Case: Merrill v. Dunlap

1:20-cv-00248 | U.S. District Court for the District of Maine

Filed Date: July 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about accessible electronic voting and vote-by-mail procedures during the COVID-19 pandemic. On July 15, 2020, the plaintiffs, who are blind or legally blind, filed this lawsuit in the District of Maine against the state of Maine and four Maine towns and cities. Represented by Disability Rights Maine, the plaintiffs requested a preliminary and permanent injunction requiring Maine to provide vote-by-mail and electronic voting procedures that were accessible to blind voters. The pl…

This is a case about accessible electronic voting and vote-by-mail procedures during the COVID-19 pandemic. On July 15, 2020, the plaintiffs, who are blind or legally blind, filed this lawsuit in the District of Maine against the state of Maine and four Maine towns and cities. Represented by Disability Rights Maine, the plaintiffs requested a preliminary and permanent injunction requiring Maine to provide vote-by-mail and electronic voting procedures that were accessible to blind voters. The plaintiffs claimed that Maine’s failure to do so violated the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the Maine Human Rights Act. Upon filing the complaint, the case was assigned to Judge John A. Woodcock.

A month after the lawsuit was filed, the parties proposed to stay the deadlines to allow the Secretary of State to promptly begin implementing its plan to develop a system that could provide universally accessible PDF ballots for all municipalities in the State of Maine.

In late September 2020, the plaintiffs filed an amended complaint. The parties proceeded to discovery, before the plaintiffs voluntarily moved to dismiss their motion for preliminary injunction in mid-February 2021. The named plaintiffs acknowledged that they had received accessible ballots and were able to successfully vote in the 2020 presidential election.

The parties engaged in settlement discussions and an agreement was reached and filed with the court in May 2021, with the parties jointly moving to dismiss the lawsuit and have the court retain jurisdiction. Judge Woodcock agreed and entered a consent order for the settlement in June 2021. The settlement released the defendant municipalities from liability, and required municipalities to use an accessible absentee ballot, as well as prescribing training and reporting protocols. The settlement also required that the four named municipalities each pay $2,500 to Disability Rights Maine. The court maintained jurisdiction to enforce the settlement agreement until November 2024.

As of April 13, 2022, no litigation had occurred since Judge Woodcock’s consent orders. 

Summary Authors

Jane Fisher (4/13/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17354164/parties/merrill-v-dunlap/


Judge(s)

Rich, John H. III (Maine)

Woodcock, John A. Jr. (Maine)

Attorneys(s) for Plaintiff

Aiello, Kristin L. (Maine)

Hill, Eve Lynne (Maryland)

Rice, Peter M (Maine)

Attorneys(s) for Defendant

Gardiner, Phyllis (Maine)

Langsdorf, Stephen (Maine)

Lee, William A. (Maine)

Nicklas, Paul S. (Maine)

Rideout, Laura A. (Maine)

Judge(s)

Rich, John H. III (Maine)

Woodcock, John A. Jr. (Maine)

Attorneys(s) for Plaintiff

Aiello, Kristin L. (Maine)

Hill, Eve Lynne (Maryland)

Rice, Peter M (Maine)

Attorneys(s) for Defendant

Gardiner, Phyllis (Maine)

Langsdorf, Stephen (Maine)

Lee, William A. (Maine)

Nicklas, Paul S. (Maine)

Rideout, Laura A. (Maine)

Wright, Valerie A. (Maine)

Documents in the Clearinghouse

Document

1:20-cv-00248

Docket [PACER]

Nov. 19, 2020

Nov. 19, 2020

Docket
1

1:20-cv-00248

Complaint for Declaratory and Injunctive Relief

July 15, 2020

July 15, 2020

Complaint
25-1

1:20-cv-00248

First Amended Complaint for Declaratory and Injunctive Relief

Sept. 8, 2020

Sept. 8, 2020

Complaint
72

1:20-cv-00248

Settlement and Release Agreement

May 21, 2021

May 21, 2021

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17354164/merrill-v-dunlap/

Last updated Aug. 12, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF AUGUSTA, CITY OF BANGOR, CITY OF PORTLAND, MATTHEW DUNLAP, LISA GILLIAM, LISA GOODWIN, KATHERINE JONES, MAINE DEPARTMENT OF THE SECRETARY OF STATE, TRACY ROY, TOWN OF WINSLOW PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. (Service of Process Deadline 10/13/2020) Fee due by 7/17/2020.(bfa) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

