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Missouri Unified County

Missouri

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Case Information

Filed 2023-01-06
Type Ap Writ Other
Docket 182 entries

Parties

Plaintiff Lucas, Quinton|Kelly, Tara M|Adegbile, Debo P.|Dulberg, Andrew S.|Rileyswanbeck, Britany|Panchenko, Ian|Layton, James Robert
Defendant Ashcroft, John R.|Korte, Leslieann Owen|Tillman, Robert Charles|Freedlund, Samuel Charles|Galloway, Nicole|Fitzpatrick, Scott

Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPT AND COPY ATTACHED TO THIS ENTRY ON THIS DATE.
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  4. Retn Serv-Reg/Cert Mail Suc SIGNED CERTFIED MAIL RETURN RECEIPTS AND COPIES ATTACHED TO THIS ENTRY ON THIS DATE.
  5. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPT AND COPY ATTACHED TO THIS DOCKET ENTRY DATED JUNE 24, 2024.
  6. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY DATED JUNE 21, 2024.
  7. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY FOR JUNE 18, 2024.
  8. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN-RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY DATED JUNE 12, 2024
  9. <td></td><td></td><td></td>
  10. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY ON THIS DATE.
  11. <td></td><td></td><td></td>
  12. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY ON THIS DATE.
  13. <td></td><td></td><td></td>
  14. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY.
  15. <td></td><td></td><td></td>
  16. Case Disp- Opin & Mandate Sent CERTIFIED COPY OF OPINION AND MANDATE SENT TO THE COUNTY CLERKS AND DIRECTORS OF THE BOARD OF ELECTIONS VIA CERTIFIED MAIL ON THIS DATE. OPINION RELEASE SHEET E-MAILED TO THOMSON REUTERS.
  17. Opinion Modified MODIFIED OPINION AVAILABLE TO COUNSEL OF RECORD VIA SECURE CASE.NET.
  18. Overruled CONTESTANT?S MOTION TO MODIFY OVERRULED. MOTION FOR INJUNCTIVE RELIEF AND FOR A FINDING OF CONTEMPT OVERRULED. CONTESTANT?S MOTION TO EXPEDITE OVERRULED. OPINION MODIFIED ON THE COURT?S OWN MOTION. NO. RULE 84.17 MOTIONS SHALL BE FILED IN THIS MATTER. Associated Entries: 05/15/2024 - Motion to Modify/Change Opin + Associated Entries: 05/31/2024 - Other Motion + Associated Entries: 05/31/2024 - Motion to Expedite +
  19. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: SAMUEL CHARLES FREEDLUND On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  20. <td></td><td></td><td></td>
  21. Suggestions in Reply Contestants Reply Suggestions in Support of Injunction and or contempt; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  22. <td></td><td></td><td></td>
  23. Suggestions in Opposition CONTESTEES SUGGESTIONS IN OPPOSITION TO CONTESTANTS MOTION FOR INJUNCTIVE RELIEF AND FOR A FINDING OF CONTEMPT; Electronic Filing Certificate of Service. Filed By: TODD ANTHONY SCOTT On Behalf Of: JOHN R. ASHCROFT
  24. Filing Auditor Response; Electronic Filing Certificate of Service. Filed By: LESLIEANN OWEN KORTE On Behalf Of: SCOTT FITZPATRICK
  25. Entry of Appearance Filed ENTRY OF APPEARANCE; Electronic Filing Certificate of Service. Filed By: LESLIEANN OWEN KORTE On Behalf Of: SCOTT FITZPATRICK
  26. <td></td><td></td><td></td>
  27. Court Order Issued ORDER ISSUED: COUNSEL FOR CONTESTEES REQUESTED TO FILE SUGGESTIONS IN OPPOSITION TO CONTESTANT'S MOTION FOR INJUNCTIVE RELIEF AND FOR A FINDING OF CONTEMPT ON OR BEFORE JUNE 1, 2024, 5:00 P.M. ANY REPLY TO ANY SUGGESTIONS IN OPPOSITION FILED IS DUE ON OR BEFORE JUNE 2, 2024, 5:00 P.M.
