Case: Richardson v. Trump

1:20-cv-02262 | U.S. District Court for the District of Columbia

Filed Date: Aug. 17, 2020

Closed Date: Feb. 8, 2021

Clearinghouse coding complete

Case Summary

This is a case about vote-by-mail in the 2020 general election. In July 2020, a longtime campaign donor to then-President Donald Trump was confirmed as Postmaster General of the United States Postal Service (USPS). The new Postmaster General immediately instituted a series of policy changes as the USPS aimed to reduce operating costs. The plaintiffs here were four individuals registered to vote in Texas, Pennsylvania, New York, and Wisconsin; they had each applied for absentee vote-by-mail ball…

This is a case about vote-by-mail in the 2020 general election. In July 2020, a longtime campaign donor to then-President Donald Trump was confirmed as Postmaster General of the United States Postal Service (USPS). The new Postmaster General immediately instituted a series of policy changes as the USPS aimed to reduce operating costs. The plaintiffs here were four individuals registered to vote in Texas, Pennsylvania, New York, and Wisconsin; they had each applied for absentee vote-by-mail ballots for their respective primary elections to minimize the risk of contracting COVID-19, but did not receive the ballots. . In the plaintiffs’ views, their ballots weren’t delivered because of the new Postmaster General’s policy changes. On August 18, 2020, the plaintiffs sued the President, the Postmaster General, and the Postal Service in the U.S. District Court for the District of Columbia. Represented by private counsel, the voters alleged that the policy changes violated (1) their Fourteenth Amendment rights to vote and for their mail-in votes not to be treated differently than in-person votes, (2) amounted to a civil conspiracy to violate the plaintiffs’ constitutionally protected rights to vote, and (3) violated the Administrative Procedure Act because they were arbitrary and capricious. The complaint sought declaratory and injunctive relief. The case was assigned to District Judge Emmet G. Sullivan. 

Two days later, on August 20, 2020, the plaintiffs moved for a preliminary injunction, requiring the defendants to: “(1) return postal operations and restore postal service to that in place on January 1, 2020; (2) replace or restore the removed the high-speed sorting machines and mailboxes that have been taken out of service and put them back into operation; (3) restore overtime pay and lift the hiring freeze so that USPS can hire additional employees when and where necessary to ensure the timely processing and delivery of mail-in ballots; (4) make all late mail deliveries instead of letting mail be delayed or go undelivered; (5) restore seasoned employees to their former positions, including the employees who were reassigned or displaced in the recent USPS reorganization; and (6) refrain from any and all other conduct that is intended to interfere and/or interferes with Plaintiffs’ fundamental right to vote in United States elections, including but not limited to the 2020 presidential election.” 

The plaintiffs amended their complaint on September 11, 2020, alleging in sum that USPS policy changes after the original complaint was filed would either not remedy or exacerbate the issues with mail-in voting. Additionally,t the plaintiffs replaced their claim that the defendants had violated the APA with a claim that the USPS policy changes represented ultra vires agency action — action beyond the scope of its constitutional and statutory authority.

The district court granted the preliminary injunction in part on October 8, 2020. Judge Sullivan found that the plaintiffs had standing — an injury to their constitutional right to vote was “certainly impending” given that they had “provided evidence that changes in USPS policy caused and [would] continue to cause delays in the delivery of” Election Mail. The court then applied the Anderson-Burdick framework to the merits of the voting claims. The “character and magnitude” of the alleged injuries to the right to vote were “significant” because the plaintiffs had demonstrated it was likely their mail-in ballots would either be untimely delivered or not delivered at all. And the government’s asserted rationales for the policy changes that caused the delays, efficiency and economy, were insufficient to survive either intermediate or strict scrutiny. Therefore, the court found, the plaintiffs were likely to succeed on the merits of their constitutional claims. The remainder of the preliminary injunction factors — irreparable harm and the balance of the equities and public interest — all favored an injunction. Turning to the plaintiffs’ proposed relief, the court ordered the USPS to restore overtime pay and required the USPS to make all late mail deliveries instead of letting mail be delayed or go undelivered. The rest of the relief the plaintiffs had requested, the court found, was either overly broad or not supported by evidence. The court also declined to appoint a special master to supervise implementation of its order. 496 F.Supp.3d 165. 

