Case: Hamilton v. Ashland County Board of Elections

Ohio state trial court

U.S. Court of Appeals for the Sixth Circuit

Complaint against all defendants. Filing fee $ 350, receipt number 06470000000003267449, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Ashland County Board of Elections, # 3 Summons Bonnie Manos, # 4 Summons David Samsel, # 5 Summons Dennis Ragle, # 6 Summons George Bringman, # 7 Summons Jennifer Brunner) (Singleton, David) (Entered: 10/27/2008)

Judge Donald C. Nugent assigned to case. (C,BA) (Entered: 10/28/2008)

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,BA) (Entered: 10/28/2008)

Motion for temporary restraining order filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. Related document(s) 1 . (Attachments: # 1 Affidavit Declaration of Derek Hamilton, # 2 Affidavit Xavier Brock Declaration, # 3 Affidavit David Lee Sweazy Declaration, # 4 Affidavit Chevin Rouhgt Declaration, # 5 Affidavit Javon Patton Declaration, # 6 Affidavit Jeremiah Ramos Declaration, # 7 Affidavit Jabrail Wofford Declaration, # 8 Affidavit Rameon Sumlin Declaration, # 9 Affidavit James Mack Declaration, # 10 Affidavit Markus Barrett Declaration, # 11 Affidavit Raymond Welcher Declaration, # 12 Affidavit Nicholas Seefong Declaration, # 13 Affidavit Taronn Allen Declaration, # 14 Affidavit Troy Tomlin Declaration, # 15 Affidavit Nick Mallison Declaration, # 16 Affidavit Roget Carr Declaration, # 17 Affidavit Margie Slagle Declaration)(Singleton, David) (Entered: 10/28/2008)

Summons and Magistrate Consent Form issued to counsel for service upon Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel &Jennifer Brunner. (Attachments: # 1 Magistrate Consent Form) (C,BA) (Entered: 10/28/2008)

Attorney Appearance for Defendant Ohio Secretrary of State Jennifer Brunner by Richard N. Coglianese filed by on behalf of Jennifer Brunner. (Coglianese, Richard) (Entered: 10/28/2008)

Notice (non−document)of Temporary Restraining Order Hearing scheduled to be held on 10/31/2008 at 08:00 AM at Courtroom 15A before Judge Donald C. Nugent. (R,JM) (Entered: 10/29/2008)

Attorney Appearance by Tiffany L. Carwile filed by on behalf of Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Carwile, Tiffany) (Entered: 10/29/2008)

Motion for Order to Convey filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Carwile, Tiffany) (Entered: 10/29/2008)

First Amended complaint against all defendants, filed by Derek Hamilton. (Singleton, David) (Entered: 10/29/2008)

Financial Transaction in the amount of $200.00 received for motion to appear pro hac vice by attorneys Paul T. Lange and Michael D. Donatini, Receipt # 14660024251. (B,IE) (Entered: 10/30/2008)

Response to 2 Motion for temporary restraining order filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Attachments: # 1 Exhibit)(Carwile, Tiffany) (Entered: 10/30/2008)

Motion for attorney Michael D. Donatini to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660024251, filed by Defendant Ashland County Board of Elections. (Attachments: # 1 Affidavit of Michael D. Donatini, # 2 Certificate of Good Standing)(B,B) (Entered: 10/30/2008)

Motion for attorney Paul T. Lange to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660024251, filed by Defendant Ashland County Board of Elections. (Attachments: # 1 Affidavit of Paul Lange, # 2 Certificate of Good Standing)(B,B) (Entered: 10/30/2008)

Motion for attorney Angelina Jackson to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003273057, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Singleton, David) (Entered: 10/30/2008)

Response to 2 Motion for temporary restraining order filed by Jennifer Brunner. (Attachments: # 1 Exhibit)(Chin, Pearl) (Entered: 10/30/2008)

Attorney Appearance by David A. Singleton filed by on behalf of Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Singleton, David) (Entered: 10/30/2008)

Reply to response to 2 Motion for temporary restraining order filed by all plaintiffs. (Attachments: # 1 Affidavit of Angelina Jackson re: voicemail from Secretary of State's office, # 2 Affidavit of Karen Wood re: date of service of notice, # 3 Exhibit Plain Dealer article, # 4 Affidavit of Eli Braun re: Ohio River Valley facility, # 5 Affidavit of Angelina Jackson re: Circleville facility, # 6 Exhibit Ashland Times−Gazette article)(JohnsonGrove, Stephen) (Entered: 10/30/2008)

Judgment Entry re 15 Memorandum opinion and Order on Motion for Temporary Restraining Order; Denying the motion for a Temporary Restraining Order 2 , and Dismissing the First Amended Complaint 7 with prejudice. Signed Judge Donald C. Nugent on 10/31/08. (C,B) (Entered: 10/31/2008)

Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack (Related document(s) 16 , 15 ). (Attachments: # 1 Proposed Order Staying Dismissal and Ordering Provisional Ballots to be Provided to Plaintiffs Pending Appeal) (Singleton, David). Modified text on 11/3/2008 (H, SP). (Entered: 11/02/2008)

Attorney Appearance by Mark D. Landes and Jeffrey A. Stankunas filed by on behalf of Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Landes, Mark) (Entered: 11/03/2008)

Opposition to 17 Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Stankunas, Jeffrey) (Entered: 11/03/2008)

Transcript of TRO held on 10−31−08 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216−357−7106. [62 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/12/2008. Redaction Request due 11/24/2008. Redacted Transcript Deadline set for 12/4/2008. Release of Transcript Restriction set for 2/2/2009. (P,Sh) (Entered: 11/03/2008)

Reply to response to 17 Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal filed by all plaintiffs. (JohnsonGrove, Stephen) (Entered: 11/03/2008)

Order re 17 Denying Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs. Judge Donald C. Nugent.(R,JM) (Entered: 11/03/2008)

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 15 Memorandum Opinion and Order and 16 Judgment of 10/31/08, filed by plaintiffs Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin and James Mack. (Filing fee of $455 paid, receipt number 06470000000003276239) (JohnsonGrove, Stephen). Modified text on 11/3/2008 (H, SP). (Entered: 11/03/2008)

Order (corrected caption) that Plaintiff's motion for a Temporary Restraining Order is denied and the First Amended Complaint is dismissed with prejudice. Signed by Judge Donald C. Nugent on 10/31/2008. (Related doc 2 , 7 , 15 , 16 )(B,B) (Entered: 11/03/2008)

Acknowledgment from the USCA for Sixth Circuit of receipt of 23 Notice of Appeal (USCA# 08−4439). Date filed in USCA 11/3/08. (H, SP) (Entered: 11/03/2008)

Information Copy of order from USCA for the Sixth Circuit: The District Court's dismissal of the state claim on the merits is vacated, and the state claim is dismissed without prejudice. The District Court's judgment on the federal claims is affirmed re 23 Notice of Appeal (USCA# 08−4439). This is not a mandate order. Circuit Judges: Gibbons and Cook, District Judge: Steeh. Date issued by USCA 11/3/08 (H, SP) (Entered: 11/04/2008)

True copy of mandate from the USCA for the Sixth Circuit: The judgment of the District Court is affirmed in part and vacated in part as to 23 Notice of Appeal (USCA# 08−4439). Date issued as mandate 11/25/08, No Costs Taxed (Related document 26 ) (H, SP) (Entered: 11/25/2008)