Last Updated: August 25, 2015 at 4:22 PM

Citizen Center v. Gessler

Case Information

Date Filed: February 13, 2012
State: Colorado
Issues: Improper Election Administration, Voting Technology
Courts that Heard this Case: U.S. District Court for the District of Colorado (Case 1:12-cv-00370); United States 10th Circuit Court of Appeals (Case 12-1414)

Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12. Oral Arguments held 3/17/14. Opinion reversing in part, affirming in part filed 10/21/14. Petition for Rehearing En Banc filed 11/4/14. Order denying Petition for Rehearing En Banc filed 11/17/14. Petition for writ of certiorari filed 2/20/15. Notice of denial of certiorari filed 4/27/15. District Court order dismissing case filed 08/19/15.

See related state court case: Marks v. Koch

Circuit Court Documents

• Receipt of Appeal (filed 10/19/12)
• Docketing Statement (filed 10/30/12)
• Mediation Conference Notice (filed 11/26/12)
• Stipulated Joint Motion for Partial Dismissal of Appeal (filed 12/20/12)
• Order Dismissing Defendant Reiner as a Party (filed 12/21/12)
• Deadline Extended (filed 2/20/13)
• Briefing Deadline Extended (filed 3/13/13)
• Deadline Extended (filed 4/15/13)
• Briefing Deadline Extended (filed 4/29/13)
• Unopposed Motion to Extend Time to File Opening Brief (filed 6/10/13)
• Order Granting Motion to Extend Time (filed 6/10/13)
• Motion of Citizen Center to Hold Appeal in Abeyance (filed 6/28/13)
• Order Tolling Briefing on the Merits (filed 7/1/13)
• County Clerks' Response to Motion to Hold in Abeyance (filed 7/11/13)
• Order Denying Motion to Abate (filed 7/16/13)
• Appellant Opening Brief (filed 8/15/13)
• Appendix filed Citizen Center (filed 8/15/13)
• Minute Order - appellee Brief due 9/19/13 (filed 8/19/13)
• Unopposed Joint Motion for Extension of Time (filed 9/13/13)
• Order Extending Time (filed 9/13/13)
• Respondent's Answer Brief (filed 10/3/13)
• Secretary of State Answer Brief (filed 10/3/13)
• Letter to Appellee on Deficient Brief (filed 10/3/13)
• Statement Regarding Oral Argument (filed 10/4/13)
• Unopposed Motion for Extension (filed 10/10/13)
• Order Granting Extension (filed 10/10/13)
• Citizen Center's Reply Brief (filed 11/4/13
• Scott Gessler's Acknowledgment of Oral Argument (filed 1/21/14)
• Citizen Center's Acknowledgment of Oral Argument (filed 1/22/14)
• Hillary Hall's Acknowledgment of Oral Argument (filed 1/22/14)
• Notice of Party Substitution (filed 1/29/14)
• Supplemental authority by Joyce Reno and Teak Simonton (filed 2/4/14)
• Citizen Center's Response to Feb. 4 letter (filed 2/10/14)
• Notice of Supplemental Authority (filed 3/4/14)
• Citizen Center's Motion to Release Oral Argument Recording (filed 5/6/14)
• Order granting Motion to Release Oral Argument Recording (filed 5/6/14)
• Opinion affirming in part, reversing in part (filed 10/21/14)
• Petition for Rehearing En Banc (filed 11/4/14)
• Order denying Petition for rehearing (filed 11/17/14)
• Mandate (filed 11/25/14)
• Petition for writ of certiorari (filed 2/20/15)
• Notice of denial of certiorari (filed 4/27/15)