On October 22, 2020, the plaintiffs filed an emergency motion to enforce and monitor compliance with the preliminary injunction. After further motion practice and a hearing on October 27, the court issued a number of orders enforcing specific provisions of the previously-granted injunction. On October 27, the court issued a text order requiring the USPS to issue communications to all relevant staff reiterating that “USPS personnel are instructed to perform late and extra trips to the maximum extent necessary to increase on-time mail deliveries, particularly for Election Mail.” It further required the USPS to file daily reports with the court on the status of its Election Mail activities. And on November 2, 2020, the court issued an order requiring USPS employees to implement a policy called “Extraordinary Measures – Return Ballot Mail Processing Policy” in order to timely process Election Mail.

The general election occurred November 3, 2020. On November 4, the court issued a text order requiring USPS employees in a Texas mail processing facility to sweep it for undelivered ballots and deliver them. On November 5, the court issued a text order requiring the managers of USPS facilities in North Carolina and Pennsylvania to deliver any undelivered ballots. On November 6, the court released the USPS from some of its reporting requirements in light of the fact that the election had concluded. The court granted the USPS’ unopposed motion to terminate upcoming weekend and holiday reporting requirements  on November 23.

The defendants appealed the grant of the preliminary injunction to the U.S. Court of Appeals for the D.C. Circuit on November 27, 2020 (USCA no. 20-5353). 

President Joe Biden replaced Donald Trump as the defendant in this case when he was inaugurated as president on January 21, 2021. On that date, the plaintiffs filed a notice of voluntary dismissal in the district court. On February 8, 2021, the D.C. Circuit dismissed the appeal after the defendants filed an unopposed motion to do so. 2021 WL 672397. The case is now closed. 

Summary Authors

John Juenemann (4/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17451791/parties/richardson-v-trump/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Androphy, Joel M. (New York)

Berg, David H. (New York)

James, Bronwyn (New York)

Quinn, James W. (New York)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Robinson, John (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Androphy, Joel M. (New York)

Berg, David H. (New York)

James, Bronwyn (New York)

Quinn, James W. (New York)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Robinson, John (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 27, 2020 Docket
4-1

Plaintiffs' Original Complaint and Request for Preliminary and Permanent Injunctions

Aug. 18, 2020 Pleading / Motion / Brief
49

Plaintiffs' First Amended Complaint

Sept. 11, 2020 Pleading / Motion / Brief
65

Memorandum Opinion

496 F.Supp.3d 165, 2020 WL 5969270

Oct. 8, 2020 Order/Opinion
93

Order

Nov. 2, 2020 Order/Opinion

Resources

Title Description External URL

Richardson v. Trump

The Stanford-MIT Healthy Elections Project

Plaintiffs are individuals in TX, PA, NY and WI who applied for absentee ballots but did not receive them in the mail. Therefore they were either unable to vote in primay elections or were forced to … Nov. 6, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=204

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17451791/richardson-v-trump/

Last updated May 13, 2022

ECF Number Description Date Link

Case Assigned to Judge Emmet G. Sullivan. (adh, )

Aug. 18, 2020 PACER

Case Assigned to Judge Emmet G. Sullivan. (adh, )

Aug. 18, 2020 PACER

Case Assigned/Reassigned

Aug. 18, 2020 PACER

Case Assigned/Reassigned

Aug. 18, 2020 PACER

Notice of Corrected Docket Entry

Aug. 18, 2020 PACER

Notice of Corrected Docket Entry

Aug. 18, 2020 PACER

Order

Aug. 18, 2020 PACER

Order

Aug. 18, 2020 PACER

Set/Reset Deadlines

Aug. 18, 2020 PACER

Set/Reset Deadlines

Aug. 18, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 3 Errata, was entered in error and counsel was instructed to refile said pleading. (zmd)

Aug. 18, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 3 Errata, was entered in error and counsel was instructed to refile said pleading. (zmd)

Aug. 18, 2020 PACER

MINUTE ORDER. The Court is aware that the addresses of the plaintiffs have been redacted in the complaint filed in this case. See ECF No. 4-1. However, counsel have not filed a Motion to Waive Local Civil Rule 5.1 (c), which provides in relevant part that "[t]he first filing by or on behalf of a party shall have in the caption the name and full residence address of the party." Furthermore, the complaint is styled "Plaintiffs' Original Complaint and Request for Preliminary and Permanent Injunctions." See ECF No. 4-1. Local Civil Rule 65.1(c) provides in relevant part that "[a]n application for a preliminary injunction shall be made in a document separate from the complaint." Counsel for plaintiffs are HEREBY ORDERED TO SHOW CAUSE, by no later than August 20, 2020, why they should not be held in contempt of court for failure to comply with the Local Civil Rules of this court. Signed by Judge Emmet G. Sullivan on 8/18/2020. (lcegs1)

