Della Rocca v. Lee et al
| Maryland District Court | |
| Judge: | Deborah L Boardman |
| Case #: | 8:24-cv-02442 |
| Nature of Suit | 441 Civil Rights - Voting |
| Cause | 42:1981cv Civil Rights |
| Case Filed: | Aug 22, 2024 |
| Terminated: | Oct 25, 2024 |
| Last checked: Sunday Oct 06, 2024 4:55 AM EDT |
|
Defendant
Louis DeJoy
|
|
|
Defendant
Susan C. Lee
|
|
|
Defendant
Michael G. Summers
|
|
|
Plaintiff
Brian R. Della Rocca
9801 Washingtonian Blvd #710
Gaithersburg, MD 20878 |
Represented By
|
| Docket last updated: 11/04/2024 11:59 PM EST |
| Friday, October 25, 2024 | ||
| 45 | 45
1
pgs
order
Order Dismissing Case
Mon 10/28 8:34 AM
ORDER DISMISSING CASE without prejudice. Signed by Judge Deborah L. Boardman on 10/25/2024. (bg3s, Deputy Clerk) |
|
| 44 | 44
minutes
Motion Hearing
Fri 10/25 11:31 AM
Preliminary Injunction Hearing held on 10/25/2024 before Judge Deborah L. Boardman. (Court Reporter: Renee Ewing) (mtds, Deputy Clerk) |
|
| Thursday, October 24, 2024 | ||
| 43 | 43
respm
Reply to Response to Motion
Thu 10/24 11:34 AM
REPLY to Response to Motion re27 MOTION for Preliminary Injunction and proposed order filed by Brian R. Della Rocca.(Della Rocca, Brian) |
|
| Wednesday, October 23, 2024 | ||
| 42 | 42
respm
Response in Opposition to Motion
Wed 10/23 4:48 PM
RESPONSE in Opposition re27 MOTION for Preliminary Injunction and proposed order jointly filed by Susan C. Lee, Michael G. Summers.(Kobrin, Daniel) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Text of Proposed Order Proposed Order
|
||
| 41 | 41
notice
Notice of Appearance
Wed 10/23 1:39 PM
NOTICE of Appearance by Kelly M Marzullo on behalf of Louis DeJoy (Marzullo, Kelly) |
|
| 39 | 39
notice
Notice of Appearance
Wed 10/23 1:12 PM
NOTICE of Appearance by Brian Ralph Della Rocca on behalf of Brian R. Della Rocca (Della Rocca, Brian) |
|
| 38 | 38
respm
Response in Opposition to Motion
Wed 10/23 9:35 AM
RESPONSE in Opposition re26 MOTION to Expedite briefing schedule on plaintiff's motionfor preliminary injunction filed by Louis DeJoy.(Marzullo, Kelly) |
|
|
Att: 1
Text of Proposed Order
|
||
|
order
Order
Wed 10/23 1:16 PM
PAPERLESS ORDER: The Court has received38 defendant DeJoy's opposition to26 the plaintiff's motion to expedite, which has been granted as to defendants Lee and Summers only. The Court will rule on26 as to DeJoy at the hearing on Friday, October 25, 2024. DeJoy does not need to file his opposition to27 the plaintiff's motion for a preliminary injunction before the hearing. Della Rocca may file a reply to38 by noon on Thursday, October 24, 2024. Signed by Judge Deborah L. Boardman on 10/23/2024. (rs10, Chambers) |
||
| Monday, October 21, 2024 | ||
| 37 | 37
corresp
Miscellaneous
Mon 10/21 10:08 AM
Correspondence to Plaintiff re: Local Rule 101.2 (c/m p 10/21/2024 bg3s, Deputy Clerk) |
|
| Friday, October 18, 2024 | ||
| 35 | 35
notice
Notice (Other)
Fri 10/18 11:22 AM
NOTICE by Brian R. Della Rocca re33 MOTION to Withdraw as Attorney Glen Allen Proposed order (Allen, Glen) |
|
|
notice
QC Notice - Miscellaneous
Fri 10/18 9:18 AM
QC NOTICE:33 Motion to Withdraw as Attorney filed by Brian R. Della Rocca was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 33 . (bg3s, Deputy Clerk) |
||
|
order
Order
Fri 10/18 5:24 PM
PAPERLESS ORDER granting33 plaintiff's counsel's motion to withdraw as attorney. Signed by Judge Deborah L. Boardman on 10/18/2024. (lmys, Chambers) |
