Case: Vote Forward v. DeJoy

1:20-cv-02405 | U.S. District Court for the District of Columbia

Filed Date: Aug. 28, 2020

Case Ongoing

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 10/07/2020,

The lawsuit brings claims focusing on: (1) the delay in the delivery of mail ballots caused by the policy changes, which will place unconstitutional burdens on the right to vote during the ongoing pandemic; and (2) the Postmaster General’s failure to seek approval from the Postal Regulatory Commission, as required by law, before unilaterally implementing policy changes that have a significant nationwide impact. The lawsuit seeks a narrow remedy that would get the Postal Service to return service back to its normal pace ahead of the election this November and appoint an independent monitor to oversee service.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18533384/parties/vote-forward-v-dejoy/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Duraiswamy, Shankar (District of Columbia)

Fram, Robert D. (California)

Fraser, John W. (New York)

Keenan, Megan C (District of Columbia)

Ramirez, Diane (California)

Smith, James M. (District of Columbia)

Suwanda, Sarah (District of Columbia)

Williamson, Virginia (District of Columbia)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Duraiswamy, Shankar (District of Columbia)

Fram, Robert D. (California)

Fraser, John W. (New York)

Keenan, Megan C (District of Columbia)

Ramirez, Diane (California)

Smith, James M. (District of Columbia)

Suwanda, Sarah (District of Columbia)

Williamson, Virginia (District of Columbia)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Robinson, John (District of Columbia)

Other Attorney(s)

Letter, Douglas (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 29, 2020 Docket
1

Complaint for Injunctive and Declaratory Relief

Aug. 28, 2020 Complaint
32

Memorandum Opinion

490 F.Supp.3d 110, 2020 WL 5763869

Sept. 28, 2020 Order/Opinion
66

Order

Nov. 1, 2020 Order/Opinion

Minute Order

Nov. 3, 2020 Order/Opinion

Minute Order

Nov. 4, 2020 Order/Opinion

Resources

Title Description External URL

Vote Forward et al v. DeJoy et al

Stanford-MIT Healthy Elections Project

The lawsuit brings claims focusing on: (1) the delay in the delivery of mail ballots caused by the policy changes, which will place unconstitutional burdens on the right to vote during the ongoing pa… Oct. 7, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=228

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18533384/vote-forward-v-dejoy/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
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)

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)

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)

Aug. 28, 2020 PACER
4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS (Duraiswamy, Shankar) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PADRES & JOVENES UNIDOS (Duraiswamy, Shankar) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
6

NOTICE OF RELATED CASE by AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD. Case related to Case No. 20-2340. (adh, ) (Entered: 08/28/2020)

Aug. 28, 2020 PACER

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

Aug. 28, 2020 PACER
7

SUMMONS (4) Issued Electronically as to LOUIS DEJOY, UNITED STATES POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert D. Fram, Filing fee $ 100. Fee Status: Fee Paid. by AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD (Attachments: # 1 Declaration Declaration of Robert D. Fram, # 2 Proposed Order)(Duraiswamy, Shankar) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Diane Ramirez, Filing fee $ 100. Fee Status: Fee Paid. by AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD (Attachments: # 1 Declaration of Diane Ramirez, # 2 Proposed Order)(Duraiswamy, Shankar) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John W. Fraser, Filing fee $ 100. Fee Status: Fee Paid. by AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD (Attachments: # 1 Declaration of John W. Fraser, # 2 Proposed Order)(Duraiswamy, Shankar) (Entered: 08/28/2020)

Aug. 28, 2020 PACER

MINUTE ORDER granting 8 motion for leave to appear pro hac vice. Robert D. Fram 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 8/28/2020. (lcegs2)

Aug. 28, 2020 PACER

MINUTE ORDER granting 9 motion for leave to appear pro hac vice. Diane Ramirez 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 8/28/2020. (lcegs2)

Aug. 28, 2020 PACER

MINUTE ORDER granting 10 motion for leave to appear pro hac vice. John W. Fraser 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 8/28/2020. (lcegs2)