Aug. 18, 2020 PACER

MINUTE ORDER. The Court is aware that the addresses of the plaintiffs have been redacted in the complaint filed in this case. See ECF No. 4-1. However, counsel have not filed a Motion to Waive Local Civil Rule 5.1 (c), which provides in relevant part that "[t]he first filing by or on behalf of a party shall have in the caption the name and full residence address of the party." Furthermore, the complaint is styled "Plaintiffs' Original Complaint and Request for Preliminary and Permanent Injunctions." See ECF No. 4-1. Local Civil Rule 65.1(c) provides in relevant part that "[a]n application for a preliminary injunction shall be made in a document separate from the complaint." Counsel for plaintiffs are HEREBY ORDERED TO SHOW CAUSE, by no later than August 20, 2020, why they should not be held in contempt of court for failure to comply with the Local Civil Rules of this court. Signed by Judge Emmet G. Sullivan on 8/18/2020. (lcegs1)

Aug. 18, 2020 PACER

Set/Reset Deadlines: Plaintiffs Show Cause due by 8/20/2020. (mac)

Aug. 18, 2020 PACER

Set/Reset Deadlines: Plaintiffs Show Cause due by 8/20/2020. (mac)

Aug. 18, 2020 PACER

.Order

Aug. 18, 2020 PACER

.Order

Aug. 18, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 21, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 21, 2020 PACER

MINUTE ORDER denying 5 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 83.2(d) ("Any attorney seeking to appear pro hac vice must file a motion signed by a sponsoring member of the Bar of this Court, accompanied by a declaration by the non-member...."). Signed by Judge Emmet G. Sullivan on 8/21/2020. (lcegs3)

Aug. 21, 2020 PACER

MINUTE ORDER denying 5 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 83.2(d) ("Any attorney seeking to appear pro hac vice must file a motion signed by a sponsoring member of the Bar of this Court, accompanied by a declaration by the non-member...."). Signed by Judge Emmet G. Sullivan on 8/21/2020. (lcegs3)

Aug. 21, 2020 PACER

Order

Aug. 21, 2020 PACER

Order

Aug. 21, 2020 PACER

MINUTE ORDER. In view of 14 plaintiffs' motion for preliminary injunction, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than August 27, 2020 at 12:00 PM NOON with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 8/21/2020. (lcegs3)

Aug. 21, 2020 PACER

MINUTE ORDER. In view of 14 plaintiffs' motion for preliminary injunction, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than August 27, 2020 at 12:00 PM NOON with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 8/21/2020. (lcegs3)

Aug. 21, 2020 PACER

Set/Reset Deadlines

Aug. 21, 2020 PACER

Set/Reset Deadlines

Aug. 21, 2020 PACER

Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 8/27/2020 (mac)

Aug. 21, 2020 PACER

Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 8/27/2020 (mac)

Aug. 21, 2020 PACER

.Order

Aug. 21, 2020 PACER

.Order

Aug. 21, 2020 PACER

Order on Motion for Leave to Appear

Aug. 24, 2020 PACER

Order on Motion for Leave to Appear

Aug. 24, 2020 PACER

MINUTE ORDER denying 17 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 7(c) ("Each motion... shall be accompanied by a proposed order."). Signed by Judge Emmet G. Sullivan on 8/24/2020. (lcegs3)

Aug. 24, 2020 PACER

MINUTE ORDER denying 17 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 7(c) ("Each motion... shall be accompanied by a proposed order."). Signed by Judge Emmet G. Sullivan on 8/24/2020. (lcegs3)

Aug. 24, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear

Aug. 24, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear

Aug. 24, 2020 PACER

MINUTE ORDER granting 19 motion for leave to appear pro hac vice. James Quinn is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER granting 19 motion for leave to appear pro hac vice. James Quinn is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER granting 20 motion for leave to appear pro hac vice. Kathryn P. Berg is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER granting 20 motion for leave to appear pro hac vice. Kathryn P. Berg is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 25, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 25, 2020 PACER

MINUTE ORDER granting 21 motion for leave to appear pro hac vice. Bronwyn M. James is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER granting 21 motion for leave to appear pro hac vice. Bronwyn M. James is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER. In view of 22 notice of errata, the parties are reminded to communicate with the Court in writing by motion. See Standing Order, ECF No. 6. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

