Case: Voto Latino Foundation v. Hobbs

2:19-cv-05685 | U.S. District Court for the District of Arizona

Filed Date: Nov. 26, 2019

Clearinghouse coding complete

Case Summary

COVID-19 summary: Two organizations filed this action in November 2010 to challenge Arizona’s Election Day Receipt Deadline, which required mail-in ballots to be received by county election officials before 7 PM on Election Day. The plaintiffs sought declaratory relief and a permanent injunction enjoining the defendants from rejecting ballots postmarked by Election Day that arrive within five business days of Election Day. The plaintiff later argued that COVID-19 increased the burdens on voters…

COVID-19 summary: Two organizations filed this action in November 2010 to challenge Arizona’s Election Day Receipt Deadline, which required mail-in ballots to be received by county election officials before 7 PM on Election Day. The plaintiffs sought declaratory relief and a permanent injunction enjoining the defendants from rejecting ballots postmarked by Election Day that arrive within five business days of Election Day. The plaintiff later argued that COVID-19 increased the burdens on voters. The parties entered into a settlement on June 18, 2020. Under the terms of the settlement, the Election Day deadline remained but the defendant agreed to expand their efforts for voter outreach. On June 19, the court deemed the pending claims moot and dismissed all claims .


On November 26, 2019, two organizations filed a suit against the Arizona Secretary of State to challenge Arizona’s Election Day Receipt Deadline, which requires mail-in ballots to be received by county election officials before 7 PM on Election Day. Under Arizona law, individuals may vote up to 27 days before the election. Arizona voters may also choose to automatically receive a mail ballot, and 80% of Arizonans vote early. However, these ballots are subject to the Election Day Receipt Deadline, which requires the mail-in ballots to be received by 7 PM on Election Day, or by the time the polls close.

The plaintiffs brought this case as a declaratory action under 28 U.S.C. §§ 2201-02 and as an injunctive action under 42 U.S.C. § 1983, alleging that the deadline violated the First and Fourteenth Amendments. Specifically, the plaintiffs alleged that the state’s failure to count the votes of those who lawfully mailed their ballots before or on Election Day but were not received before the polls close through no fault of their own placed an undue burden on otherwise eligible voters and denied procedural due process. The plaintiffs also argued that the barriers to voting disproportionately impacted Hispanic and Latino voters in violation of section 2 of the Voting Rights Act. The plaintiffs sought declaratory and injunctive relief to enjoin the defendants from rejecting ballots postmarked by Election Day that arrive within five business days of Election Day. The plaintiffs, represented by private attorneys, also sought attorney fees. The case was assigned to District Court Judge Dominic Lanza.

The plaintiffs amended the complaint on December 2, 2019 to strike the request for declaratory relief declaring that the Election Day Receipt Deadline disparately impacted Hispanic and Latino voters and violated Section 2 of the Voting Rights Act. On February 3, 2020, the Arizona Secretary of State moved to dismiss the amended complaint. The defendant argued that the plaintiffs lacked organizational standing and that the Eleventh Amendment barred the plaintiffs’ claims. The defendant also argued that the Election Day Receipt Deadline posed little imposition on the plaintiffs’ right to vote and was justified by the state’s interest to ensure a fair election and to count the votes within a reasonable time.

The plaintiffs filed a second amended complaint on February 24, 2020. The following day, the plaintiffs sought a preliminary injunction, pertaining to the election in November 2020. In response, the defendant filed an emergency motion to stay the case on March 4 and to extend the 14-day deadline to respond to the plaintiffs’ preliminary injunction motion. On March 13, the defendant’s stay was granted in part. 2020 WL 1236352. On March 20, the defendant filed a motion to dismiss the plaintiffs’ second amended complaint.

In their response in April 2020, the plaintiffs argued that the Election Day Receipt Deadline imposes a cutoff that voters will miss due to unreliable and slow mail service in Arizona as well as the inconsistent messaging on these deadlines. At the same time, COVID-19 has rendered in-person delivery of those mail ballots unrealistic.

The parties entered into a settlement on June 18, 2020. Under the terms of the settlement, the Election Day deadline remained. However, the defendant agreed to continue to expand their efforts to address late returns, such as voter outreach and funding for counties to increase early voting opportunities. On June 19, all claims were dismissed. The plaintiffs’ motion for a preliminary injunction and the defendant’s motion to dismiss were denied as moot, with each party responsible for its own costs and attorney fees.

