Case: Texas League of United Latin American Citizens (LULAC) v. Whitley

5:19-cv-00074 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 29, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 29, 2019, the Texas League of United Latin American Citizens (Texas LULAC) and National League of United Latin American Citizens filed this lawsuit in United States District Court for the Western District of Texas. The plaintiffs sued the Texas Secretary of State and the Attorney General of Texas, under section 11(b) of the Voting Rights Act. The plaintiffs, represented by their General Counsel, Campaign Legal Counsel and private counsel, sought declaratory and injunctive relief. Th…

On January 29, 2019, the Texas League of United Latin American Citizens (Texas LULAC) and National League of United Latin American Citizens filed this lawsuit in United States District Court for the Western District of Texas. The plaintiffs sued the Texas Secretary of State and the Attorney General of Texas, under section 11(b) of the Voting Rights Act. The plaintiffs, represented by their General Counsel, Campaign Legal Counsel and private counsel, sought declaratory and injunctive relief. They claimed that defendants had created Texas's Election Advisory No. 2019-02 and an accompanying "Possible Non U.S. Citizens" list (the Advisory) that intimidated legitimate voters from participating in the May 2019 elections, particularly targeting citizens of the Latino community across the state of Texas.

Specifically, the Advisory contained data of supposed “matches” of non-U.S. citizens and registered voters to local election officials. These matches were found by comparing non-citizens identified in Department of Public Safety citizenship data and registered voters, to local election officials. The plaintiffs claimed that the citizenship data was over a quarter century old, and many non-citizens had since naturalized. The Texas Secretary of State issued instructions to local registrars and election administrators to not release data to the public. The plaintiffs alleged that these actions and the deliberately public roll-out of this program “cast a pall of suspicion” over the validity of local registration rolls and contributed to voter intimidation in Texas, especially against immigrants and those in the Latino community. Plaintiffs noted that members of the Latino community had already reacted to the publicity campaign by withdrawing their voter registrations.

The case was randomly assigned to Judge Fred Biery on the date the complaint was filed.

Shortly after, the plaintiffs filed a motion for a preliminary injunction on February 4, 2019 and the defendants filed a motion to dismiss on February 11, 2019. The defendants argued that the alleged injuries were not traceable or redressable by them because the counties, rather than the defendants, were responsible for cancelling any voter’s registration for noncitizenship. In addition, the defendants argued that the allegations against the Attorney General were disconnected from the relief sought and limited to a press release that stated his authority over election-related crimes.

On February 22, 2019, two other cases, Garibay v. Whitley and MOVE Texas Civic Fund v. Whitley (5:19-cv-00159 and 5:19-cv-00171, respectively), were consolidated to this docket because of their similarity in questions of fact and law.

Following a hearing, Judge Biery denied the motion to dismiss on February 27, 2019. At the same time, he denied the plaintiffs’ request for relief regarding the Attorney General’s press release. Though he found the press release “arguably vituperative in tone,” it nevertheless stated the Attorney’s General authority. In addition, Judge Biery temporarily put the Advisory program on hold. He ordered local officials not to remove any person from the current voter registration without authorization from the court. The order also signaled his skepticism about the voter registration review process, nothing that the flawed process meant “perfectly legal naturalized Americans were burdened with what the Court finds to be ham-handed and threatening correspondence from the state which did not politely ask for information but rather exemplifies the power of government to strike fear and anxiety and to intimidate the least powerful among us.”

The next day the plaintiffs filed their second amended complaint, in the form of a class-action complaint on behalf of all U.S. citizens and registered voters of Texas who had been singled out for investigation and removal from the voter rolls by the Texas Secretary of State because they were born outside the United States. The complaint added the voter registrars for counties across Texas. In addition, the complaint added various individual plaintiffs who had been impacted by the Advisory personally, as well as the Southwest Voter Registration Project, Mi Familia Vota Educational Fund, La Union del Pueblo Entero and Unidos US. In this complaint, the plaintiffs alleged that the Advisory violated the First and Fourteenth Amendments and the federal Voting Rights Act. They sought class action certification, declaratory and injunctive relief, and damages.