MINUTE ORDER. In view of 22 notice of errata, the parties are reminded to communicate with the Court in writing by motion. See Standing Order, ECF No. 6. Signed by Judge Emmet G. Sullivan on 8/25/2020. (lcegs3)

Aug. 25, 2020 PACER

Order

Aug. 25, 2020 PACER

Order

Aug. 25, 2020 PACER

.Order

Aug. 25, 2020 PACER

.Order

Aug. 25, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 26, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 26, 2020 PACER

MINUTE ORDER granting 23 motion for leave to appear pro hac vice. David Berg is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/26/2020. (lcegs3)

Aug. 26, 2020 PACER

MINUTE ORDER granting 23 motion for leave to appear pro hac vice. David Berg is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 8/26/2020. (lcegs3)

Aug. 26, 2020 PACER

Notice of QC

Aug. 27, 2020 PACER

Notice of QC

Aug. 27, 2020 PACER

Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Motion to Seal

Aug. 27, 2020 PACER

Order on Motion to Seal

Aug. 27, 2020 PACER

NOTICE OF ERROR re 25 Status Report; emailed to jandrophy@bafirm.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Signing Attorney has been granted phv and needs to enter an appearance. Or, the filing willing be entered in error (zjf, )

Aug. 27, 2020 PACER

NOTICE OF ERROR re 25 Status Report; emailed to jandrophy@bafirm.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Signing Attorney has been granted phv and needs to enter an appearance. Or, the filing willing be entered in error (zjf, )

Aug. 27, 2020 PACER

MINUTE ORDER granting 7 motion to place under seal Plaintiffs' Response to the Court's August 18, 2020 Order to Show Cause ("OTSC Response") and Plaintiffs' Motion to Place Under Seal Plaintiffs' Original Complaint in Accordance with Local Rule 5.1(h) and to Waive Local Rule 5.1(c) ("Motion to Waive"). Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file their OTSC Response and Motion to Waive under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of their sealed OTSC Response and Motion to Waive on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER granting 7 motion to place under seal Plaintiffs' Response to the Court's August 18, 2020 Order to Show Cause ("OTSC Response") and Plaintiffs' Motion to Place Under Seal Plaintiffs' Original Complaint in Accordance with Local Rule 5.1(h) and to Waive Local Rule 5.1(c) ("Motion to Waive"). Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file their OTSC Response and Motion to Waive under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of their sealed OTSC Response and Motion to Waive on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

Order

Aug. 27, 2020 PACER

Order

Aug. 27, 2020 PACER

MINUTE ORDER granting 9, 10 motion to place under seal Plaintiffs' Original Complaint. Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file their Original Complaint under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of their sealed Original Complaint on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER granting 9, 10 motion to place under seal Plaintiffs' Original Complaint. Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file their Original Complaint under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of their sealed Original Complaint on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER granting 11, 12 motion to redact. Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file Plaintiffs' Declarations and Exhibits in Support of Plaintiffs' Application for a Preliminary Injunction under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of Plaintiffs' Declarations and Exhibits in Support of Plaintiffs' Application for a Preliminary Injunction on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER granting 11, 12 motion to redact. Pursuant to Local Civil Rule 5.1(h), Plaintiffs may file Plaintiffs' Declarations and Exhibits in Support of Plaintiffs' Application for a Preliminary Injunction under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of Plaintiffs' Declarations and Exhibits in Support of Plaintiffs' Application for a Preliminary Injunction on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER. In view of 25 joint status report and 26 motion for expedited discovery, the parties shall adhere to the following briefing schedule: Defendants shall file their opposition to the 26 motion for expedited discovery by no later than September 3, 2020. Plaintiffs shall file their reply by no later than September 8, 2020. Briefing on 14 motion for preliminary injunction is HEREBY STAYED pending the Court's ruling on 26 motion for expedited discovery, subject to reconsideration for good cause shown by no later than September 3, 2020. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

MINUTE ORDER. In view of 25 joint status report and 26 motion for expedited discovery, the parties shall adhere to the following briefing schedule: Defendants shall file their opposition to the 26 motion for expedited discovery by no later than September 3, 2020. Plaintiffs shall file their reply by no later than September 8, 2020. Briefing on 14 motion for preliminary injunction is HEREBY STAYED pending the Court's ruling on 26 motion for expedited discovery, subject to reconsideration for good cause shown by no later than September 3, 2020. Signed by Judge Emmet G. Sullivan on 8/27/2020. (lcegs3)

