Case: Robinson v. District of Columbia Board of Elections

Robinson v. Board of Elections

Robinson v. Board of Elections

Stanford-MIT Healthy Elections Project

COMPLAINT AND EMERGENCY MOTION FOR INJUNCTIVE RELIEF against DISTRICT OF COLUMBIA BOARD OF ELECTIONS with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7148035) filed by FLORENCE R. BARBER, CARNECIA ROBINSON. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Theresa, Aristotle) (Entered: 05/21/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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Emergency MOTION for Preliminary Injunction by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Exhibit)(Theresa, Aristotle). Added MOTION for Temporary Restraining Order on 5/22/2020 (zmc). (Entered: 05/21/2020)

ERRATA correcting venue and certificate of service date and adding summons and cover sheet by Florence Barber, CARNECIA ROBINSON 1 Complaint, filed by Florence Barber, CARNECIA ROBINSON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Theresa, Aristotle) (Entered: 05/21/2020)

SUPPLEMENTAL MEMORANDUM by Florence Barber, CARNECIA ROBINSON 2 Emergency MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (Theresa, Aristotle) Modified on 5/22/2020 (zmc). (Entered: 05/22/2020)

ERRATA correcting the civil cover sheet by FLORENCE R. BARBER, CARNECIA ROBINSON 1 Complaint, filed by CARNECIA ROBINSON, FLORENCE R. BARBER. (Theresa, Aristotle) (Entered: 05/22/2020)

SUMMONS (1) Issued Electronically as to DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 05/22/2020)

Joint MOTION for Briefing Schedule by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Text of Proposed Order Proposed Order)(Theresa, Aristotle) (Entered: 05/22/2020)

Case assigned to Judge Dabney L. Friedrich. (zmc)

Minute Entry for Status Conference held on 5/22/2020 before Judge Dabney L. Friedrich. Status Conference set for 5/26/2020 at 4:00 PM in Telephonic/VTC before Judge Dabney L. Friedrich. Court Reporter Sara Wick (zjch)

MINUTE ORDER. In accordance with Fed. Civ. R. P. 65(a)(2), and with the consent of both parties, a hearing on the plaintiffs' 2 Motion for Preliminary Injunction/Motion for Temporary Restraining Order is consolidated with a hearing on the merits. Based on the request of the plaintiffs, their 2 Motion for Preliminary Injunction/Motion for Temporary Restraining Order has been converted into a motion for summary judgment. Accordingly, the defendant shall file a cross-motion for summary judgment and opposition to the plaintiffs' motion on or before May 23, 2020 at 8:00 p.m.; and the plaintiffs shall file their opposition and reply on or before May 24, 2020 at 8:00 p.m. The defendant has waived its right to file a reply brief, but the Court will order the parties to submit additional briefing on May 25, 2020, if it determines that further briefing is necessary. Due to the Chief Judge's Standing Order No. 20-19, the Court will conduct a telephonic hearing on the parties' cross-motions for summary judgment on May 26, 2020 at 4:00 p.m. The Courtroom Deputy will contact the parties with information to join the May 26, 2020 telephonic hearing. So Ordered by Judge Dabney L. Friedrich on May 22, 2020. (lcdlf3)

Case Assigned/Reassigned

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Status Conference AND ~Util - Set/Reset Hearings

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

NOTICE of Appearance by Rudolph Michael Delano McGann, Jr on behalf of DISTRICT OF COLUMBIA BOARD OF ELECTIONS (McGann, Rudolph) (Entered: 05/23/2020)

Cross MOTION for Summary Judgment by DISTRICT OF COLUMBIA BOARD OF ELECTIONS (Attachments: # 1 Exhibit Board Exhibit 1-4)(McGann, Rudolph) (Entered: 05/23/2020)

Memorandum in opposition to re 2 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Converted to a Motion for Summary Judgment) filed by DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (See Docket Entry 9 to view document). (znmw) (Entered: 06/01/2020)

RESPONSE re 9 Cross MOTION for Summary Judgment filed by FLORENCE R. BARBER, CARNECIA ROBINSON. (Attachments: # 1 Exhibit, # 2 Exhibit)(Theresa, Aristotle) (Entered: 05/24/2020)

