Case: American Association of People With Disabilities v. Harris

3:01-cv-01275 | U.S. District Court for the Middle District of Florida

Filed Date: Nov. 8, 2001

Clearinghouse coding complete

Case Summary

On November 8, 2001, three Florida citizens who are each either manually or visually impaired and registered to vote in Duval County, along with the American Association of People With Disabilities, filed a lawsuit in the District Court for the Middle District of Florida, Jacksonville division against the Secretary of State for the State of Florida, the Supervisor of Elections in Duval County and the Members of the Jacksonville, Florida City Council, asserting three claims: a Florida constituti…

On November 8, 2001, three Florida citizens who are each either manually or visually impaired and registered to vote in Duval County, along with the American Association of People With Disabilities, filed a lawsuit in the District Court for the Middle District of Florida, Jacksonville division against the Secretary of State for the State of Florida, the Supervisor of Elections in Duval County and the Members of the Jacksonville, Florida City Council, asserting three claims: a Florida constitutional claim based on the right to a "direct and secret" vote under Art. VI, § 1, Fla. Const. (2001), an Americans with Disabilities Act (ADA) claim under 42 U.S.C. § 12101 et seq., and a Rehabilitation Act (RA) claim under 29 U.S.C. § 701 et seq. The plaintiffs, represented by private counsel, as well as the Washington Lawyers' Committee for Civil Rights and Urban Affairs, asked the court to invalidate Florida's third party assistance statue, § 101.051.

The defendants moved to dismiss the action for failure to state a claim for relief, citing mainly the Sixth Circuit's holding in Nelson v. Miller. On October 16, 2002, the district court, (Judge Ralph W. Nimmons, Jr.) dismissed the plaintiffs' state constitutional claims, finding that the "direct and secret" language was satisfied by the Florida third party assistance statute. The district court also dismissed plaintiffs' ADA and RA claims, but permitted plaintiffs to replead, noting that the amended complaint must clearly allege the factual bases for plaintiffs' "reliance upon the more generic proscription [of the ADA] in contradistinction to the acts' more specific proscriptions. Additionally all claims against the members of the Jacksonville city council were dismissed with prejudice.

On November 5, 2002, plaintiffs filed an amended complaint against the Secretary of State for Florida, the Director of the Division of Elections, and the Supervisor of Elections for Duval County. The defendants moved to dismiss the amended complaint, as another attack on Florida's third party assistance statute, already declared valid by the dismissal of the first complaint, or alternatively for summary judgment. Plaintiffs also moved for summary judgment. On August 19, 2003, the district court (Judge Wayne E. Alley) allowed the amended complaint to proceed under two ADA regulations, 28 C.F.R. §§ 35.151(b) & 35.160, and a claim of "generic discrimination," and denied both parties motions for summary judgment.

A bench trial was held from September 23, 2003 to October 1, 2003. On March 26, 2004, the District Court (Judge Wayne E. Alley) issued a declaratory judgment and an injunction against the County's Supervisor of Elections. The court bypassed the questions of whether the Florida election law, as amended, passed ADA and Rehabilitation Act muster but found that the Supervisor of Elections had failed to satisfy the requirements of a regulation promulgated under the ADA, 28 C.F.R. § 35.151(b). The court held that the purchase of optical scan voting equipment was an "alteration" to an existing "facility" that failed to make voting in Duval County "readily accessible to visually and manually impaired voters" to the "maximum extent feasible." Based on this violation, the court enjoined the Supervisor of Elections to provide, by April 12, 2004, at least one handicapped-accessible voting machine at twenty percent of the polling places in Duval County and to install, by May 14, 2004, an unspecified number of touch screen voting machines with audio capacity, as certified by the Department of State.

On March 31, 2004, the Supervisor of Elections appealed the Order and Judgment, asserting that the case was moot because HAVA Title III superseded the ADA and the Rehabilitation Act. Defendant additionally moved for a stay of the injunctive relief. The stay was granted on April 16, 2004, and was in effect until August 15, 2007.

While the Supervisor of Elections' appeal was pending, the following events took place. The Director of the Division of Elections certified the touch screen system manufactured by Diebold Election Systems, Inc. for use in Florida. The Florida legislature appropriated $11,600,000 to the counties to comply with HAVA, Title III, and Florida law on voting accessibility. The appropriation triggered the deadline for at least one Title III-compliant voting machine to be available in each precinct by July 1, 2005. In April 2005, the City of Jacksonville enacted an ordinance appropriating a $1,187,543.79 grant from the state to purchase at least one accessible voting machine for each precinct. On July 29, 2005, the City and Diebold entered into a purchase agreement for Diebold's touch screen machines.