Summary Authors

Averyn Lee (7/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16517605/parties/voto-latino-foundation-v-hobbs/


Judge(s)

Lanza, Dominic William None (Arizona)

Attorneys(s) for Plaintiff

Callais, Amanda R. (District of Columbia)

Danneman, Alexis Elizabeth (Arizona)

Devaney, John M. (District of Columbia)

Elias, Marc Erik (District of Columbia)

Ford, Christina A. (District of Columbia)

Gonski, Sarah Rae (Arizona)

Newkirk, Zachary (District of Columbia)

Romney, Dustin Dane (Arizona)

Smith, K’Shaani O (District of Columbia)

Judge(s)

Lanza, Dominic William None (Arizona)

Attorneys(s) for Plaintiff

Callais, Amanda R. (District of Columbia)

Danneman, Alexis Elizabeth (Arizona)

Devaney, John M. (District of Columbia)

Elias, Marc Erik (District of Columbia)

Ford, Christina A. (District of Columbia)

Gonski, Sarah Rae (Arizona)

Newkirk, Zachary (District of Columbia)

Romney, Dustin Dane (Arizona)

Smith, K’Shaani O (District of Columbia)

Attorneys(s) for Defendant

Brnovich, Mark (Arizona)

Cone-Roddy, Emma Jane (Arizona)

Karlson, Kara (Arizona)

O'Grady, Mary Ruth (Arizona)

Wilson, Linley Sarah (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

June 19, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

Nov. 26, 2019 Complaint
11

Amended Complaint for Declaratory and Injunctive Relief

Dec. 2, 2019 Complaint
17

Arizona Secretary of State's Motion to Dismiss

Feb. 3, 2020 Pleading / Motion / Brief
21

Second Amended Complaint for Declaratory and Injunctive Relief

Feb. 24, 2020 Complaint
22 (& 22-1 to 22-15)

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction

Feb. 25, 2020 Pleading / Motion / Brief
26

Arizona Secretary of State's Expedited Motion to Stay Consideration of Plaintiffs' Motion for Preliminary Injunction or in the Alternative an Extension of Time

March 4, 2020 Pleading / Motion / Brief
29

Order

2020 WL 1236352

March 13, 2020 Order/Opinion
30

Arizona Secretary of State's Motion to Dismiss Plaintiffs' Second Amended Complaint

March 20, 2020 Pleading / Motion / Brief
32

Plaintiffs' Supplemental Memorandum of Points and Authorities Related to Covid-19 in Support of Plaintiffs' Motion for Preliminary Injunction

April 14, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Voto Latino Inc. v. Hobbs

Ohio State University Moritz College of Law

Issue: Whether Arizona's deadline for voters to submit their early ballots by mail is constitutional May 20, 2020 https://moritzlaw.osu.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16517605/voto-latino-foundation-v-hobbs/

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

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17673309 filed by Voto Latino Incorporated and Priorities USA. (Gonski, Sarah) (Attachments: # 1 Civil Cover Sheet)(MYE) (Entered: 11/26/2019)

1 Civil Cover Sheet

View on PACER

Nov. 26, 2019 RECAP
2

SUMMONS Submitted by Voto Latino Incorporated and Priorities USA. (Gonski, Sarah) (MYE) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
3

Filing fee paid, receipt number 0970-17673309. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-19-5685-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
4

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MYE) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
5

Summons Issued as to Katie Hobbs. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/26/2019)

Nov. 26, 2019 PACER
6

NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Voto Latino Incorporated and Priorities USA. (MYE) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
7

Corporate Disclosure Statement by Voto Latino Incorporated. (Gonski, Sarah) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
8

Corporate Disclosure Statement by Priorities USA. (Gonski, Sarah) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
9

PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on February 25, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/26/19. (Attachments: # 1 Notice - MIDP, # 2 MIDP User Manual)(MAW) (Entered: 11/26/2019)

1 Notice - MIDP

View on PACER

2 MIDP User Manual

View on PACER

Nov. 26, 2019 PACER

Remark: Pro hac vice motion(s) granted for Marc E Elias and John M Devaney on behalf of Plaintiffs Priorities USA and Voto Latino Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 27, 2019 PACER

Remark re Pro Hac Vice Motion

Nov. 27, 2019 PACER

Remark: Pro hac vice motion(s) granted for Amanda Rebecca Callais on behalf of Plaintiffs Priorities USA, Voto Latino Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 27, 2019 PACER
10

