Case: Delgado v. Galvin

1:12-cv-10872 | U.S. District Court for the District of Massachusetts

Filed Date: May 15, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

This voting registration case was filed on May 15, 2012, by a consortium of public interest lawyers, as part of a national campaign (other states listed below); private counsel from the Boston firm Ropes & Gray participated in this one, as well. They sued the state of Massachusetts in the U.S. District Court for the District of Massachusetts. The plaintiffs alleged that Massachusetts was systematically failing to comply with the National Voter Registration Act of 1993 (NVRA), section 7, 42 U.…

This voting registration case was filed on May 15, 2012, by a consortium of public interest lawyers, as part of a national campaign (other states listed below); private counsel from the Boston firm Ropes & Gray participated in this one, as well. They sued the state of Massachusetts in the U.S. District Court for the District of Massachusetts. The plaintiffs alleged that Massachusetts was systematically failing to comply with the National Voter Registration Act of 1993 (NVRA), section 7, 42 U.S.C. 1973gg-5(a), under which public assistance offices must provide voter registration services to assistance recipients, with each application, recertification, renewal, or change of address. The plaintiffs were an assistance recipient and two voter registration organizations. They sought an injunction requiring implementation and enforcement of appropriate practices and policies to ensure compliance with Section 7 of the NVRA, along with reporting and monitoring of that plan.

According to a July 13, 2012, joint motion for a stay of discovery and other proceedings, the parties reached a partial out-of-court settlement on July 5, 2012, under which Massachusetts agreed to undertake "certain preliminary actions before the November elections," and to attempt to settle the case finally. The court granted the requested stay until December 31, 2012. The parties also agreed to a comprehensive protective order relating to discovery materials.

According to press reports, as part of the settlement, the state then mailed out a letter informing benefits recipients of their right to register to vote, and giving them information on how to register. The letter was printed in the Boston Herald, and is posted here. This interim agreement yielded at least 39,000 voter registration applications from DTA’s low-income clients over a four-month period. In contrast, in the four years prior to this lawsuit, DTA clients had filled out only 3,100 voter registration applications.

However, the parties did not reach a final settlement and discovery and other proceedings began again in 2013.

On March 14, 2014, the District Court (Judge Denise J. Casper) granted the plaintiffs' motion to file an amended complaint and denied Massachusetts's motion for judgment on the pleadings. Three days later, the plaintiffs filed their amended complaint.

On March 20, 2015, the District Court (Judge Casper) issued an order of final judgment dismissing only the claims asserted against defendant Massachusetts Department of Transitional Assistance as agreed to by the parties in a settlement agreement. The court retained jurisdiction to enforce the terms of the settlement agreement between the plaintiffs and the DTA, but the parties explicitly agreed that it was not a consent decree. The agreement would last for three years.

On June 17, 2015, the plaintiffs settled the remaining claims with the SOC and the EOHHS in two separate settlement agreements. The court issued a final judgment dismissing the claims, but retaining jurisdiction to enforce the terms of the settlements. The agreements would remain in effect until July 31, 2018. The SOC agreed to review DTA and MassHealth voter registration policies and training materials, participate in training, and monitor registration activities of each of the public assistance agencies. The SOC agreed to post the resulting voter registration on the SOC’s website. EOHHS, which oversees DTA, MassHealth and several other agencies with voter registration responsibilities, agreed to send an annual notice to each such agency, reminding it of its NVRA responsibilities. MassHealth agreed to provide a voter registration application and offer assistance to each individual who applies, renews, or changes his or her address in connection with Medicaid benefits. MassHealth would also provide regular training for its employees and monitor NVRA compliance. The online health benefits application jointly used by MassHealth and the Massachusetts Health Connector would be re-programmed to provide voter registration opportunities.

Nationally, a public interest organization, Demos, has filed similar lawsuits in nine states and settled with eight of those states: Ohio, Missouri, New Mexico, Indiana, Georgia, Pennsylvania, Massachusetts, and Nevada. As of the date of this summary, litigation is still pending in Louisiana. In addition, Alabama, California, Colorado, Maryland, Michigan, Mississippi, Montana, North Carolina, Oregon, Virginia, and Washington all agreed to comply without being sued.

The docket reflects no further activity as of January 2019. As the settlement terms have expired, the case is presumably closed.