  28. Motion to Expedite Contestees Motion to Expedite; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 06/04/2024 - Overruled +
  29. Other Motion Contestees Motion to Enjoin or for Contempt; Exhibit 1; Exhibit 2; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 06/04/2024 - Overruled +
  30. <td></td><td></td><td></td>
  31. Motion to Modify/Change Opin Contestants Motion to Modify; Ex. 1 - Lucas MSJ; Ex. 2 - State Opp to MSJ; Ex. 3 - Board Opp to MSJ; Ex. 4 - Lucas SJ Reply; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 06/04/2024 - Overruled +
  32. <td></td><td></td><td></td>
  33. Dissenting Opinion Author of Opinion - Robin Ransom
  34. Opin-Concur in Prt/Dissent Prt Author of Opinion - Ginger K. Gooch
  35. Other Opinion NEW ELECTION ORDER. RUSSELL, C.J., POWELL AND BRONIEC, JJ., CONCUR; GOOCH, J., CONCURS IN PART AND DISSENTS IN PART IN SEPARATE OPINION FILED; FISCHER, J., CONCURS IN SEPARATE OPINION OF GOOCH, J.; AND RANSOM, J., DISSENTS IN SEPARATE OPINION FILED. MOTIONS FOR REHEARING MUST BE FILED WITHIN 15 DAYS FROM THIS DATE (RULE 84.17). THE PROVISIONS OF RULE 44.01(E) DO NOT APPLY TO EXTEND THE TIME FOR FILING MOTIONS FOR REHEARING.
  36. Signed Majority Opinion Author of Opinion - Paul C. Wilson
  37. <td></td><td></td><td></td>
  38. Filing Clerk Letter; Electronic Filing Certificate of Service. Filed By: TODD ANTHONY SCOTT On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  39. <td></td><td></td><td></td>
  40. Court Order Issued ORDER ISSUED: SUBMISSION OF SEPTEMBER 27, 2023, SET ASIDE. CAUSE ORDERED SUBMITTED ON BRIEFS ON THIS DATE. GOOCH, J., PARTICIPATING.
  41. <td></td><td></td><td></td>
  42. Sustained ORDER ISSUED: JEFF P. JOHNSON'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT SUSTAINED. Associated Entries: 11/28/2023 - Mot for Withdrawal of Counsel +
  43. Mot for Withdrawal of Counsel Jeff P. Johnson's Motion to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 11/28/2023 - Sustained +
  44. <td></td><td></td><td></td>
  45. Correspondence Received LETTER PURSUANT TO RULE 84.20 RECEIVED FROM ATTORNEYS FOR DEFENDANTS. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  46. <td></td><td></td><td></td>
  47. Case Submitted ARGUED AND SUBMITTED. Scheduled For: 09/27/2023; SUPREME COURT OF MISSOURI; 3; SUPREME COURT OF MISSOURI
  48. <td></td><td></td><td></td>
  49. Petitioner's Reply Brief Reply Brief of Contestant Quinton Lucas; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  50. <td></td><td></td><td></td>
  51. Respondent's Brief Contestees Brief; Contestees Appendix; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  52. <td></td><td></td><td></td>
  53. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JAMES ROBERT LAYTON On Behalf Of: QUINTON LUCAS
  54. <td></td><td></td><td></td>
  55. Petitioner's Brief Brief of Contestant Quinton Lucas; Contestants Appendix; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  56. <td></td><td></td><td></td>
  57. Case Docketed CAUSE DOCKETED FOR ORAL ARGUMENT ON SEPTEMBER 27, 2023, AT 9:00 A.M. PLEASE SEE ATTACHED DOCKET LETTER, DOCKET AND NOTICE TO COUNSEL. COUNSEL ARGUING BEFORE THE COURT MUST SIGN IN WITH THE DEPUTY CLERK IN THE COURTROOM NO LATER THAN 8:45 A.M.
  58. <td></td><td></td><td></td>
  59. Court Order Issued ORDER ISSUED: BRIEFING SCHEDULE IS AS FOLLOWS: PLAINTIFF'S BRIEF IS DUE ON OR BEFORE AUGUST 7, 2023; DEFENDANTS' BRIEFS ARE DUE ON OR BEFORE AUGUST 28, 2023; AND PLAINTIFF'S REPLY BRIEF, IF ANY, IS DUE ON OR BEFORE SEPTEMBER 8, 2023. ANY REQUESTS FOR EXTENSIONS OF TIME FOR THIS OR SUBSEQUENT FILINGS WILL NOT BE ENTERTAINED ABSENT EXTRAORDINARY CIRCUMSTANCES.