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Priorities USA, Voto Latino Incorporated . (Gonski, Sarah) (Entered: 12/02/2019)

Dec. 2, 2019 RECAP
11

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Voto Latino Incorporated, Priorities USA.(Gonski, Sarah) (Entered: 12/02/2019)

Dec. 2, 2019 PACER
12

NOTICE of Appearance by Kara Karlson on behalf of Katie Hobbs. (Karlson, Kara) (Entered: 12/03/2019)

Dec. 3, 2019 PACER

Remark re Pro Hac Vice Motion

Dec. 3, 2019 PACER

Remark: Pro hac vice motion(s) granted for Christina A Ford and K'Shaani O Smith on behalf of Plaintiffs Priorities USA and Voto Latino Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 3, 2019 PACER
13

NOTICE re: Compliance with Court's Preliminary Order by Priorities USA, Voto Latino Incorporated . (Gonski, Sarah) (Entered: 12/03/2019)

Dec. 3, 2019 PACER
14

SERVICE EXECUTED filed by Priorities USA, Voto Latino Incorporated: Rule 4 Waiver of Service of Summons. Waiver sent on 12/03/2019 to Secretary of State Katie Hobbs . (Gonski, Sarah) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
15

NOTICE OF ATTORNEY APPEARANCE: Linley Wilson appearing for Katie Hobbs. . (Wilson, Linley) (Entered: 12/31/2019)

Dec. 31, 2019 PACER
16

NOTICE of Appearance by Mary Ruth OGrady on behalf of Katie Hobbs. (OGrady, Mary) (Entered: 01/06/2020)

Jan. 6, 2020 PACER
17

MOTION to Dismiss Case by Katie Hobbs. (Karlson, Kara) (Entered: 02/03/2020)

Feb. 3, 2020 RECAP

Remark re Pro Hac Vice Motion

Feb. 18, 2020 PACER

Remark: Pro hac vice motion(s) granted for Zachary Newkirk on behalf of Plaintiffs Priorities USA and Voto Latino Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 18, 2020 PACER
18

NOTICE of Appearance by Alexis Elizabeth Danneman on behalf of Priorities USA, Voto Latino Incorporated. (Danneman, Alexis) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
19

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Priorities USA, Voto Latino Incorporated . (Attachments: # 1 Exhibit A-Blacklined Second Amended Complaint)(Danneman, Alexis) (Entered: 02/24/2020)

1 Exhibit A-Blacklined Second Amended Complaint

View on PACER

Feb. 24, 2020 PACER
20

STIPULATION to Extend Filing Deadlines for Motion to Dismiss and for Plaintiffs' Filing of a Second Amended Complaint by Priorities USA, Voto Latino Incorporated. (Attachments: # 1 Text of Proposed Order)(Danneman, Alexis) (Entered: 02/24/2020)

1 Text of Proposed Order

View on PACER

Feb. 24, 2020 PACER
21

AMENDED COMPLAINT against Katie Hobbs filed by Voto Latino Incorporated, Priorities USA, Shelby Aguallo.(Danneman, Alexis) (Entered: 02/24/2020)

Feb. 24, 2020 RECAP
22

MOTION for Preliminary Injunction by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 - Declaration of Shelby Aguallo, # 3 Exhibit 2 - Declaration of Carmen Arias, # 4 Exhibit 3 - Declaration of Jacob Armour, # 5 Exhibit 4 - Declaration of Elizabeth Bixby, # 6 Exhibit 5 - Declaration of Guy Cecil, # 7 Exhibit 6 - Declaration of Gerardina Figueroa, # 8 Exhibit 7 - Declaration of Leslea Johnson, # 9 Exhibit 8 - Declaration of Scott Konopasek, # 10 Exhibit 9 - Declaration of Maria Teresa Kumar, # 11 Exhibit 10 - Declaration of Senator Martin Quezada, # 12 Exhibit 11 - Declaration of DJ Quinlan, # 13 Exhibit 12 - Declaration of Kiersten Schneider, # 14 Exhibit 13 - Declaration of Jon Sutton, # 15 Text of Proposed Order)(Danneman, Alexis) (Entered: 02/25/2020)