On March 6, 2019, the plaintiffs filed their third amended class action complaint, alleging similar violations to the First and Fourteenth Amendments and the federal Voting Rights Act, and adding several more plaintiffs who had been specifically injured by the Advisory, including the Organization of Chinese-Americans-Greater Houston.

On March 27, 2019, Judge Biery denied a motion to dismiss previously brought by the county voter registrars. Though the county defendants argued that they only acted on the direction of the Secretary of State, the court found that the registrars were those who would send the alleged correspondence leading to voter intimidation.

The two parties reached a settlement on April 25, 2019. The defendants agreed to rescind Election Advisory 2019-02 within five days of the Settlement order, and to advise county voter registrars and elections administrators to take no further action on any data files the Secretary of State sent them in connection with Election Advisory 2019-02. The defendants agreed to update their set of non-U.S. Citizen holders of driver’s licenses or personal identification cards, and to only flag individuals who had registered to vote and subsequently provided information suggesting they were non-citizens. Furthermore, the defendants agreed to distribute new training materials to county voter registrars and election administrators advising that voter registrars and election administrators should not immediately cancel any voter’s registration, providing guidance on lawful means to investigate voter eligibility, and noting that the registrar should send a notice of examination to the person suspected of not being eligible for voter registration. Under the agreement, all claims of breach were to be brought through a new lawsuit in state or federal court. The plaintiffs indicated in the settlement that they are not conceding the state’s effort comply with federal law, leaving the possibility to file a future complaint if the plaintiffs were concerned with future reviews. Finally, the defendants agreed to pay $450,000 in attorney's fees and costs.

On April 26, 2019, the plaintiffs and the defendants filed a join motion to dismiss because they reached a settlement agreement. As part of this settlement agreement, plaintiff agreed to dismiss all claims against the defendants in all of the consolidated cases in their entirety with prejudice. This motion was granted and the case dismissed by Judge Biery on April 29, 2019. As of October 2019, there was no further activity on this case. The settlement agreement remained in place.

Summary Authors

Caitlin Kierum (10/27/2019)

Related Cases

Garibay v. Whitley, Western District of Texas (2019)

MOVE Texas Civic Fund v. Whitley, Western District of Texas (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14526096/parties/texas-league-of-united-latin-american-citizens-v-whitley/


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Andriola, Eri (District of Columbia)

Avila, Alejandra (Texas)

Bains, Chiraag (District of Columbia)

Brazil, Kemble Scott (Texas)

Buser-Clancy, Thomas Paul (Texas)

Danahy, Molly (District of Columbia)

Downes, Brendan (District of Columbia)

Dunn, Chad W (Texas)

Gaber, Mark P. (District of Columbia)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Andriola, Eri (District of Columbia)

Avila, Alejandra (Texas)

Bains, Chiraag (District of Columbia)

Brazil, Kemble Scott (Texas)

Buser-Clancy, Thomas Paul (Texas)

Danahy, Molly (District of Columbia)

Downes, Brendan (District of Columbia)

Dunn, Chad W (Texas)

Gaber, Mark P. (District of Columbia)

Gonzalez, Joaquin Robert (Texas)

Greenbaum, Jon M. (District of Columbia)

Herrera, Ernest I (Texas)

Hicks, Max Renea (Texas)

Ho, Dale E. (New York)

Klosterboer, Brian (Texas)

Lakin, Sophia L. (New York)

Lang, Danielle (District of Columbia)

Marziani, Mimi Murray Digby (Texas)

Naifeh, Stuart (New York)

Nwachukwu, Jennifer (District of Columbia)

Perales, Nina (Texas)

Richards, David (Texas)

Rosenberg, Ezra D (District of Columbia)

Saldivar, Edgar (Texas)

Salmon, John Paul (Texas)

Segura, Andre (Texas)

