Last Updated: March 23, 2011 at 3:58 PM

McCain-Palin 2008 v. Cunningham

Case Information

Date Filed: November 3, 2008
State: Virginia
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00709)

Issue:

Whether the Uniform and Overseas Citizens Absentee Voting Rights Act requires the Viriginia Board of Elections to count late-arriving overseas military ballots.

Status:

Settlement Conference Held 12/7/10. Stipulated Consent Decree entered 12/10/10.  Consent Decree 12/14/10.

District Court Documents

• Complaint (filed 11/3/08)
  • Exhibits A, B, C, D, and E
  • Civil Cover Sheet
• MOTION for Temporary Restraining Order and Preliminary Injunction (filed 11/3/08)
• Memorandum in Support of MOTION for Temporary Restraining Order (filed 11/3/08)
  • Exhibits A, B, C, D, E, F, G, H and I
• Set Deadlines as to MOTION for Temporary Restraining Order: Motion Hearing set for 11/4/2008 at 01:30 PM before District Judge Richard L. Williams (entered 11/3/08)
• Minute entry (filed 11/4/08)
• Order (entered 11/4/08)
• ANSWER to Complaint with Affirmative Defenses (filed 11/6/08)
• MOTION to Dismiss (filed 11/6/08)
• Memorandum in Support regarding MOTION to Dismiss (filed 11/6/08)
• AMENDED COMPLAINT (filed 11/6/08)
• Memorandum in Opposition to MOTION to Dismiss (filed 11/7/08)
• MOTION to Intervene and Memorandum in Support by UNITED STATES OF AMERICA (filed 11/14/08)
  • Exhibit A, Exhibit B
  • Proposed Order
• Intervenor COMPLAINT, filed by UNITED STATES OF AMERICA (filed 11/14/08)
• MOTION for TRO and Preliminary Injunction by UNITED STATES OF AMERICA (filed 11/14/08)
• Memorandum in Support of MOTION for Preliminary Injunction (filed 11/14/08)
  • Exhibits
  • Proposed Order
• Memorandum in Opposition to MOTION to Dismiss, Supplemental (filed 11/14/08)
• NOTICE by McCain-Palin 2008, Inc. re Amended Complaint Withdrawal of Proposed Amended Complaint (filed 11/14/08)
• Supplementary Memorandum in Support of MOTION to Dismiss (filed 11/14/08)
• Response to MOTION to Intervene and Memorandum in Support (filed 11/14/08)
• Memorandum in Opposition to MOTION for Preliminary Injunction (filed 11/16/08)
• ANSWER to Intervenor Complaint (filed 11/16/08)
• MOTION to Dismiss Complaint in Intervention (filed 11/16/08)
• Memorandum in Support of MOTION to Dismiss Complaint in Intervention (filed 11/16/08)
• RESPONSE to Motion to Intervene and Memorandum in Support (filed 11/17/08)
• RESPONSE to Motion for Preliminary Injunction filed by the United States (filed 11/17/08)
  • Exhibits
• ORDER granting United States' unopposed Motion to Intervene; grants Motion to Dismiss plaintiff McCain-Palin and DENIES McCain-Palin's request to remain in suit as a permissive intervenor; denying Motion for Preliminary Injunction and temporary restraining order; the plaintiff U.S. shall have until 12/1/08 to respond to defts'motion to dismiss its complaint; defts shall have until 12/3/08 to reply to plaintiff's response; hearing on motion to dismiss is scheduled for 2:30 p.m. on 12/8/08 (entered 11/17/08)
• Hearing set on Motion to Dismiss Complaint in Intervention: Motion Hearing set for 12/8/2008 (entered 11/18/08)
• Consent MOTION to Amend/Correct Intervenor Complaint by UNITED STATES OF AMERICA (filed 11/26/08)
  • Exhibit - First Amended Complaint
  • Proposed Order
• ORDER granting United States' Consent Motion to Amend its Complaint and that the Motion to Dismiss, Memo in Support and Answer filed by defts Cunningham, Rodrigues and Pyon is deemed to have been filed by Virginia State Board of Elections and the Commonwealth of Virginia in response to Complaint in Intervention (entered 11/26/08)
• Memorandum in Opposition to Motion to Dismiss Complaint in Intervention (filed 12/1/08)
  • Exhibits
• Reply Memorandum in Support of Motion to Dismiss (filed 12/2/08)
• Minute Entry (filed 12/8/08)
• ORDER Denying Defendant's Motion to Dismiss (entered 12/9/08)
• Motion for Summary Judgment (filed 7/17/09)
• Memo in Support of Motion for Summary Judgment (filed 7/17/09)
• Consent Motion for Briefing Schedule (filed 7/21/09)
• Agreed Summary Judgment Briefing Schedule (entered 7/21/09)
• Cross Motion for Summary Judgment (filed 8/28/09)
• Memorandum in Opposition to Cross Motion (filed 9/1/09)
• Motion Hearing re: Motion for Summary Judgment and Cross Motion for Summary Judgment set for 10/05/09
• Order granting Plaintiff's motion for Summary Judgment and denying Defendant's motion (filed 10/15/09)
• Notice of Recertification of Election Results (filed 11/25/09)
  • Supplement to Notice of Recertification and Amended Totals (filed 11/25/09)
• Case Renamed United States v. Cunningham
• Notice by United States Regarding Future Relief (filed 1/4/10)
• Notice by United States Regarding Future Relief (filed 2/3/10)
• Notice by United States Regarding Future Relief (filed 3/31/10)
• MOTION Permanent Relief by UNITED STATES OF AMERICA (filed 5/11/10)
  • Proposed Order
• Memorandum in Opposition to Motion for Permanent Relief (filed 5/14/10)
  • Exhibits 1, 2, 3, 4
• United States of America's Reply to Memorandum in Opposition (filed 5/20/10)
• Order to Develop and File a Plan to Re-open Discovery to Create a Compliance Program (entered 9/13/10)
• United States' Discovery Plan (filed 10/4/10)
• TRANSCRIPT of ruling from the bench on 11/17/2008 (entered 10/27/10)
• Settlement Conference Held [Text Only] (12/7/10)
• Stipulated Consent Decree (filed 12/10/10)
• Consent Decree (entered 12/14/10)