Clearinghouse
2

CIVIL COVER SHEET. (bfa) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
3

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 8/5/2020. (Attachments: # 1 Exhibit A - declaration of Lynn Merrill, # 2 Exhibit B - declaration of Nicholas Giudice, # 3 Exhibit C - declaration of Pauline Lamontagne, # 4 Exhibit D - declaration of Cheryl Peabody, # 5 Exhibit E - declaration of Jonathan Lazar, # 6 Exhibit F - Curriculum Vitae of Dr. Jonathan Lazar, # 7 Exhibit G - National Federation of the Blind letter to Secretary Dunlap, # 8 Exhibit H - American Council of the Blind of Maine to Secretary Dunlap, # 9 Exhibit I - Disability Rights Maine letter to Secretary Dunlap, # 10 Exhibit J - declaration of Kristin Aiello)(bfa) (Entered: 07/15/2020)

1 Exhibit A - declaration of Lynn Merrill

View on PACER

2 Exhibit B - declaration of Nicholas Giudice

View on PACER

3 Exhibit C - declaration of Pauline Lamontagne

View on PACER

4 Exhibit D - declaration of Cheryl Peabody

View on PACER

5 Exhibit E - declaration of Jonathan Lazar

View on PACER

6 Exhibit F - Curriculum Vitae of Dr. Jonathan Lazar

View on PACER

7 Exhibit G - National Federation of the Blind letter to Secretary Dunlap

View on PACER

8 Exhibit H - American Council of the Blind of Maine to Secretary Dunlap

View on PACER

9 Exhibit I - Disability Rights Maine letter to Secretary Dunlap

View on PACER

10 Exhibit J - declaration of Kristin Aiello

View on PACER

July 15, 2020

July 15, 2020

Clearinghouse
4

Summons Issued as to CITY OF AUGUSTA, CITY OF BANGOR, CITY OF PORTLAND, MATTHEW DUNLAP, LISA GILLIAM, LISA GOODWIN, KATHERINE JONES, MAINE DEPARTMENT OF THE SECRETARY OF STATE, TRACY ROY, TOWN OF WINSLOW. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 City of Augusta summons, # 2 City of Bangor summons, # 3 City of Portland summons, # 4 Katherine Jones summons, # 5 Lisa Gilliam summons, # 6 Matthew Dunlap summons, # 7 State of Maine Department of the Secretary of State summons, # 8 Town of Winslow summons, # 9 Tracy Roy summons)(bfa) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
5

NOTICE of Appearance by PHYLLIS GARDINER on behalf of MATTHEW DUNLAP, MAINE DEPARTMENT OF THE SECRETARY OF STATE (GARDINER, PHYLLIS) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2275008.), filed by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE.(AIELLO, KRISTIN)

July 17, 2020

July 17, 2020

PACER
6

NOTICE of Appearance by VALERIE A. WRIGHT on behalf of MATTHEW DUNLAP, MAINE DEPARTMENT OF THE SECRETARY OF STATE (WRIGHT, VALERIE) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
7

NOTICE of Appearance by STEPHEN E. F. LANGSDORF on behalf of CITY OF AUGUSTA, TRACY ROY (LANGSDORF, STEPHEN) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
8

NOTICE of Appearance by LAURA A. RIDEOUT on behalf of CITY OF AUGUSTA, TRACY ROY (RIDEOUT, LAURA) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
9

NOTICE of Hearing: Telephone Conference set for 7/23/2020 03:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with the Court's call in information.(tcs) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
10

NOTICE of Appearance by WILLIAM A. LEE on behalf of TOWN OF WINSLOW (LEE, WILLIAM) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
11

