Major Pending Cases

Election Law Litigation

McCain-Palin 2008 v. Cunningham

(page last updated November 23, 2009 at 1:34 PM)

Case Information

Current Court: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00709)
All Courts: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00709)
Topic(s): Voting Rights Act
State: Virginia
Date Filed: November 3, 2008

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:

Complaint and Motion for Temporary Restraining Order filed 11/3/08. Motion Denied 11/17/08. Answer and Motion to Dismiss filed on 11/6/08. Motion Denied 12/09/08. United States enters as party plaintiff 11/17/08. Order granting motion to dismiss plaintiff McCain-Palin and denying McCain-Palin's request to remain in suit as permissive intervenor entered 11/17/08. Order denying defendant's motion to dismiss entered 12/9/08.

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 Dismis, 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

Related Links

Moritz College of Law
November 23, 2009

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