1 Exhibit Index of Exhibits

View on PACER

2 Exhibit 1 - Declaration of Shelby Aguallo

View on PACER

3 Exhibit 2 - Declaration of Carmen Arias

View on PACER

4 Exhibit 3 - Declaration of Jacob Armour

View on PACER

5 Exhibit 4 - Declaration of Elizabeth Bixby

View on PACER

6 Exhibit 5 - Declaration of Guy Cecil

View on PACER

7 Exhibit 6 - Declaration of Gerardina Figueroa

View on PACER

8 Exhibit 7 - Declaration of Leslea Johnson

View on PACER

9 Exhibit 8 - Declaration of Scott Konopasek

View on PACER

10 Exhibit 9 - Declaration of Maria Teresa Kumar

View on PACER

11 Exhibit 10 - Declaration of Senator Martin Quezada

View on PACER

12 Exhibit 11 - Declaration of DJ Quinlan

View on PACER

13 Exhibit 12 - Declaration of Kiersten Schneider

View on PACER

14 Exhibit 13 - Declaration of Jon Sutton

View on PACER

15 Text of Proposed Order

View on PACER

Feb. 25, 2020 RECAP
23

DECLARATION of John Devaney re: 22 MOTION for Preliminary Injunction by Plaintiffs Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Exhibit 1 to Declaration of John Devaney, # 2 Exhibit 2 to Declaration of John Devaney, # 3 Exhibit 3 to Declaration of John Devaney, # 4 Exhibit 4 to Declaration of John Devaney, # 5 Exhibit 5 to Declaration of John Devaney, # 6 Exhibit 6 to Declaration of John Devaney, # 7 Exhibit 7 to Declaration of John Devaney, # 8 Exhibit 8 to Declaration of John Devaney, # 9 Exhibit 9 to Declaration of John Devaney, # 10 Exhibit 10 to Declaration of John Devaney, # 11 Exhibit 11 to Declaration of John Devaney, # 12 Exhibit 12 to Declaration of John Devaney, # 13 Exhibit 13 to Declaration of John Devaney, # 14 Exhibit 14 to Declaration of John Devaney, # 15 Exhibit 15 to Declaration of John Devaney, # 16 Exhibit 16 to Declaration of John Devaney, # 17 Exhibit 17 to Declaration of John Devaney, # 18 Exhibit 18 to Declaration of John Devaney, # 19 Exhibit 19 to Declaration of John Devaney, # 20 Exhibit 20 to Declaration of John Devaney)(Danneman, Alexis) (Entered: 02/25/2020)

1 Exhibit 1 to Declaration of John Devaney

View on PACER

2 Exhibit 2 to Declaration of John Devaney

View on PACER

3 Exhibit 3 to Declaration of John Devaney

View on PACER

4 Exhibit 4 to Declaration of John Devaney

View on PACER

5 Exhibit 5 to Declaration of John Devaney

View on PACER

6 Exhibit 6 to Declaration of John Devaney

View on PACER

7 Exhibit 7 to Declaration of John Devaney

View on PACER

8 Exhibit 8 to Declaration of John Devaney

View on PACER

9 Exhibit 9 to Declaration of John Devaney

View on PACER

10 Exhibit 10 to Declaration of John Devaney

View on PACER

11 Exhibit 11 to Declaration of John Devaney

View on PACER

12 Exhibit 12 to Declaration of John Devaney

View on PACER

13 Exhibit 13 to Declaration of John Devaney

View on PACER

14 Exhibit 14 to Declaration of John Devaney

View on PACER

15 Exhibit 15 to Declaration of John Devaney

View on PACER

16 Exhibit 16 to Declaration of John Devaney

View on PACER

17 Exhibit 17 to Declaration of John Devaney

View on PACER

18 Exhibit 18 to Declaration of John Devaney

View on PACER

19 Exhibit 19 to Declaration of John Devaney

View on PACER

20 Exhibit 20 to Declaration of John Devaney

View on PACER

Feb. 25, 2020 PACER
24

ORDER: IT IS ORDERED that the parties' stipulation (Doc. 20 ) is granted. Defendant shall respond to the SAC by March 20, 2020. The motion to dismiss (Doc. 17 ) is denied as moot [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/26/20. (MAW) (Entered: 02/26/2020)

Feb. 26, 2020 RECAP
25

NOTICE of Appearance by Dustin Dane Romney on behalf of Katie Hobbs. (Romney, Dustin) (Entered: 02/27/2020)

Feb. 27, 2020 PACER
26

Emergency MOTION to Stay re: 22 MOTION for Preliminary Injunction or Alternative Relief by Katie Hobbs. (Attachments: # 1 Text of Proposed Order)(Karlson, Kara) (Entered: 03/04/2020)