Aug. 28, 2020 PACER

MINUTE ORDER. The Court, sua sponte, directs the Plaintiff to show cause why this action should not be consolidated as related with National Association for the Advancement of Colored People v. U.S. Postal Service, 20-2295; Richardson v. Trump, 20-2262; and State of New York v. Trump, 20-2340 by no later than September 4, 2020 at 12:00 PM. See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3) (defining related civil actions). Signed by Judge Emmet G. Sullivan on 9/1/2020. (lcegs3)

Sept. 1, 2020 PACER

Set/Reset Deadlines: Plaintiff Show Cause due no later than 12:00PM on 9/4/2020. (mac)

Sept. 2, 2020 PACER
11

RESPONSE TO ORDER TO SHOW CAUSE re Minute Order entered on 09/01/2020 by AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD. (Duraiswamy, Shankar) Modified on 9/6/2020 to correct docket text (zjf). (Entered: 09/04/2020)

Sept. 4, 2020 PACER
12

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 09/04/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 09/04/2020)

Sept. 4, 2020 PACER

MINUTE ORDER. In view of 11 response to order to show cause, as well as the responses from parties in Richardson v. Trump, 20-2262; National Association for the Advancement of Colored People v. U.S. Postal Service, 20-2295; and State of New York v. Trump, 20-2340, the Court shall not consolidate the cases as related pursuant to Federal Rule of Civil Procedure 42(a) and Local Civil Rule 40.5(a)(3). It is ORDERED that the parties shall coordinate schedules for discovery purposes to the extent possible. Signed by Judge Emmet G. Sullivan on 9/5/2020. (lcegs3)

Sept. 5, 2020 PACER
13

NOTICE of Appearance by Kuntal Virendra Cholera on behalf of All Defendants (Cholera, Kuntal) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
14

Joint MOTION for Protective Order by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Cholera, Kuntal) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
15

AMENDED COMPLAINT against LOUIS DEJOY, UNITED STATES POSTAL SERVICE filed by AARON CARREL, VOTE FORWARD, VOCES UNIDAS DE LAS MONTANAS, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, PADRES & JOVENES UNIDOS, PAUL HUNTER, INDERBIR SINGH DATTA, GARY YOUNG, DANTE FLORES-DEMARCHI, SEBASTIAN IMMONEN, LINDA ROBERSON, MARTHA THOMPSON, SEAN MORRISON, AMY BOLAN, KATHRYN MONTGOMERY. (Attachments: # 1 Exhibit 1 - USPS Mandatory Stand Up Talk, # 2 Exhibit 2 - States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays, # 3 Exhibit 3 - USPS Letter to PA Election Officials, # 4 Exhibit 4 - Redline from Original Complaint)(Duraiswamy, Shankar) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
16

MOTION for Preliminary Injunction by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index, # 3 Exhibit USPS OIG Report (Aug. 2020), # 4 Exhibit USPS, Postal Operations Manual (Excerpts), # 5 Exhibit USPS OIG Report (May 2020), # 6 Exhibit USPS, Mandatory Stand-Up Talk: All Employees, # 7 Exhibit Leaked USPS Powerpoint, # 8 Exhibit DeJoy Testimony - House Oversight Hearing (Aug. 24, 2020), # 9 Exhibit DeJoy Testimony - Senate Hearing (Aug. 21, 2020), # 10 Exhibit Statement of DeJoy - House Oversight Comm. (Aug. 24, 2020), # 11 Declaration Professor Justin Grimmer, # 12 Exhibit USPS, Congressional Briefing (Aug. 31, 2020), # 13 Exhibit Chart of States Where Voters' Mail-In Ballots Are Impacted By Defendants' Delays, # 14 Exhibit USPS Letter to Pa. (July 29, 2020), # 15 Declaration Eitran D. Hersh, # 16 Exhibit House Oversight Hearing on USPS Operations - Transcript (Aug. 24, 2020), # 17 Exhibit Senate HSGAC Hearing on USPS Operations - Transcript (Aug. 21, 2020), # 18 Declaration Aaron Carrel, # 19 Declaration Martha Thompson, # 20 Declaration Kathryn Montgomery, # 21 Declaration Sebastian Immonen, # 22 Declaration Amy Bolan, # 23 Declaration Inderbir Singh Datta, # 24 Declaration Scott J. Forman of Vote Forward, # 25 Declaration Alex Sanchez of Voces Unidas De Las Montanas, # 26 Text of Proposed Order)(Duraiswamy, Shankar) (Entered: 09/08/2020)