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Order to issue. (Court Reporter: Dennis Ford) (tcs) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
12

ORDER staying all deadlines until August 10, 2020. The Court ORDERS the parties to file a joint status report on or before August 10, 2020, with an update on a settlement proposal or, if no settlement is reached, a proposed scheduling order. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
13

NOTICE of Hearing - Telephone Conference set for 8/10/2020 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in instructions. (tcs) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Order

July 24, 2020

July 24, 2020

PACER
14

NOTICE of Appearance by DANIELLE WEST-CHUHTA on behalf of CITY OF PORTLAND, KATHERINE JONES (WEST-CHUHTA, DANIELLE) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
15

NOTICE of Appearance by PAUL S. NICKLAS on behalf of CITY OF BANGOR, LISA GOODWIN (NICKLAS, PAUL) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
16

**FILED IN ERROR** AFFIDAVIT of Service by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. All Defendants. (Attachments: # 1 Affidavit Proof of Service State of Maine, # 2 Affidavit Proof of Service Augusta, # 3 Affidavit Proof of Service Roy, # 4 Affidavit Proof of Service Goodwin, # 5 Affidavit Proof of Service Bangor, # 6 Affidavit Proof of Service Jones, # 7 Affidavit Proof of Service Portland, # 8 Affidavit Proof of Service Gilliam, # 9 Affidavit Proof of Service Winslow)(AIELLO, KRISTIN) Modified on 8/10/2020 to indicate entry was marked as filed in error, counsel to refile as separate entries at the request of the clerk's office. (tcs). (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
17

STATUS REPORT by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY. (AIELLO, KRISTIN) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
18

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Joint Status Report due on or before 8/14/2020. (Court Reporter: Julie Edgecomb) (tcs) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
19

NOTICE of Hearing: Telephone Conference set for 8/14/2020 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information. (tcs) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
20

STATUS REPORT by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY. (AIELLO, KRISTIN) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
21

Joint ORAL MOTION to Continue Stay by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
22

ORAL ORDER granting 21 Motion to Continue Stay. This matter will remain stayed until September 14, 2020. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
23

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Next Joint Status Report due on or before 9/14/2020 (Court Reporter: Lori Dunbar) (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
24

NOTICE of Hearing: Telephone Conference set for 9/14/2020 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in instructions. (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

Order on Motion to Stay

Aug. 14, 2020

Aug. 14, 2020

PACER
25

First MOTION to Amend 1 Complaint,, by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 9/29/2020. (Attachments: # 1 Exhibit First Amended Complaint)(AIELLO, KRISTIN) (Entered: 09/08/2020)

1 Exhibit First Amended Complaint

View on Clearinghouse

Sept. 8, 2020

Sept. 8, 2020

Clearinghouse
26

MOTION to Substitute Party by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 9/29/2020. (AIELLO, KRISTIN) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
27

***FILED IN ERROR*** NOTICE of Appearance by KRISTIN L. AIELLO on behalf of All Plaintiffs (AIELLO, KRISTIN) Modified on 9/9/2020 to indicate entry was filed in error, counsel to refile using correct log in(tcs). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
28

MOTION for Conference of Counsel by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 9/29/2020. (AIELLO, KRISTIN) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
29

ORDER granting 28 Motion for Conference of Counsel By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
30

NOTICE of Appearance by PETER M. RICE on behalf of All Plaintiffs (RICE, PETER) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
31

NOTICE of TELEPHONIC Hearing: Conference of Counsel set for 9/9/2020 01:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information. (tcs) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
32

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephonic Conference of Counsel begun. Conference to be continued to a later date. In lieu of the telephonic conference of counsel held September 9, 2020, the telephone conference scheduled for September 14, 2020 at 2:00PM has been cancelled. (Court Reporter: Melissa Merenberg) (tcs) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Order on Motion for Conference of Counsel

Sept. 9, 2020

Sept. 9, 2020

PACER
33

NOTICE of Telephonic Hearing:Continued Conference of Counsel set for 9/22/2020 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information.(tcs) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
34