  60. Filing CONTINUING WITH EXHIBITS
  61. Filing COMMISSIONER'S REPORT; TRANSCRIPT; AND EXHIBITS.
  62. <td></td><td></td><td></td>
  63. Court Order Issued THE COURT CALLS THE MATTER FOR HEARING AS SCHEDULED. CONTESTANT APPEARS IN PERSON AND BY HIS ATTORNEYS ANDREW DULBERG, IVAN PANCHENKO, TARA KELLY AND BRITANY RILEY-SWANBECK, CONTESTEES APPEAR BY REPRESENTATIVES AS WELL AS ASSISTANT ATTORNEYS GENERAL JEFF JOHNSON AND TODD SCOTT. EVIDENCE ADDUCED AND RECORD CLOSED. THE COURT CONFIRMS EXHIBITS OFFERED AND ADMITTED INTO EVIDENCE WHICH IT WILL ATTACH TO THE RECORD OF HEARINGS WHICH SHALL CONSTITUTE ITS REPORT TO THE SUPREME COURT AS ORDERED.
  64. <td></td><td></td><td></td>
  65. Mot for Withdrawal of Counsel Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: JOSHUA DIVINE On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  66. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: TODD ANTHONY SCOTT On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  67. <td></td><td></td><td></td>
  68. Court Order Issued CAUSE CALLED AS SCHEDULED FOR PRE-HEARING CONFERENCE ON THE RECORD. CONTESTANT APPEARS BY HIS ATTORNEYS ANDREW DULBERG, IVAN PANCHENKO, TARA KELLY AND BRITANY RILEY-SWANBECK. CONTESTEES APPEAR BY ASSISTANT ATTORNEY GENERAL JEFF JOHNSON. THE COURT AND PARTIES DISCUSS TIMING MATTERS AND AGREED MATTERS SUCH AS JOINT EXHIBIT LIST, WITNESS LIST(S), AND FORM OF EXHIBITS TO BE PROVIDED TO COMMISSIONER FOR THE HEARING. THE PARTIES FILED MOTIONS IN LIMINE WITHIN THE WEEK OF THIS PRE-HEARING CONFERENCE WHICH RELATED TO EVIDENTIARY ITEMS RELEVANT TO THE FACTS AND POINTS RAISED IN THE PLAINTIFF'S VERIFIED AMENDED PETITION FOR ELECTION CONTEST AND THE DEFENDANTS' ANSWERS AND AFFIRMATIVE DEFENSES THERETO. ON THAT TASK, THE MOTIONS IN LIMINE WERE ARGUED ON THE RECORD WITH CONTESTANT'S MOTIONS IN LIMINE A, B, AND E DENIED, WHILE CONTESTANT'S MOTIONS IN LIMINE B AND C WERE SUSTAINED. CONTESTEE'S MOTION IN LIMINE I AND II WERE DENIED. FINAL HEARING TO CONVENE AT 9:00 A.M. ON JUNE 26, 2023.
  69. Filing Joint witness list; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS, JOHN R. ASHCROFT, SCOTT FITZPATRICK
  70. <td></td><td></td><td></td>
  71. Exhibits Filed Joint exhibit list; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS, JOHN R. ASHCROFT, SCOTT FITZPATRICK
  72. Suggestions in Opposition Contestees Opposition to Contestants Motions in limine; Johnson Aff.; Ex. C; Ex. D; Ex. A; Ex. B; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  73. Suggestions in Opposition Lucas Opposition to MILs; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  74. <td></td><td></td><td></td>
  75. Other Motion Contestees combined motions in limine; Ex. A; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  76. Other Motion Mr. Lucas Motions in Limine; Ex A - Brady to Auditor; Ex B - Beeler to Schmitt; Ex C - Peters to Schatz; Ex D - Dulberg to Auditor; Ex E - Osete to Dulberg; Ex F - Dullberg Osete email; Ex G - Harper to Dulberg; Ex H - Dulberg to Auditor; Ex I - Auditor RFA responses; Ex J - SOS RFA Responses; Ex K - Auditor Answer; Ex L - SOS Rog Answers; Ex M - Auditor Rog Answers; Ex N - Auditor RFP answers; Ex O - SOS RFP answers; Ex P - Contestees Exhibit List; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  77. <td></td><td></td><td></td>
  78. Notice Contestees Certificate of Service; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  79. <td></td><td></td><td></td>
  80. Court Order Issued COMMISSIONER WALKER'S AMENDED SCHEDULING ORDER ATTACHED TO THIS ENTRY. PREHEARING CONFERENCE IS NOW SCHEDULED FOR JUNE 21, 2023, AT 8:30 A.M. HEARING IS NOW SCHEDULED FOR JUNE 26, 2023, AT 9:00 A.M.
