Case: MOVE Texas Civic Fund v. Whitley

5:19-cv-00171-FB | U.S. District Court for the Western District of Texas

Filed Date: 2019

Clearinghouse coding in progress

Case Summary

On February 4, 2019, MOVE Texas Civic Fund (MOVE Texas), Jolt Initiative, The League of Women’s Voters of Texas (LWVT) and the Texas State Conference of NAACP (Texas NAACP),filed this lawsuit in the Southern District Court of Texas. The plaintiffs sued the Texas Secretary of State, the Director of Elections of Texas, the Voter Register for Galveston County, the Elections Administrator for Caldwell County, the Tax Assessor-Collector and Voter Registrar for Blanco County, Elections Administrator …

On February 4, 2019, MOVE Texas Civic Fund (MOVE Texas), Jolt Initiative, The League of Women’s Voters of Texas (LWVT) and the Texas State Conference of NAACP (Texas NAACP),filed this lawsuit in the Southern District Court of Texas. The plaintiffs sued the Texas Secretary of State, the Director of Elections of Texas, the Voter Register for Galveston County, the Elections Administrator for Caldwell County, the Tax Assessor-Collector and Voter Registrar for Blanco County, Elections Administrator for Fayette County, and County Clerk and Voter Register for Washington County in their official capacities.under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, Texas Civil Rights Project, Demos and Lawyer’s Committee for Civil Rights, sought preliminary and injunctive relief as well as costs. The plaintiffs claimed that the defendant’s creation of a “Purge List” aimed at purging non-citizens from voting rolls disproportionately affects people of color. The plaintiffs claim that this was by design, and that the “Purge List” relied on faulty methodology and evidence that the Secretary of State’s own memo described as “weak”. The plaintiffs claim that using this list, notices were sent out requiring the receiver to respond within 30 days or face removal from the voting rolls, and many of those receiving notices were naturalized citizens. As a result, the plaintiffs requested for the court to declare the Secretary of State’s Advisory Memo laying out the procedures of the “Purge List” as unconstitutional, prevent any more notices from being sent, issue retractions for those notices that were sent, and restore all purged voters to the rolls until it can be conclusively proven they are non-citizens.

On February 6, 2019, an amended complaint was filed removing Texas NAACP as a plaintiff and adding a Texas Resident who is a naturalized citizen. On this same date a motion for preliminary injunction was filed. The motion cited that April 4, 2019 was the voter registration deadline for the primary elections in Texas, which could be affected by unlawful purging of citizens from voting rolls.

Before this motion could be decided, on February 22nd, 2019 the case was consolidated with two other cases concerning the “Purge List”: SA- 19-CA-i 59 and CA-i 71 -FB.

Summary Authors

Carter Powers Beggs (10/9/2019)

Related Cases

Texas League of United Latin American Citizens (LULAC) v. Whitley, Western District of Texas (2019)

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

People


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Bains, Chiraag (District of Columbia)

Buser-Clancy, Thomas Paul (Texas)

Downes, Brendan (District of Columbia)

Gonzalez, Joaquin Robert (Texas)

Greenbaum, Jon M. (District of Columbia)

Ho, Dale E. (New York)

Klosterboer, Brian (Texas)

Lakin, Sophia L. (New York)

Marziani, Mimi Murray Digby (Texas)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Bains, Chiraag (District of Columbia)

Buser-Clancy, Thomas Paul (Texas)

Downes, Brendan (District of Columbia)

Gonzalez, Joaquin Robert (Texas)

Greenbaum, Jon M. (District of Columbia)

Ho, Dale E. (New York)

Klosterboer, Brian (Texas)

Lakin, Sophia L. (New York)

Marziani, Mimi Murray Digby (Texas)

Naifeh, Stuart (New York)

Nwachukwu, Jennifer (District of Columbia)

Rosenberg, Ezra D (District of Columbia)

Saldivar, Edgar (Texas)

Segura, Andre (Texas)

Stevens, Rebecca (Texas)

Wright, Brenda (New York)

Attorneys(s) for Defendant

Arnold, Philip Barr (Texas)

Boemer, Robert Barron (Texas)

Sweeten, Patrick Kinney (Texas)

Willey, Barry C (Texas)

Willey [inactive], Barry C. (Texas)

Documents in the Clearinghouse

Document

5:19-cv-00171

Docket [PACER]

April 29, 2019

April 29, 2019

Docket
1

5:19-cv-00171

Complaint

Feb. 4, 2019

Feb. 4, 2019

Complaint
10

5:19-cv-00171

Plaintiffs' Motion for Preliminary Injunction

MOVE Texas Civic Fund V. Whitley

U.S. District Court for the Southern District of Texas

Feb. 6, 2019

Feb. 6, 2019

Pleading / Motion / Brief
7

5:19-cv-00171

First Amended Complaint

U.S. District Court for the Southern District of Texas

Feb. 6, 2019

Feb. 6, 2019

Complaint
52

5:19-cv-00171

Order of Consolidation

Texas League of United Latin American Citizens v. Whitley

Feb. 22, 2019

Feb. 22, 2019

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541−21786534) filed by League of Women Voters of Texas, JOLT Initiative, MOVE Texas Civic Fund, Texas State Conference of NAACP Units. (Attachments: # 1 Complaint)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

2

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

3

MOTION for Brenda Wright to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

4

MOTION for Chiragg Bains to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

5

MOTION for Stuart Naifeh to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

6

NOTICE of Related Cases by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

7

First AMENDED COMPLAINT against All Defendants filed by League of Women Voters of Texas, JOLT Initiative, MOVE Texas Civic Fund.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

8

Request for Issuance of Summons as to Elections Administrator for Harrison County, Karen Nelson, Janet Torres, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