Sept. 8, 2020 PACER

MINUTE ORDER. In view of 16 Plaintiffs' motion for preliminary injunction, the parties shall adhere to the following briefing schedule: (1) Defendants shall file their opposition by no later than September 15, 2020, see L. Civ. R. 65.1(c); and (2) Plaintiffs shall file their reply by no later than September 20, 2020. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs3)

Sept. 9, 2020 PACER
17

MINUTE ORDER granting 14 joint motion for protective order. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs3) (Entered: 09/09/2020)

Sept. 9, 2020 PACER

Set/Reset Deadlines: Defendants Opposition due by 9/15/2020. Plaintiffs Reply due by 9/20/2020. (mac)

Sept. 10, 2020 PACER
18

NOTICE of Appearance by Douglas N. Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Letter, Douglas) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
19

Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit Proposed Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
20

MOTION to Expedite Discovery by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Index, # 3 Exhibit A - Plaintiffs First Request for Production of Documents, # 4 Exhibit B - Plaintiffs First Set of Interrogatories, # 5 Exhibit C - Plaintiffs First Request for Admissions, # 6 Exhibit D - Plaintiffs Notice of 30(b)(6) Deposition on Impact of Policy, # 7 Exhibit E - Plaintiffs Notice of 30(b)(6) Deposition on Cost Savings Justification, # 8 Exhibit F - Plaintiffs Notice of 30(b)(1) Deposition of Curtis, # 9 Exhibit G - Plaintiffs Notice of 30(b)(1) Deposition of Glass, # 10 Exhibit H - Plaintiffs Notice of 30(b)(1) Deposition o Cintron, # 11 Exhibit I - Guidelines (as filed in SDNY), # 12 Exhibit J - Guidelines Spreadsheet (as produced in EDWA), # 13 Exhibit K - Transmittal Email (as produced in EDWA), # 14 Exhibit L - USPS Publication 632, # 15 Exhibit M - June 2020 OIG Audit, # 16 Exhibit N - July 2020 Mandatory Stand-Up Talk, # 17 Exhibit O - July 2020 PMG Expectations, # 18 Exhibit P - July 2020 USPS Letter to PA Election Officials, # 19 Exhibit Q - August 2020 DeJoy Memo, # 20 Exhibit R - August 2020 OIG Auditi, # 21 Exhibit S - August 2020 USPS Congressional Briefing PowerPoint, # 22 Exhibit T - Cintron Declaration (as filed in SDNY), # 23 Exhibit U - Curtis Declaration (as filed in SDNY), # 24 Exhibit V - Glass Declaration (as filed in SDNY))(Duraiswamy, Shankar) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
21

RESPONSE re 16 MOTION for Preliminary Injunction filed by LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Declaration Barber, Cintron, Curtis, # 2 Declaration Colin, Couch, DeChambeau, Glass, Prokity, Vo, # 3 Declaration Supplemental Cintron, Curtis, # 4 Exhibit 1-15)(Cholera, Kuntal) (Entered: 09/15/2020)

Sept. 15, 2020 PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lawrence A. Hobel, Filing fee $ 100. Fee Status: Fee Paid. by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: # 1 Declaration Declaration of L. Hobel, # 2 Text of Proposed Order Proposed Order)(Duraiswamy, Shankar) (Entered: 09/16/2020)

Sept. 16, 2020 PACER

MINUTE ORDER granting 22 motion for leave to appear pro hac vice. Lawrence A. Hobel 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 9/16/2020. (lcegs3)