  81. Court Order Issued ORDER ISSUED: THE HONORABLE S. COTTON WALKER, COMMISSIONER'S REQUEST FOR LEAVE TO FILE REPORT WITH THE SUPREME COURT BY JULY 12, 2023, SUSTAINED.
  82. <td></td><td></td><td></td>
  83. Notice Notice of Deposition - Beeler; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  84. Court Order Issued CAUSE CALLED AS NOTICED FOR MOTION HEARING. CONTESTANT APPEARS BY HIS ATTORNEYS ANDREW DULBERG, IVAN PANCHENKO AND TARA KELLY. CONTESTEES APPEAR BY ASSISTANT ATTORNEY GENERAL JEFF JOHNSON. THE COURT FIRST HEARS CONTESTANT'S MOTION TO ENFORCE DISCOVERY. THE PARTIES CONFERRED AND AGREED TO RESOLUTION OF MOST POINTS. AFTER ARGUMENT THE COURT RULES IN FAVOR OF THE MOTION WITH THE REMAINING CONTESTED ISSUE AS TO THE NUMBER OF INTERROGATORIES POSED TO THE AUDITOR. AFTER CONSIDERATION OF ARGUMENTS, THE COURT FINDS THAT THE AUDITOR SHALL RESPOND TO ALL INTERROGATORIES NUMBERED 1 THROUGH 22. THE COURT THEN HEARS ARGUMENTS RELATED TO EXPERT DISCLOSURE AND TIMING OF REMAINING DISCOVERY NECESSARY IN LIGHT OF SAID DISCLOSURE. CONTESTEES OBJECTION TO THE EXPERT WITNESS DISCLOSURE AS POTENTIAL WITNESS FOR TRIAL IS CONSIDERED AND OVERRULED. IN LIGHT OF SAID RULING THE COURT FINDS THE REQUEST OF COUNSEL AND GOOD CAUSE SHOWN TO COMPLETE DISCOVERY INCLUDING EXPERT WITNESS DEPOSITIONS, THE HEARING OF MAY 4, 2023, SHALL BE RESET. COUNSEL TO CONFER WITH CLIENTS AND EACH OTHER TO NOTIFY THE COURT REGARDING AVAILABILITY FOR ALTERNATE DATE IN JUNE, 2023, FOR EVIDENCE HEARING. COMMISSIONER REQUESTS LEAVE TO MAKE HIS REPORT TO THE SUPREME COURT BY JULY 12, 2023. Associated Entries: 04/17/2023 - Motion to Compel + Associated Entries: 04/19/2023 - Suggestions in Opposition +
  85. Suggestions in Opposition Contestees Opposition to Motion to Enforce Discovery; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 04/19/2023 - Court Order Issued +
  86. <td></td><td></td><td></td>
  87. Court Order Issued CAUSE CALLED AS NOTICED FOR MOTION HEARING. CONTESTANT APPEARS BY HIS ATTORNEYS ANDREW DULBERG, IVAN PANCHENKO AND TARA KELLY. CONTESTEES APPEAR BY ASSISTANT ATTORNEY GENERAL JEFF JOHNSON. THE MOTION TO SHORTEN TIME FILED BY CONTESTEES FOR HEARING THE MOTION TO QUASH DISCOVERY AND FOR PROTECTIVE ORDER IS SUSTAINED ON THE RECORD WITHOUT OBJECTION. CONTESTEES' MOTION TO QUASH DISCOVERY AND FOR PROTECTIVE ORDER IS HEARD BY THE COURT WITH ARGUMENT FROM COUNSEL AS WELL AS REVIEW OF THE BRIEFING FILED BY THE PARTIES. THE COURT HEARD ARGUMENT SPECIFICALLY ADDRESSING THE RELEVANCE OF INFORMATION SOUGHT IN DISCOVERY AS WELL AS PRIVILEGE(S) ASSERTED BY CONTESTEES. IT IS HEREBY ORDERED AS FOLLOWS: THE MOTION TO QUASH IS SUSTAINED IN PART AND DENIED IN PART. TAKING THE NUMBERED "TOPICS" AS REFERENCED BY THE PARTIES AND CONTAINED IN THE DEPOSITION NOTICES, THE MOTION TO QUASH IS SUSTAINED AS TO TOPICS 4 AND 5 TO THE SECRETARY OF STATE (PRIVILEGE) AND TOPIC 5 (PRIVILEGE) AND 7 (REVELANCE) TO THE STATE AUDITOR. IN ALL OTHER RESPECTS THE MOTION TO QUASH DISCOVERY IS DENIED. THOUGH NOT NOTICED THE COURT ALSO HEARD SOME ARGUMENT ON THE CROSS-MOTION TO QUASH DISCOVERY FILED BY CONTESTANT AND THE COURT WOULD SUSTAIN THE MOTION AT LEAST TO TOPICS 3 (RELEVANCE, OVERBROAD, PRIVILEGE), AS WELL AS 6 AND 7 (REVELANCE) AS WELL. WHILE ACKNOWLEDGING THE STILL PENDING MOTION TO ENFORCE DISCOVERY FILED BY CONTESTANT YESTERDAY, THE COURT RESERVES TIME BY AGREEMENT OF THE PARTIES FOR TAKING UP OTHER DISCOVERY MOTIONS AS MAY BE NECESSARY AT 4:00 P.M. TOMORROW, APRIL 19, 2023, BUT THE PARTIES SHOULD USE THIS RULING AS A GUIDE TO RESOLVING REMAINING DISCOVERY DISPUTES WHERE POSSIBLE. SCW Associated Entries: 04/13/2023 - Other Motion + Associated Entries: 04/13/2023 - Motion to Shorten Time +
