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Spencer v. Blackwell, et al

(page last updated October 31, 2007 at 8:44 AM)

Case Information

All Courts: U.S. District Court Southern District of Ohio (Case 1:04-cv-738-SJD); U.S. Court of Appeals for the Sixth Circuit (Case 04-4311)
Topic(s): Polling Place Challenges
State: Ohio
Date Filed: October 27, 2004
Date Ended: November 2, 2004

District Court Documents

• Complaint (filed 10/27/2004)
• Motion for Preliminary Injunction, Motion for Temporary Restraining Order (filed 10/27/2004)
  • Affidavit
• Motion to Intervene of Charles H. Winburn, Sam Malone, and Clara Pugh
• Intervenor's Response to Motions for Preliminary Injunction and Temporary Restraining Order (filed 10/28/2004)
• Response in Opposition re Motion for Preliminary Injunction and Motion for Temporary Restraining Order filed by Defendants Michael Barrett, Timothy Burke, Hamilton County Board of Elections, Daniel Radford, Todd Ward, and John Williams (filed 10/28/2004)
• Motion to Dismiss under Civil Rule 12 by Defendants Michael Barrett, Timothy Burke, Hamilton County Board of Elections, Daniel Radford, Todd Ward, and John Williams (filed 10/28/2004)
• Motion to Dismiss and Memorandum Contra Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by Defendant J Kenneth Blackwell (filed 10/28/2004)
  • Attachment 1
  • Attachment 2
  • Attachment 3
• Amended Complaint against all defendants, filed by Plaintiffs Donald Spencer, Marian A. Spencer, Defendants J Kenneth Blackwell, Hamilton County Board of Elections, Timothy Burke, Michael Barrett, Todd Ward, Daniel Radford, John Williams (filed 10/29/2004)
  • (Attachments: #1 Exhibit A & B)
• Motion in Limine by Intervenor Defendants Sam Malone, Clara Pugh, Charles Winburn (filed 10/29/2004)
• October 29 letter from Department of Justice
• Trial Brief and Argument Opposing Issuance of TRO by Defendants Michael Barrett, Timothy Burke, Hamilton County Board of Elections, Daniel Radford, Todd Ward, John Williams (filed 10/31/2004)
• Proposed Findings of Fact by Plaintiffs Donald Spencer, Marian A. Spencer (filed 10/31/2004)
• Trial Brief and Closing Arguments on Plaintiff's Motion for Temporary Restraining Order by Intervenor Defendants Sam Malone, Clara Pugh, Charles Winburn (filed 10/31/2004)
• Trial Brief And Memorandum Opposing Injunctive Relief by Defendant J Kenneth Blackwell (filed 10/31/2004)
• Reply to Motion for Preliminary Injunction and for Temporary Restraining Order Written Argument In Opposition by Defendant Michael Barrett (filed 10/31/2004)
• Order granting Motion for Preliminary Injunction, granting Motion for TRO . Signed by Judge Susan J. Dlott on 11/1/04 (filed 11/01/2004)
• Motion to Stay re Order on Motion for Preliminary Injunction, Order on Motion for TRO by Intervenor Defendants Sam Malone, Clara Pugh, Charles Winburn (filed 11/01/2004)
• Response to Motion re Motion to Stay Order on Motion for Preliminary Injunction, Order on Motion for TRO Memorandum of plaintiffs in opposition to stay pending appeal filed by Plaintiffs Marian A. Spencer, Donald Spencer (filed 11/1/2004)
• Intervenor-Defendants appeal Judge Dlott's ruling (filed 11/1/2004)
• Order denying Motion to Stay pending appeal. Signed by Judge Susan J. Dlott on 11/1/04 (filed 11/01/2004)

U.S. Sixth Circuit Court of Appeals

• Intervenor-Defendant-Appellant State of Ohio's Response to Request for Brief
• Motion of Appellants-Intervenor Defendants for Emergency Stay of Order
• Consolidated opinion for both Spencer and Summit County
• Consolidated concurrence for both Spencer and Summit County
• Consolidated dissent for both Spencer and Summit County
• Justice Stevens' Opinion

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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