Given this information, on August 8, 2005, the Appellate Court for the Eleventh Circuit, while retaining jurisdiction over the appeal, remanded the case to the district court to answer two questions of fact: (1) whether the City had a contract to provide Duval County with enough accessible voting machines to place one machine in each voting precinct, and (2) if such a contract existed, whether the voting machines would be in place and ready for use by the next election. The district court held an evidentiary hearing and answered both questions in the affirmative. Based on this, the Appellate Court for the Eleventh Circuit held that the case was moot and, on August 17, 2007, entered an order dismissing it.

On September 18, 2007, the district court, acting on its own initiative, entered a final judgment against the Supervisor of Elections in conformance with the its March 26, 2004 declaratory judgment and injunction. On October 4, 2007, the Supervisor of Elections moved the district court to vacate this judgment and to dismiss the case with prejudice. On December 3, 2007, the district court entered an order denying the motion. The next day, the Supervisor of Elections appealed the district court's judgment and order. On May 11, 2010 Judges Gerald B. Tjoflat, Edward E. Carnes, and Joseph M. Hood held in favor of the Supervisor of Elections and ordered the district court to vacate their judgment and dismiss the case with prejudice.

Summary Authors

Caitlin Howitt (7/18/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4652764/parties/american-assoc-v-smith/


Judge(s)

Adams, Henry Lee Jr. (Florida)

Alley, Wayne Edward (Oklahoma)

Carnes, Edward Earl (Alabama)

Edmondson, James Larry (Georgia)

Hood, Joseph Martin (Kentucky)

Kravitch, Phyllis A. (Georgia)

Nimmons, Ralph Wilson Jr. (Florida)

Snyder, Howard T. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Baldridge, J. Douglas (District of Columbia)

Judge(s)

Adams, Henry Lee Jr. (Florida)

Alley, Wayne Edward (Oklahoma)

Carnes, Edward Earl (Alabama)

Edmondson, James Larry (Georgia)

Hood, Joseph Martin (Kentucky)

Kravitch, Phyllis A. (Georgia)

Nimmons, Ralph Wilson Jr. (Florida)

Snyder, Howard T. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Baldridge, J. Douglas (District of Columbia)

Bruskin, Robert M. (District of Columbia)

Caldwell, Rodney K. (Texas)

Dimitroff, Sashe D. (Texas)

Foley, Danielle R. (District of Columbia)

Ganzfried, Jerrold J. (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Gardner [inactive], Elaine (District of Columbia)

Howie, Brian A. (District of Columbia)

Keeling, Kevin A. (Texas)

Khassian, Heather M. (Texas)

Lawrence, Gregory A. (Florida)

Oddo, Danielle R. (Maryland)

Ripley, Richard A. (District of Columbia)

Rothman, Ari N (District of Columbia)

Sigler, R. William (District of Columbia)

Taylor, Courtney O. (District of Columbia)

Thomas, M. Scott (Florida)

Verrocchio, Vincent E. (District of Columbia)

Williams, Lois G. (District of Columbia)

Wiseman, Alan M. (District of Columbia)

Attorneys(s) for Defendant

Arpen, Tracey Irwin Jr. (Florida)

Butterworth, Robert A. (Florida)

Christ, Charles J. Jr. (Florida)

Doran, Richard Edward (Florida)

Finkel, Charles Alan (Florida)

Makar, Scott D (Florida)

Mullaney, Richard A. (Florida)

Teal, Jason R. (Florida)

Other Attorney(s)

Blanck, Peter (New York)

Hill, Eve L. (District of Columbia)

Robertson, Amy Farr (Colorado)

Samberg-Champion, Sasha M. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Expert/Monitor/Master

Crist, Charles J. Jr. (Florida)

Mueller, Ernst Dieter (Florida)

Documents in the Clearinghouse

Document

Appellate Docket

American Association of People With Disabilities v. Hood

U. S. Court of Appeals for the Eleventh Circuit

April 24, 2008 Docket

Appellate Docket

U. S. Court of Appeals for the Eleventh Circuit

Aug. 13, 2010 Docket

Docket (PACER)