9

STATEMENT regarding request for expedited schedule by League of Women Voters of Texas, MOVE Texas Civic Fund, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

10

MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, filed. Motion Docket Date 2/27/2019. (Attachments: # 1 Affidavit of Christopher Clay, # 2 Affidavit Hilliard Drew Galloway, # 3 Affidavit Grace Chimene, # 4 Affidavit Nivien Saleh, # 5 Affidavit Dr. Daniel Smith, # 6 Proposed Order)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

Summons Issued as to Terri Hefner, Keith Ingram, Cheryl Johnson, Pamela Ohlendorf, Beth Rothermel, Kirsten Spies, David Whitley. Issued summons delivered to plaintiff by First−class mail, filed.(agould, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

11

ORDER granting 5 Motion for Stuart Naifeh to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

12

ORDER granting 4 Motion for Chiraag Bains to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

13

ORDER granting 3 Motion for Brenda Wright to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

14

ORDER Setting Hearing on Motion 10 MOTION for Preliminary Injunction : Motion Hearing set for 2/22/2019 at 01:30 PM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

15

MOTION for Brendan Downes to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

16

MOTION for Ezra Rosenberg to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

17

MOTION for Dale Ho to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

18

MOTION for Sophia Lakin to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

19

WAIVER OF SERVICE Returned Executed as to Keith Ingram served on 2/8/2019, answer due 4/9/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

20

WAIVER OF SERVICE Returned Executed as to David Whitley served on 2/8/2019, answer due 4/9/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

21

ORDER granting 18 Motion for Sophia Lin Lakin to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

22

ORDER granting 17 Motion for Dale E. Ho to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

23

ORDER granting 16 Motion for Ezra Rosenberg to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

24

ORDER granting 15 Motion for Brendan Downes to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 11, 2019

Feb. 11, 2019

25

NOTICE of Letter re: Notice to Defendants of Court's Scheduling Order and Request for Expedited Briefing Schedule re: 10 MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

27

MOTION to Dismiss by Keith Ingram, David Whitley, filed. Motion Docket Date 3/5/2019. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

28

NOTICE of Appearance by ROBERT B. BOEMER, BARRY C. WILLEY on behalf of Cheryl Johnson, filed. (Boemer, Robert) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

29

WAIVER OF SERVICE Returned Executed as to Cheryl Johnson served on 2/8/2019, answer due 4/9/2019, filed.(Boemer, Robert) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

30

MOTION for Jennifer Nwachukwu to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/5/2019. (Segura, Andre) (Attachment # 1 Order PHV) (SusanGram, 3).[Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

31

RETURN of Service of SUMMONS Executed as to Beth Rothermel served on 2/11/2019, answer due 3/4/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

32

RETURN of Service of SUMMONS Executed as to Karen Nelson served on 2/12/2019, answer due 3/5/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

33

RETURN of Service of SUMMONS Executed as to Pamela Ohlendorf served on 2/12/2019, answer due 3/5/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

34

SUPPLEMENT to 10 MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Attachments: # 1 Affidavit of Ryan V. Cox, # 2 Affidavit of Rachel Dosch)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

35

NOTICE by Keith Ingram, David Whitley, filed. (Sweeten, Patrick) . [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

36

NOTICE of Setting as to 35 REQUEST for pre−motion conference. Parties notified. Pre−Motion Conference set for 2/20/2019 at 09:00 AM by telephone before Judge George C Hanks Jr, filed. (jegonzalez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

37

RESPONSE to State Defendants' Notice Dkt. No. 35 , filed by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

38

MOTION for Mimi Marziani to Appear Pro Hac Vice by MOVE Texas Civic Fund, filed. Motion Docket Date 3/12/2019. (Stevens, Rebecca) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

39

MOTION for Joaquin Robert Gonzalez to Appear Pro Hac Vice by MOVE Texas Civic Fund, filed. Motion Docket Date 3/12/2019. (Attachments: # 1 Proposed Order)(Stevens, Rebecca) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

40

Second SUPPLEMENT to 10 MOTION for Preliminary Injunction by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

41

NOTICE of Letter Regarding Possible Transfer re: 36 Notice of Setting by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

43

SUPPLEMENT to 10 MOTION for Preliminary Injunction by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, filed.(Wright, Brenda) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

44

NOTICE of Status of Preliminary Injunction Hearing by Keith Ingram, David Whitley, filed. (Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

45

NOTICE of Status Update Regarding Possible Transfer re: 36 Notice of Setting by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

46

NOTICE of Appearance by Todd Lawrence Disher, Michael C. Toth, Rola Daaboul, Christopher D. Hilton, Haley O'Neill on behalf of Keith Ingram, David Whitley, filed. (Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

47

NOTICE of Setting. Parties notified. Status Conference set for 2/21/2019 at 04:15 PM (Central Time Zone) by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

48

ORDER TO TRANSFER CASE to Western District of Texas, San Antonio Division (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

Interdistrict transfer to Western District of Texas, San Antonio Division. Case transferred electronically. Case terminated on 2/21/19, filed. (dperez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

49

Case electronically transferred in from Southern District of Texas; Case Number 3:19−cv−00041. (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

50

MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Andre Ivan Segura ( Filing fee $ 100 receipt number 0542−11797797) 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

Feb. 22, 2019

51

MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Brian Klosterboer ( Filing fee $ 100 receipt number 0542−11797824) 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

Feb. 22, 2019

52

ORDER OF CONSOLIDATION. All fillings are to be made into lead case 5:19−cv−74 Signed by Judge Fred Biery. (mgr) Modified on 2/22/2019, to edit text (mgr). (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

53

ORDER GRANTING JOINT MOTION TO DISMISS. Signed by Judge Fred Biery. (kh) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: 2019