Shah, Niyati (District of Columbia)

Stevens, Rebecca (Texas)

Vattamala, Jerry (New York)

Vera, Luis R. Jr. (Texas)

Wright, Brenda (New York)

Yan, Patricia (New York)

Attorneys(s) for Defendant

Arnold, Philip Barr (Texas)

Boemer, Robert Barron (Texas)

Daaboul, Rola (Texas)

Disher, Todd Lawrence (Texas)

Frigerio, Charles S. (Texas)

Hilton, Christopher D (Texas)

Magee, Jason Eric (Texas)

Saenz, Hector Xavier (Texas)

Sweeten, Patrick Kinney (Texas)

Toth, Michael C. (Texas)

Willey, Barry C (Texas)

Other Attorney(s)

Jackson, Jennifer Settle (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

MOVE Texas Civic Fund v. Whitley

April 29, 2019 Docket

Docket [PACER]

Garibay v. Whitley

April 29, 2019 Docket

Docket [PACER]

Texas League of United Latin American Citizens v. Whitley

April 29, 2019 Docket
1

Original Complaint

Texas League of United Latin American Citizens v. Whitley

Jan. 29, 2019 Complaint
1

Complaint

Garibay v. Whitley

Feb. 2, 2019 Complaint
1

Complaint

MOVE Texas v. Whitley

Feb. 4, 2019 Complaint
61

Order

Texas League of United Latin American Citizens v. Whitley

2019 WL 7938511

Feb. 27, 2019 Order/Opinion
97

Third Amended Class-Action Complaint

Texas League of United Latin American Citizens v. Whitley

March 6, 2019 Complaint
132

Order and Advisory

Texas League of United Latin American Citizens v. Whitley

March 27, 2019 Order/Opinion
131

Order Granting Motion to Dismiss as to Defendant Paxton

Texas League of United Latin American Citizens v. Whitley

March 27, 2019 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14526096/texas-league-of-united-latin-american-citizens-v-whitley/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (dtg)

Jan. 29, 2019 PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (dtg)

Jan. 29, 2019 PACER
1

COMPLAINT (Filing fee $400.00 receipt number 500047794), filed by Texas League of United Latin American Citizens, National League of United Latin American Citizens. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(dtg) (Entered: 01/29/2019)

1 Civil Cover Sheet

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2 Filing Fee Receipt

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Jan. 29, 2019 RECAP
2

FIRST AMENDED COMPLAINT against Ken Paxton, David Whitley amending 1 Complaint, filed by Texas League of United Latin American Citizens, National League of United Latin American Citizens, Julie Hilberg. (Attachments: # 1 Exhibit)(rg) (Entered: 02/04/2019)

1 Exhibit

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Feb. 1, 2019 RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/04/2019)

Feb. 4, 2019 PACER
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Summons Issued as to Ken Paxton. (rg) (Entered: 02/04/2019)

Feb. 4, 2019 RECAP
5

Summons Issued as to David Whitley. (rg) (Entered: 02/04/2019)

Feb. 4, 2019 RECAP
6

MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542-11718448) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 02/04/2019)

Feb. 4, 2019 PACER
7

MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542-11718485) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 02/04/2019)

Feb. 4, 2019 PACER
8

MOTION for Preliminary Injunction by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit A: Pasternak Declaration and Exhibits, # 2 Exhibit B: Hilberg Declaration, # 3 Exhibit C: Elfant Declaration)(Vera, Luis) (Entered: 02/04/2019)

1 Exhibit A: Pasternak Declaration and Exhibits

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2 Exhibit B: Hilberg Declaration

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3 Exhibit C: Elfant Declaration

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Feb. 4, 2019 RECAP
9

NOTICE of Attorney Appearance by Max Renea Hicks on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. Attorney Max Renea Hicks added to party Julie Hilberg(pty:pla), Attorney Max Renea Hicks added to party National League of United Latin American Citizens(pty:pla), Attorney Max Renea Hicks added to party Texas League of United Latin American Citizens(pty:pla) (Hicks, Max) (Entered: 02/04/2019)