Summary Authors

Jessica Kincaid (3/26/2016)

Eva Richardson (1/31/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4274672/parties/delgado-v-galvin/


Judge(s)

Casper, Denise Jefferson (Massachusetts)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Bennett, Daniel J (Massachusetts)

Boscarine, Allison M. (Massachusetts)

Brannon, Sarah (District of Columbia)

Danetz, Lisa J (Massachusetts)

Davison, William T (Massachusetts)

De Vincentis, Alexia R. (Massachusetts)

Felter, John Kenneth (Massachusetts)

FitzGerald, Deanna B. (Massachusetts)

Judge(s)

Casper, Denise Jefferson (Massachusetts)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Bennett, Daniel J (Massachusetts)

Boscarine, Allison M. (Massachusetts)

Brannon, Sarah (District of Columbia)

Danetz, Lisa J (Massachusetts)

Davison, William T (Massachusetts)

De Vincentis, Alexia R. (Massachusetts)

Felter, John Kenneth (Massachusetts)

FitzGerald, Deanna B. (Massachusetts)

Flanagan, Catherine (District of Columbia)

Hall, Rahsaan (Massachusetts)

Kengle, Robert A. (District of Columbia)

Khan, Sabrina (District of Columbia)

Lioz, Adam (District of Columbia)

Lipton, Thomas R (Massachusetts)

Maher, Daniel J. (Massachusetts)

Mazzotta, Matthew (Massachusetts)

Morgulis, Eugene L. (Massachusetts)

Reyes, Alejandro (District of Columbia)

Zhu, Ming M. (Massachusetts)

Attorneys(s) for Defendant

Casey, Timothy James (Massachusetts)

Coakley, Martha (Massachusetts)

Kim, Tori T. (Massachusetts)

Rios, Ricardo Brandon (Massachusetts)

Documents in the Clearinghouse

Document

1:12-cv-10872

Docket [PACER]

June 23, 2015

June 23, 2015

Docket
1

1:12-cv-10872

Complaint

May 15, 2012

May 15, 2012

Complaint
30

1:12-cv-10872

Joint Motion to Modify Scheduling Order and Stay this Action

July 13, 2012

July 13, 2012

Pleading / Motion / Brief
29

1:12-cv-10872

Joint Motion for Entry of Stipulated Protective order

July 13, 2012

July 13, 2012

Pleading / Motion / Brief
31

1:12-cv-10872

Order

July 17, 2012

July 17, 2012

Order/Opinion

[Letter to welfare recipients]

[Delgado v. Galvin]

No Court

July 30, 2012

July 30, 2012

Correspondence
138

1:12-cv-10872

Memorandum and Order

Delgado v. Gavin

March 14, 2014

March 14, 2014

Order/Opinion
143

1:12-cv-10872

Amended Complaint

NAACP-New England Area Conference v. Galvin

March 17, 2014

March 17, 2014

Complaint
213-1

1:12-cv-10872

Settlement Agreement

Delgado v. Calvin

March 18, 2015

March 18, 2015

Settlement Agreement
215

1:12-cv-10872

Order of Final Judgment Only as to Claims Asserted Against Defendant Massachusettes Department of Transitional Assistance

NAACP-New England Area Conference v. Galvin

March 20, 2015

March 20, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4274672/delgado-v-galvin/

Last updated May 31, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Daniel J. Curley, William F. Galvin, Judyann Bigby Filing fee: $ 350, receipt number 0101-3945906 (Fee Status: Filing Fee paid), filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Category Sheet)(Felter, John) (Entered: 05/15/2012)

1 Exhibit A

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2 Civil Cover Sheet

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3 Category Sheet

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May 15, 2012

May 15, 2012

RECAP
2

CORPORATE DISCLOSURE STATEMENT by New England United for Justice. (Felter, John) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
3

CORPORATE DISCLOSURE STATEMENT by NAACP-New England Area Conference. (Felter, John) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
4

MOTION To Immediately Convene Scheduling Conference To Set Briefing And Hearing On Motion For Preliminary Injunction And To Order Limited Expedited Discovery by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Felter, John) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
5

Summons Issued as to Judyann Bigby, Daniel J. Curley, William F. Galvin. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Johnson, Jay) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
6

NOTICE of Appearance by Tori T. Kim on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Kim, Tori) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
7

NOTICE of Appearance by Timothy James Casey on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Casey, Timothy) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
8

NOTICE of Appearance by Ming M Zhu on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Zhu, Ming) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
9

