Litigation

Last Updated: September 22, 2019 at 2:42 PM

Fish v. Kobach

Case Information

Date Filed: February 18, 2016
State: Kansas
Issues: Voter Supression, Voter ID
Courts that Heard this Case: U.S. District Court for the District of Kansas (Case 2:16-cv-02105); U.S. Court of Appeals for the 10th Circuit (Case 16-03147, 16-3161)

Issue:

 Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered. Case was dismissed from the 10th circuit with prejudice on 3/5/19

Status:

Complaint filed 2/18/16. Motion for preliminary injunction filed 2/26/16. Memorandum and Order regarding preliminary injunction filed 5/17/16. Notice of Appeal filed 6/15/16. Memorandum and Order Denying Motion to Certify Class filed 7/29/16. Appellants' brief in 10th Circuit filed 7/1/16. Appellees' brief filed 7/21/16. Oral Argument held at 10th Circuit 8/23/16. Order and Judgment Affirming District Court filed 9/30/16 (full opinion forthcoming). Opinion Affirming District Court filed 10/19/16. Plaintiffs' Motion for Partial Summary Judgment on remand filed 12/22/16. Memorandum and Order Denying Plaintiffs' Motion for Partial Summary Judgment filed 5/4/17. Motion for Sanctions filed 5/22/17. Order Granting in Part and Denying in Part Motion for Sanctions filed 6/23/17. Motion for Reconsideration filed 6/29/17. Order Denying Motion for Reconsideration filed 7/5/17. Objections to Magistrate's Decision filed 7/5/17. Plaintiffs' Motion for Summary Judgment filed 7/14/17. Order Denying Objections to Magistrate's Decision filed 7/25/17. Emergency Motion for Stay filed in 10th Circuit 8/2/17. 10th Circuit Order Denying Emergency Motion filed 8/2/17. Appeal Docket in 10CCA on 5/3/18 and assigned Appeal No. 18-3094 re 526 Notice of Appeal filed  05/03/18. Findings of Fact and Conclusions of Law signed by Chief Distric Judge Julie A Robinsion filed 6/18/18. The Court awards Plaintiffs 26,214.79 in reasonable attorneys fees and expense as a sanction for the contempt found by the Court in its April Order filed 8/01/18. Notice of Appeal filed 8/31/18. APPEAL DOCKETED in 10CCA on 09/04/2018 and assigned Appeal No. 18-3186 r- Final Judgment filed by Kris W. Kobach filed 9/4/18. Defendant's Motion to Enforce Protective Order and Memorandum filed 9/14/18. Case status changed to closed on 9/14/18. District Court Closed. Tenth Circuit Court of Appeals dismissed filed 3/6/19.