Sept. 16, 2020 PACER
23

RESPONSE re 20 MOTION to Expedite Discovery filed by LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cholera, Kuntal) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
24

REPLY to opposition to motion re 16 MOTION for Preliminary Injunction filed by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG. (Attachments: # 1 Exhibit Index, # 2 Declaration of Justin Grimmer, # 3 Declaration of Ruth Goldway)(Duraiswamy, Shankar) (Entered: 09/20/2020)

Sept. 20, 2020 PACER
25

Unopposed MOTION for Leave to File Supplemental Declarations in Support of Motion for Preliminary Injunction by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: # 1 Declaration of Justin Grimmer, # 2 Declaration of Ruth Goldway, # 3 Text of Proposed Order)(Duraiswamy, Shankar) (Entered: 09/22/2020)

Sept. 22, 2020 PACER

MINUTE ORDER granting 19 motion for leave to file amicus curiae brief in support of Plaintiffs by UNITED STATES HOUSE OF REPRESENTATIVES. Signed by Judge Emmet G. Sullivan on 9/22/2020. (lcegs3)

Sept. 22, 2020 PACER
26

Joint MOTION for Protective Order (502(D) Order) by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Cholera, Kuntal) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
27

AMICUS BRIEF by UNITED STATES HOUSE OF REPRESENTATIVES. (zjf) (Entered: 09/23/2020)

Sept. 22, 2020 PACER
28

REPLY to opposition to motion re 20 MOTION to Expedite Discovery -- Reply In Support of Plaintiffs' Motion for Expedited Discovery and Case Schedule filed by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Plaintiff States First Interrogatories and Requests for Production (as filed in E.D. Wash.), # 3 Exhibit 2 - Plaintiffs First Request for Production of Documents (as filed in E.D. Pa.), # 4 Exhibit 3 - Order Granting Plaintiffs' Motion for Expedited Discovery (as filed in E.D. Wash.), # 5 Exhibit 4 - Order Granting Expedited Discovery (as filed in E.D. Pa.), # 6 Exhibit 5 - Revised Proposed Order)(Duraiswamy, Shankar) (Entered: 09/23/2020)

Sept. 23, 2020 PACER

MINUTE ORDER granting 25 unopposed motion to file supplemental declarations. Signed by Judge Emmet G. Sullivan on 9/25/2020. (lcegs3)

Sept. 25, 2020 PACER
29

ORDER granting 26 joint motion for protective order. Signed by Judge Emmet G. Sullivan on 9/25/2020. (lcegs3) Modified to remove "minute" on 9/29/2020 (znmw). (Entered: 09/25/2020)

Sept. 25, 2020 PACER
30

NOTICE of Supplemental Materials by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cholera, Kuntal) (Entered: 09/25/2020)

Sept. 25, 2020 PACER
31

ORDER granting 16 Motion for Preliminary Injunction. Signed by Judge Emmet G. Sullivan on 9/28/2020. (lcegs3) (Entered: 09/28/2020)

Sept. 28, 2020 PACER
32

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 9/28/2020. (lcegs3) (Entered: 09/28/2020)