March 23, 2011 Docket
1

Complaint

Nov. 8, 2001 Complaint
6

Motion to Dismiss and Memorandum of Law

Dec. 21, 2001 Pleading / Motion / Brief
5

Motion to Dismiss of Defendants Harris and Roberts

Dec. 26, 2001 Pleading / Motion / Brief
8

Opposition to the Motion to Dismiss of Defendants Harris and Roberts

Jan. 18, 2002 Pleading / Motion / Brief
9

Opposition to the Motion to Dismiss of Defendants Stafford and City Council

Jan. 18, 2002 Pleading / Motion / Brief
53

Motion to Dismiss Amended Complaint, or, Alternatively, for Summary Judgment and Memorandum of Law

American Association of People With Disabilities v. Smith

May 21, 2002 Pleading / Motion / Brief
42

Order Granting in Part the Motions to Dismiss

American Association of People With Disabilities v. Smith

227 F.Supp.2d 1276

Oct. 16, 2002 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4652764/american-assoc-v-smith/

Last updated May 20, 2022, 2:07 a.m.

ECF Number Description Date Link
285

ORDER answering questions of fact pursuant to Remand from the Eleventh Circuit.Signed by Judge Henry Lee Adams Jr. on 8/23/2005. (MO)

Aug. 23, 2005 RECAP
1

COMPLAINT for injunctive and declaratory relief and demand for jury trial filed (lrb) (Entered: 11/09/2001)

Nov. 8, 2001

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Timothy J. Corrigan (lrb) (Entered: 11/09/2001)

Nov. 8, 2001

SUMMONS(ES) issued for Katherine Harris, L. Clayton Roberts, John Stafford, Warren Alvarez, Elaine Brown, Matt Carlucci, Doyle D. Carter, Gwen Chandler−Thompson, Lad Daniels, Reggie Fullwood, Alberta Hipps, Jerry Holland, King Holzendorf, Suzanne Jenkins, Pat Lockett−Felder, Jim Overton, Lake Ray III, Faye Rustin, Lynette Self, Ginger Soud, Mary A. Southwell, Gwen Yates . Consent(s) issued. (lrb) (Entered: 11/13/2001)

Nov. 13, 2001
2

CONSENTED MOTION with memorandum of law by John Stafford, Warren Alvarez, Elaine Brown, Matt Carlucci, Doyle D. Carter, Gwen Chandler−Thompson, Lad Daniels, Reggie Fullwood, Alberta Hipps, Jerry Holland, King Holzendorf, Suzanne Jenkins, Pat Lockett−Felder, Jim Overton, Lake Ray III, Faye Rustin, Lynette Self, Ginger Soud, Mary A. Southwell, Gwen Yates extend time to answer or otherwise plead (CONSENTED) referred to Magistrate Judge Timothy J. Corrigan (lpp) (Entered: 12/05/2001)

Dec. 5, 2001
3

ORDER granting [2−1] consent motion for extension of time to respond to complaint , resetting answer due for 12/24/01 for Gwen Yates, Mary A. Southwell, Ginger Soud, Lynette Self, Faye Rustin, Lake Ray III, Jim Overton, Pat Lockett−Felder, Suzanne Jenkins, King Holzendorf, Jerry Holland, Alberta Hipps, Reggie Fullwood, Lad Daniels, Gwen Chandler−Thompson, Doyle D. Carter, Matt Carlucci, Elaine Brown, Warren Alvarez, John Stafford, L. Clayton Roberts, Katherine Harris any required response by plaintiffs due 1/18/02 ( Signed by Magistrate Judge Timothy J. Corrigan ) ctc (lrb) (Entered: 12/06/2001)

Dec. 6, 2001
4

ORDER scheduling preliminary pretrial conference and directing answers to standard interrogatories. Response to standard interrogatories due 1/17/02; pretrial conference set for 10:00 on 2/1/02; Scheduled for Magistrate Judge Timothy J. Corrigan ( Signed by Deputy Clerk ) ctc (lrb) (Entered: 01/17/2002)

Dec. 14, 2001
6

MOTION by John Stafford, Warren Alvarez, Elaine Brown, et al. with memorandum in support to dismiss action (ddj) (Entered: 12/26/2001)

Dec. 21, 2001
5

MOTION by Katherine Harris, L. Clayton Roberts to dismiss Plaintiff's Complaint (ddj) (Entered: 12/26/2001)

