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Case: Robinson v. District of Columbia Board of Elections

1:20-cv-01364 | U.S. District Court for the District of Columbia

Filed Date: May 21, 2020

Closed Date: June 20, 2020

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/06/2020,

Washington DC's Board of Elections closed 14 of 17 polling stations in Ward 8, an area that is over 92% African-American, in response to COVID-19. Plaintiffs claim that since at least 2019, an unknown number of Ward 8 residents have not received mail-in ballots. The voters who do not receive mail-in ballots in time will need to travel to in-person poll sites, but most locations will not be opened. Two residents challenged the Board's decision to close the polling stations as a violation of the Voting Rights Act. The parties jointly settled and the Court dismissed the case with prejudice.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17183327/parties/robinson-v-district-of-columbia-board-of-elections/


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

McGann, Rudolph M.D. (District of Columbia)

Theresa, Aristotle C. (District of Columbia)

Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

McGann, Rudolph M.D. (District of Columbia)

Theresa, Aristotle C. (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01364

Docket [PACER]

June 30, 2020

June 30, 2020

Docket
1

1:20-cv-01364

Complaint for Emergency Injunctive Relief

Robinson v. Board of Elections

May 21, 2020

May 21, 2020

Complaint
20

1:20-cv-01364

Order

May 28, 2020

May 28, 2020

Order/Opinion
26

1:20-cv-01364

Joint Motion to Dismiss with Prejudice

Robinson v. Board of Elections

June 30, 2020

June 30, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17183327/robinson-v-district-of-columbia-board-of-elections/

Last updated Sept. 6, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Exhibit

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

9 Exhibit

View on PACER

10 Exhibit

View on PACER

May 21, 2020

May 21, 2020

Clearinghouse
2

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)

May 21, 2020

May 21, 2020

PACER
3

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)

May 21, 2020

May 21, 2020

PACER
4

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)

May 22, 2020

May 22, 2020

PACER
5

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)

May 22, 2020

May 22, 2020

PACER
6

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

May 22, 2020

May 22, 2020

PACER
7

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)

May 22, 2020

May 22, 2020

PACER

Case Assigned/Reassigned

May 22, 2020

May 22, 2020

PACER

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)

May 22, 2020

May 22, 2020

PACER

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)

May 22, 2020

May 22, 2020

PACER

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

May 22, 2020

May 22, 2020

PACER

~Util - Set/Reset Hearings AND Status Conference

May 22, 2020

May 22, 2020

PACER

Status Conference AND ~Util - Set/Reset Hearings

May 22, 2020

May 22, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

May 22, 2020

May 22, 2020

PACER
8

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

May 23, 2020

May 23, 2020

PACER
9

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)

May 23, 2020

May 23, 2020

PACER
21

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)

May 23, 2020

May 23, 2020

PACER
10

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)

May 24, 2020

May 24, 2020

PACER
11

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)

May 25, 2020

May 25, 2020

PACER
12

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)

May 25, 2020

May 25, 2020

PACER
13

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)

May 25, 2020

May 25, 2020

PACER

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)

May 25, 2020

May 25, 2020

PACER

.Order

May 25, 2020

May 25, 2020

PACER

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)

May 25, 2020

May 25, 2020

PACER
14

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)

May 26, 2020

May 26, 2020

PACER
15

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)

May 26, 2020

May 26, 2020

PACER

~Util - Set/Reset Deadlines AND .Order

May 26, 2020

May 26, 2020

PACER

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)

May 26, 2020

May 26, 2020

PACER

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)

May 26, 2020

May 26, 2020

PACER

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)

May 26, 2020

May 26, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Briefing Schedule

May 26, 2020

May 26, 2020

PACER

Telephone Conference

May 26, 2020

May 26, 2020

PACER

Status Conference

May 26, 2020

May 26, 2020

PACER
16

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)

May 27, 2020

May 27, 2020

PACER
17

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)

May 27, 2020

May 27, 2020

PACER
18

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)

May 27, 2020

May 27, 2020

PACER
19

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)

May 27, 2020

May 27, 2020

PACER

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)

May 27, 2020

May 27, 2020

PACER

.Order

May 27, 2020

May 27, 2020

PACER

Order on Motion for Extension of Time to

May 27, 2020

May 27, 2020

PACER

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)

May 27, 2020

May 27, 2020

PACER
20

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)

May 28, 2020

May 28, 2020

Clearinghouse

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

May 28, 2020

May 28, 2020

PACER

Order on Motion for Leave to File

May 28, 2020

May 28, 2020

PACER

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

May 28, 2020

May 28, 2020

PACER

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)

May 28, 2020

May 28, 2020

PACER

Telephone Conference

May 28, 2020

May 28, 2020

PACER

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

May 28, 2020

May 28, 2020

PACER

Set/Reset Deadlines

May 28, 2020

May 28, 2020

PACER

Notice of Hearing

May 28, 2020

May 28, 2020

PACER

Memorandum in opposition to motion

June 1, 2020

June 1, 2020

PACER
22

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)

June 2, 2020

June 2, 2020

PACER
23

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

June 2, 2020

June 2, 2020

PACER
24

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)

June 2, 2020

June 2, 2020

PACER

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

June 3, 2020

June 3, 2020

PACER

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)

June 3, 2020

June 3, 2020

PACER

.Order

June 3, 2020

June 3, 2020

PACER

Set/Reset Deadlines

June 4, 2020

June 4, 2020

PACER
25

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

June 10, 2020

June 10, 2020

PACER

~Util - Set/Reset Deadlines AND .Order

June 16, 2020

June 16, 2020

PACER

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)

June 16, 2020

June 16, 2020

PACER
26

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

View on PACER

June 30, 2020

June 30, 2020

Clearinghouse

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)

June 30, 2020

June 30, 2020

PACER

Order on Motion to Dismiss

June 30, 2020

June 30, 2020

PACER
27

Transcript

Dec. 17, 2020

Dec. 17, 2020

PACER

Case Details

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: May 21, 2020

Closing Date: June 20, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two residents of Ward 8 who (allegedly) failed to receive their Voters' Guides and one her absentee ballot and who were located far from remaining polling stations

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Defendants

DC Board of Elections (District of Columbia), County

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Black