Sept. 28, 2020 Clearinghouse

MINUTE ORDER granting 20 Motion for Expedited Discovery. Federal Rule of Civil Procedure 26 "vests the trial judge with broad discretion to tailor discovery narrowly and to dictate the sequence of discovery." Watts v. SEC, 483 F.3d 501, 507 (D.C. Cir. 2007) (quoting Crawford-El v. Britton, 523 U.S. 574, 598 (1998)). Courts typically consider five factors when evaluating a motion for expedited discovery under the good-cause standard: "(1) whether a preliminary injunction is pending; (2) the breadth of the discovery requests; (3) the purpose for requesting the expedited discovery; (4) the burden on the defendants to comply with the requests; and (5) how far in advance of the typical discovery process the request was made." Guttenberg v. Emery, 26 F. Supp. 3d 88, 98 (D.D.C. 2014) (quoting In re Fannie Mae Derivative Litig., 227 F.R.D. 142, 14243 (D.D.C. 2005)). Courts are not limited to these factors, but the factors provide "guidelines for the exercise of the Court's discretion." Id. The Court finds that the good-cause standard is met here. As an initial matter, the Court notes that plaintiffs' motion for preliminary injunction has been granted. See Order, ECF No. 31. Second, the Court has reviewed the discovery requests and has determined that they are narrow and carefully targeted to discover the facts necessary for plaintiffs to establish their claims and rebut anticipated defenses. Plaintiffs shall ensure that they do not request discovery that has already been provided by the defendants in similar actions, specifically Pennsylvania v. DeJoy, No. 20-cv-4096 (E.D. Pa.) and Washington v. Trump, No. 20-cv-3127 (E.D. Wash.). Third, the purpose for requesting the expedited discovery supports granting plaintiffs' motion given the imminence of the election and the claim for which plaintiffs did not seek a preliminary injunction. Fourth, while defendants contend that it will be burdensome on them to comply, they mostly contend that the requests are duplicative and overlapping, or potentially overlapping. However, the Court has directed plaintiffs to ensure they do not request duplicative discovery. Fifth, while the discovery requests here are being made in advance of the typical discovery process, expedited resolution is appropriate given the imminence of the election. Accordingly, it is HEREBY ORDERED that defendants shall serve any objections to plaintiffs' discovery requests by no later than October 7, 2020; and it is FURTHER ORDERED that defendants shall serve their written responses and shall produce all documents responsive to plaintiffs' discovery requests by no later than October 13, 2020; and it is FURTHER ORDERED that depositions shall be taken by no later than October 16, 2020. The parties shall coordinate with the plaintiffs in State of New York v. Trump, 20-cv-2405, with regard to the taking of the depositions. Signed by Judge Emmet G. Sullivan on 10/2/2020. (lcegs3)

Oct. 2, 2020 PACER
33

Emergency MOTION to Enforce and Monitor Compliance with Preliminary Injunction, Emergency MOTION for Hearing and Briefing by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: # 1 Memorandum in Support of Plaintiffs' Emergency Motion to Enforce and Monitor Compliance with Preliminary Injunction and Request for Expedited Briefing and Hearing, # 2 Exhibit Index, # 3 Exhibit A - Postmaster General DeJoy Testimony Tr. Aug. 24: House Oversight Hearing, # 4 Exhibit B - Tr. of Deposition of Robert Cintron, NY v. Trump, # 5 Exhibit C - USPS Service Score Data, # 6 Exhibit D - Supp. Grimmer Decl., NY v. Trump, # 7 Exhibit E - USPS Mar. 1 - Oct. 11, 2020 Extra Trips Data, # 8 Exhibit F - USPS Mar. 1 - Oct. 11, 2020 Late Trips Data, # 9 Exhibit G - USPS Daily Late and Extra Trips from Oct. 1 through Oct. 15, 2020, # 10 Exhibit H - Decl. of Joshua Colin, Pa. v. DeJoy, # 11 Exhibit I - Mem. from Kristin A. Seaver & David E. Williams to Officers, # 12 Exhibit J - Tr. of Deposition of Robert Justin Glass, NY v. Trump, # 13 Exhibit K - Supp. Grimmer Decl., Vote Forward v. DeJoy, # 14 Text of Proposed Order)(Duraiswamy, Shankar) (Entered: 10/22/2020)

Oct. 22, 2020 PACER

MINUTE ORDER. In view of 33 emergency motion to enforce and monitor compliance with preliminary injunction, Defendants are directed to file their response to the motion by no later than October 23, 2020 at 3:00 PM. Signed by Judge Emmet G. Sullivan on 10/22/2020. (lcegs3)

Oct. 22, 2020 PACER
34

NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
35

Unopposed MOTION for Extension of Time to File Answer by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Robinson, John) (Entered: 10/22/2020)