Dec. 26, 2001
7

ANSWERS to standard interrogatories filed by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen (lrb) (Entered: 01/17/2002)

Jan. 17, 2002
8

RESPONSE by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen in opposition to [5−1] motion to dismiss Plaintiff's Complaint (lrb) (Entered: 01/18/2002)

Jan. 18, 2002
9

RESPONSE by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen in opposition to [6−1] motion to dismiss action (lrb) (Entered: 01/18/2002)

Jan. 18, 2002
11

CASE MANAGEMENT REPORT (lrb) (Entered: 01/22/2002)

Jan. 18, 2002
12

RESPONSE to standard interrogatories filed by John Stafford, Warren Alvarez, Elaine Brown, et al. (ddj) Modified on 02/21/2002 (Entered: 01/24/2002)

Jan. 23, 2002
13

RESPONSE to standard interrogatories filed by Katherine Harris, L. Clayton Roberts (ddj) (Entered: 01/29/2002)

Jan. 29, 2002
14

PRELIMINARY PRETRIAL CONFERENCE held on 2/1/02 before Magistrate Judge Timothy J. Corrigan Court Reporter: Richetta Brown (ddj) (Entered: 02/04/2002)

Feb. 1, 2002
15

ORDER: plaintiff's deadline for filing a motion for class certification is 2/15/02 and defendant's response deadline to same is 3/22/02 ( Signed by Magistrate Judge Timothy J. Corrigan ) ctc (ddj) (Entered: 02/04/2002)

Feb. 1, 2002
16

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 8/6/02 ; Discovery cutoff 12/6/02 ; dispositive motion filing deadline for 1/17/03; Pretrial conference for 9:45 4/4/03 ; Jury trial set for term commencing 5/5/03; (Stricken and not disseminated by order #17) Scheduled for Judge Ralph W. Nimmons Jr. ( signed by Judge Ralph W. Nimmons Jr. ) ctc (ddj) Modified on 02/06/2002 (Entered: 02/05/2002)

Feb. 5, 2002
17

ORDER striking [16−1] Scheduling order and said order shall not be disseminated ( Signed by Judge Ralph W. Nimmons Jr. ) (ddj) (Entered: 02/06/2002)

Feb. 6, 2002
18

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to certify class action (ddj) (Entered: 02/15/2002)

Feb. 15, 2002
19

MEMORANDUM by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen in support of [18−1] motion to certify class action (ddj) (Entered: 02/15/2002)

Feb. 15, 2002
20

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen for leave to file reply brief to defendants' opposition to plaintiff's motion for class certification (ddj) (Entered: 02/15/2002)

Feb. 15, 2002
21

NOTICE OF HEARING: Motion hearing set for 2:30 on 2/28/02 for [5−1] motion to dismiss Plaintiff's Complaint; set for 2:30 2/28/02 for [6−1] motion to dismiss action; Scheduled for Judge Ralph W. Nimmons Jr. ( Signed by Deputy Clerk ) ctc (def) (Entered: 02/19/2002)

Feb. 19, 2002
22

MOTION HEARING held on 2/28/02 re: [5−1] motion to dismiss Plaintiff's Complaint, [6−1] motion to dismiss action before Judge Ralph W. Nimmons Jr., order to enter, Court Reporter: Marie Splane (ddj) Modified on 04/17/2002 (Entered: 02/28/2002)

Feb. 28, 2002
23

RESPONSE by John Stafford, Warren Alvarez, Elaine Brown, et al. in opposition to [20−1] motion for leave to file reply brief to defendants' opposition to plaintiff's motion for class certification (ddj) (Entered: 03/05/2002)

March 5, 2002
24

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 6/4/02; Discovery cutoff 10/2/02; dispositive motion filing deadline for 12/2/02; Pretrial conference for 10:30 1/30/03; Bench trial set for term commencing 3/3/03; Scheduled for Judge Ralph W. Nimmons Jr. ( signed by Judge Ralph W. Nimmons Jr. ) ctc (ddj) (Entered: 03/06/2002)

March 6, 2002
25

ORDER directing answers to standard interrogatories. Response to standard interrogatories due 3/18/02 ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ddj) (Entered: 03/06/2002)

March 6, 2002

ENDORSED ORDER denying as premature [20−1] motion for leave to file reply brief to defendants' opposition to plaintiff's motion for class certification ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ddj) (Entered: 03/07/2002)