1 Text of Proposed Order

View on PACER

March 4, 2020 PACER
27

ORDER: IT IS ORDERED that Plaintiffs shall file an expedited response to the motion to stay by March 11, 2020. Defendants will not be required to respond to the motion for preliminary injunction pending resolution of the motion to stay [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/5/20. (MAW) (Entered: 03/05/2020)

March 5, 2020 RECAP
28

RESPONSE in Opposition re: 26 Emergency MOTION to Stay re: 22 MOTION for Preliminary Injunction or Alternative Relief filed by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Callais, Amanda) (Entered: 03/11/2020)

March 11, 2020 PACER
29

ORDER: IT IS ORDERED that: (1) The Secretary's emergency motion for stay (Doc. 26 ) is granted in part and denied in part. The briefing schedule for the two motions will be as follows. (2) As for the Secretary's motion to dismiss the second amended complaint, the motion must be filed by March 20, 2020. (Doc. 24 .) Because some of the Secretary's arguments may pertain to subject matter jurisdiction, Plaintiffs shall have 30 days (i.e., until April 20, 2020) to file a response. See LRCiv 12.1(b). The Secretary may file a reply within 7 days of receipt of the response. (3) As for Plaintiffs' pending motion for a preliminary injunction (Doc. 22 ), the Secretary shall have until April 20, 2020 to file a response [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/13/20. (MAW) (Entered: 03/13/2020)

March 13, 2020 RECAP
30

MOTION to Dismiss Case by Katie Hobbs. (Karlson, Kara) (Entered: 03/20/2020)

March 20, 2020 RECAP
31

MOTION for Leave to File Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Text of Proposed Order)(Callais, Amanda) (Entered: 04/14/2020)

1 Text of Proposed Order

View on PACER

April 14, 2020 PACER
32

*Filed at Doc. 35 pursuant to text-only order Doc. 34 -- LODGED Proposed Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction re: 31 MOTION for Leave to File Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Callais, Amanda) *Modified on 4/15/2020 (WLP). (Entered: 04/14/2020)

April 14, 2020 PACER
33

*Declaration of John Devaney in Support of 35 Plaintiffs' Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction Filed by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Exhibit 1 to Declaration of John Devaney, # 2 Exhibit 2 to Declaration of John Devaney, # 3 Exhibit 3 to Declaration of John Devaney, # 4 Exhibit 4 to Declaration of John Devaney, # 5 Exhibit 5 to Declaration of John Devaney, # 6 Exhibit 6 to Declaration of John Devaney, # 7 Exhibit 7 to Declaration of John Devaney, # 8 Exhibit 8 to Declaration of John Devaney, # 9 Exhibit 9 to Declaration of John Devaney, # 10 Exhibit 10 to Declaration of John Devaney, # 11 Exhibit 11 to Declaration of John Devaney, # 12 Exhibit 12 to Declaration of John Devaney, # 13 Exhibit 13 to Declaration of John Devaney, # 14 Exhibit 14 to Declaration of John Devaney, # 15 Exhibit 15 to Declaration of John Devaney, # 16 Exhibit 16 to Declaration of John Devaney, # 17 Exhibit 17 to Declaration of John Devaney, # 18 Exhibit 18 to Declaration of John Devaney, # 19 Exhibit 19 to Declaration of John Devaney, # 20 Exhibit 20 to Declaration of John Devaney, # 21 Exhibit 21 to Declaration of John Devaney, # 22 Exhibit 22 to Declaration of John Devaney, # 23 Exhibit 23 to Declaration of John Devaney, # 24 Exhibit 24 to Declaration of John Devaney, # 25 Exhibit 25 to Declaration of John Devaney, # 26 Exhibit 26 to Declaration of John Devaney, # 27 Exhibit 27 to Declaration of John Devaney, # 28 Exhibit 28 to Declaration of John Devaney, # 29 Exhibit 29 to Declaration of John Devaney, # 30 Exhibit 30 to Declaration of John Devaney, # 31 Exhibit 31 to Declaration of John Devaney, # 32 Exhibit 32 to Declaration of John Devaney, # 33 Exhibit 33 to Declaration of John Devaney, # 34 Exhibit 34 to Declaration of John Devaney, # 35 Exhibit 35 to Declaration of John Devaney, # 36 Exhibit 36 to Declaration of John Devaney, # 37 Exhibit 37 to Declaration of John Devaney)(Callais, Amanda) *Modified from lodged to filed per Order 34 ; NEF regenerated on 4/15/2020 (WLP)/(SCH). (Entered: 04/14/2020)

