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ACORN v. Scott

(page last updated May 7, 2010 at 9:20 AM)

Case Information

All Courts: U.S. District for the Western District of Missouri (Case 2:08-cv-04084)
Topic(s): Voter Registration
State: Missouri
Date Filed: April 23, 2008
Date Ended: June 25, 2009

Issue:

Whether the state of Missouri has violated the NVRA by failing to make voter registration forms sufficiently available in state public assistance offices.

Status:

Complaint filed 4/23/08.  Preliminary Injunction denied in part and granted in part on 7/15/08.  Trial set for 6/15/09. Settlement Agreement filed 6/25. Order of Dismissal entered 6/25.

District Court Documents

• Complaint (filed 4/23/08)
  • Exhibit 1- August 23, 2007 Letters to Carnahan and Scott
  • Exhibit 2 - October 11, 2007 Letter to Mellor and Wright
  • Civil Cover Sheet
• NOTICE of filing, Disclosure of Corporation Interests (filed 4/23/08)
• MOTION for Preliminary Injunction (filed 4/23/08)
  • Memorandum of Law in Support
  • AFFIDAVIT Declaration of Jeff Ordower
  • AFFIDAVIT Declaration of Joseph Amrine
  • AFFIDAVIT Declaration of Rodney Austin
  • AFFIDAVIT Declaration of Robert Bennett
  • AFFIDAVIT Declration of Elyshya Lowery Miller
  • AFFIDAVIT Declaration of Angie Hamilton (Regarding Kansas City DSS Office)
  • AFFIDAVIT Declaration of Angie Hamilton (Regarding Independence DSS Office)
  • AFFIDAVIT Declaration of Dionne O'Neal
  • AFFIDAVIT Declaration of Diana Moore
  • AFFIDAVIT Declaration of Norma Johnson
• ADMINISTRATIVE TRANSFER - Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. (filed 4/23/08)
• [Multiple motions for pro hac vice appearance were filed and subsequently granted on 4/23/08]
• Notice of EAP assignment to United States Magistrate Judge William A. Knox & General Order (4/24/08)
• ORDER ON PRETRIAL PROCEDURES (4/24/08)
• SUMMONS ISSUED as to Deborah E. Scott, Janel R Luck (4/29/08)
• Minute Entry (entered 5/14/08)
• ORDER entered by Judge Nanette Laughrey. The Court grants the joint request to extend the deadline for the parties to file a Rule 26 conference report. The report is due on or before May 23, 2008 (entered 5/21/08)
• ANSWER to Complaint (filed 5/23/08)
• ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 6/4/2008 at 10:15 AM regarding the Proposed Scheduling Order.  (entered 5/29/08)
• Minute Entry (filed 6/4/08). Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 6/4/2008. Teleconference held regarding the Report to the Court of Discovery Conference and Proposed Preliminary Discovery Plan (Doc. 36). The Court approved the plan and ordered parties to file within ten days after the Court enters an order on the preliminary injunction a proposed scheduling plan for completing the permanent injunction. The proposed schedule should be on an abbreviated schedule.
• ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 6/11/2008 at 09:30 AM. The conference is regarding the location of the preliminary injunction hearing (entered 6/4/08)
• SUGGESTIONS in opposition to MOTION to dismiss case (filed 6/6/08)
• SUGGESTIONS in opposition to MOTION to dismiss party (filed 6/6/08)
• ORDER SETTING HEARING entered by Judge Nanette Laughrey. The Preliminary Injunction Hearing is reset for July 9, 2008 at 09:00 AM at District Courtroom, Jefferson City (Entered: 06/11/2008)
• REPLY SUGGESTIONS to MOTION to dismiss party or, in the alternative, Judgment on the Pleadings (filed 6/18/08)
• REPLY SUGGESTIONS to MOTION to dismiss case (filed 6/23/08)
• PROPOSED WITNESS LIST (filed 6/24/08)
• ORDER entered by Judge Nanette Laughrey. Each party shall provide to opposing counsel by Monday, July 7, 2008 at 9:00 a.m. any deposition testimony that will be used at the hearing on July 9, 2008 (filed 7/1/08)
• NOTICE of hearing: Telephone Conference set for 7/2/2008 10:00 AM (filed 7/1/08)
• SUGGESTIONS in opposition regarding MOTION for preliminary injunction on behalf of Defendants Jackson County Board of Election Commissioners (filed 7/1/08)
• SUGGESTIONS in opposition regarding MOTION for preliminary injunction on behalf of Defendants Kansas City Board of Election Commissioners (filed 7/1/08)
• SUGGESTIONS in opposition regarding MOTION for preliminary injunction on behalf of Defendants St. Louis Board of Election Commissioners (filed 7/1/08)
• SUGGESTIONS in opposition regarding MOTION for preliminary injunction on behalf of Defendants Deborah E. Scott, Janel R Luck (filed 7/1/08)
  • Production Req Responses
  • Production Req Responses (policies)
  • Depositions of Bentley, Denney, and Morris
  • Deposition of Patrick Moody
  • Exhibit Deposition of Joseph Darcy
  • Deposition of Thomas Jakopchek
  • Deposition of Antoinette Mays
  • Deposition of Richard Warren
