Defendants Reply And
Defendants requested an extension and subsequently filed a motion to dismiss on January 17, 2023.
USING STATEMENTS SUCH AS "MERE FRAUD DOES NOT RENDER THE ELECTION INVALID."
AND "GARDEN VARIETY IRREGULARITIES DOES NOT VIOLATE THE DUE PROCESS CLAUSE, EVEN IF IT CONTROLS THE OUTCOME OF THE ELECTION."
Objection to Magistrate Judge's Order to Strike
On March 29, 2023, we submitted a Judicial Notice. Then on April 5, 2023, the magistrate judge moved to strike the Judicial Notice. On April 11, 2023, we submitted our objection to the strike. There must be consent of all parties to proceed before a US magistrate judge in this case. She can only make recommendations without full consent.
The Magistrate Judge Submitted a Recommendation
and Findings On June 30, 2023
Magistrate Judge Stacie Beckerman concludes, “The Defendants argue that the Plaintiffs’ complaint should be dismissed for lack of jurisdiction,” because they cannot satisfy the injury in fact and redressability requirements. (Def.’ Mot. At 9.) The Court disagrees. The Court concludes that the Plaintiffs’ alleged discrimination and equal protection claims are sufficiently particularized and concrete to plead an injury in fact. Defendants separately argue that Plaintiffs’ claims for damages and injunctive relief do not satisfy the redressability requirement. (Defs.’ Mot. At 11-16.) The Court disagrees. Plaintiffs’ claims are based on the Defendants’ alleged discrimination, denial of equal protection, and conspiracy to violate their rights, and in part on Wong’s status as a minority candidate. Defendants’ mootness arguments fail adequately to address all of Plaintiffs’ allegations, including those pertaining to alleged discrimination of a minority candidate. In summary, Defendants have not carried their heavy burden of demonstrating that Plaintiffs’ claims for declaratory and injunctive relief are moot, and therefore the Court finds that those claims satisfy the redressability requirement. For these reasons, the Court concludes that Plaintiffs satisfy the redressability requirement, and Plaintiffs have Article III standing to bring their claims in federal court.”
THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS WAS CONFLICTING, RECOMMENDING TO DISMISS OUR CASE WITH PREJUDICE
PLAINTIFFS OBJECTED TO THE FINDINGS AND RECOMMENDATION ON JULY 14, 2023,