NOTICE of Hearing on Motion 3 MOTION for Preliminary Injunction; MOTION for Temporary Restraining Order: Evidentiary Hearing set for 10/5/2020 10:00 AM in Bangor Courtroom 1 before JUDGE JOHN A. WOODCOCK JR. (tcs) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
35

CERTIFICATION for Admission Pro Hac Vice of Eve Hill filed by KRISTIN L. AIELLO on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2322095.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (Attachments: # 1 Exhibit ELH Bar Admissions, # 2 Exhibit Certificate of Good Standing)(AIELLO, KRISTIN) (Main Document 35 replaced on 9/22/2020) (tcs). (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
36

NOTICE of Docket Entry Modification regarding 35 Certification for Admission Pro Hac Vice - The Main Document was replaced at request of counsel to correct missing checked boxes on certification. (tcs) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
37

STATUS REPORT by MATTHEW DUNLAP, MAINE DEPARTMENT OF THE SECRETARY OF STATE. (WRIGHT, VALERIE) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

RECAP
38

ORAL ORDER cancelling without objection Evidentiary Hearing scheduled for October 5, 2020. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
39

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Conference of Counsel held. (Court Reporter: Melissa Merenberg) (tcs) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
40

NOTICE of Telephonic Hearing: Next Conference of Counsel set for 11/19/2020 10:00 AM before JUDGE JOHN A. WOODCOCK JR. Parties shall be provided with Court's call in instructions closer to the date of hearing. (tcs) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER

Order

Sept. 22, 2020

Sept. 22, 2020

PACER
41

ORDER granting 25 Motion to Amend Complaint; granting 26 Motion to Substitute Party. Defendant KELLY GOOLDRUP added, Defendant TRACY ROY terminated. REMINDER: After entry of this Order, counsel are REQUIRED to separately file the AMENDED COMPLAINT Document By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
42

First AMENDED COMPLAINT against All Defendants, filed by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. (Service of Process Deadline 12/29/2020)(AIELLO, KRISTIN) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP

Order on Motion to Substitute Party AND Order on Motion to Amend

Sept. 30, 2020

Sept. 30, 2020

PACER
43

ORAL ORDER Continuing Stay. This matter shall remain stayed until February 4, 2021. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
44

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. (Court Reporter: Dennis Ford) (tcs) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
45

NOTICE of Hearing: Telephone Conference set for 2/4/2021 10:00 AM before JUDGE JOHN A. WOODCOCK JR. Parties shall be provided with Court's call in instructions closer to the date of hearing.(tcs) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER

Order

Nov. 19, 2020

Nov. 19, 2020

PACER
46

SUMMONS Returned Executed on July 20, 2020 by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. (Attachments: # 1 Summons Returned Executed as to Lisa Gilliam)(AIELLO, KRISTIN) Modified on 1/7/2021 to add date service was executed (tcs). (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
47

SUMMONS Returned Executed on July 21, 2020 by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. KATHERINE JONES served on 7/21/2020. (Attachments: # 1 Summons Returned Executed as to Matthew Dunlap, # 2 Summons Returned Executed as to City of Augusta, # 3 Summons Returned Executed as to Tracy Roy, # 4 Summons Returned Executed as to City of Portland, # 5 Summons Returned Executed as to Katherine Jones)(AIELLO, KRISTIN) Modified on 1/7/2021 to add date service was executed (tcs). (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
48

SUMMONS Returned Executed on July 27, 2020 by NICHOLAS GIUDICE, CHERYL PEABODY, LYNN MERRILL, PAULINE LAMONTAGNE. CITY OF BANGOR served on 7/27/2020. (Attachments: # 1 Summons Returned Executed as to Lisa Goodwin)(AIELLO, KRISTIN) Modified on 1/7/2021 to add date service was executed (tcs). (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
49

MOTION to Substitute Party by MATTHEW DUNLAP and MAINE DEPARTMENT OF THE SECRETARY OF STATE. Responses due by 2/9/2021. (GARDINER, PHYLLIS) Modified on 1/19/2021 to remove non-applicable parties (jgd). (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
50