NOTICE of Appearance by Rahsaan D. Hall on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Hall, Rahsaan) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
10

MOTION for Leave to Appear Pro Hac Vice for admission of Robert A. Kengle; Alejandro T. Reyes; Sarah Brannon; Sabrina Khan; Adam Lioz Filing fee: $ 500, receipt number 0101-3951568 by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Certification of Robert A. Kengle in Support of Admission Pro Hac Vice, # 2 Certification of Alejandro T. Reyes in Support of Admission Pro Hac Vice, # 3 Certification of Sarah Brannon in Suport of Admission Pro Hac Vice, # 4 Certification of Sabrina Khan in Suport of Admission Pro Hac Vice, # 5 Certification of Adam Lioz in Suport of Admission Pro Hac Vice)(Felter, John) (Entered: 05/18/2012)

1 Certification of Robert A. Kengle in Support of Admission Pro Hac Vice

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2 Certification of Alejandro T. Reyes in Support of Admission Pro Hac Vice

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3 Certification of Sarah Brannon in Suport of Admission Pro Hac Vice

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4 Certification of Sabrina Khan in Suport of Admission Pro Hac Vice

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5 Certification of Adam Lioz in Suport of Admission Pro Hac Vice

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May 18, 2012

May 18, 2012

PACER
11

Joint request from counsel to extend, by one day, the filing of the proposed joint statement. (Hourihan, Lisa) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
12

NOTICE of Appearance by Daniel J. Maher on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Maher, Daniel) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
13

NOTICE of Appearance by Allison M. Boscarine on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Boscarine, Allison) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
14

NOTICE of Appearance by Lisa J. Danetz on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Danetz, Lisa) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
15

JOINT SUBMISSION pursuant to Local Rule 16.1 by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP-New England Area Conference, New England United for Justice.(Kim, Tori) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
16

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 5/23/2012. Court adopts the dates for the filing of the preliminary injunction and any dispositive motions as outlined in the Joint Submission made D. 15. Court sets hearing on motion for preliminary injunction and any dispositive motion for 8/17/12 at 10:00AM. (Court Reporter: Helana Kline at helanakline@aol.com.)(Attorneys present: Ken Felter and Lisa Danetz for the plaintiffs. Tori Kim and Timothy Casey for the defendants.) (Hourihan, Lisa) (Entered: 05/24/2012)

May 23, 2012

May 23, 2012

PACER
17

ELECTRONIC NOTICE Setting Hearing on Motion NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 8/17/2012 10:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 05/24/2012)

May 23, 2012

May 23, 2012

PACER
18

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 4 Motion to Immediately Convene Scheduling Conference (Hourihan, Lisa) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
19

AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP-New England Area Conference. William F. Galvin served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP-New England Area Conference. (Felter, John) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
20

AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP-New England Area Conference. Judyann Bigby served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP-New England Area Conference. (Felter, John) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
21

AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP-New England Area Conference. Daniel J. Curley served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP-New England Area Conference. (Felter, John) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
22

NOTICE by Judyann Bigby, Daniel J. Curley, William F. Galvin of Consent to Video Recording (Kim, Tori) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
23

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Robert A. Kengle, Alejandro T. Reyes, Sarah Brannon, Sabrina Khan, Adam Lioz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
24

ANSWER to 1 Complaint, by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. A - Defs. Mar. 6, 2012 Letter)(Kim, Tori) (Entered: 06/08/2012)

1 Exhibit Ex. A - Defs. Mar. 6, 2012 Letter

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June 8, 2012

June 8, 2012

RECAP
25

Disclosure pursuant to Rule 26 by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
26

NOTICE of Appearance by Eugene L. Morgulis on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Morgulis, Eugene) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
27

NOTICE of Appearance by William T. Davison on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Davison, William) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
28

NOTICE of Appearance by Thomas R. Lipton on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Lipton, Thomas) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
29

Joint MOTION for Protective Order by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A ([Proposed] Stipulated Protective Order))(Morgulis, Eugene) (Entered: 07/13/2012)

1 Exhibit A ([Proposed] Stipulated Protective Order)

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July 13, 2012

July 13, 2012

PACER
30

Joint MOTION to Modify Scheduling Order of May 23, 2012 and Stay This Action by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A ([Proposed] Scheduling Order)))(Morgulis, Eugene) (Entered: 07/13/2012)