  88. <td></td><td></td><td></td>
  89. Notice Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  90. Motion to Compel Motion to Enforce Discovery; Ex A - Auditor Rog Responses; Ex B SOS Rog responses; Ex C Auditor RFP Responses; Ex D SOS RFP Responses; Electronic Filing Certificate of Service. Filed By: TARA M KELLY Associated Entries: 04/19/2023 - Court Order Issued +
  91. Sustained ORDER ISSUED: MOTION OF ATTORNEY IVAN PANCHENCKO FOR PRO HAC VICE STATUS SUSTAINED. ***THE ELECTRONIC FILING SYSTEM WILL NOT SERVE OF STATE COUNSEL. LOCAL COUNSEL IS RESPONSIBLE FOR NOTIFYING OUT OF STATE COUNSEL OF ALL FILINGS, ORDERS AND DEADLINGS.*** Associated Entries: 04/17/2023 - Motion for Pro Hac Vice +
  92. Sustained ORDER ISSUED: MOTION OF ATTORNEY BRITANY RILEY-SWANBECK FOR PRO HAC VICE STATUS SUSTAINED. ***THE ELECTRONIC FILING SYSTEM WILL NOT SERVE OUT OF STATE COUNSEL. LOCAL COUNSEL IS RESPONSIBLE FOR NOTIFYING OUT OF STATE COUNSEL OF ALL FILINGS, ORDERS AND DEADLINES.*** Associated Entries: 04/17/2023 - Motion for Pro Hac Vice +
  93. Motion for Pro Hac Vice PHV Motion -- Ivan Panchenko; Declaration; PHV Receipt; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 04/17/2023 - Sustained +
  94. Motion for Pro Hac Vice PHV Motion -- Britany Riley Swanbeck; Declaration; PHV Receipt; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 04/17/2023 - Sustained +
  95. Suggestions in Opposition Opposition to Motion to Quash; Exhibits; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  96. <td></td><td></td><td></td>
  97. Notice Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  98. Motion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON Associated Entries: 04/18/2023 - Court Order Issued +
  99. Notice Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  100. Other Motion Contestees Motion to Quash Discovery and For Protective Order and Suggestions in Support; Exhibit A Combined Deposition Notices; Exhibit B Contestants Interrogatories; Exhibit C Contestants Requests for Production; Exhibit D Correspondence; Exhibit E January 31, 2023 Order Quashing Discovery; Johnson Affidavit; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON Associated Entries: 04/18/2023 - Court Order Issued +
  101. <td></td><td></td><td></td>
  102. Notice Return for April 12 Subpoena Duces Tecum to Kansas City representative; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
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  104. Filing Certificate of Service; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
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  106. Notice Defendants Notice to Take Deposition of Susan Beeler; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  107. Notice Notice to Take Deposition of State Auditor Rep; Electronic Filing Certificate of Service. Filed By: TARA M KELLY