Feb. 4, 2019 RECAP
10

MOTION to Certify Class by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit A: Hilberg Declaration, # 2 Exhibit B: Vera Declaration, # 3 Exhibit C: Hicks Declaration, # 4 Exhibit D: Dunn Declaration, # 5 Exhibit E: Richards Declaration, # 6 Exhibit F: Gaber Declaration)(Vera, Luis) (Entered: 02/04/2019)

1 Exhibit A: Hilberg Declaration

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2 Exhibit B: Vera Declaration

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3 Exhibit C: Hicks Declaration

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4 Exhibit D: Dunn Declaration

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5 Exhibit E: Richards Declaration

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6 Exhibit F: Gaber Declaration

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Feb. 4, 2019 RECAP
11

ORDER GRANTING 6 Motion to Appear Pro Hac Vice for Attorney Mark P. Gaber and Danielle M. Lang for Julie Hilber, National League of United Latin American Citizens and Texas League of United Latin American Citizens. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 02/04/2019)

Feb. 4, 2019 PACER
12

Proposed Order re Motion for Class Certification [ECF No. 10] by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens (Vera, Luis) Modified on 2/5/2019 (rg). (Entered: 02/04/2019)

Feb. 4, 2019 PACER
13

ORDER SETTING NOTICE TO APPEAR FOR HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - Set Motion Hearing for 8 MOTION for Preliminary Injunction (Motion Hearing set for 2/19/2019 9:00 AM before Judge Fred Biery). Signed by Judge Fred Biery. (rg) (Entered: 02/05/2019)

Feb. 4, 2019 RECAP
14

SUMMONS Returned Executed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. David Whitley served on 2/4/2019, answer due 2/25/2019. (Dunn, Chad) Modified on 2/5/2019 (rg). (Entered: 02/05/2019)

Feb. 5, 2019 PACER

Reset Deadlines: David Whitley answer due 2/25/2019. (rg)

Feb. 5, 2019 PACER
15

SUMMONS Returned Executed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. Ken Paxton served on 2/4/2019, answer due 2/25/2019. (Dunn, Chad) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
16

Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Preliminary Injunction by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Daaboul, Rola) (Entered: 02/08/2019)

1 Proposed Order

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Feb. 8, 2019 PACER
17

ORDER Advisory Concerning Planning for February 19 Hearing. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)

Feb. 11, 2019 RECAP
18

ORDER GRANTING 16 Motion for Extension of Time to File Response/Reply on or before February 14, 2019. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
19

Unopposed MOTION for Leave to Exceed Page Limitation by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/11/2019)

1 Proposed Order

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Feb. 11, 2019 PACER
20

MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) by Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/11/2019)

Feb. 11, 2019 RECAP
21

ADVISORY ORDER Regarding Defendant's Motion to Dismiss. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)

Feb. 11, 2019 RECAP
22

ORDER GRANTING 19 Motion for Leave to File Excess Pages. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
23

NOTICE of Filing Declaration of Lupe Torres (LULAC) in Support of Motion for Preliminary Injunction by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens (Attachments: # 1 Affidavit of Lupe Torres (LULAC))(Vera, Luis) (Entered: 02/13/2019)

1 Affidavit of Lupe Torres (LULAC)

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Feb. 13, 2019 PACER
24

ADVISORY TO THE COURT by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/14/2019)

Feb. 14, 2019 RECAP
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Response in Opposition to Motion, filed by Ken Paxton, David Whitley, re 8 MOTION for Preliminary Injunction filed by Plaintiff Texas League of United Latin American Citizens, Plaintiff Julie Hilberg, Plaintiff National League of United Latin American Citizens (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/14/2019)

1 Proposed Order

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Feb. 14, 2019 RECAP
26

RESPONSE to 17 Order by Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/14/2019)

