Last Updated: February 15, 2019 at 11:22 AM

Benisek v. Lamone

Case Information

Date Filed: November 11, 2013
State: Maryland
Issue: Redistricting
Current Court: US Supreme Court (Case 18-726)

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. Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session filed 1/4/19. Argument set for March 26th 2019 filed 1/25/19. 

 

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)
• Jurisdictional Statement (filed 12/3/18)
• Memorandum Opinion (filed 12/3/18)
• Motion to Affirm (filed 12/11/18)
• Brief Opposing Motion to Affirm (filed 12/18/18)
• Appendix (filed 2/8/19)
• Appendix Volume II
• Appendix Volume III
• Appendix Volume IV
• Appendix Volume V
• Brief of David Orentlicher as Amicus Curiae (filed 2/11/19)
• Brief of Representative David Trone ain Support of Appellants (filed 2/12/19)
• Brief of Bernard Grofman and Ronald Gaddie in Support of Neither Party (filed 2/12/19)
• Brief for Amici Curiae in support of Appellants (filed 2/11/19)