District Court Documents

• Complaint (02/18/16)
• Plaintiffs' Motion for Class Certification (02/18/16)
  • Memorandum in Support
• Defendant's Motion to Consolidate (02/19/16)
• Plaintiffs' Motion for Prelimiary Injunction (02/26/16)
  • Memorandum in Support
• Affidavit of Attorney R. Orion Danjuma re: Motion for Preliminary Injunction by Plaintiffs (2/26/16)
• Plaintiffs' Response to Motion to Consolidate (3/03/16)
• Memorandum and Order re: Motion to Consolidate (3/08/16)
• First Amended Complaint (3/17/16)
• Joint Motion for Discovery and 4 Exhibits (3/22/16)
• Supplemental Notice of Discovery Disputes and Protective Order Draft (3/23/16)
• Response in Opposition to Joint Motion for Discovery (3/23/16)
• Joint Motion for Protective Order by Plaintiffs and 2 Exhibits (3/28/16)
• Order granting Motion for Protective Order (3/29/16)
• Protective Order (3/29/16)
• Response by Defendant Nick Jordan re: Motion for Preliminary Injunction (3/29/16)
• Plaintiffs' Amended Motion for Class Certification (4/05/16)
• Amicus Curiae Brief by The Public Interest Legal Foundation (4/06/16)
  • Exhibit A
• Consolidated Reply Memorandum in Support of Motion for Preliminary Injunction (4/21/16)
• Response by Defendant Kris W. Kobach re: Motion for Preliminary Injunction and Exhibits (4/21/16)
• Memorandum and Order: Plaintiffs' Motion for Preliminary Injunction (5/17/16)
• Response by Defendant Nick Jordan re: Amended Motion to Certify Class and Exhibits A-H (5/17/16)
• Defendant Kobach's Response in Opposition to Class Certification and Exhibits (5/17/16)
• Defendants' Response in Opposition (and Exhibits/Affidavit) (5/17/16)
  • Supporting Exhibits
• Motion for Order to Stay Preliminary Injunction (5/20/16)
• Answer to Amended Complaint (5/23/16)
• Notice of Appeal (5/23/16)
• Memorandum and Order (5/25/16)
• Reply in Support of Plaintiffs' Amended Motion for Class Certification (6/07/16)
• Motion to Quash (and Declarations) (6/12/16)
• Order denying motion for stay and denying administrative stay (6/13/16)
• Response by Defendant re: Motion to Quash (06/13/16)
• Notice of Appeal (6/15/16)
• Defendant Nick Jordan's Supplement re: Class Certification (6/21/16)
• Response to Nick Jordan's Supplemental Submission (06/28/16)
• Exhibits 7-10 introduced at the 4/14/2016 Preliminary Injunction Hearing (7/1/16)
• Memorandum and Order denying Motions to Certify Class (7/29/16)
• Plaintiffs' Motion to Compel Production of Documents (8/1/16)
  • Exhibits
• Defendant Secretary of Revenue's Motion for Rule 37 Sanctions (8/3/16)
• Defendant Secretary of Revenue's Memorandum in Support of Motion for Sanctions (8/3/16)
  • Exhibits
• Order Granting Secretary of Revenue Jordan's Motion to Dismiss (8/29/16)
• Plaintiffs' Motion to Enforce Preliminary Injunction (9/23/16)
  • Memorandum in Support
  • Exhibits
• Order for Defendant Kobach to Show Cause (9/26/16)
• Order for Defendant Kobach to Produce Draft of Notice at Show Cause Hearing (9/28/16)
• Joint Status Report Detailing Interim Agreement (9/29/16)
• Joint Status Report Relating to September 29, 2016 Order (10/13/16)
• Memorandum and Order (10/14/16)
• Defendant Kobach's Response in Opposition to Plaintiffs' Motion to Compel Production of Documents (10/14/16)
• Plaintiffs' Reply Memorandum in Further Support of Motion to Compel (10/18/16)
• Order Denying Motion to Compel (10/20/16)
• Defendant's Motion to Modify the Scheduling Order and to Reopen Discovery (10/20/16)
  • Memorandum in Support (10/20/16)
• Order Setting Deadlines (10/20/16)
• Plaintiffs' Joint Response in Opposition to Defendant's Motion to Amend the Scheduling Order and Reopen Discovery (10/25/16)
• Defendants' Reply in Support of Motion to Reopen Discovery and Amend the Scheduling Order (10/27/16)
• Memorandum and Order Granting Motion to Reopen Discovery and Amend the Scheduling Order (10/28/16)
• Plaintiffs' Motion for Partial Summary Judgment (12/22/16)
  • Memorandum in Support
• Defendants' Motion in Opposition to Plaintiffs' Motion For Partial Summary Judgment (/27/17)
• Memorandum and Order Denying Plaintiffs' Motion for Partial Summary Judgment (5/4/17)
• Memorandum and Order Denying Motion to Review (5/10/17)
• Motion for Sanctions (5/22/17)
• Defendant's Response to Motion for Sanctions (6/6/17)
• Plaintiffs' Reply (6/20/17)
• Order Granting in Part and Denying in Part Motion for Sanctions (6/23/17)
• Motion for Reconsideration (6/29/17)
  • Memo in Support
• Plaintiffs' Response (6/30/17)
• Order Denying Motion for Reconsideration (7/5/17)
• Objections to Magistrate's Decision (7/5/17)
  • Memo in Support
• Plaintiffs' Response (7/11/17)
• Plaintiffs' Motion for Summary Judgment (7/14/17)
  • Memo in Support
• Defendant's Reply as to Objections to Magistrate's Decision (7/14/17)
• Order Denying Objections to Magistrate's Decision (7/25/17)
• Notice of Interlocutory Appeal (7/31/17)
• Defendant's Response to Plaintiffs' Second Motion to Exclude (2/5/18)
• Defendant's Response to Plaintiffs' Renewew Motion to Exclude (2/5/18)
• Plaintiffs' Response in Opposition to Defendant's Motion to Exclude Testimony (2/5/18)
• Defendant's Response to Plaintiffs' Motion to Exclude (2/5/18)
• Plaintiffs' Motion for Court to Take Judicial Notice (2/13/18)
• Plaintiffs' Motion to Exclude Testimony (2/13/18)
• Response to Plaintiffs' Motion to Strike Pretrial (2/16/18)
• Plaintiff's Reply In Support of Motion to Strike (2/18/18)
• Plaintiffs' Reply In Further Support of Motion to Exclude (2/20/18)
• Plaintiffs' Reply in Futher Support to Exclude (2/20/18)
• Plaintiffs' Reply in Further Support of Their Motion to Exclude (2/20/18)
• Plaintiffs' Objections to Defendant's Counter Deposition (2/20/18)
• Response to Defendant's Motion in Limine (2/20/18)
• Plaintiffs' Pretrial Proposed Findings and Conclusions (2/20/18)
• Kobach's Objections to Plaintiffs' Counter (2/20/18)
• Defendant's Response to Motion to Strike Deposition (2/20/18)
  • Exhibit
• Defendant's Response to Plaintiffs' Motion to Take Judicial Notice (2/21/18)
  • Exhibit C
• Memorandum and Order (2/27/18)
• Defendant's Reply to Plaintiffs' Response to Motion in Limine to Exclude References (2/28/18)
• Plaintiffs' Motion for Court to Take Judicial Notice of Adjudicative Facts (3/9/18)
  • Affidavit of Daphne Ha
  • Exhibit 1-12
• Order (3/14/18)
• Supplemental Response to Plaintiffs' Motion to Show Cause (3/22/18)
  • Exhibit A
• Notice of Filing of Affidavit (4/3/18)
  • Exhibit
• Memorandum and Order (4/18/18)
• Notice of Appeal (5/2/18)
• Plaintiffs' Response to Defendant's Motion for a Stay (5/21/18)
• Findings of Fact and Conclusions of Law (6/18/18)
• Judgment (6/19/18)
• Notice of Withdrawal of Appearance (6/28/18)
• Notice of Withdrawal of Appeal (7/2/18)
• Joint Status Report Regarding Compliance (7/6/18)
• Exhibit A
• Exhibit B
• Memorandum and Order Granting and Denying Motion for Fees (8/1/18)
• Notice of Appeal (8/31/18)
• Defendant's Motion to Enforce Protective Order (9/14/18)
• Defendant's Memorandum in Support of its Motion to Enforce Protective Order (9/14/18)
• Exhibit 1
• Exhibit 2
• Exhibit 3
• Exhibit 4
• Exhibit 5
• Motion for Clarification (9/28/18)
• Plaintiffs' Response to Motion to Enforce Protective Order and Memorandum (9/28/18)
• Affidavit of R. Orion Danjuma
• Exhibit A KCUR Letter
• Exhibit B Publica Letter
• Exhibit C Smith Declaration
• Exhibit D 9.10.18 Letter re Tape
• Exhibit E 3.23.16 Telephonic Conf
• Defendants' Reply in Support of Motion to Enforce Protective Order (10/12/18)
• Exhibit 1
• Defendants' Response to Plaintiffs Motion to Clarify or Modify Trial Order (10/12/18)
• Plaintiffs' Reply in Support of Motion for Clarification (10/16/18)
• Defendants' Application for the Issuance of a Simulataneous Stay (10/17/18)
• Memorandum and Order (10/25/18)