  108. Notice Notice to Take Deposition of Scott Clark; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  109. Notice Notice to Take Deposition of Representative of the Secretary of State; Electronic Filing Certificate of Service. Filed By: TARA M KELLY
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  111. Notice Notice of Video Recorded Deposition; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
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  113. Court Order Issued SCHEDULING ORDER
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  115. Notice Notice to Take Deposition of Defendant Scott Fitzpatrick, Missouri State Auditor, or Representative; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  116. Filing Certificate of Service of Discovery Requests; Electronic Filing Certificate of Service. Filed By: TARA M KELLY
  117. Notice Notice to Take Deposition of Defendant John R. Ashcroft, Missouri Secretary of State, or Representative; Electronic Filing Certificate of Service. Filed By: TARA M KELLY
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  119. Court Order Issued ORDER ISSUED: THE COMMISSIONER, HONORABLE S. COTTON WALKER, SHALL MAKE HIS REPORT TO THIS COURT ON OR BEFORE MONDAY, JUNE 12, 2023.
  120. Clerk Remark SCHEDULING CONFERENCE CONVENED BY THE COMMISSIONER. ATTORNEYS APPEARING INCLUDE IVAN PANCHENKO AND ANDREW DULBERG FOR THE PLAINTIFF AND DEPUTY SOLICITOR GENERAL JEFF JOHNSON FOR THE DEFENDANTS. AT THE REQUEST OF COUNSEL FOR EACH PARTY AND FOR GOOD CAUSE SHOWN, THE HEARING SCHEDULED FOR APRIL 11. 2023 IS RESET TO MAY 4, 2023. TO COMMENCE AT 9:00 A.M. WITH THE CHANGE IN THE HEARING DATE, COMMISSIONER REQUESTS LEAVE TO MAKE HIS REPORT TO THE SUPREME COURT BY JUNE 10, 2023.
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  122. Clerk Remark SCHEDULING CONFERENCE SET FOR 8:30 A.M. ON MARCH 15, 2023, WITH APPEARANCES VIA WEBEX [https://mocourts.webex.com/meet/judge.cotton.walker].
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  124. Notice Return of Subpoena for Kansas City; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  125. Notice Certificate of Service; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
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  127. Clerk Remark CAUSE SET FOR TESTIMONY AT HEARING ON APRIL 11, 2023, AT 1:30 P.M. COUNSEL SHALL CONFER AND SUBMIT A SCHEDULING ORDER TO INCLUDE DISCOVERY DEADLINES BY MARCH 14, 2023 WITH A WORD VERSION SUBMITTED TO THE COURT.
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  129. Court Order Issued ORDER ISSUED: PURSUANT TO SECTION 115.561, RSMo 2016, THE COURT HEREBY APPOINTS THE HONORABLE S. COTTON WALKER, JUDGE, 19TH JUDICIAL CIRCUIT, AS COMMISSIONER TO TAKE AND CERTIFY WITNESS TESTIMONY RELEVANT TO THE FACTS AND POINTS RAISED IN THE PLAINTIFF'S VERIFIED AMENDED PETITION FOR ELECTION CONTEST AND THE DEFENDANTS' ANSWERS AND AFFIRMATIVE DEFENSES THERETO. THE COMMISSIONER HAS THE AUTHORITY TO ADMINISTER OATHS, TAKE DEPOSITIONS, COMPEL THE ATTENDANCE OF WITNESSES BY SUMMONS AND ATTACHMENT, REQUIRE SUCH WITNESSES TO TESTIFY, AND COMPEL DISCOVERY IN ACCORDANCE WITH THIS COURT'S CIVIL RULES. THE COMMISSIONER SHALL MAKE HIS REPORT TO THE COURT ON OR BEFORE MAY 11, 2023.