ORDER. Before the Court are the plaintiffs' 2 converted motion for summary judgment and the defendant's 9 Cross Motion for Summary Judgment. On the May 22, 2020 telephonic status conference, both parties represented that there were no material facts in dispute. Since then, the defendant has filed a statement of undisputed material facts, see Dkt. 9, but the plaintiffs have not filed such a statement and instead rely upon their complaint. Pls.' Reply at 3 n.1. Neither party has complied with the requirements of Local Rule 7(h) as set forth in the attached order. In particular, the parties have not: (1) included specific citations to the record; see, e.g., Compl. Para. 4 ("Ward 8 residents do not regularly receive U.S. mail and have not for years"); id. Para. 23 ("Ward 8 residents have by and large not availed themselves of mail-in ballots"); id. Para. 33 ("Anacostia High School and Barry Farm Recreation Center are not within walking distance for voters from the most populous voting precincts"); id. Para. 37 ("Malcolm X Opportunity Center is not within walking distance of 4 of the 5 most populous voting precincts in Ward 8"); (2) put only one fact in each numbered paragraph; or (3) identified which, if any, facts are genuinely in dispute. Moreover, the defendant has made factual assertions in its brief that are not included in its statement of facts. See, e.g., Def.'s Mot. at 4-5 (citing the Board's "selection criteria" for voting centers and noting the number of voting centers in each ward). Accordingly, it is ORDERED that the parties shall confer and file a joint statement of facts not in dispute that complies with Rule 7(h), see attached order, on or before 8:00 p.m. on May 25, 2020. If either party has additional facts to present that the parties cannot agree upon, that party shall submit a separate statement of disputed material facts that includes specific citations to the record and complies with Rule 7(h); in addition, the opposing party must, in turn, submit a response to that statement with enumerated paragraphs explaining why each of those facts is genuinely disputed, immaterial, or both, see attached order. Any additional statements of disputed material facts and any response thereto shall also be submitted no later than 8:00 p.m. on May 25, 2020. So Ordered by Judge Dabney L. Friedrich on May 25, 2020. (lcdlf3) (Entered: 05/25/2020)

RESPONSE TO ORDER OF THE COURT re Order by FLORENCE R. BARBER, CARNECIA ROBINSON. (Attachments: # 1 Exhibit Precinct Map, # 2 Exhibit Early Voting Map, # 3 Statement of Facts aff, # 4 Exhibit map explanation)(Theresa, Aristotle) Modified docket event/text on 5/29/2020 (eg). (Entered: 05/25/2020)

ERRATA citing to record via minute order by FLORENCE R. BARBER, CARNECIA ROBINSON 10 Response to motion filed by CARNECIA ROBINSON, FLORENCE R. BARBER. (Attachments: # 1 Errata Redlined version)(Theresa, Aristotle) (Entered: 05/25/2020)

MINUTE ORDER. Upon review of the parties exhibits in support of their motions for summary judgment, it is ORDERED that the parties shall provide the following in their forthcoming joint statement of material facts not in dispute (see earlier May 25, 2020 minute order): (1) a written explanation of the data reflected in the various maps and tables the plaintiffs attached as exhibits C-F to their reply brief; and (2) the bases for the Board of Elections decision to select the three voting centers in Ward 8 and other wards (and the distance between the voting centers that surround Ward 8 and residents who live in the southwest part of Ward 8). See Rule 56(c)(1). If the parties disagree about some or all of this information, they shall separately provide the information in a sworn declaration submitted by a person(s) with knowledge of these issues. So Ordered by Judge Dabney L. Friedrich on May 25, 2020. (lcdlf3)

Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Conference held on 5/25/2020. Court vacates telephone status set for 5/26/2020. Court Reporter William Zaremba. (zjch)

.Order

Joint MOTION for Briefing Schedule by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Text of Proposed Order Proposed Order)(Theresa, Aristotle) (Entered: 05/26/2020)

Emergency MOTION for Temporary Restraining Order by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Theresa, Aristotle) (Entered: 05/26/2020)

MINUTE ORDER. As stated at the telephonic hearing held on May 25, 2020, the plaintiffs' 2 converted Motion for Summary Judgment and the defendant's 9 Cross Motion for Summary Judgment are DENIED without prejudice for failure to comply with Federal Rule of Civil Procedure 56(c), Local Rule 7(h) and the Court's May 25, 2020 Minute Orders. The parties are further ORDERED to file a joint status report with a proposed schedule for further proceedings by May 26, 2020. So Ordered by Judge Dabney L. Friedrich on May 26, 2020. (lcdlf3)

Minute Entry for Status Conference held on 5/26/2020 before Judge Dabney L. Friedrich. Parties discussed filing schedules. Minute Order to Follow. Court Reporter Sara Wick (zjch)

MINUTE ORDER. Consistent with the telephonic hearing held on May 26, 2020, the following schedule shall govern further proceedings: the plaintiffs shall file a renewed motion for a temporary restraining order on May 26, 2020; and the defendant shall file a response on or before May 27, 2020 at 5:00 p.m. It is further ORDERED that the parties' 14 Joint Motion for Briefing Schedule is DENIED as moot. So Ordered by Judge Dabney L. Friedrich on May 26, 2020. (lcdlf3)

Telephone Conference

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Status Conference

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

MOTION for Leave to File Exhibits J-N and Exhibit W by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Exhibit Exhibits J-N W)(Theresa, Aristotle) (Entered: 05/27/2020)