Feb. 14, 2019 RECAP
27

Response in Opposition to Motion, filed by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens, re 20 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by Defendant David Whitley, Defendant Ken Paxton (Attachments: # 1 Exhibit 1: 2/15/19 K. Ingram Email, # 2 Proposed Order)(Vera, Luis) (Entered: 02/18/2019)

1 Exhibit 1: 2/15/19 K. Ingram Email

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2 Proposed Order

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Feb. 18, 2019 RECAP
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REPLY to Response to Motion, filed by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens, re 8 MOTION for Preliminary Injunction filed by Plaintiff Texas League of United Latin American Citizens, Plaintiff Julie Hilberg, Plaintiff National League of United Latin American Citizens (Attachments: # 1 Exhibit Compilation of County Activity)(Vera, Luis) (Entered: 02/18/2019)

1 Exhibit Compilation of County Activity

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Feb. 18, 2019 PACER
29

Opposed MOTION to Exclude Certain Evidence and Witnesses or to Continue the Hearing on Plaintiffs' Motion for Preliminary Injunction by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Sweeten, Patrick) (Entered: 02/18/2019)

1 Proposed Order

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Feb. 18, 2019 PACER
30

Opposed MOTION for Protective Order Entry of Confidentiality and Protective Order by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Sweeten, Patrick) (Entered: 02/18/2019)

1 Proposed Order

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2 Exhibit A

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Feb. 18, 2019 RECAP
31

Opposed MOTION for Protective Order Joinder to Defendants' Motion for Entry of Confidentiality and Protective Order by Gayatri Vasan. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/18/2019)

1 Proposed Order

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Feb. 18, 2019 RECAP
32

Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing held on 2/19/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 02/20/2019)

Feb. 19, 2019 PACER

"Oral" ORDER DENYING 29 Defendants' Motion to Exclude Certain Evidence and Witnesses; DENYING to continue hearing on Plaintiffs' Motion for Preliminary Injunction by Judge Fred Biery. (kh)

Feb. 19, 2019 PACER

"Oral" ORDER by Judge Fred Biery GRANTING 30 Motion for Protective Order; GRANTING 31 Motion for Protective Order subject to modification by the Court. (kh)

Feb. 19, 2019 PACER
33

Transcript filed of Proceedings held on 2/19/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/13/2019, Redacted Transcript Deadline set for 3/25/2019, Release of Transcript Restriction set for 5/21/2019, (Poage, Chris) (Entered: 02/20/2019)

Feb. 20, 2019 PACER
34

Transcript filed of Proceedings held on 2/20/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/13/2019, Redacted Transcript Deadline set for 3/25/2019, Release of Transcript Restriction set for 5/21/2019, (Poage, Chris) (Entered: 02/20/2019)

Feb. 20, 2019 PACER
37

Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing Continued and held on 2/20/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 02/21/2019)

Feb. 20, 2019 PACER
63

MOTION for Leave to File Second Amended Complaint by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS. (rg) (Entered: 02/28/2019)

Feb. 20, 2019 RECAP
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ORDER. Signed by Judge Fred Biery. (mgr) (Entered: 02/21/2019)

Feb. 21, 2019 RECAP
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ADVISORY TO THE COURT by Betsy Schonhoff. (Jackson, Jennifer) (Entered: 02/21/2019)

Feb. 21, 2019 RECAP
38

ORDER re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. Motion Hearing set for 2/25/2019 09:00 AM before Judge Fred Biery. Signed by Judge Fred Biery. (kh) (Entered: 02/22/2019)

Feb. 22, 2019 RECAP
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ORDER OF CONSOLIDATION - cause numbers SA-19-CA-74-FB, SA-19-CA-59-FB, and SA-19-CA-71-FB are CONSOLIDATED, and all future filings shall be made in the LEAD CASE SA-19-CA-74-FB. IT IS FURTHER ORDERED that cause numbers SA-19-CA-159-FB and SA-19-CA-171-FB are ADMINISTRATIVELY CLOSED pending further Order of this Court. Signed by Judge Fred Biery. (rg) (Entered: 02/22/2019)