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  131. Overruled ORDER ISSUED: DEFENDANTS' MOTION TO DISMISS THE PETITION FOR FAILING TO COMPLY WITH STATUTORY REQUIREMENTS AND LACK OF STANDING OVERRULED. Associated Entries: 01/24/2023 - Motion for Dismissal + Associated Entries: 02/01/2023 - Other Motion +
  132. <td></td><td></td><td></td>
  133. Filing Contestees Reply Supporting Their Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  134. <td></td><td></td><td></td>
  135. Sustained ORDER ISSUED: CONTESTEES' MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS SUSTAINED. Associated Entries: 02/03/2023 - Mot to File Reply Suggestions +
  136. <td></td><td></td><td></td>
  137. Mot to File Reply Suggestions Contestees Motion for leave to file reply in support of their motion to dismiss; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 02/06/2023 - Sustained +
  138. Sustained ORDER ISSUED: CONTESTEES' CONSENT MOTION TO SUBSTITUTE EXHIBITS SUSTAINED. Associated Entries: 02/03/2023 - Other Motion +
  139. Other Motion Contestees Consent Motion to Substitute Exhibits; Substitute Exhibit 2; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 02/03/2023 - Sustained +
  140. <td></td><td></td><td></td>
  141. Suggestions in Opposition Opposition to Motions to Dismiss; Ex A - Response to Uncontested Facts; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  142. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPT RECEIVED.
  143. <td></td><td></td><td></td>
  144. Filing Contestee Missouri Secretary of States Answer to Plaintiffs Petition for Election Contest; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT
  145. Filing Contestee Missouri State Auditors Answer to Plaintiffs Petition for Election Contest; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: SCOTT FITZPATRICK
  146. Suggestions Filed Contestees Suggestions in Support of Their Motion to Dismiss the Amended Petition for Failing to Comply with Statutory Requirements and for Lack of Standing; Affidavit of Jeff P. Johnson; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Electronic Filing Certificate of Service. EXHIBIT 2 STRICKEN PER MOTION TO SUBSTITUTE EXHIBITS AND ORDER SUSTAINING MOTION FILED ON FEBRUARY 3, 2023. SUBSTITUTE EXHIBIT 2 IS ATTACHED TO MOTION TO SUBSTITUTE EXHIBITS FILED ON FEBRUARY 3, 2023. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK
  147. Other Motion Contestees Motion to Dismiss the Amended Petition for Failing to Comply with Statutory Requirements and Lack of Standing; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON Associated Entries: 02/09/2023 - Overruled +
  148. <td></td><td></td><td></td>
  149. Overruled ORDER ISSUED: CONTESTEES' MOTION TO REQUIRE BOND UNDER 115.591, RSMo, OVERRULED. Associated Entries: 01/26/2023 - Other Motion +
  150. <td></td><td></td><td></td>
  151. Suggestions in Opposition Opposition to Motion for Bond; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  152. <td></td><td></td><td></td>
  153. Other Motion Contestees Motion to Require Bond Under 115.591, RSMo; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 01/31/2023 - Overruled +
  154. Pet for Review Filed - Appl Ct Verified Amended Petition for Election Contest; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS
  155. <td></td><td></td><td></td>
  156. Court Order Issued ORDER ISSUED: PLAINTIFF REQUESTED TO FILE A RESPONSE, IF ANY, TO DEFENDANTS' MOTION TO DISMISS ON OR BEFORE 5:00 P.M. ON FEBRUARY 2, 2023.