District Court Documents

• Complaint (filed 2/13/12)
• Unopposed Motion for Extension of Time to File Answer (filed 3/13/12)
• Order Granting Unopposed Motion (filed 3/13/12)
• County Clerks' Joint Motion to Dismiss (filed 4/16/12)
• Secretary's Motion to Dismiss (filed 4/16/12)
• Amended Complaint (filed 5/10/12)
• Stipulated Motion to Deny Pending Motions to Dismiss as Moot (filed 5/22/12)
• Order Granting Stipulated Motion to Deny Pending Motions to Dismiss as Moot (filed 5/22/12)
• County Clerks' Joint Motion to Dismiss First Amended Complaint (filed 6/4/12)
• Sec. of State's Rule 12(b)(1) Motion to Dismiss First Amended Complaint (filed 6/4/12)
• Citizen Center's Emergency Motion for Reconsideration (filed 6/8/12)
• Court Order on Defendant's Response Time to Plaintiff's Emergency Motion (filed 6/11/12)
• Scheduling Order (filed 6/13/12)
• Plaintiff's Objection to Part of Magistrate's June 4 Scheduling Order with Exhibits (filed 6/18/12)
• County Clerks' Response to Plaintiff's Emergency Motion (filed 6/22/12)
• Secretary's Response to Plaintiff's Emergency Motion (filed 6/22/12)
• Citizen Center's Response to Secretary's Rule 12(b)1 Motion (filed 6/28/12)
• Citizen Center's Response to County Clerks' Joint Motion to Dismiss (filed 6/28/12)
• Declaration of Marilyn R. Marks (filed 7/5/12)
• Citizen Center's Reply to Defendants' Separate Responses to Emergency Motion for Reconsideration (filed 7/9/12)
• Defendants' Motion to Stay Consideration of Objection to Magistrate Judge's Discovery Ruling (filed 7/10/12)
• Motion of Citizen Center for Leave to File First Supplemental Complaint Pursuant to Rule 15(d) (filed 7/10/12)
• Court Order Regarding Motion for Reconsideration (filed 7/16/12)
• Court Order Denying Defendants' Motion to Stay Consideration of Objection to Magistrate Judge's Discovery Ruling (filed 7/18/12)
• Response to Plaintiff's Motion to Supplement (filed 7/23/12)
• County Clerks' Joint Reply in Further Support of their Motion to Dismiss First Amended Complaint (filed 7/26/12)
• Reply in Support of Secretary's Rule 12(b)(1) Motion to Dismiss Plaintiff's First Amended Complaint (filed 7/26/12)
• Order Granting Leave to File First Supplemental Complaint (filed 7/27/12)
• First Supplemental Complaint (filed 7/27/12)
• Subpoena to Produce Documents (filed 8/8/12)
• Waiver of Service of a Subpoena (filed 8/13/12)
• Stipulation and Protective Order (filed 8/14/12)
• Subpoena for Records (filed 8/16/12)
• Citizen Center's Motion for a Temporary Restraining Order and a Preliminary Injunction (filed 8/17/12)
• Motion to Quash (filed 8/20/12)
• County Clerks' Response to Plaintiff's Motion for a Preliminary Injunction (filed 8/24/12)
• Secretary of State's Response to Citizen Center's Motion for a Temporary Restraining Order (filed 8/24/12)
• Citizen Center's Reply Supporting Motion for a Temporary Restraining Order and Preliminary Injunction (filed 9/4/12)
• Citizen Center's Response to Motion to Quash (filed 9/13/12)
• Order Denying Motion to Quash as Moot (filed 9/14/12)
• Case Dismissed by Minute Order (9/24/12)
• Final Judgment (filed 9/25/12)
• Disclosure Costs (filed 10/5/12)
• Bill of Costs (filed 10/5/12)
• Proposed Bill of Costs (filed 10/5/12)
• Defendant Reno's Proposed Bill of Costs (filed 10/5/12)
• Exhibits of Reno's Costs (filed 10/8/12)
• Order Assigning Costs (filed 10/15/12)
• Notice of Appeal (filed 10/18/12).
• Order to show cause (filed 2/18/15)
• Plaintiff's Response to Order to Show Cause (filed 2/25/15)
• Plaintiff's Motion to Stay Discovery (filed 2/25/15)
• Defendant's Response to Order to Show Cause (filed 2/25/15)
• Order Granting Motion to Stay Discovery (filed 2/27/15)
• Defendant's Objections to Response to Show Cause (filed 3/5/15)
• Parties' Joint Status Report Following Supreme Court's Ruling on Plaintiff's Petition for Writ of Cert (filed 5/27/15)
• Unopposed Motion to Dismiss Case (filed 8/19/15)
• Order Dismissing Case (filed 8/19/15)