March 7, 2002
27

TRANSCRIPT of hearing on motion to dismiss complaint held on 2/28/02 before Judge Ralph W. Nimmons, Jr. Transcript filed separately. (ddj) (Entered: 03/11/2002)

March 11, 2002
28

ORDER vacating [25−1] order ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (ddj) (Entered: 03/12/2002)

March 12, 2002
29

MEMORANDUM by John Stafford, Warren Alvarez, Elaine Brown, et al. in opposition to [18−1] motion to certify class action (sms) (Entered: 03/22/2002)

March 22, 2002
30

RESPONSE AND MEMORANDUM by Katherine Harris, L. Clayton Roberts in opposition to [18−1] motion to certify class action (ddj) (Entered: 03/25/2002)

March 25, 2002
31

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, et al. for leave to file reply to defendants' opposition to plaintiffs' motion for class certification (ddj) Modified on 04/09/2002 (Entered: 04/08/2002)

April 8, 2002
32

RESPONSE by John Stafford and members of the City Council in opposition to [31−1] motion for leave to file reply to defendants' opposition to plaintiffs' motion for class certification (slc) (Entered: 04/12/2002)

April 12, 2002
33

CONSENTED TO MOTION by John Stafford, Warren Alvarez, Elaine Brown, Matt Carlucci, Doyle D. Carter, Gwen Chandler−Thompson, Lad Daniels, Reggie Fullwood, Alberta Hipps, Jerry Holland, King Holzendorf, Suzanne Jenkins, Pat Lockett−Felder, Jim Overton, Lake Ray III, Faye Rustin, Lynette Self, Ginger Soud, Mary A. Southwell, Gwen Yates with memorandum in support for extension of time to respond to plaintiffs' discovery (consented) referred to Magistrate Judge Timothy J. Corrigan (Titled: Consented to Motion for Extension of Time to Respond to Complaint) (spw) (Entered: 07/30/2002)

July 30, 2002
34

ORDER granting [33−1] consent motion for extension of time to respond to complaint, which the Court construes as an unopposed motion for extension of time to respond to plaintiffs' discovery; all defendants shall respond to plaintiffs' discovery requests by 8/23/02; other deadlines in the Scheduling Order (#24) remain in effect ( Signed by Magistrate Judge Timothy J. Corrigan ) ctc (spw) (Entered: 08/01/2002)

Aug. 1, 2002
35

SUGGESTION to substitute names of defendants by Katherine Harris, L. Clayton Roberts (jec) (Entered: 08/20/2002)

Aug. 19, 2002
36

ORDER granting [35−1] suggestion to substitute names of defendants and Jim Smith is substituted as party defendant in place of Katherine Harris; and Edward C. Kast is substituted as party defendant L. Clayton Roberts. The clerk is directed to amend the docket and all parties' future submissions shall conform thereto. (Signed by Judge Ralph W. Nimmons Jr. ) ctc (jec) (Entered: 08/22/2002)

Aug. 21, 2002
37

ORDER granting [31−1] motion for leave to file reply to defendants' opposition to plaintiffs' motion for class certification, and the clerk is directed to file the plaintiffs' reply memorandum. ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (jec) (Entered: 08/22/2002)

Aug. 21, 2002
38

REPLY MEMORANDUM by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to response to [18−1] motion to certify class action (jec) (Entered: 08/22/2002)

Aug. 21, 2002
39

CONSENTED TO MOTION by John Stafford, Warren Alvarez, Elaine Brown, et al., with memorandum in support for extension of time to conclude discovery (consented) referred to Magistrate Judge Timothy J. Corrigan (spw) (Entered: 09/10/2002)

Sept. 10, 2002
40

ORDER granting [39−1] consent motion for extension of time to conclude discovery to the extent the discovery deadline is extended; resetting discovery due for 11/22/02 , all other deadlines in the Scheduling Order (#24) remain in full force and effect ( Signed by Magistrate Judge Timothy J. Corrigan ) ctc (spw) (Entered: 09/12/2002)

Sept. 12, 2002

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Howard T. Snyder (spw) (Entered: 09/23/2002)