1 Exhibit 1 to Declaration of John Devaney

View on PACER

2 Exhibit 2 to Declaration of John Devaney

View on PACER

3 Exhibit 3 to Declaration of John Devaney

View on PACER

4 Exhibit 4 to Declaration of John Devaney

View on PACER

5 Exhibit 5 to Declaration of John Devaney

View on PACER

6 Exhibit 6 to Declaration of John Devaney

View on PACER

7 Exhibit 7 to Declaration of John Devaney

View on PACER

8 Exhibit 8 to Declaration of John Devaney

View on PACER

9 Exhibit 9 to Declaration of John Devaney

View on PACER

10 Exhibit 10 to Declaration of John Devaney

View on PACER

11 Exhibit 11 to Declaration of John Devaney

View on PACER

12 Exhibit 12 to Declaration of John Devaney

View on PACER

13 Exhibit 13 to Declaration of John Devaney

View on PACER

14 Exhibit 14 to Declaration of John Devaney

View on PACER

15 Exhibit 15 to Declaration of John Devaney

View on PACER

16 Exhibit 16 to Declaration of John Devaney

View on PACER

17 Exhibit 17 to Declaration of John Devaney

View on PACER

18 Exhibit 18 to Declaration of John Devaney

View on PACER

19 Exhibit 19 to Declaration of John Devaney

View on PACER

20 Exhibit 20 to Declaration of John Devaney

View on PACER

21 Exhibit 21 to Declaration of John Devaney

View on PACER

22 Exhibit 22 to Declaration of John Devaney

View on PACER

23 Exhibit 23 to Declaration of John Devaney

View on PACER

24 Exhibit 24 to Declaration of John Devaney

View on PACER

25 Exhibit 25 to Declaration of John Devaney

View on PACER

26 Exhibit 26 to Declaration of John Devaney

View on PACER

27 Exhibit 27 to Declaration of John Devaney

View on PACER

28 Exhibit 28 to Declaration of John Devaney

View on PACER

29 Exhibit 29 to Declaration of John Devaney

View on PACER

30 Exhibit 30 to Declaration of John Devaney

View on PACER

31 Exhibit 31 to Declaration of John Devaney

View on PACER

32 Exhibit 32 to Declaration of John Devaney

View on PACER

33 Exhibit 33 to Declaration of John Devaney

View on PACER

34 Exhibit 34 to Declaration of John Devaney

View on PACER

35 Exhibit 35 to Declaration of John Devaney

View on PACER

36 Exhibit 36 to Declaration of John Devaney

View on PACER

37 Exhibit 37 to Declaration of John Devaney

View on PACER

April 15, 2020 PACER

Order on Motion for Leave to File

April 15, 2020 PACER
34

ORDER: IT IS ORDERED that Plaintiffs' unopposed motion for leave to file a supplemental memorandum (Doc. 31 ) is granted. The Clerk of Court shall file the supplemental memorandum, which is lodged at Doc. 32, and the supporting documents lodged at Doc. 33. The deadline for Defendants to respond to the motion for preliminary injunction is extended to April 27, 2020, and the response may exceed the page limit by up to 12 pages, if necessary. No separate response to the supplemental memorandum will be permitted. Ordered by Judge Dominic W Lanza on 4/15/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/15/2020)

April 15, 2020 PACER
35

Supplemental MEMORANDUM of Points and Authorities in Support of 22 MOTION for Preliminary Injunction by Plaintiffs Shelby Aguallo, Priorities USA, Voto Latino Foundation. (WLP) (Entered: 04/15/2020)

April 15, 2020 RECAP
36

RESPONSE in Opposition re: 30 MOTION to Dismiss Case filed by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Callais, Amanda) (Entered: 04/20/2020)

April 20, 2020 RECAP
37

First MOTION for Extension of Time Seven-Day Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction and Supplemental Memorandum by Katie Hobbs. (Attachments: # 1 Text of Proposed Order Proposed Order)(Wilson, Linley) (Entered: 04/23/2020)