  157. Retn Serv-Reg/Cert Mail Suc SIGNED REGISTERED MAIL RETURN RECEIPT RECEIVED.
  158. <td></td><td></td><td></td>
  159. Motion for Dismissal Contestees Motion to Dismiss Petition for Failing to Comply with Statutory Requirements and Lack of Standing; Electronic Filing Certificate of Service. Contestees Suggestions in Support of their Motion to Dismiss for Failing to Comply with Statutory Requirements and for Lack of Standing; Exhibit 1, Exhibit 2, Exhibit 3, Exhibit 4, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8; Electronic Filing Certificate of Service. EXHIBIT 2 STRICKEN PER MOTION TO SUBSTITUTE EXHIBITS AND ORDER SUSTAINING MOTION FILED ON FEBRUARY 3, 2023. SUBSTITUTE EXHIBIT 2 IS ATTACHED TO THE MOTION FILED ON FEBRUARY 3, 2023. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, SCOTT FITZPATRICK Associated Entries: 02/09/2023 - Overruled +
  160. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED.
  161. <td></td><td></td><td></td>
  162. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED.
  163. <td></td><td></td><td></td>
  164. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED.
  165. <td></td><td></td><td></td>
  166. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JEFF P JOHNSON On Behalf Of: JOHN R. ASHCROFT, NICOLE GALLOWAY
  167. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JOSHUA DIVINE On Behalf Of: JOHN R. ASHCROFT, NICOLE GALLOWAY
  168. Marshal's Return MARSHAL'S RETURN FILED.
  169. Clerk Remark CERTIFIED COPY OF PETITION AND SUMMONS ISSUED, DELIVERED TO THE MARSHAL OF THIS COURT FOR SERVICE OF DEFENDANTS, MISSOURI SECRETARY OF STATE JOHN R. ASHCROFT AND MISSOURI STATE AUDITOR, NICOLE GALLOWAY.
  170. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPT RECEIVED.
  171. <td></td><td></td><td></td>
  172. Retn Serv-Reg/Cert Mail Suc SIGNED CERTIFIED MAIL RETURN RECEIPTS RECEIVED AND COPIES ATTACHED TO THIS DOCKET ENTRY.
  173. <td></td><td></td><td></td>
  174. Correspondence Sent CERTIFIED COPIES OF THE PETITION FOR ELECTION CONTEST FILED HEREIN SENT TO THE 2023 COUNTY CLERKS AND ELECTION AUTHORITIES VIA CERTIFIED MAIL ON THIS DATE.
  175. Sustained ORDER ISSUED: MOTIONS FOR PRO HAC VICE STATUS FOR DEBO P. ADEGBILE AND ANDREW S. DUHLBERG SUSTAINED AND PRO HAVE VICE STATUS IS GRANTED TO THOSE ATTORNEYS. ***THE ELECTRONIC FILING SYSTEM WILL NOT SERVE OUT OF STATE COUNSEL. LOCAL COUNSEL IS RESPONSIBLE FOR NOTIFYING OUT OF STATE COUNSEL OF ALL FILINGS, ORDERS AND DEADLINES.*** Associated Entries: 01/06/2023 - Motion for Pro Hac Vice + Associated Entries: 01/06/2023 - Motion for Pro Hac Vice +
  176. <td></td><td></td><td></td>
  177. Marshal's Return MARSHAL'S RETURN FILED.
  178. Clerk Remark CERTIFIED COPY OF PETITION AND SUMMONS ISSUED, DELIVERED TO THE DEPUTY MARSHAL OF THIS COURT FOR SERVICE OF DEFENDANTS, MISSOURI SECRETARY OF STATE JOHN R. ASHCROFT AND MISSOURI STATE AUDITOR, NICOLE GALLOWAY.
  179. Motion for Pro Hac Vice Pro Hac Vice Application of Andrew Dulberg; Receipt; Electronic Filing Certificate of Service. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS Associated Entries: 01/09/2023 - Sustained +
  180. Motion for Pro Hac Vice Pro Hac Vice Application of Debo Adegbile; Receipt; Electronic Filing Certificate of Service. Filed By: TARA M KELLY Associated Entries: 01/09/2023 - Sustained +
  181. Filing Info Sheet eFiling Filed By: TARA M KELLY
  182. Writ Filed in MO Supreme Court Petition for Election Contest. Filed By: TARA M KELLY On Behalf Of: QUINTON LUCAS

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