1 Exhibit A ([Proposed] Scheduling Order))

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July 13, 2012

July 13, 2012

PACER
31

Judge Denise J. Casper: ORDER entered granting 30 Motion to Modify Scheduling Order of May 23, 2012 and Stay This Action. (Maynard, Timothy) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
32

ELECTRONIC NOTICE Canceling August 17, 2012 Hearing. (Maynard, Timothy) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
33

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 29 Motion for Protective Order (Maynard, Timothy) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
34

Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER(Maynard, Timothy) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

RECAP
35

Joint CERTIFICATION pursuant to Local Rule 16.1 (D) and Fed.R.Civ.P. 16(b). (Attachments: # 1 Exhibit A)(Felter, John) (Entered: 01/04/2013)

1 Exhibit A

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Jan. 4, 2013

Jan. 4, 2013

PACER
36

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 1/7/2013, Amended Pleadings due by 7/1/2013. Fact discovery due by 10/31/13. Plaintiffs' expert disclosures due by 11/30/13. Defendants' expert disclosures due by 12/31/13. Rebuttal expert disclosrues due by 1/31/14. Expert discovery to be completed by 4/1/2014. Summary Judgment Motions due by 4/30/2014. Opposition to summary judgment motions due by 5/30/14. Status Conference set for 11/12/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel to file a joint proposal re: production of documents within 30 days.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter, Eugene Morgulis and Lisa Danetz for the plaintiffs. Timothy Casey for the defendants) (Hourihan, Lisa) (Entered: 01/09/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
37

Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) (Entered: 01/09/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
38

Transcript of Scheduling Conference held on January 7, 2013, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/5/2013. Redacted Transcript Deadline set for 2/15/2013. Release of Transcript Restriction set for 4/15/2013. (Scalfani, Deborah) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
39

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
40

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiffs Bethzaida Delgado, NAACP-New England Area Conference, and New England United for Justice. (Morgulis, Eugene) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
41

NOTICE of Withdrawal of Appearance by Ming M Zhu (Zhu, Ming) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
42

CERTIFICATION pursuant to Local Rule 16.1 by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
43

Letter/request (non-motion) from John Kenneth Felter submitting the joint proposal requested by the Court at the January 7, 2013 scheduling conference. (Felter, John) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
44

Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court notes that the parties responded to the Court's 1/7/13 request [D. 36] to file a joint proposal re: requests for production [D. 43]. The Court adopts the schedule proposed by the parties.(Hourihan, Lisa) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

PACER
45

NOTICE of Appearance by Daniel J. Bennett on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Bennett, Daniel) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
46

MOTION to Seal Subject Documents by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER
47

MOTION for Clarification of Protective Order [Doc. 34] by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER
48

MEMORANDUM in Support re 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Morgulis, Eugene) (Entered: 03/20/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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March 20, 2013

March 20, 2013

PACER
49

EXHIBITS re 48 Memorandum in Support of Motion, filed by NAACP-New England Area Conference, Bethzaida Delgado, New England United for Justice by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Main Document: Exhibit F) (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J) (Maynard, Timothy) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
50

Opposition re 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Casey, Timothy) (Entered: 04/03/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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April 3, 2013

April 3, 2013

PACER
51

NOTICE of Appearance by Matthew Mazzotta on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (Mazzotta, Matthew) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
52

Assented to MOTION for Leave to File Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order 47 by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A (Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order))(Morgulis, Eugene) (Entered: 04/08/2013)

1 Exhibit A (Reply in Further Support of Plaintiffs' Motion for Order Clarify

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April 8, 2013

April 8, 2013

PACER
53

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 52 Motion for Leave to File Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
54

REPLY to Response to 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
55

NOTICE of Appearance by Ricardo Brandon Rios on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Rios, Ricardo) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

PACER
56

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 46 Motion to Seal (Hourihan, Lisa) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
57

Judge Denise J. Casper: ELECTRONIC ORDER entered denying 47 Motion for Clarification of Protective Order. Plaintiffs seek "clarification" of the Protective Order previously entered by this Court, D. 34, to allow their use of certain documents, designated by the Defendants as "Confidential Discovery Material," D. 50 at 4 & n. 3; see D. 34, ¶¶ 1(g), 2, outside of the instant litigation. Plaintiffs argue that these documents are public records and, therefore, are "publicly available" and should be exempt from the provisions of the Protective Order. However, given the Defendants' explanation that these documents are "confidential, settlement-related materials that the DTA generated solely in connection with the July 5 Agreement,... and to facilitate discussions regarding the settlement of the remainder of the case," D. 50 at 9, and that the Defendants have declined to produce them as public records in response to third-party requests, D. 50 at 11, the Court cannot agree that they are public records or are "publicly available." To the extent that Plaintiffs seek a modification of the Protective Order, the Court finds no good cause for such modification. See Fed. R. Civ. P. 26(c); Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 790 (1st Cir. 1988). For all these reasons, the Court DENIES the motion. (Hourihan, Lisa) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
58