1 Text of Proposed Order Proposed Order

View on PACER

April 23, 2020 PACER

Order on Motion for Extension of Time

April 23, 2020 PACER
38

ORDER: IT IS ORDERED that the Arizona Secretary of State's unopposed motion for extension of time (Doc. 37 ) is granted. The Secretary's response shall be filed on or before May 4, 2020. Ordered by Judge Dominic W Lanza on 4/23/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/23/2020)

April 23, 2020 PACER
39

NOTICE re: Joint Notice as to Available Dates for Hearing by Priorities USA, Voto Latino Foundation . (Danneman, Alexis) (Entered: 04/27/2020)

April 27, 2020 RECAP
40

*WITHDRAWN pursuant to Doc. 41 - REPLY re: 30 MOTION to Dismiss Case Arizona Secretary of State's Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint by Defendant Katie Hobbs. (Wilson, Linley) *Modified on 4/28/2020 (WLP). (Entered: 04/27/2020)

April 27, 2020 PACER
41

*REPLY to Response to Motion re: 30 MOTION to Dismiss Case and NOTICE of Withdrawal re: 40 filed by Katie Hobbs. (Attachments: # 1 Exhibit Arizona Secretary of State's Reply in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint)(Wilson, Linley) *Modified text on 4/27/2020 (SLQ). (Entered: 04/27/2020)

1 Exhibit Arizona Secretary of State's Reply in Support of Motion to Dismiss

View on PACER

April 27, 2020 PACER
42

ORDER: The parties' joint notice (Doc. 39 ) states that the parties are available for a hearing on May 21, 2020 and further states that "the parties are conferring to discuss whether an evidentiary hearing is necessary" and "whether a telephonic or video-conferenced oral argument or hearing would be feasible." Accordingly, IT IS ORDERED that a hearing is set for May 21, 2020 at 9:30 a.m. (Arizona time) regarding 22 MOTION for Preliminary Injunction and 30 MOTION to Dismiss. For the time being, this will be set as a telephonic motion hearing. If the parties wish to convert it to an evidentiary hearing and/or pursue video-conferencing options, they shall alert the Court as soon as practicable. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes before the scheduled hearing. Counsel are advised that speaker phones or cell phones are not permitted. Ordered by Judge Dominic W Lanza on 4/29/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/29/2020)

April 29, 2020 PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

April 29, 2020 PACER

Order

April 29, 2020 PACER
43

RESPONSE to Motion re: 22 MOTION for Preliminary Injunction Arizona Secretary of State's Response in Opposition to Motion for Preliminary Injunction filed by Katie Hobbs. (Wilson, Linley) (Entered: 05/04/2020)

May 4, 2020 PACER
44

DECLARATION of Linley Wilson re: 43 Response to Motion Declaration of Linley Wilson in Support of Response in Opposition to Motion for Preliminary Injunction by Defendant Katie Hobbs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wilson, Linley) (Entered: 05/04/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

May 4, 2020 PACER
45

First MOTION for Extension of Time Extension of time by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Text of Proposed Order)(Danneman, Alexis) (Entered: 05/11/2020)

1 Text of Proposed Order

View on PACER

May 11, 2020 PACER

Order on Motion for Extension of Time

May 11, 2020 PACER
46

ORDER: IT IS ORDERED that Plaintiffs' unopposed motion for a one-day extension of time (Doc. 45 ) is granted. The deadline for Plaintiffs to file a reply in support of their motion for preliminary injunction and supplemental memorandum is extended to May 12, 2020. Ordered by Judge Dominic W Lanza on 5/11/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/11/2020)

May 11, 2020 PACER
47

REPLY to Response to Motion re: 22 MOTION for Preliminary Injunction filed by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Danneman, Alexis) (Entered: 05/12/2020)

May 12, 2020 PACER
48

DECLARATION of John Devaney re: 47 Reply to Response to Motion by Plaintiffs Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Exhibit A to Declaration of John Devaney, # 2 Exhibit B to Declaration of John Devaney, # 3 Exhibit C to Declaration of John Devaney)(Danneman, Alexis) (Entered: 05/12/2020)