10th Circuit Court of Appeals Documents

• Appellant's Motion for Stay (5/28/16)
• Appellees' Response to Motion for Stay (6/8/16)
• Order Denying Motion for Stay (6/10/16)
• Appellant's Brief (7/1/16)
• Amicus Brief of English First Foundation et al (7/8/16)
• Appellees' Brief (7/21/16)
• Appellant's Reply Brief (7/28/16)
• Amicus Brief of Common Cause (7/28/16)
• Plaintiffs'-Appellees' Supplemental Authority (8/8/16)
• Appellant's Response to Plaintiffs' Letter (8/22/16)
• Oral Argument held 8/23/16
• Appellant Secretary of Revenue Jordan's Unopposed Motion to Hold Appeal in Abeyance (9/12/16)
• Notice of Supplemental Authority (9/26/16)
• Order and Judgment Affirming District Court (9/30/16) (full opinion forthcoming)
• Opinion Affirming District Court (10/20/16)
• Order Continuing Abatement (5/15/17)
• Emergency Motion for Stay (8/2/17)
• Order Denying Motion for Stay (8/2/17)
• Defendant's Motion for Summery Judgment (8/4/24)
• Defendant's Memorandum in Support for Summary Judgment (8/4/17)
• Order Granting Motion to Unseal Document (10/5/17)
• Order granting in part and denying in part Defendant's Motion for Summary Judgment (1/3/18)
• Plaintiff's Motion for Contempt (1/8/17)
• Resoonse to Motion for Contempt (1/22/17)
• Reply to Response to Motion for Contempt (1/24/17)
• Appeal Docketed (9/4/18)
• Joint Motion to Set Briefing Schedule (10/24/18)
• Order of Joint Motion to Set Briefing Granted (10/25/18)
• Stipulation to Dismiss (3/5/19)