||
| Thursday, October 17, 2024 | ||
| 33 | 33
motion
Withdraw as Attorney
Thu 10/17 8:24 PM
MOTION to Withdraw as Attorney Glen Allen by Brian R. Della Rocca(Allen, Glen) |
|
| 32 | 32
notice
Notice of Appearance
Thu 10/17 4:33 PM
NOTICE of Appearance by Josaphine Babcox Yuzuik on behalf of Susan C. Lee (Yuzuik, Josaphine) |
|
| 31 | 31
2
pgs
order
Order
Thu 10/17 12:00 PM
RETURN DOCUMENT ORDER. Signed by Judge Deborah L. Boardman on 10/17/2024.(bg3s, Deputy Clerk) |
|
|
Att: 1
First Page of Returned Document
|
||
| 29 | 29
notice
Notice of Appearance
Thu 10/17 9:08 AM
NOTICE of Appearance by Daniel Michael Kobrin on behalf of Michael G. Summers (Kobrin, Daniel) |
|
|
order
Order on Motion to Expedite
Thu 10/17 9:47 AM
PAPERLESS ORDER granting26 Motion to Expedite only as to defendants Lee and Summers, who have received notice of the motion for preliminary injunction. Lee's and Summer's briefs in response to the motion for preliminary injunction are due Wednesday, October 23, 2024, at 6 p.m., and Della Rocca's reply is due by noon on Thursday, October 24, 2024. A hearing is scheduled for Friday, October 25, 2024, at 10 a.m. Della Rocca shall ensure that Lee and Summers have immediate notice of this order. Signed by Judge Deborah L. Boardman on 10/17/2024. (lmys, Chambers) |
||
| Wednesday, October 16, 2024 | ||
| 28 | 28
notice
Notice (Other)
Wed 10/16 9:31 PM
NOTICE by Brian R. Della Rocca re27 MOTION for Preliminary Injunction and proposed order Memorandum in Support (Allen, Glen) |
|
| 27 | 27
motion
Preliminary Injunction
Wed 10/16 9:27 PM
MOTION for Preliminary Injunction and proposed order by Brian R. Della Rocca(Allen, Glen) |
|
|
Att: 1
Text of Proposed Order
|
||
| 26 | 26
motion
Expedite
Wed 10/16 9:12 PM
MOTION to Expedite briefing schedule on plaintiff's motionfor preliminary injunction by Brian R. Della Rocca.(Allen, Glen) |
|
|
Att: 1
Text of Proposed Order
|
||
| 25 | 25
notice
Notice (Other)
Wed 10/16 8:57 PM
NOTICE by Brian R. Della Rocca Withdrawal of ECF 20 affidavits of service and substitution of amended affidavits (Allen, Glen) |
|
| Friday, October 11, 2024 | ||
| 23 | 23
2
pgs
motion
Expedite
Fri 10/11 9:29 AM
MOTION to Expedite by Brian R. Della Rocca(Allen, Glen) |
|
|
Att: 1
2 pgs
Text of Proposed Order Proposed Order Expedited Briefing Schedule
|
||
| 22 | 22
2
pgs
motion
Preliminary Injunction
Fri 10/11 9:25 AM
MOTION for Preliminary Injunction by Brian R. Della Rocca(Allen, Glen) |
|
|
Att: 1
9 pgs
Memorandum in Support Memoin Support Motion for Preliminary Injunction,
|
||
|
Att: 2
2 pgs
Text of Proposed Order Proposed Order,
|
||
|
Att: 3
6 pgs
Exhibit Exhibit A to Della Rocca Declaration (Included in Memo in Support),
|
||
|
Att: 4
2 pgs
Exhibit Exhibit B to Della Rocca Declaration
|
||
|
utility
Case Assigned/Reassigned
Fri 10/11 11:47 AM
Case Reassigned to Judge Deborah L. Boardman. Magistrate Judge Charles D. Austin no longer assigned to the case. (kns, Deputy Clerk) |
||
|
order
Order on Motion to Expedite
Fri 10/11 4:29 PM