Sept. 23, 2002
42

ORDER granting in part [5−1] motion to dismiss Plaintiff's Complaint such that Counts 1 &3 are dismissed with prejudice to the extent plaintiffs assert they have been denied the benefits of a program of direct and secret voting that does not permit the type of assistance provided for in Section 101.051, Count 2 is dismissed with prejudice, and Count 3 is dismissed with leave to amend; granting in part [6−1] motion to dismiss action such that all counts are dismissed with prejudice as to defendants Alvarez, Brown, Carlucci, Carter, Chandler−Thompson, Daniels, Fullwood, Hipps, Holland, Holzendorf, Jenkins, Lockett−Felder, Overton, Ray, Rustin, Self, Soud, Southwell, and Yates, Counts 1 &3 are dismissed with prejudice as to defendant Stafford to the extent plaintiffs assert they have been denied the benefits of a program of direct and secret voting that does not permit the type of assistance provided for in Section 101.051, and Count 2 is dismissed with prejudice; setting amended complaint deadline at 11/5/02 for Beth Bowen, Kent Bell, Daniel W. O'Connor, and American Assoc. as described in the Order (Signed by Judge Ralph W. Nimmons Jr.) ctc (spw) Modified on 10/17/2002 (Entered: 10/16/2002)

Oct. 16, 2002
43

CONSENTED TO MOTION by John Stafford to continue trial date (consent) , and to amend [24−1] Case Management and Scheduling order (consent) (spw) (Entered: 10/24/2002)

Oct. 24, 2002
44

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to compel production of documents , for designation of 30(B)(6) witnesses , and for sanctions referred to Magistrate Judge Howard T. Snyder (spw) (Entered: 10/25/2002)

Oct. 25, 2002
45

MEMORANDUM by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen in support of [44−1] motion to compel production of documents, [44−2] motion for designation of 30(B)(6) witnesses, [44−3] motion for sanctions (spw) (Entered: 10/25/2002)

Oct. 25, 2002
46

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen with memorandum in support for reconsideration of [42−1] order (spw) (Entered: 10/29/2002)

Oct. 29, 2002
47

AMENDED COMPLAINT for injunctive and declaratory relief, by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen, amending [1−1] complaint (Answer due 11/20/02 for Edward C. Kast, for Jim Smith, for John Stafford ) (spw) (Entered: 11/05/2002)

Nov. 5, 2002
48

AMENDED ORDER amending [24−1] order; granting [43−1] consent motion to continue trial date; granting [43−2] consent motion to amend [24−1] Case Management and Scheduling order; resetting scheduling order deadlines: Discovery cutoff 4/3/03; Deadline for filing dispositive motions 6/2/03; Pretrial conference set for 10:30 on 8/8/03; Pretrial statement due by 8/5/03; Bench trial set for term of 9/2 − 9/26/03; scheduled for Judge Ralph W. Nimmons Jr. ; trial briefs and proposed findings due 5 days prior to the commencement of the trial term with 2 copies to chambers (Signed by Judge Ralph W. Nimmons Jr.) ctc (spw) (Entered: 11/05/2002)

Nov. 5, 2002
49

RESPONSE by Jim Smith, Edward C. Kast to [44−1] motion to compel production of documents, [44−2] motion for designation of 30(B)(6) witnesses, [44−3] motion for sanctions (shs) (Entered: 11/06/2002)

Nov. 6, 2002
50

RESPONSE by Jim Smith, Edward C. Kast to [46−1] motion for reconsideration of [42−1] order (mgg) (Entered: 11/12/2002)

Nov. 12, 2002
51

RESPONSE by John Stafford, Warren Alvarez, Elaine Brown, Matt Carlucci, Doyle D. Carter, Gwen Chandler−Thompson, Lad Daniels, Reggie Fullwood, Alberta Hipps, Jerry Holland, King Holzendorf, Suzanne Jenkins, Pat Lockett−Felder, Jim Overton, Lake Ray III, Faye Rustin, Lynette Self, Ginger Soud, Mary A. Southwell, Gwen Yates in opposition to [46−1] motion for

Nov. 12, 2002
53

MOTION by John Stafford with memorandum in support to dismiss amended complaint , or, alternatively, for summary judgment (spw) (Entered: 11/21/2002)

Nov. 21, 2002
54

SUMMARY JUDGMENT NOTICE: response to motion set to 12/5/02 for [53−2] motion for summary judgment by defendant (Signed by Deputy Clerk ) ctc (spw) (Entered: 11/21/2002)