Feb. 22, 2019 RECAP
40

MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542-11798447) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 02/22/2019)

1 Proposed Order

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Feb. 22, 2019 PACER
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ORDER (Setting Status/Scheduling Conference for 3/11/2019 9:00 AM before Judge Fred Biery). Signed by Judge Fred Biery. (rg) (Entered: 02/22/2019)

Feb. 22, 2019 RECAP
42

NOTICE of Request to Participate by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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MOTION to Appear Pro Hac Vice by Rebecca Harrison Stevens for Joaquin Gonzalez ( Filing fee $ 100 receipt number 0542-11800400) by on behalf of MOVE Texas Civic Fund. (Attachments: # 1 Proposed Order)(Stevens, Rebecca) (Entered: 02/22/2019)

1 Proposed Order

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Feb. 22, 2019 PACER
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ADVISORY TO THE COURT by David Whitley. (Sweeten, Patrick) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
45

MOTION to Participate in Preliminary Injunction Hearing by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Lorena Tule-Romain, UnidosUS (Salmon, John) Modified on 2/25/2019 (rg). (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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MOTION for Extension of Time to File Response/Reply to State Defendants' Motion to Dismiss by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS. (Attachments: # 1 Proposed Order Granting Motion for Extension of Time to File Response)(Perales, Nina) (Entered: 02/22/2019)

1 Proposed Order Granting Motion for Extension of Time to File Response

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Feb. 22, 2019 PACER
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MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Sophia Lin Lakin ( Filing fee $ 100 receipt number 0542-11801216) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 RECAP
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MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Brendan Downes ( Filing fee $ 100 receipt number 0542-11801219) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Ezra Rosenberg ( Filing fee $ 100 receipt number 0542-11801221) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Jon Greenbaum ( Filing fee $ 100 receipt number 0542-11801225) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Jennifer Nwachukwu ( Filing fee $ 100 receipt number 0542-11801227) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
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ORDER GRANTING 40 Motion to Appear Pro Hac Vice for Attorney Molly Danahy for Julie Hilberg,Molly Danahy for National League of United Latin American Citizens,Molly Danahy for Texas League of United Latin American Citizens. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 02/25/2019)

Feb. 22, 2019 PACER
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ADVISORY TO THE COURT by Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/23/2019)

Feb. 23, 2019 PACER
53

MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Stuart Naifeh ( Filing fee $ 100 receipt number 0542-11801322) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/23/2019)

Feb. 23, 2019 PACER
54

RESPONSE in Opposition to Transferred Plaintiffs' Motions for Preliminary Injunction by Greg Abbot, Keith Ingram, Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
56

NOTICE of Filing Supplemental Exhibit 84 to Garibay TRO by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS (Attachments: # 1 Exhibit 84 to Garibay TRO Application - Decl. of Remi Garza)(Perales, Nina) (Entered: 02/25/2019)

1 Exhibit 84 to Garibay TRO Application - Decl. of Remi Garza

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Feb. 25, 2019 PACER
57

Transcript filed of Proceedings held on 2/25/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/18/2019, Redacted Transcript Deadline set for 3/28/2019, Release of Transcript Restriction set for 5/27/2019, (Poage, Chris) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
84

Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing continued on 2/25/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(kh) (Entered: 03/05/2019)

Feb. 25, 2019 PACER
58

MOTION for Entry of Prohibitory Temporary Restraining Order against Galveston, Blanco, and Smith Counties by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Salmon, John) (Entered: 02/26/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Proposed Order

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Feb. 26, 2019 PACER
59

Unopposed MOTION for Leave to Exceed Page Limitation In Response to Defendants David Whitley and Keith Ingram's Motion to Dismiss by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Attachments: # 1 Proposed Order)(Buser-Clancy, Thomas) (Entered: 02/26/2019)