AFFIDAVIT re 1 Complaint, Notarized Affidavit of Ramona and Florence Barber by FLORENCE R. BARBER, CARNECIA ROBINSON. (Attachments: # 1 Affidavit Ramona and Florence Barber)(Theresa, Aristotle) (Entered: 05/27/2020)

Emergency MOTION for Extension of Time to file opposition to TRO Motion by DISTRICT OF COLUMBIA BOARD OF ELECTIONS (McGann, Rudolph) (Entered: 05/27/2020)

Memorandum in Opposition re 15 Emergency MOTION for Temporary Restraining Order filed by DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (Attachments: # 1 Affidavit)(McGann, Rudolph) Modified docket event/text on 5/29/2020 (eg). (Entered: 05/27/2020)

MINUTE ORDER. Before the Court is the plaintiffs' 15 Emergency Motion for Temporary Restraining Order. In their motion, the plaintiffs cite to a number of the exhibits that do not appear on the docket. Accordingly, the plaintiffs are ORDERED to file Exhibits J-N, Exhibit W, and any other exhibits not on the docket on or before May 27, 2020 at 4 p.m. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf3)

MINUTE ORDER granting in part the defendant's 18 Emergency Motion for Extension of Time. Accordingly, the defendant shall file its response to the plaintiffs' 15 Emergency Motion for Temporary Restraining Order on or before May 27, 2020 at 8:00 p.m. So Ordered by Judge Dabney L. Friedrich on May 27, 2020. (lcdlf3)

.Order

Order on Motion for Extension of Time to

ORDER denying the plaintiffs' 15 Motion for a Temporary Restraining Order. See text for details. Signed by Judge Dabney L. Friedrich on May 28, 2020. (lcdlf3) (Entered: 05/28/2020)

NOTICE of Hearing: Telephone Conference set for 5/28/2020 at 12:00 PM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch)

MINUTE ORDER granting the plaintiffs' 16 Motion for Leave to File Exhibits. So Ordered by Judge Dabney L. Friedrich on May 28, 2020. (lcdlf3)

Minute Entry for Telephone Conference held on 5/28/2020. before Judge Dabney L. Friedrich. Court rules on TRO. Minute Order to follow. Court Reporter Sara Wick. (zjch)

Set/Reset Deadlines: Status Report due by 6/2/2020 (zjch)

Notice of Hearing

Order on Motion for Leave to File

Telephone Conference

Set/Reset Deadlines

Memorandum in opposition to motion

PROPOSED BRIEFING SCHEDULE by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Text of Proposed Order Proposed Order)(Theresa, Aristotle) Modified event title on 6/16/2020 (znmw). (Entered: 06/02/2020)

RESPONSE re 22 Proposed Briefing Schedule filed by DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (McGann, Rudolph) (Entered: 06/02/2020)

REPLY re 22 Proposed Briefing Schedule filed by FLORENCE R. BARBER, CARNECIA ROBINSON. (Theresa, Aristotle) Modified text on 6/16/2020 (znmw). (Entered: 06/02/2020)

MINUTE ORDER. Upon consideration of the plaintiffs' 22 Proposed Motion for Briefing Schedule, the Court directs the plaintiffs to file any amended complaint within 21 days of service, or 21 days after service of a responsive pleading or motion. See Fed. R. Civ. P. 15(a)(1). In accordance with Fed. R. Civ. P. 12(a)(1)(A), the defendants shall answer or otherwise respond to the 1 Complaint on or before June 12, 2020, unless the plaintiffs file an amended complaint, in which case the defendant shall answer or otherwise respond to the amended complaint within 21 days of service. See Fed. R. Civ. P. 12(a)(1)(A). So Ordered by Judge Dabney L. Friedrich on June 3, 2020. (lcdlf3)

Set/Reset Deadlines: Responsive Pleading due by 6/12/2020. (zjd)

.Order

Set/Reset Deadlines

ANSWER to Complaint by DISTRICT OF COLUMBIA BOARD OF ELECTIONS.(McGann, Rudolph) (Entered: 06/10/2020)

MINUTE ORDER. It is ORDERED that the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3 and file, on or before June 30, 2020, a joint meet and confer report as set forth in Local Civil Rule 16.3(d). After receiving the joint meet and confer report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. So Ordered by Judge Dabney L. Friedrich on June 16, 2020. (lcdlf3)

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Joint MOTION to Dismiss by FLORENCE R. BARBER, CARNECIA ROBINSON (Attachments: # 1 Text of Proposed Order)(Theresa, Aristotle) (Entered: 06/30/2020)

1 Text of Proposed Order

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MINUTE ORDER granting the plaintiffs' 26 Motion to Dismiss With Prejudice. Accordingly, this case is dismissed with prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on June 30, 2020. (lcdlf3)

Order on Motion to Dismiss

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