NOTICE of Docket Entry Modification regarding 49 MOTION to Substitute Party: This docket entry has been modified to remove the following defendants as filers: CITY OF AUGUSTA, CITY OF BANGOR, CITY OF PORTLAND, LISA GILLIAM, LISA GOODWIN, KELLY GOOLDRUP, KATHERINE JONES, TRACY ROY, and TOWN OF WINSLOW. (jgd) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
51

ORDER granting 49 Motion to Substitute Party. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Order on Motion to Substitute Party

Jan. 19, 2021

Jan. 19, 2021

PACER
52

NOTICE OF RESCHEDULED HEARING - Telephone Conference set for 2/16/2021 03:30 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with the Court's call in instructions. (tcs) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
53

Oral ORDER Continuing Stay. This matter shall remain stayed until March 16, 2021. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
54

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. (Court Reporter: Julie Edgecomb) (tcs) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
55

NOTICE of Hearing: Telephone Conference set for 3/16/2021 02:00 PM before JUDGE JOHN A. WOODCOCK JR. All participants have been provided with the Court's call-in information. (tcs) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Order

Feb. 16, 2021

Feb. 16, 2021

PACER
56

MOTION to Dismiss without prejudice Plaintiffs' Motion for TRO or Preliminary Injunction by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 3/10/2021. (AIELLO, KRISTIN) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

RECAP
57

ORDER granting 56 Motion to Dismiss; dismissing without prejudice 3 Motion for Preliminary Injunction; dismissing without prejudice 3 Motion for TRO By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER

Order on Motion for TRO AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss

Feb. 22, 2021

Feb. 22, 2021

PACER

Order on Motion for TRO AND Order on Motion to Dismiss AND Order on Motion for Preliminary Injunction

Feb. 22, 2021

Feb. 22, 2021

PACER

Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND Order on Motion to Dismiss

Feb. 22, 2021

Feb. 22, 2021

PACER
58

NOTICE of Appearance by JOSHUA SAUCIER on behalf of CITY OF BANGOR, LISA GOODWIN (SAUCIER, JOSHUA) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
59

Joint MOTION for Confidentiality Order by SHENNA BELLOWS, MAINE DEPARTMENT OF THE SECRETARY OF STATE Responses due by 3/22/2021. (Attachments: # 1 Text of Proposed Order)(WRIGHT, VALERIE) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
60

CONSENT CONFIDENTIALITY ORDER granting 59 Motion for Confidentiality Order By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
61

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephonic Conference of Counsel held. Case to remain stayed until the next telephonic conference of counsel on April 14, 2021. (Court Reporter: Julie Edgecomb) (tcs) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
62

NOTICE of Telephonic Hearing: Conference of Counsel set for 4/14/2021 02:00 PM before JUDGE JOHN A. WOODCOCK JR. All participants have been provided with Court's call-in information. (tcs) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
63

Unopposed MOTION to Continue by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 5/4/2021. (AIELLO, KRISTIN) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
64

ORDER granting 63 Motion to Continue Telephone Conference By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
65

NOTICE of Rescheduled Hearing: Telephonic Conference of Counsel set for 5/11/2021 02:00 PM before JUDGE JOHN A. WOODCOCK JR. All participants have been provided with the Court's call-in information. (tcs) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER

Order on Motion to Continue

April 14, 2021

April 14, 2021

PACER
66

MOTION by Attorney Phyllis Gardiner to Withdraw as Attorney by SHENNA BELLOWS, MATTHEW DUNLAP, MAINE DEPARTMENT OF THE SECRETARY OF STATE Responses due by 5/25/2021. (GARDINER, PHYLLIS) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
67

ORDER granting 66 Attorney Phyllis Gardiner's Motion to Withdraw as Attorney. By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER

Order on Motion to Withdraw as Attorney

May 4, 2021

May 4, 2021

PACER
68

Joint MOTION to Dismiss; Motion to Retain Jurisdiction by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 5/26/2021. (Attachments: # 1 Exhibit, # 2 Exhibit)(AIELLO, KRISTIN).(tcs). Modified on 5/5/2021 to add motion to retain and clean up docket text(tcs). (Entered: 05/05/2021)

1 Exhibit

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2 Exhibit

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May 5, 2021

May 5, 2021

PACER
69

Unopposed MOTION to Continue by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 5/26/2021. (AIELLO, KRISTIN) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
70

ORDER granting 69 Motion to Continue Telephone Conference By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
71

NOTICE of Rescheduled Hearing: Telephonic Conference of Counsel set for 6/8/2021 02:00 PM before JUDGE JOHN A. WOODCOCK JR. The call in instructions previously provided to the participants will remain the same. (tcs) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER

Order on Motion to Continue

May 5, 2021

May 5, 2021

PACER
72

Joint MOTION to Dismiss and for Court to Retain Jurisdiction by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 6/11/2021. (Attachments: # 1 Exhibit Settlement & Release Agmt - Municipalities, # 2 Exhibit Joint Stipulation of Dismissal)(AIELLO, KRISTIN) (Entered: 05/21/2021)

1 Exhibit Settlement & Release Agmt - Municipalities

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2 Exhibit Joint Stipulation of Dismissal

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May 21, 2021

May 21, 2021

Clearinghouse
73

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephonic Conference of Counsel held. Amended Motions to Dismiss due by 6/9/2021. (Court Reporter: Lori Dunbar) (tcs) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
74

Joint MOTION to Dismiss and for Court to Retain Jurisdiction by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 6/30/2021. (Attachments: # 1 Exhibit Settlement Agmt - State, # 2 Exhibit Joint Stipulation of Dismissal)(AIELLO, KRISTIN) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
75

Joint MOTION to Dismiss and for Court to Retain Jurisdiction by NICHOLAS GIUDICE, PAULINE LAMONTAGNE, LYNN MERRILL, CHERYL PEABODY Responses due by 6/30/2021. (Attachments: # 1 Exhibit Settlement Agmt - municipalities, # 2 Exhibit Join Stipulation of Dismissal - municipalities)(AIELLO, KRISTIN) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
76

CONSENT ORDER REGARDING SETTLEMENT AGREEMENT; granting 75 Motion for the Court to Retain Jurisdiction By JUDGE JOHN A. WOODCOCK, JR. (Attachments: # 1 Settlement and Release Agreement) (tcs) Modified on 6/24/2021 to clean up docket text (tcs).

June 24, 2021

June 24, 2021

RECAP
77

CONSENT ORDER REGARDING SETTLEMENT AGREEMENT granting 74 Motion for the Court to Retain Jurisdiction By JUDGE JOHN A. WOODCOCK, JR. (Attachments: # 1 Settlement and Release Agreement) (tcs) Modified on 6/24/2021 to clean up docket text (tcs).

June 24, 2021

June 24, 2021

RECAP
78

ORDER dismissing 68 Motion to Dismiss, Motion to for Court to Retain as Moot; dismissing 72 Motion to Dismiss, Motion to for Court to Retain Jurisdiction as Moot By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
79

NOTICE of Docket Entry Modification regarding 76, 77 Consent Orders Regarding Settlement Agreement - Please note these entries were modified to correct the Clerk's error of including the orders to dismiss as moot within the same docket entry. The Order has been correctly docketed at ECF No. 78. (tcs) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER

Order

June 24, 2021

June 24, 2021

PACER

Case Details

State / Territory: Maine

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights Maine and 4 named plaintiffs with vision impairments

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Portland (Cumberland), City

City of Augusta (Kennebec), City

City of Bangor (Penobscot), City

Town of Winslow (Kennebec), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $10,000

Order Duration: 2021 - 2024

Content of Injunction:

Monitoring

Reasonable Accommodation

Reporting

Training

Issues

General:

Reasonable Accommodations

Voting

Voting access

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Voting:

Election administration