Oct. 22, 2020 PACER

Set/Reset Deadlines: Defendants Response To The Motion due no later than 3:00PM on 10/23/2020. (mac)

Oct. 22, 2020 PACER

MINUTE ORDER granting 35 unopposed motion for extension of time to file answer. Defendants shall answer or otherwise respond to Plaintiffs Complaint by no later than December 11, 2020. Signed by Judge Emmet G. Sullivan on 10/22/2020. (lcegs3)

Oct. 22, 2020 PACER

Set/Reset Deadlines: Defendant's Answer Or Otherwise Response To The Complaint due by 12/11/2020. (mac)

Oct. 23, 2020 PACER
36

RESPONSE re 33 Emergency MOTION to Enforce and Monitor Compliance with Preliminary InjunctionEmergency MOTION for Hearing and Briefing filed by LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Exhibit A-I, # 2 Text of Proposed Order)(Cholera, Kuntal) (Entered: 10/23/2020)

Oct. 23, 2020 PACER

MINUTE ORDER. In view of 36 response to the emergency motion to enforce and monitor compliance with the preliminary injunction, Plaintiffs shall file their reply by no later than October 26, 2020 at 12:00 PM. It is FURTHER ORDERED that a motion hearing is scheduled for October 27, 2020 at 11:00 AM via VIDEO TELECONFERENCE ("VTC"). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 10/23/2020. (lcegs3)

Oct. 23, 2020 PACER

Set/Reset Deadlines/Hearings: Motion Hearing set for 10/27/2020 at 11:00 AM in Telephonic/VTC before Judge Emmet G. Sullivan. Plaintiffs Reply due no later than 12:00PM on 10/26/20 (mac)

Oct. 26, 2020 PACER
37

REPLY to opposition to motion re 33 Emergency MOTION to Enforce and Monitor Compliance with Preliminary InjunctionEmergency MOTION for Hearing and Briefing filed by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Letter Report Including USPS Service Score Data (Oct. 23, 2020), # 3 Exhibit 2 - Tr. of Deposition of Robert Cintron, NY v. Trump, # 4 Exhibit 3 - Tr. of Deposition of Robert Cintron, Pa. v. DeJoy, # 5 Exhibit 4 - E-mail from Robert Cintron (July 14, 2020), # 6 Exhibit 5 - Letter Report Including USPS Service Score Data (Oct. 16, 2020))(Duraiswamy, Shankar) (Entered: 10/26/2020)

Oct. 26, 2020 PACER
38

ENTERED IN ERROR.....NOTICE of Appearance by Robert D. Fram on behalf of AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Fram, Robert) Modified on 10/27/2020 (zjf). (Entered: 10/26/2020)

Oct. 26, 2020 PACER

MINUTE ORDER. In view of 37 Plaintiffs' reply brief, in which Plaintiffs request for the first time that the Court order Defendants to take certain additional actions to comply with the Court's Order, ECF No. 31, Plaintiffs shall file a revised proposed order by no later than October 27, 2020 at 8:00 AM setting out the precise relief they seek. Signed by Judge Emmet G. Sullivan on 10/26/2020. (lcegs3)

Oct. 26, 2020 PACER
39

RESPONSE TO ORDER OF THE COURT re Order, Revised Proposed Order on Plaintiffs' Emergency Motion to Enforce and Monitor Compliance with Preliminary Injunction and Request for Expedited Briefing and Hearing filed by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG. (Duraiswamy, Shankar) (Entered: 10/26/2020)

Oct. 26, 2020 PACER

Set/Reset Deadlines:Plaintiffs Revised Proposed Order due no later than 8:00AM on 10/27/20. (mac)

Oct. 27, 2020 PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 10/27/2020. Until Further Notice, The Court Will Have A Daily Hearing at 3:00PM. Proposed Revised Or Competing Order due no later than 2:30PM on 10/27/2020. Hearing is set for 10/28/2020 at 3:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (Court Reporter SARA WICK.) (mac)

Oct. 27, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 38 Notice of Appearance, was entered in error and counsel was instructed to contact the Attorney Admission Clerk. (zjf)

