Last Updated: September 10, 2010 at 1:40 PM

Hollander v. McCain

Case Information

Date Filed / Ended: March 14, 2008 / July 25, 2008
State: New Hampshire
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Court for the District of New Hampshire (Case 1:08-cv-00099)

Issue:

Whether Senator John McCain is a "natural born citizen" and eligible to be the President of the United States under the provisions of Article I, Section 2, of the U.S. Constitution.

Status:

Complaint filed on 3/14/08. Motion to Dismiss filed on 4/30/08. Hearing on Motion to Dismiss is set for 7/24/08.  Motion to Dismiss granted on 7/24 and Judgment for defendant entered on 7/25.

District Court Documents

• Complaint (filed 3/14/08)
• Assented to MOTION to Extend Time to Answer (filed 3/28/08)
• ENDORSED ORDER granting Motion to Extend Time to Answer (entered 3/28/08)
• AMENDED COMPLAINT (Corrected) (filed 4/3/08)
  • Amended Complaint (filed 4/2/08)
• MOTION to Quash Plaintiff's Third-Party Subpoena filed by United States Citizenship and Immigration Service (filed 4/11//08)
  • Exhibit A - Declaration of Simon Nader
  • Attachment to Exhibit Subpoena
  • Memorandum of Law
• MOTION to Dismiss First Amended Complaint (filed 4/30/08)
  • Memorandum of Law in Support
• OBJECTION to MOTION to Quash Plaintiff's Third-Party Subpoena (filed 5/7/08)
• ENDORSED ORDER Motion to Quash. Text of Order: This motion is taken under advisement until after the disposition of the defendant's motion to dismiss, if necessary. (entered 5/12/08)
• OBJECTION to MOTION to Dismiss First Amended Complaint (filed 5/19/08)
• REPLY to Objection to Motion re MOTION to Dismiss First Amended Complaint (filed 6/5/08)
• MOTION for Leave to File Surreply to Reply to Objection to Motion to Dismiss (filed 6/10/08)
• ENDORSED ORDER granting Motion for Leave to File Surreply to Reply to Objection to Motion to Dismiss.. Text of Order: Granted under Local Rule 7.1(b) as the defendants have not objected to the motion (despite declining to assent). Pursuant to Local Rule 7.1(e)(3), the surreply is limited to 5 double-spaced pages. Further, the clerk is directed to schedule a hearing on the motion to dismiss. (entered 7/2/08)
• NOTICE re: MOTION to Dismiss First Amended Complaint Motion Hearing set for 7/17/2008 02:00 PM before Judge Joseph N. Laplante (entered 7/3/08)
• Partially Assented to MOTION to Continue Hearing on Motion to Dismiss First Amended Complaint Until July 25, 2008 filed by John McCain, Republican National Committee (filed 7/3/08)
• OBJECTION to Partially Assented to MOTION to Continue Hearing on Motion to Dismiss First Amended Complaint Until July 25, 2008 served on 7/7/08 filed by Fred Hollander (filed 7/7/08)
• ENDORSED ORDER granting in part and denying in part Motion to Continue Motion Hearing. Text of Order: Granted in part. Despite the plaintiff's objection, Attorney Douglas' personal presence at the hearing is required under Local Rule 83.2. Because of the temporal concerns raised by the plaintiff, the parties shall work with the Deputy Clerk to reschedule the hearing on the earliest date available to counsel of record and the plaintiff, including, if possible, dates before July 25, 2008 (entered 7/8/08)
• NOTICE re: MOTION to Dismiss First Amended Complaint Motion Hearing reset for 7/23/2008 02:00 PM (from 7/17/08) before Judge Joseph N. Laplante (entered 7/8/08)
• RESCHEDULING NOTICE of Motion Hearing re: MOTION to Dismiss First Amended Complaint Motion Hearing reset for 7/24/2008 02:00 PM (from 7/23/08) before Judge Joseph N. Laplante (entered 7/8/08)
• SURREPLY to Reply to Objection to MOTION to Dismiss First Amended Complaint (filed 7/21/08)
  • Certificate of Birth (filed 7/21/08)
• ORDER granting Motion to Dismiss (entered 7/24/08)
• ENDORSED ORDER denying as moot MOTION to Quash Plaintiff's Third-Party Subpoena (filed 7/24/08)
• Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 7/24/2008 regarding MOTION to Dismiss First Amended Complaint (filed 7/24/08)
• JUDGMENT is hereby entered in accordance with Order on Motion to Dismiss (entered 7/25/08)