1 Proposed Order

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Feb. 26, 2019 RECAP
60

RESPONSE In Opposition to Keith Ingram and David Whitley's Motion to Dismiss,(#27 filed in Case SA-19-CV-171) filed by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, re 59 Unopposed MOTION for Leave to Exceed Page Limitation In Response to Defendants David Whitley and Keith Ingram's Motion to Dismiss filed by Consol Plaintiff JOLT Initiative, Consol Plaintiff League of Women Voters of Texas, Consol Plaintiff Nivien Saleh, Consol Plaintiff MOVE Texas Civic Fund (Attachments: # 1 Proposed Order)(Buser-Clancy, Thomas) Modified on 2/27/2019 (rg). Modified on 2/27/2019 (rg). (Entered: 02/26/2019)

1 Proposed Order

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Feb. 26, 2019 PACER
61

ORDER DENYING 20 Motion to Dismiss. Signed by Judge Fred Biery. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (rg) (Entered: 02/27/2019)

1 Attachment A

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2 Attachment B

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3 Attachment C

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Feb. 27, 2019 RECAP
62

ADVISORY TO THE COURT by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Kim Rinn, Beth Rothermel, Kirsten Spies, Janet Torres, Laura Wise. (Magee, Jason) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
64

ORDER REGARDING JOINT ADVISORY FROM COUNTY DEFENDANTS re 62 Advisory to the Court filed by Elections Administrator for Harrison County, Kirsten Spies, Laura Wise, Janet Torres, Pamela Ohlendorf, Karen Nelson, Cheryl E Johnson, Kim Rinn, Terri Hefner, Beth Rothermel.. Signed by Judge Fred Biery. (rg) (Entered: 02/28/2019)

Feb. 28, 2019 RECAP
65

ORDER GRANTING 63 Motion for Leave to File Second Amended Complaint. Signed by Judge Fred Biery. (rg) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
66

SECOND AMENDED COMPLAINT against Connie Brown, Gwenda L. Tschirhart, Kristen Spies, Crystal Denman, Trudy Hancock, Kathryn Nealy, Bob Reeves, Vicki T. Vogel, Mary Hope Barrera amending, filed by Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Elena Keane, Jane Doe #2, Mi Familia Vota Educational Fund, Maria Felicitas Barbosa, Efren Gomez, Julieta Garibay, Maria Yolisma Garcia, UnidosUS, Southwest Voter Registration Education Project, Jane Doe #1, Lorena Tule-Romain, La Union De Pueblo Entero, Inc.(rg) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
67

MOTION to Appear Pro Hac Vice by Thomas Paul Buser-Clancy for Brenda Wright ( Filing fee $ 100 receipt number 0542-11822964) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Buser-Clancy, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
68

SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Janet Torres served on 2/21/2019, answer due 3/14/2019. (Buser-Clancy, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
69

SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Elections Administrator for Harrison County served on 2/13/2019, answer due 3/6/2019. (Buser-Clancy, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
70

SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Terri Hefner served on 2/13/2019, answer due 3/6/2019. (Buser-Clancy, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
71

SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Kristen Spies served on 2/11/2019, answer due 3/4/2019. (Buser-Clancy, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
72

NOTICE of Filing Supplemental Exhibits by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Buser-Clancy, Thomas) (Entered: 02/28/2019)

1 Supplement

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2 Supplement

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3 Supplement

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Feb. 28, 2019 RECAP
73

MOTION for Extension of Time to File Response/Reply Reply in Support of Motion for Preliminary Injunction by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS. (Attachments: # 1 Proposed Order Granting Motion for Extension of Time to File Reply in Support of PI Motion)(Perales, Nina) (Entered: 02/28/2019)

1 Proposed Order Granting Motion for Extension of Time to File Reply in Support of

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Feb. 28, 2019 PACER
74

ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 02/28/2019)

1 Exhibit A

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Feb. 28, 2019 RECAP
75

MOTION to Intervene by Public Interest Legal Foundation. (Attachments: # 1 Exhibit Proposed Answer, # 2 Proposed Order Proposed Order)(Taylor, Andy) (Entered: 03/01/2019)