MOTION to Compel Defendants' Responses to Requests for Production by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
59

MEMORANDUM in Support re 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Felter, John) (Entered: 06/04/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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June 4, 2013

June 4, 2013

PACER
60

Assented to MOTION for Extension of Time to July 2, 2013 to File Response/Reply as to 58 MOTION to Compel Defendants' Responses to Requests for Production by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
61

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 60 Motion for Extension of Time to File Response/Reply re 58 MOTION to Compel Defendants' Responses to Requests for Production Responses due by 7/2/2013 (Hourihan, Lisa) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
62

MOTION for Leave to File Amended Complaint by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A (Proposed Amended Complaint), # 2 Exhibit B (Complaint Redline Comparison))(Morgulis, Eugene) (Entered: 06/24/2013)

1 Exhibit A (Proposed Amended Complaint)

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2 Exhibit B (Complaint Redline Comparison)

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June 24, 2013

June 24, 2013

PACER
63

MEMORANDUM in Support re 62 MOTION for Leave to File Amended Complaint filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
64

Transcript of Scheduling Conference held on May 23, 2012, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at helanakline@aol.com Redaction Request due 7/18/2013. Redacted Transcript Deadline set for 7/29/2013. Release of Transcript Restriction set for 9/25/2013. (Scalfani, Deborah) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
65

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
66

Opposition re 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Casey, Timothy) (Entered: 07/02/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 2, 2013

July 2, 2013

PACER
67

EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT A by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
68

EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT B by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
69

EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT C by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
70

EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT D by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
71

Assented to MOTION for Extension of Time to July 15, 2013 to File Response/Reply as to 62 MOTION for Leave to File Amended Complaint, 63 Memorandum in Support of Motion by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
72

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 71 Motion for Extension of Time to File Response/Reply re 62 MOTION for Leave to File Amended Complaint Responses due by 7/15/2013 (Maynard, Timothy) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
73

Opposition re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Kim, Tori) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
74

AFFIDAVIT of Tori T. Kim in Opposition re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A - Pls. Document Requests, # 2 Exhibit B - Pls. Deposition Notice)(Kim, Tori) (Entered: 07/15/2013)

1 Exhibit A - Pls. Document Requests

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2 Exhibit B - Pls. Deposition Notice

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July 15, 2013

July 15, 2013

PACER
75

MOTION for Judgment on the Pleadings by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
76

MEMORANDUM in Support re 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A - Proposed Judgment)(Kim, Tori) (Entered: 07/15/2013)

1 Exhibit A - Proposed Judgment

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July 15, 2013

July 15, 2013

RECAP
77

AFFIDAVIT of Tori T. Kim in Support re 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A - July 25, 2012 Letter to Ropes & Gray LLP, # 2 Exhibit B - Apr. 22, 2013 Interrogatory Responses)(Kim, Tori) (Entered: 07/15/2013)

1 Exhibit A - July 25, 2012 Letter to Ropes & Gray LLP

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2 Exhibit B - Apr. 22, 2013 Interrogatory Responses

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July 15, 2013

July 15, 2013

PACER
78

MOTION for Leave to File Reply in Further Support of Motion to Compel Defendants Responses to Requests for Production by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A - Reply for Motion to Compel Defendants Responses to Requests for Production, # 2 Exhibit B - Exhbit A to Reply for Motion to Compel Defendants Responses to Requests for Production)(Morgulis, Eugene) (Entered: 07/17/2013)

1 Exhibit A - Reply for Motion to Compel Defendants Responses to Requests for Prod

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2 Exhibit B - Exhbit A to Reply for Motion to Compel Defendants Responses to Reque

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July 17, 2013

July 17, 2013

PACER
79

Assented to MOTION for Extension of Time to August 5, 2013 to File Opposition to Defendants Motion for Judgment on the Pleadings as to Claims Regarding the Office of Medicaid, Individual Plaintiff, and Remote Transactions by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
80