Aug. 27, 2020 PACER

Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Waiver AND Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Waiver AND Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Motion for Waiver AND Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Motion for Waiver AND Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion to Seal Document

Aug. 27, 2020 PACER

Order on Motion for Waiver AND Order on Motion to Seal Document AND Order on Sealed Motion for Leave to File Document Under Seal

Aug. 27, 2020 PACER

Order on Motion for Waiver AND Order on Motion to Seal Document AND Order on Sealed Motion for Leave to File Document Under Seal

Aug. 27, 2020 PACER

Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Miscellaneous Relief AND Order on Motion to Seal

Aug. 27, 2020 PACER

Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Miscellaneous Relief AND Order on Motion to Seal

Aug. 27, 2020 PACER

Order on Motion for Miscellaneous Relief AND Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion to Seal

Aug. 27, 2020 PACER

Order on Motion for Miscellaneous Relief AND Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion to Seal

Aug. 27, 2020 PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Seal AND Order on Sealed Motion for Leave to File Document Under Seal

Aug. 27, 2020 PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Seal AND Order on Sealed Motion for Leave to File Document Under Seal

Aug. 27, 2020 PACER

.Order

Aug. 27, 2020 PACER

.Order

Aug. 27, 2020 PACER
1

COMPLAINT against All Defendants (Filing fee $ 400) filed by VOTE FORWARD, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, VOCES UNIDAS DE LAS MONTANAS, AARON CARREL, PADRES & JOVENES UNIDOS. (Attachments: # 1 Exhibit 1 - USPS Mandatory Stand-Up Talk, # 2 Exhibit 2 - Chart of States Where Voters Mail-in Ballots Are Impacted By Defendants Delays, # 3 Exhibit 3 - USPS Letter to PA Election Officials, # 4 Civil Cover Sheet, # 5 Summons - L. DeJoy, # 6 Summons - USPS, # 7 Summons - W. Barr, # 8 Summons - M. Sherwin, # 9 Notice to Counsel/Party Regarding Related Cases)(Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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Aug. 28, 2020 PACER
1

COMPLAINT against All Defendants (Filing fee $ 400) filed by VOTE FORWARD, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, VOCES UNIDAS DE LAS MONTANAS, AARON CARREL, PADRES & JOVENES UNIDOS. (Attachments: # 1 Exhibit 1 - USPS Mandatory Stand-Up Talk, # 2 Exhibit 2 - Chart of States Where Voters Mail-in Ballots Are Impacted By Defendants Delays, # 3 Exhibit 3 - USPS Letter to PA Election Officials, # 4 Civil Cover Sheet, # 5 Summons - L. DeJoy, # 6 Summons - USPS, # 7 Summons - W. Barr, # 8 Summons - M. Sherwin, # 9 Notice to Counsel/Party Regarding Related Cases)(Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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Aug. 28, 2020 PACER

Set/Reset Deadlines

Aug. 28, 2020 PACER

Set/Reset Deadlines

Aug. 28, 2020 PACER
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VOTE FORWARD (Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Notice and Consent

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Aug. 28, 2020 PACER
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VOTE FORWARD (Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Notice and Consent

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Aug. 28, 2020 PACER

Notice of Corrected Docket Entry

Aug. 28, 2020 PACER

Notice of Corrected Docket Entry

Aug. 28, 2020 PACER

Set/Reset Deadlines: Plaintiffs Redacted Documents due by 9/1/2020. (mac)

Aug. 28, 2020 PACER

Set/Reset Deadlines: Plaintiffs Redacted Documents due by 9/1/2020. (mac)

Aug. 28, 2020 PACER
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VOCES UNIDAS DE LAS MONTANAS (Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Complaint

View on PACER

2 Civil Cover Sheet

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3 Summons Donald J. Trump

View on PACER

4 Summons Louis DeJoy

View on PACER

5 Summons USPS

View on PACER

Aug. 28, 2020 PACER
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VOCES UNIDAS DE LAS MONTANAS (Duraiswamy, Shankar) (Entered: 08/28/2020)

1 Complaint

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons Donald J. Trump

View on PACER

4 Summons Louis DeJoy

View on PACER

5 Summons USPS

View on PACER

Aug. 28, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 17, 2020

Closing Date: Feb. 8, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voters in Texas, Pennsylvania, New York, and Wisconsin.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Postmaster General (- United States (national) -), Federal

United States Postal Service (- United States (national) -), Federal

U.S. President (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Other requirements regarding hiring, promotion, retention

Reporting

Training

Issues

General:

Mail

Voting

Voting access

Voting:

Election administration