1 Exhibit Proposed Answer

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2 Proposed Order Proposed Order

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March 1, 2019 RECAP
76

RESPONSE to 74 Advisory to the Court by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 03/01/2019)

March 1, 2019 RECAP
77

ORDER the Court APPROVES the Secretarys proposed advisory with the orders of the Court attached re 74 Advisory to the Court filed by David Whitley. Signed by Judge Fred Biery. (rg) (Entered: 03/04/2019)

March 4, 2019 RECAP
78

ORDER DENYING 75 Motion to intervene by Public Interest Legal Foundation. Signed by Judge Fred Biery. (rg) (Entered: 03/04/2019)

March 4, 2019 RECAP
79

ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 03/04/2019)

1 Exhibit A

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March 4, 2019 RECAP
80

RESPONSE / Reply In Support of Plaintiffs' Motion for Preliminary Injunction to 54 Response by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Buser-Clancy, Thomas) (Entered: 03/04/2019)

March 4, 2019 RECAP
81

Motion to Dismiss for Failure to State a Claim by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kristen Spies, Janet Torres. (Magee, Jason) (Entered: 03/04/2019)

March 4, 2019 PACER
82

MOTION to Amend Complaint for Leave to File Third Amended Complaint by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS. (Attachments: # 1 Exhibit A- Garibay Proposed Third Amended Complaint, # 2 Proposed Order Granting Garibay Plaintiffs' Motion for Leave to File Third Amended Complaint)(Perales, Nina) (Entered: 03/04/2019)

1 Exhibit A- Garibay Proposed Third Amended Complaint

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2 Proposed Order Granting Garibay Plaintiffs' Motion for Leave to File Third

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March 4, 2019 PACER
83

Reply in Support of Garibay Plaintiff's Motion for Preliminary Injunction 5 (filed in SA-19-CV-159) 19 by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule-Romain, UnidosUS re 54 Response (Perales, Nina) Modified on 3/5/2019 (rg). (Entered: 03/04/2019)

March 4, 2019 PACER
85

ORDER GRANTING 82 Motion for leave to file Third Amended Complaint. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 RECAP
86

ORDER GRANTING 43 Motion to Appear Pro Hac Vice by Joaquin Robert Gonzalez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
87

ORDER GRANTING 47 Motion to Appear Pro Hac Vice by Sophia Lin Lakin. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 RECAP
88

ORDER GRANTING 48 Motion to Appear Pro Hac Vice by Brendan Downes. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
89

ORDER GRANTING 49 Motion to Appear Pro Hac Vice by Ezra Rosenberg. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
90

ORDER GRANTING 50 Motion to Appear Pro Hac Vice by Jon Greenbaum. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
91

ORDER GRANTING 51 Motion to Appear Pro Hac Vice by Jennifer Nwachukwu. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
92

ORDER GRANTING 53 Motion to Appear Pro Hac Vice by Stuart Naifeh. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
93

ORDER GRANTING 67 Motion to Appear Pro Hac Vice by Brenda Wright. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
94

ORDER GRANTING 46 Motion for Extension of Time to File Response/Reply on or before March 11, 2019. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER
95

ORDER GRANTING 59 Motion for Leave to File Excess Pages. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

March 6, 2019 PACER

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Jan. 29, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff League of United Latin American Citizens National (LULAC) is the oldest and largest national Latino civil rights organization in the United States. It is a non-profit organization with a presence in most of the fifty states including Texas. LULAC was founded in Texas with over 125,000 members nationwide and over 20,000 in Texas, on the principle of protecting Latino Civil Rights.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Secretary of State, State

County Voter Registrars and Elections Administrators, County

Attorney General, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $450,000

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Voting access

Discrimination-basis:

Immigration status

Race discrimination

Voting:

Voter qualifications

Voter registration rules

Immigration/Border:

Constitutional rights

National Origin/Ethnicity:

Hispanic