Last Updated: November 15, 2018 at 9:16 PM

Benisek v. Lamone

Case Information

Date Filed: November 11, 2013
State: Maryland
Issue: Redistricting
Current Court: US Supreme Court (Case 17-333)

Issue:

Original Issue before U.S. Supreme Court: Whether a single-judge district court can conclude that a three-judge panel is not required to hear a 28 U.S.C. § 2284 complaint, not because it is insubstantial, but because the complaint fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as determined by the court.

Current Issue: Whether the Maryland legislature's redrawing of Congressional district lines violates the U.S. Constitution.

Status:

US District Court for the District of Maryland Opinion filed on 04/08/2014. US Court of Appeals for the 4th Circuit Opinion filed on 10/07/2014. US Supreme Court Granted Petition for Writ of Cert on 06/08/2015. Oral Argument held on 11/04/15. U.S. Supreme Court Opinion filed 12/8/15. Second Amended Complaint on remand filed 3/3/16. Motion to Dismiss filed 4/20/16. Opinion and Order Denying Motion to Dismiss filed 8/24/16. Answer to Amended Complaint filed 9/7/16. Plaintiffs' Motion for Preliminary Injunction filed 5/31/17. Joint Status Report filed 6/2/17 and 6/30/17. Defendants' Cross-Motion for Summary Judgment filed 6/30/17. Memorandum Opinion Denying Plaintiffs' Motion for Preliminary Injunction filed 8/24/17. Order Entering Stay filed 8/24/17. Notice of Appeal to U.S. Supreme Court filed 8/25/17. Jurisdictional Statement filed 9/1/17. Motion to Expedite filed 9/1/17. Order Denying Motion to Expedite filed 9/13/17. Motion to Affirm filed 10/31/17. Brief in Opposition to Motion to Affirm filed 11/13/17. Order postponing further consideration of jurisdiction question until hearing of case on merits filed 12/8/17. Appellants' Brief filed 1/22/18. Appellees' Brief filed 2/21/18. Supreme Court Judgment affirming district court decision denying preliminary relief filed 6/18/18. Judgement Issued filed 11/7/18. Consent Motion to stay filed 11/15/18.

 

District Court Documents

• Opinion (filed 4/08/14)
• Second Amended Complaint (on remand) (filed 3/3/16)
• Motion to Dismiss for Failure to State a Claim (filed 4/20/16)
• Response in Opposition to Motion to Dismiss (filed 5/20/16)
• Amicus Brief of Brennan Center for Justice (filed 5/27/16)
• Amicus Brief of Common Cause (filed 6/8/16)
• Amicus Brief of Campaign Legal Center (filed 6/8/16)
• Reply in Support of Motion to Dismiss (filed 6/21/16)
• Surreply in Opposition to Motion to Dismiss (filed 7/1/16)
• Opinion Denying Motion to Dismiss (filed 8/24/16)
• Answer to Amended Complaint (filed 9/7/16)
• Joint Status Report (filed 11/14/16)
• Joint Stipulations (filed 11/14/16)
• Stipulation of Dismissal of Plaintiffs Maria A. Pycha and Stephen M. Shapiro (filed 11/15/16)
• Order Terminating Plaintiffs Maria A. Pycha and Stephen M. Shapiro (filed 11/16/16)
• Motion to Intervene of Stephen Shapiro (filed 12/30/16)
• Plaintiffs' Motion to Compel Non-Parties to Testify (filed 1/4/17)
• Non-Parties' Motion for Protective Order and to Quash Non-Party Deposition Subpoenas (filed 1/10/17)
• Defendants' Motion for Protective Order (filed 1/16/17)
• Plaintiffs' Response in Opposition to Motion for Protective Order (filed 1/16/17)
• Non-Parties' Opposition to Plaintiffs' Motion to Compel (filed 1/16/17)
• Defendants' Response to Motion to Intervene (filed 1/17/17)
• Plaintiffs' Opposition to Motion to Intervene (filed 1/17/17)
• Non-Parties' Reply in Support of Protective Order (filed 1/19/17)
• Plaintiffs' Reply in Support of Motion to Compel (filed 1/19/17)
• Motion for Protective Order by Maryland state Senator Garagiola (filed 1/25/17)
• Memorandum and Order on Motion to Intervene (filed 1/30/2017)
• Memorandum and Order Granting Motion to Compel and Denying Protective Order (filed 2/13/2017)
• Memorandum and Order Granting Protective Order (filed 2/14/2017)
• Plaintiff's Brief in Response (filed 2/16/2017)
• Order Lifting Stay on Order to Produce Documents (filed 3/16/2017)
• Order Denying Motion for Protective Order (filed 3/16/2017)
• Stipulated Order Regarding Confidentiality of Discovery Material (filed 3/31/2017)
• Plaintiffs' Motion for Preliminary Injunction (filed 5/31/2017)
• Joint Status Report (filed 6/2/2017)
• Amicus Brief of Stephen Shapiro (filed 6/8/2017)
• Defendants' Cross-Motion for Summary Judgment (filed 6/30/2017)
• Joint Status Update (filed 6/30/2017)
• Plaintiffs' Reply to Defendants' Cross-Motion for Summary Judgment (filed 7/10/2017)
• Defendants' Reply in Support of Cross-Motion for Summary Judgment (filed 8/1/2017)
• Memorandum Opinion Denying Plaintiffs' Motion for Preliminary Injunction (filed 8/24/2017)
  • Order Denying Motion for Preliminary Injunction (filed 8/24/2017)
• Order Entering Stay and Holding Summary Judgment Motion in Abeyance (filed 8/24/2017)
• Notice of Appeal to U.S. Supreme Court (filed 8/25/2017)
• Joint Status Report (6/29/18)
• Supplemental to Motion for Summary Judgement (7/13/18)
• Exhibit A
• Exhibit B
• Exhibit C
• Supplemental Brief in Support of Defendant's Cross-Motion for Summary Judgement (7/13/18)
• Motion to Exclude Portions of the Declartion of Micah D. Stein (9/11/18)
• Memorandum in Support
• Opposition to Defendants' Motion to Exclude Portions of The Declaration of Micah D. Stein (9/24/18)
• Exhibit A
• Declaration of Micah Stein In Support of Plaintiff's Supplemental Summary (9/28/18)
• Exhibit 1
• Order Denying Defendants' Motion to Exclude Portions of the Declaration (10/2/18)
• Memorandum Opinion (11/7/18)
• Judgment (11/7/18)
• Consent Motion to Stay (11/15/18)
• Plaintiffs' Statement of Conditional Consent (11/15/18)

