Last Updated: April 12, 2013 at 10:33 AM

Fitrakis v. Husted (state court)

Case Information

Date Filed: November 5, 2012
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Franklin County Common Pleas Court (Case 12 CV 013888)

Issue:

Whether Ohio's use of certain software for electronic voting machines violates plaintiff's rights under 42 U.S.C. 1983; whether Secretary of State Husted, as a public official, spent public funds without authorization.

Status:

Complaint and Motion for Temporary Restraining Order filed 11/5/12. Motion for TRO denied 11/6/12. Motion to Dismiss filed 11/27/12. ESS Motion to Dismiss granted 1/25/13.

 

Common Pleas Court Documents

• Complaint (filed 11/5/12)
• Motion for Temporary Restraining Order (filed 11/5/12)
• Fitrakis Affidavit (filed 11/5/12)
• James March Declaration (filed 11/5/12)
• Defendant Election Systems & Software's Notice of Memorandum in Opposition to TRO motion (filed 11/6/12)
• Defendant's Memorandum Opposing TRO Motion (filed 11/6/12)
• Order Denying Plaintiff's TRO Motion (filed 11/6/12)
• Notice of Federal Court's Decision (filed 11/6/12)
• Plaintiff's Notice of Filing of Duniho Affidavit (filed 11/9/12)
• Duniho Affidavit (filed 11/9/12)
• Plaintiff's Notice of Dismissal of Federal Action (filed 11/27/12)
• Notice of Dismissal of § 1983 Claim (filed 11/27/12)
• ESS' Motion to Dismiss Remaining Claim (filed 11/27/12)
• Secretary of State Husted's Motion to Dismiss (filed 12/4/12)
• Fitrakis' Memorandum Contra ESS' Motion to Dismiss (filed 12/11/12)
• ESS' Reply Memorandum Supporting Motion to Dismiss (filed 12/12/12)
• Memorandum in Opposition to Husted's Motion to Dismiss (filed 1/17/13)
• Second Affidavit of Robert Fitrakis (filed 1/17/13)
• ESS' Supplemental Reply Memorandum (filed 1/22/13)
• Decision Granting ESS' Motion to Dismiss (filed 1/25/13)
• Husted's Reply (filed 1/25/13)
• First Amended Complaint (filed 1/25/13)
• Plaintiff's Response to Husted's Memorandum (filed 1/31/13)
• Husted's Motion to Dismiss Amended Complaint (filed 2/8/13)
  • Supporting Exhibits (filed 2/8/13)
• Plaintiff's Memorandum Contra Husted's Motion to Dismiss Amended Complaint (filed 2/23/13)
• Husted's Motion for Extension of Time to File a Response (filed 2/28/13)
• Order Granting Motion for Extension of Time (filed 3/1/13)
• Order Finding December 4 Motion to Dismiss Moot (filed 3/8/13)
• Husted's Reply to Plaintiff's Memorandum Contra Husted's Motion to Dismiss (filed 3/8/13)
• Plaintiff's Motion for Surreply and/or Oral Argument (filed 3/12/13)
• Plaintiff's Surreply (filed 3/12/13)
• Entry Granting Leave to File Surreply (filed 4/5/13)
• Decision and Judgment Entry Granting Defendant's Motion to Dismiss (filed 4/10/13)