Nov. 21, 2002
55

MOTION by Jim Smith, Edward C. Kast with memorandum in support to dismiss 2nd amended complaint , or in the alternative motion for for summary judgment (spw) (Entered: 11/27/2002)

Nov. 26, 2002
56

SUMMARY JUDGMENT NOTICE: response to motion set to 12/11/02 for [55−2] motion for summary judgment by defendants (Signed by Deputy) ctc (spw) (Entered: 11/27/2002)

Nov. 27, 2002
57

NOTICE of filing exhibit by Jim Smith, Edward C. Kast re: [55−1] motion to dismiss 2nd amended complaint (exhibit, Innovations in Election Administration, filed separately) (spw) (Entered: 12/03/2002)

Dec. 3, 2002
58

CONSOLIDATED OPPOSITION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to [55−1] motion to dismiss 2nd amended complaint, [55−2] motion for summary judgment, [53−1] to dismiss amended complaint, [53−2] motion for summary judgment (shs) (Entered: 12/05/2002)

Dec. 5, 2002
59

SUPPLEMENTAL RULE 56(F) OPPOSITION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to [53−1] motion to dismiss amended complaint, [53−2] motion for summary judgment (shs) (Entered: 12/05/2002)

Dec. 5, 2002
60

REQUEST for oral argument by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [55−1] motion to dismiss 2nd amended complaint, [55−2] motion for summary judgment, [53−1] motion to dismiss amended complaint, [53−2] motion for summary judgment (shs) (Entered: 12/05/2002)

Dec. 5, 2002
61

SUPPLEMENTAL RULE 56(F) OPPOSITION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen to [55−1] motion to dismiss 2nd amended complaint, [55−2] motion for summary judgment (mgg) (Entered: 12/11/2002)

Dec. 11, 2002
62

NOTICE of correction of plaintiff's supplemental rule 56(F) opposition to defendant Stafford's motion to dismiss amended complaint or alternatively for summary judgement by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen (mgg) Modified on 12/12/2002 (Entered: 12/11/2002)

Dec. 11, 2002
63

RESPONSE by John Stafford in opposition to [59−1] motion response (shs) (Entered: 12/23/2002)

Dec. 23, 2002
64

RESPONSE by Jim Smith, Edward C. Kast to response to [55−1] motion to dismiss 2nd amended complaint, [55−2] motion for summary judgment (Titled: Defendants Smith and Kast's Response to Plaintiffs' Motion under Rule 56(f)) (spw) (Entered: 01/02/2003)

Jan. 2, 2003
65

SUGGESTION to substitute names of defendants, by Ken Detzner, replacing Jim Smith (spw) (Entered: 01/21/2003)

Jan. 21, 2003

ENDORSED ORDER granting [65−1] suggestion to substitute names of defendants. ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (jec) (Entered: 01/24/2003)

Jan. 24, 2003
66

NOTICE OF HEARING: Motion hearing set for 10:30 2/25/03 for [44−1] motion to compel production of documents, [44−2] motion for designation of 30(B)(6) witnesses, [44−3] motion for sanctions Scheduled for Magistrate Judge Howard T. Snyder ( Signed by Deputy Clerk ) ctc (mgg) (Entered: 02/07/2003)

Feb. 7, 2003
68

NOTICE of withdrawal of plaintiffs' motion to compel production of documents, designation of 30(b)(6) witnesses, and for sanctions, by American Assoc., Daniel W. O'Connor, Kent Bell, et al. (spw) (Entered: 02/21/2003)

Feb. 21, 2003

WITHDRAWAL of/terminating [44−1] motion to compel production of documents, terminating [44−2] motion for designation of 30(B)(6) witnesses, terminating [44−3] motion for sanctions (spw) (Entered: 02/21/2003)

Feb. 21, 2003
69

DEPOSITION of John Lawton Stafford, Jr. by American Assoc., et al., re: [58−1] response in opposition; Transcript filed separately. (mgg) (Entered: 02/25/2003)

Feb. 25, 2003
70

NOTICE of substitution of counsel by American Assoc. (substituting Ari N. Rothman for Courtney O. Taylor) (spw) (Entered: 03/04/2003)

March 4, 2003
71

SUGGESTION to substitute names of defendants, by Ken Detzner (spw) (Entered: 03/24/2003)