1 Exhibit A to Declaration of John Devaney

View on PACER

2 Exhibit B to Declaration of John Devaney

View on PACER

3 Exhibit C to Declaration of John Devaney

View on PACER

May 12, 2020 PACER
49

ORDER: A hearing has been set for 9:30 a.m. on May 21, 2020. (Doc. 42 .) Several weeks ago, the parties filed a notice explaining that they were in the process of meeting and conferring about the precise nature of that hearing. (Doc. 39 .) Accordingly, the parties are ordered to file an updated joint notice concerning those matters by May 15, 2020. The updated notice should address (1) whether the hearing will include the presentation of evidence, (2) the parties' positions on whether the hearing should be held telephonically, via video-conference, or in some other fashion, (3) how much time should be allotted for the hearing, and (4) any other matters the parties wish to raise. The parties are advised that, if they wish to proceed via video-conference, the hearing may need to be rescheduled due to the limited availability of video-conferencing equipment at the court. Ordered by Judge Dominic W Lanza on 5/13/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/13/2020)

May 13, 2020 PACER

~Util - Set Deadlines

May 13, 2020 PACER

Order

May 13, 2020 PACER
50

NOTICE re: as to May 21, 2020 Hearing by Shelby Aguallo, Priorities USA, Voto Latino Foundation . (Danneman, Alexis) (Entered: 05/14/2020)

May 14, 2020 RECAP
51

ORDER: The Court has reviewed the parties' Notice/Stipulation Regarding May 21, 2020 Hearing (Doc. 50 ), which requests the hearing be held by video teleconference (VTC) on the scheduled hearing date of May 21, 2020. However, the VTC equipment is not available. Therefore, the hearing set on May 21, 2020, at 9:30 a.m. shall be held telephonically. Counsel are directed to the Courts April 29, 2020 Order (Doc. 42) for the call-in information. Ordered by Judge Dominic W Lanza on 5/15/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/15/2020)

May 15, 2020 PACER

Order

May 15, 2020 PACER
52

ORDER: The Court has received inquiries from media representatives who wish to listen to the May 21, 2020, motion hearing telephonically. Although the usual rule is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the May 21, 2020 hearing telephonically will be permitted. Those seeking access are directed to call (866) 390-1828; Access Code: 9667260 at least five minutes before the scheduled hearing. Participants are reminded that audiotaping the proceedings is prohibited. Ordered by Judge Dominic W Lanza on 5/20/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/20/2020)

May 20, 2020 PACER
53

MOTION postpone hearing by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Text of Proposed Order)(Danneman, Alexis) (Entered: 05/20/2020)

1 Text of Proposed Order

View on PACER

May 20, 2020 RECAP

Order

May 20, 2020 PACER
54

ORDER: IT IS ORDERED that the parties' joint motion (Doc. 53 ) is granted. The hearing set on May 21, 2020 is vacated. The parties shall file a status report by June 4, 2020. Ordered by Judge Dominic W Lanza on 5/21/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/21/2020)

May 21, 2020 PACER

Order on Motion for Miscellaneous Relief

May 21, 2020 PACER
55

*STATUS REPORT and Request for Extension of Time to Finalize Settlement by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Text of Proposed Order)(Callais, Amanda) *Modified on 6/5/2020 (WLP). (Entered: 06/04/2020)

1 Text of Proposed Order

View on PACER

June 4, 2020 RECAP
56

ORDER that the parties' request for extension of time (Doc. 55 ) is granted. The parties shall be given two additional weeks, until June 18, 2020, to finalize the settlement agreement. The parties shall update the Court on the status of the settlement on that date. ORDERED by Judge Dominic W. Lanza on 6/05/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 06/05/2020)

June 5, 2020 PACER

Order

June 5, 2020 PACER
57

NOTICE of Settlement by Shelby Aguallo, Priorities USA, Voto Latino Foundation. (Attachments: # 1 Exhibit A-Settlement Agreement)(Callais, Amanda) (Entered: 06/18/2020)

1 Exhibit A-Settlement Agreement

View on RECAP

June 18, 2020 RECAP
58

ORDER - The Court having received notice that the parties have entered into a final settlement agreement, under which Plaintiffs have dismissed their claims with prejudice (Doc. 57 ), IT IS ORDERED that all claims in the above-captioned case are dismissed with prejudice, with each party bearing its own costs and attorneys' fees. IT IS FURTHER ORDERED that any hearings and deadlines are vacated, and that any pending motions, including those at Docs. 22 and 30, are denied as moot. Signed by Judge Dominic W Lanza on 6/19/2020. (WLP) (Entered: 06/19/2020)

June 19, 2020 RECAP

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Nov. 26, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

two organizations challenging Arizona’s Election Day Receipt Deadline

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Voting access

Discrimination-basis:

Race discrimination

COVID-19:

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules

National Origin/Ethnicity:

Hispanic