MOTION for Leave to File Reply in Further Support of Motion to Amend Complaint by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A - Reply in Further Support of Motion for Leave to Amend Complaint, # 2 Exhibit 1 To Reply Brief, # 3 Exhibit 2 To Reply Brief)(Felter, John) (Entered: 07/25/2013)

1 Exhibit A - Reply in Further Support of Motion for Leave to Amend Complaint

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2 Exhibit 1 To Reply Brief

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3 Exhibit 2 To Reply Brief

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July 25, 2013

July 25, 2013

PACER
81

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 79 Motion for Extension of Time to File Opposition to Motion for Judgment of the Pleadings to 8/5/13. (Hourihan, Lisa) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
82

CERTIFICATE of Compliance pursuant to Local Rule 15.1(b) by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
83

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 80 Motion for Leave to File a Reply in Support of Motion to Compel ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Maynard, Timothy) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
84

REPLY to Response to 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
85

Assented to MOTION for Leave to File Excess Pages by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
86

Opposition re 75 MOTION for Judgment on the Pleadings filed by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
87

DECLARATION re 86 Opposition to Motion 75 for Judgment on the Pleadings by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Morgulis, Eugene) (Entered: 08/05/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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Aug. 5, 2013

Aug. 5, 2013

PACER
88

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 85 Motion for Leave to File Excess Pages. (Hourihan, Lisa) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
89

SUR-REPLY to Motion re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A - Defs. Proposed Sur-Reply in Opposition to Pls. Motion for Leave to Amend)(Kim, Tori) (Entered: 08/09/2013)

1 Exhibit A - Defs. Proposed Sur-Reply in Opposition to Pls. Motion for Leave to A

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Aug. 9, 2013

Aug. 9, 2013

PACER
90

OPPOSITION to Defendant's Motion for Leave to File, in Response by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice to 89 Sur-Reply to Motion, Made by Plaintiff, for Leave to Amend the Complaint. (Morgulis, Eugene) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
91

MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion for Judgment on the Pleadings (Dkt. Nos. 75-77) by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. A - Proposed Reply Memorandum, # 2 Exhibit Ex. 1 to Proposed Reply Memorandum)(Kim, Tori) (Entered: 09/09/2013)

1 Exhibit Ex. A - Proposed Reply Memorandum

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2 Exhibit Ex. 1 to Proposed Reply Memorandum

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Sept. 9, 2013

Sept. 9, 2013

PACER
92

ELECTRONIC NOTICE Setting Hearing on Motion 75 MOTION for Judgment on the Pleadings : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 11/12/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
93

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 91 Motion for Leave to File Reply Memorandum of Law in Support of Their Motion for Judgment on the Pleadings; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
94

REPLY to Response to 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. 1 to Defendants' Reply Memorandum)(Kim, Tori) (Entered: 09/24/2013)

1 Exhibit Ex. 1 to Defendants' Reply Memorandum

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Sept. 24, 2013

Sept. 24, 2013

PACER
95

MOTION for Leave to Appear Pro Hac Vice for admission of Catherine M. Flanagan Filing fee: $ 100, receipt number 0101-4648292 by Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice. (Attachments: # 1 Certificate of Catherine M. Flanagan in Support)(Morgulis, Eugene) (Entered: 09/24/2013)

1 Certificate of Catherine M. Flanagan in Support

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Sept. 24, 2013

Sept. 24, 2013

PACER
96

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 95 Motion for Leave to Appear Pro Hac Vice Added Catherine M. Flanagan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
97

NOTICE of Appearance by Deanna B. FitzGerald on behalf of Bethzaida Delgado, NAACP-New England Area Conference, New England United for Justice (FitzGerald, Deanna) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
98

ELECTRONIC NOTICE Resetting Hearing on Motion 75 MOTION for Judgment on the Pleadings : Motion Hearing set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
99

ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
100

ELECTRONIC NOTICE Setting Hearing on Motion 58 MOTION to Compel Defendants' Responses to Requests for Production, 62 MOTION for Leave to File Amended Complaint : Motion Hearing set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 15, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A recipient of various public benefits, who was not provided the required voting rights notice when she visited state benefits offices, and several organizations with a mission to increase voting registration.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 2012 - 2018

Issues

General:

Voting access

Voting:

Voter registration rules