March 24, 2003

ENDORSED ORDER granting [71−1] suggestion to substitute names of defendants ( Signed by Judge Ralph W. Nimmons Jr. ) ctc (spw) (Entered: 03/28/2003)

March 28, 2003
72

NOTICE of filing of deposition transcripts in further support of plaintiffs' opposition to defendant Stafford's motion to dismiss amended complaint or alternatively for summary judgment and plaintiffs' opposition to defendants Smith and Kast's motion to dismiss amended complaint or alternatively for summary judgment, by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen (spw) (Entered: 04/03/2003)

April 3, 2003
73

VIDEO DEPOSITION of Edward Kast by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [59−1] motion response, [61−1] opposition response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
74

VIDEO DEPOSITION of Hal Lench by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
75

VIDEO DEPOSITION of L. Clayton Roberts by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
76

DEPOSITION of American Association of People with Disabilities, by and through its designated representative, James Dickson, by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
77

DEPOSITION of Daniel William O'Connor by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
78

DEPOSITION of Harriet Elizabeth Bishop Bowen by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
79

DEPOSITION of Kenton Ray Bell by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
80

DEPOSITION of Julie Shaw by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
81

VIDEOTAPED DEPOSITION of Cathy Cox by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
83

VIDEOTAPED DEPOSITION of Honorable Katherine Harris by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
84

VIDEOTAPED DEPOSITION of Larry Crow by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
85

VIDEOTAPED DEPOSITION of Kurt Browning by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/03/2003)

April 3, 2003
86

CONSENTED−TO MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen for leave to file supplemental memorandum in support of plaintiffs' motion for reconsideration (consented−to) (proposed supplemental memo received) (spw) (Entered: 04/07/2003)

April 7, 2003
87

NOTICE by John Stafford regarding [86−1] consent motion for leave to file supplemental memorandum in support of plaintiffs' motion for reconsideration (spw) (Entered: 04/08/2003)

April 8, 2003
88

NOTICE of filing of deposition transcripts in further support of plaintiffs' opposition to defendant Stafford's motion to dismiss amended complaint or alternatively for summary judgment, and plaintiffs' opposition to defendants Smith and Kast's motion to dismiss amended complaint or alternatively for summary judgment, by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen (spw) (Entered: 04/10/2003)

April 10, 2003
89

VIDEOTAPED DEPOSITION of Cheryl L. Brown by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/10/2003)

April 10, 2003
90

DEPOSITION of Jacquelyn H. Gibbs by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) Modified on 04/14/2003 (Entered: 04/10/2003)

April 10, 2003
91

DEPOSITION of Preston H. Haskell by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/10/2003)

April 10, 2003
92

DEPOSITION of Jason Teal by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/10/2003)

April 10, 2003
93

DEPOSITION of Beverly B. Kaufman by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/10/2003)

April 10, 2003
94

DEPOSITION of Brian J. O'Connor by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen re: [61−1] opposition response, [59−1] motion response; Transcript filed separately. (spw) (Entered: 04/10/2003)

April 10, 2003
95

MOTION by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen for summary judgment against defendant John Stafford on Count I (ADA) of the amended complaint (spw) (Entered: 04/14/2003)

April 14, 2003
96

MEMORANDUM by American Assoc., Daniel W. O'Connor, Kent Bell, Beth Bowen in support of [95−1] motion for summary judgment against defendant John Stafford on Count I (ADA) of the amended complaint (spw) (Entered: 04/14/2003)

April 14, 2003
97

SUMMARY JUDGMENT NOTICE: response to motion set to 4/28/03 for [95−1] motion for summary judgment against defendant John Stafford on Count I (ADA) of the amended complaint ( Signed by Deputy Clerk ) ctc (spw) (Entered: 04/14/2003)

April 14, 2003
99

RESPONSE by John Stafford to plaintiffs' supplemental memorandum in support of motion for reconsideration (Note: supplemental memorandum not yet filed) (spw) (Entered: 04/22/2003)

April 22, 2003

State / Territory: Florida

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Nov. 8, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizens of Duval County, Florida, who are registered to vote in that county, and who have either visual or manual impairments that have prevented them from casting independently a secret ballot.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Florida, Division of Elections, State

Office of Supervisor of Elections (Duval), County

State of Florida, Office of Secretary of State, State

Jacksonville City Council (Jacksonville), City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

None

Source of Relief:

None

Issues

General:

Access to public accommodations - governmental

Voting