PAPERLESS ORDER: On August 22, 2024, Brian Della Rocca filed suit against Louis DeJoy, U.S. Postmaster General, Susan Lee, the Maryland Secretary of State, and Michael Summers, the Chairman of the Maryland State Board of Elections, alleging Maryland's mail-in voting process violates his right to vote and his due process rights. ECF1 . Della Rocca served DeJoy on September 24 and served Lee and Summers on October 2; Della Rocca served all defendants by certified mail, return receipt requested. ECF20 &21 . Counsel for the defendants have not entered an appearance, and the defendants' answers to the complaint are not yet due. On October 11 -- more than seven weeks after he initiated this litigation -- Della Rocca filed a motion for a preliminary injunction, ECF22 , asking the Court to enjoin the State of Maryland from allowing the U.S. Postal Service to deliver mail-in votes in the November 5, 2024 election. He also filed a motion to expedite the briefing on the preliminary injunction motion, ECF23 . Della Rocca asks the Court to order the defendants to respond to the preliminary injunction motion by October 18. The defendants do not have notice of the preliminary injunction motion. Della Rocca's counsel states that the motion, supporting memorandum, proposed order, and declaration "have been given to a process server for service on Defendants in accordance with the affidavits of service reflecting the initial service of Plaintiffs complaint." ECF 22-1, at 9. ECF23 , Motion to Expedite, is denied without prejudice. Della Rocca may renew the motion after, and upon showing that, the defendants have received the preliminary injunction motion. Signed by Judge Deborah L. Boardman on 10/11/2024. (lmys, Chambers) |
||
| Wednesday, October 09, 2024 | ||
| 21 | 21
service
Summons Returned Executed as to USA
Wed 10/09 12:19 PM
SUMMONS Returned Executed Louis DeJoy served on 9/24/2024, answer due 11/25/2024.(bg3s, Deputy Clerk) |
|
| 20 | 20
service
Summons Returned Executed
Wed 10/09 12:08 PM
SUMMONS Returned Executed Susan C. Lee served on 10/2/2024, answer due 10/23/2024; Michael G. Summers served on 10/2/2024, answer due 10/23/2024.(bg3s, Deputy Clerk) |
|
| Monday, September 16, 2024 | ||
| 19 | 19
service
Summons Issued as to USA
Mon 09/16 10:31 AM
Summons Issued 60 days as to Louis DeJoy, U.S. Attorney and U.S. Attorney General (hmls, Deputy Clerk) |
|
|
Att: 1
Summons USAG,
|
||
|
Att: 2
Summons USA
|
||
| Friday, September 13, 2024 | ||
| 18 | 18
38
pgs
misc
Supplement
Fri 09/13 3:32 PM
Supplement to1 Complaint, filed by Brian R. Della Rocca Ex. B to Complaint (Compressed) (Allen, Glen) |
|
| 17 | 17
notice
Notice (Other)
Fri 09/13 12:31 PM
NOTICE by Brian R. Della Rocca re1 Complaint, Summons to Louis DeJoy (c/o US Attorney for MD) (Allen, Glen) |
|
| Thursday, September 12, 2024 | ||
| 15 | 15
notice
Notice (Other)
Thu 09/12 10:06 AM
NOTICE by Brian R. Della Rocca re1 Complaint, Summons for Louis DeJoy - US AG (Allen, Glen) |
|
| 14 | 14
notice
Notice (Other)
Thu 09/12 10:04 AM
NOTICE by Brian R. Della Rocca re1 Complaint, Summons for Louis DeJoy (Allen, Glen) |
|
|
notice
QC Notice - Miscellaneous
Thu 09/12 10:52 AM
QC NOTICE:14 Notice (Other) filed by Brian R. Della Rocca was filed incorrectly. **Pursuant to the QC Notices issued at ECFs 9 and 13, summons for the U.S. ATTORNEY must be provided. Please file summons for the U.S. ATTORNEY using the event Notice(other) and link to 1 . (ols, Deputy Clerk) |
||
| Wednesday, September 11, 2024 | ||
| 12 | 12
notice
Notice (Other)
Wed 09/11 9:49 AM
-FILED IN ERROR- NOTICE by Brian R. Della Rocca re1 Complaint, (Allen, Glen) Modified on 9/11/2024 (ols, Deputy Clerk) |