Circuit Court of Appeals Documents

• Opinion (filed 10/07/14)

U.S. Supreme Court Documents

• Petition For Writ of Cert (filed 2/10/15)
• Order Extending Time to File Response to Petition (filed 3/04/15)
• Brief Amicus Curiae of Judicial Watch, Inc. (filed 3/20/15)
• Brief of Appellees in Opposition (filed 4/20/15)
• Reply of Appellants (filed 5/01/15)
• Petition for Writ of Cert Granted (filed 6/08/15)
• Consent to the Filing of Amicus Curiae Briefs, Received from Petitioners' Counsel (filed 7/06/15) (Document Not Available)
• Consent to the Filing of Amicus Curiae Briefs, Received from Respondents' Counsel (filed 8/05/15) (Document Not Available)
• Brief of Petitioners Shapiro, et al. (filed 8/07/15)
• Brief Amici Curiae of Common Cause and The Campaign Legal Center, Inc. (filed 8/13/15)
• Brief Amicus Curiae of Virginia State Conference of the NAACP (filed 8/14/15)
• Brief Amicus Curiae of Judicial Watch, Inc. (filed 8/14/15)
• Brief Amici Curiae of Professors Joshua A. Douglas and Michael E. Solimine, Election Law Scholars (filed 8/14/15)
• Set for Argument on 11/04/15
• Record Requested from the USCA 4th Cir. (Document Not Available) (filed 9/10/15)
• Brief for respondents David J. McManus et al (filed 9/25/15)
• Reply of petitioners Stephen M. Shapiro et al (filed 10/26/15)
• Transcript of Oral Argument (filed 11/04/15)
• Opinion (filed 12/08/15)
• Judgment Issued (Document Unavailable) (filed 01/11/16)
• Jurisdictional Statement (second appeal) (filed 9/1/17)
• Motion to Expedite (filed 9/1/17)
• Appellees' Response in Opposition to Motion to Expedite (filed 9/11/17)
• Appellants' Reply in Support of Motion to Expedite (filed 9/12/17)
• Order Denying Motion to Expedite (filed 9/13/17)
• Motion to Affirm (filed 10/31/17)
• Opposition to Motion to Affirm (filed 11/13/17)
• Order postponing further consideration of jurisdiction question until hearing of case on merits (filed 12/8/17)
• Appellants' Brief (filed 1/22/18)
• Joint Appendix (filed 1/22/18)
• Amicus Brief of Common Cause (filed 1/25/18)
• Amicus Brief of Bipartisan Former and Current Members of Congress (filed 1/29/18)
• Amicus Brief of International Municipal Lawyers Association et al (filed 1/29/18)
• Amicus Brief of Professor Michael Kang (filed 1/29/18)
• Amicus Brief of Campaign Legal Center and Southern Coalition for Social Justice (filed 1/29/18)
• Amicus Brief of Judicial Watch and Allied Educational Foundation (filed 1/29/18)
• Amicus Brief of Brennan Center (filed 1/29/18)
• Amicus Brief of NAACP (filed 1/29/18)
• Amicus Brief of Governors Hogan, Schwarzenegger, Davis, and Kasich (filed 1/29/18)
• Amicus Brief of ACLU (filed 1/29/18)
• Amicus Brief of Stephen M. Shapiro (filed 1/29/18)
• Appellees' Brief (filed 2/21/18)
• Opinion Affirming District Court Decision Denying Preliminary Relief (filed 6/18/18)
• Order Affirming the District Court's Order Denying a Preliminary Injunction (filed 7/23/18)