Oct. 27, 2020 PACER
40

NOTICE of Proposed Order by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Duraiswamy, Shankar) (Entered: 10/27/2020)

Oct. 27, 2020 PACER

MINUTE ORDER granting 33 emergency motion to enforce and monitor compliance with preliminary injunction. It is hereby ORDERED that by no later than 9:00 AM on October 28, 2020, Defendants shall issue a one-page notice to Area Vice Presidents, Managers of Operations Support, and any other United States Postal Service ("USPS") personnel who were previously informed about the guidelines issued on July 14, 2020, by USPS Vice President of Logistics, Robert Cintron, regarding the use of late and extra trips: (1) "The guidelines issued on July 14, 2020, by USPS Vice President of Logistics, Robert Cintron, regarding the use of late and extra trips are rescinded;" and (2) "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. To be clear, late and extra trips should be performed to the same or greater degree than they were performed prior to July 2020 when doing so would increase on-time mail deliveries. Any prior communication that is inconsistent with this instruction should be disregarded." It is FURTHER ORDERED that by no later than 9:00 AM on October 29, 2020, Defendants shall issue a one-page notice to, or deliver a Stand-Up Talk to, all USPS personnel who may have job responsibilities related in any way to late and extra trips, stating that: "Late and extra trips will be approved to the maximum extent necessary to increase on-time mail deliveries, particularly for Election Mail. Any prior communication that is inconsistent with this should be disregarded. To be clear, late and extra trips will be approved to the same or greater degree than they were performed prior to July 2020 when doing so would increase on-time mail deliveries." It is FURTHER ORDERED that by no later than 9:00 AM on October 29, 2020, Defendants shall distribute, in the same form and to the same individuals who were previously advised about the need to "ensure that completed ballots reach the appropriate election official by the state's designated deadline," a list of state-specific statutory ballot receipt deadlines, so that USPS managers and employees can implement the Election Mail guidance that Defendants have recently issued. The parties shall confer and agree on the form and substance of the list. It is FURTHER ORDERED that beginning October 28, 2020 and until further order of the Court, Defendants shall file with the Court by 10:00 AM each day: (1) updated data on the number of extra and late trips performed the preceding day, at the Nation, Area, and District level, including any available data that is specific to Election Mail, to the maximum extent feasible; (2) updated data on the percentage of on-time deliveries at the Nation, Area, and District level, including any available data that is specific to Election Mail to the maximum extent feasible; and (3) any other reports generated after the date of this Order and produced to Congress, other courts, or other litigants. It is FURTHER ORDERED that beginning October 28, 2020 and until further order of the Court, the Court schedules a daily status conference at 3:00 PM via VIDEO TELECONFERENCE. The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 10/27/2020. (lcegs3)

Oct. 27, 2020 PACER

Set/Reset Deadlines: Defendant Filing due no later than 10:00AM on 10/28/2020 (mac)

Oct. 28, 2020 PACER
41

NOTICE of Data in Response to Court's October 27, 2020 Order by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Robinson, John) (Entered: 10/28/2020)

Oct. 28, 2020 PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 10/28/2020. Defendants Data Filing due no later than 10:00AM on 10/29/2020, Status Conference set for 10/29/2020 at 3:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (Court Reporter ELIZABETH SAINT-LOTH.) (mac)

Oct. 28, 2020 PACER
42

NOTICE of Appearance by Robert D. Fram on behalf of AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Fram, Robert) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
43

NOTICE of Data in Response to the Court's October 27, 2020 Order by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Robinson, John) (Entered: 10/29/2020)

Oct. 29, 2020 PACER
44

TRANSCRIPT OF PROCEEDINGS, before Judge Emmet G. Sullivan, held on 10-28-2020. Page Numbers: 1 - 19. Date of Issuance: 10-29-2020. Court Reporter: Elizabeth SaintLoth; Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/29/2020. Release of Transcript Restriction set for 1/27/2021.(Saint-Loth, Elizabeth) (Entered: 10/29/2020)