|
|
notice
QC Notice - Miscellaneous
Wed 09/11 9:58 AM
QC NOTICE:12 Notice (Other) filed by Brian R. Della Rocca was filed incorrectly. **Summons for Defendant Louis DeJoy have been previously filed at ECF 8 . Pursuant to the QC Notice issued at ECF 9, summons for the U.S. Attorney and U.S. Attorney General must be filed. Please file using Notice{other) and link to 1 complaint. Please call the Clerk's Office with any questions on filing. It has been noted as FILED IN ERROR, and the document link has been disabled. (ols, Deputy Clerk) |
||
| Wednesday, September 04, 2024 | ||
| 10 | 10
service
Summons Issued
Wed 09/04 10:09 AM
Summons Issued 21 days as to Susan C. Lee, Michael G. Summers. (ols, Deputy Clerk) |
|
| 8 | 8
notice
Notice (Other)
Wed 09/04 9:33 AM
NOTICE by Brian R. Della Rocca re1 Complaint, (Allen, Glen) |
|
| 7 | 7
notice
Notice (Other)
Wed 09/04 9:32 AM
NOTICE by Brian R. Della Rocca re1 Complaint, (Allen, Glen) |
|
| 6 | 6
notice
Notice (Other)
Wed 09/04 9:31 AM
NOTICE by Brian R. Della Rocca re1 Complaint, (Allen, Glen) |
|
| 5 | 5
notice
Notice (Other)
Wed 09/04 9:30 AM
NOTICE by Brian R. Della Rocca re1 Complaint, (Allen, Glen) |
|
|
notice
QC Notice - Miscellaneous
Wed 09/04 10:09 AM
QC NOTICE:8 Notice (Other) filed by Brian R. Della Rocca was filed incorrectly. **The following attachments or exhibits are missing - Summons for U.S. Attorney and U.S. Attorney General. To correct this problem, file Summons using the event Notice (Other) and link Summons to 1 . (ols, Deputy Clerk) |
||
| Friday, August 23, 2024 | ||
| 4 | 4
order
25 Pct Mag - Magistrate Judge Direct Assignment Order
Fri 08/23 12:46 PM
Magistrate Judge Direct Assignment Order. Signed by Magistrate Judge Charles D. Austin on 8/23/2024. (av4s, Deputy Clerk) |
|
| 3 | 3 NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Charles D. Austin. Brian R. Della Rocca or counsel for Brian R. Della Rocca are required to review and comply with the Magistrate Judge Direct Assignment Procedures which can be downloaded[LINK:here] . Pursuant to Standing Order 2019-07, which can be downloaded[LINK:here] , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded[LINK:here] . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 9/6/2024. (av4s, Deputy Clerk) | |
| 2 | 2 QC NOTICE:1 Complaint, filed by Brian R. Della Rocca was filed incorrectly. **The following attachments are missing - Proposed Summons and Civil Cover Sheet. Both forms can be found under the "Forms" tab at mdd.uscourts.gov. Once completed, file Proposed Summons and Civil Cover Sheet using the event Notice (Other) and link Proposed Summons and Civil Cover Sheet to 1 Complaint. (av4s, Deputy Clerk) | |
|
utility
Case Assigned/Reassigned
Fri 08/23 12:00 PM
Case Reassigned to Magistrate Judge Charles D. Austin. Magistrate Judge A. David Copperthite no longer assigned to the case. (jf3s, Deputy Clerk) |
||
| Thursday, August 22, 2024 | ||
| 1 | 1
COMPLAINT against Susan C Lee, Michael G Summers, LOUIS DEJOY ( Filing fee $ 405 receipt number AMDDC-11445469.), filed by Brian R. Della Rocca.(Allen, Glen)
|
|
|
Att: 1
29 pgs
Exhibit Exhibit A to Complaint,
|
||
|
Att: 2
3 pgs
Exhibit Exhibit C to Complaint,
|
||
|
Att: 3
3 pgs
Exhibit Exhibit D to Complaint,
|
||
|
Att: 4
6 pgs
Exhibit Exhibit E to complaint
|
||