  • Interview Observation Checklist
  • U.S. Election Assistance Comm'n Report
  • Voting records
  • Deposition of Jeffrey Ordower
  • Deposition of Dionne O'Neal
• ORDER entered by Judge Nanette Laughrey. The Preliminary Injunction Hearing will be held July 9, 2008 (entered 7/3/08)
• ORDER SETTING TELECONFERENCE. A Telephone Conference is set for 7/7/2008 at 04:30 before Judge Nanette Laughrey. Plaintiff shall initiate the conference and contact the Court last at 816-512-5679 (entered 7/7/08)
• ORDER: Defendants' Motions to Dismiss are DENIED (entered 7/7/08)
• Minute Entry: Mediation continued before Magistrate Judge William A. Knox on 7/7/2008. Case did not settle (filed 7/7/08)
• REPLY SUGGESTIONS to motion regarding MOTION for preliminary injunction (filed 7/7/08)
• REPLY SUGGESTIONS to motion regarding MOTION for preliminary injunction (filed 7/7/08)
  • Exhibit
• AFFIDAVIT of service for Plaintiffs' Reply Memorandum of Law in Further Support of Motion for Preliminary Injunction (filed 7/8/08)
• JOINT ANSWER to Complaint (filed 7/8/08)
• ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for a Preliminary Injunction is DENIED as to the Jackson County, Kansas City and St. Louis Boards of Election Commissioners.Plaintiffs' Motion for a Preliminary Injunction is GRANTED as to Defendants Scott and Luck (entered 7/15/08)
• ANSWER to Complaint (filed 7/17/08)
• PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN (filed 7/29/08)
• NOTICE of filing, Department of Social Services Plan for Compliance (filed 7/30/08)
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
• SCHEDULING ORDER (entered 7/31/08)
  • Memo
• RULES OF TRIAL (entered 7/31/08)
• NOTICE of filing Department of Social Services Revised Plan for Compliance (filed 8/11/08)
• Minute Entry - SETTLEMENT CONFERENCE held before Magistrate Judge William A. Knox (entered 8/19/08)
• MOTION to join the Secretary of State as Additional Party Defendant (filed 9/30/08)
• SUGGESTIONS in support regarding MOTION to join the Secretary of State as Additional Party Defendant (filed 9/30/08)
• MOTION to amend/correct its Joint Answer (filed 9/30/08)
  • Amended Answer
• Order granting Motion to Amend/Correct its Joint Answer (filed 10/1/08)
• AMENDED ANSWER to Complaint (filed 10/3/08)
• RESPONSE to motion regarding MOTION to join the Secretary of State as Additional Party Defendant (filed 10/14/08)
• SUGGESTIONS in opposition regarding MOTION to join the Secretary of State as Additional Party Defendant (filed 10/15/08)
• MOTION for extension of time to file response/reply (filed 10/29/08)
• ORDER entered by Judge Nanette Laughrey granting Motion for Extension of Time to File Reply (filed 10/30/08)
• MOTION for leave to file Suggestions in Opposition to Motion for Involuntary Joinder of the Secretary of State (filed 11/4/08)
  • Suggestions in Opposition
• ORDER entered by Judge Nanette Laughrey granting in part and denying in part MOTION for leave to file Suggestions in Opposition to Motion for Involuntary Joinder of the Secretary of State. The Opposition shall be filed on or before November 10, 2008. Reply suggestions are due on or before November 17, 2008 (entered 11/5/08)
• SUGGESTIONS in opposition to Motion for Involuntary Joinder of Secretary of State (filed 11/7/08)
• ORDER - Motion to Compel Joinder of the Secretary of State is DENIED (entered 12/17/08)
• Consent MOTION for extension of time to complete discovery filed by ACORN (filed 1/15/09)
• ORDER granting Consent Motion for an extension of time to complete fact discovery.  Discovery motions due 2/28/09.  Fact discovery to be completed by 3/15/09.  Dispositive motion deadline remains 4/3/09. (entered 1/20/09).
• Minute Entry. Settlement proceedings held before Magistrate Judge William A. Knox on 3/16/2009. Negotiations ongoing.
• AMENDED SCHEDULING ORDER (entered 3/23/09)
• ORDER granting Plaintiffs' motion to dismiss local election authority defendants and parties' joint motion for extension of time to complete discovery. All fact discovery will be completed on or before June 12, 2009. Plaintiffs' expert reports must be filed on or before May 29, 2009, and Defendants' expert reports must be filed on or before June 16, 2009. (entered 3/31/09)
• Preliminary Injunction Proceedings held (4/24/09)
• Notice of Hearing -- Telephone Conference set for 5/28/09 (entered 5/28/09)
  • Status conference held regarding settlement (held 5/28/09)
• Stipulation of Dismissal and Settlement Agreement (filed 6/25/09)
• Order of Dismissal (entered 6/25/09)

Related Links

• State and local officials sued over voter rights, St. Louis Post Dispatch, 4/23/08

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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