Oct. 29, 2020 PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 10/28/2020. Parties Will File Proposed Order With The Court. Defendants Data Filing due no later than 10:00AM on 10/30/2020, Status Conference set for 10/30/2020 at 5:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (Court Reporter LISA BANKINS.) (mac)

Oct. 29, 2020 PACER
45

NOTICE of Data in Response to the Court's October 27, 2020 Order by LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Robinson, John) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
46

NOTICE of Proposed Order (Joint) by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Duraiswamy, Shankar) (Entered: 10/30/2020)

Oct. 30, 2020 PACER

MINUTE ORDER. In view of 46 joint proposed order, it is hereby ORDERED that United States Postal Service (USPS) facilities in the following Districts, whose Election Mail processing scores for completed ballots returned by voters (Inbound Ballots) were below 90 percent for at least two days from October 26 to 28, shall implement the "Delivery" measures outlined in USPS's "Extraordinary Measures Memorandum" dated October 20, 2020 unless the implementation of any of the extraordinary measures, at a district or facility level, would create a significant risk of reducing the timely delivery of Inbound Ballots: Alabama, Alaska, Appalachian, Atlanta, Central Pennsylvania, Colorado/Wyoming, Detroit, Ft. Worth, Greater Indiana, Greater Michigan, Greater S. Carolina, Greensboro, Gulf Atlantic, Kentuckiana, Lakeland, Louisiana, Mid-Carolinas, Mississippi, Northern New England, Oklahoma, Rio Grande, and Triboro. Defendants shall promptly communicate this requirement to the relevant managerial and supervisory personnel within these Districts. It is FURTHER ORDERED that Defendants shall provide Plaintiffs available data from the nationwide survey of "extraordinary measures" being undertaken for Election Mail at USPS facilities, as it becomes available during the day on October 30, 2020. It is FURTHER ORDERED that beginning October 30, 2020 and until further order of the Court, by 3:00 PM each day, Defendants shall file with the Court a document explaining, for each USPS District whose Election Mail processing scores for Inbound Ballots were below 90 percent on each of the previous two days or below 80 percent on the previous day, Defendants' understanding, based on all reasonably available information, of potential explanations for the current level of service and any corrective measures that are now being implemented. It is FURTHER ORDERED that on October 30, 2020, Defendants shall make a USPS representative with expertise in postal operations available to speak with Plaintiffs and at the Conference before the Court to discuss and answer questions about the Postal Service's current plans and processes as they relate to the processing of Election Mail. It is FURTHER ORDERED that beginning October 30, 2020, and until further order of the Court, Defendants shall file with the Court data by 10:00 AM each day (except for October 30, 2020, in which case it shall be filed at the earliest reasonably available time and, in any event, no later than 3:00 PM) data on the absolute number of Inbound Ballots and Outbound Ballots captured in the Election Mail processing scores data produced pursuant to this Court's October 27, 2020 Minute Order. It is FURTHER ORDERED that beginning October 30, 2020, and until further order of the Court, Defendants shall provide to Plaintiffs by 11:00 AM each day native versions of the excel files of service performance data produced pursuant to this Court's October 27, 2020 Minute Order. It is FURTHER ORDERED that at the conference before the Court at 5:00 PM on October 30, 2020, Defendants shall make a USPS representative with expertise in the data processing scores for Election Mail that USPS is producing, including expertise with respect to the data and issues identified in paragraphs 3 through 5 above, available to answer questions from the parties and the Court about the data. This representative shall also be available to describe and answer questions related to: (a) the methodology used to calculate processing scores for "Inbound Ballots," "Outbound Ballots," and "Outbound Non-Ballot Election Mail," as those terms are used in Defendants' submission; and (b) a detailed and specific explanation of those reasons, if any, why Defendants contend those processing scores are unreliable. Signed by Judge Emmet G. Sullivan on 10/30/2020. (lcegs3)

Oct. 30, 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. 28, 2020

Case Ongoing: Yes

Case Details

Availably Documents:

Trial Court Docket