Case: Drenth v. Boockvar

1:20-cv-00829 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: May 21, 2020

Closed Date: Aug. 18, 2020

Clearinghouse coding complete

Case Summary

This is a case about accessible ballots for blind individuals in Pennsylvania. On May 21, 2020, a blind individual who was registered to vote in Pennsylvania and the National Federation of the Blind of Pennsylvania filed this lawsuit in the United States District Court for the Middle District of Pennsylvania. The plaintiffs sued the Secretary of the Commonwealth and the Department of State of the Commonwealth of Pennsylvania under the Americans with Disabilities Act and the Rehabilitation Act. …

This is a case about accessible ballots for blind individuals in Pennsylvania. On May 21, 2020, a blind individual who was registered to vote in Pennsylvania and the National Federation of the Blind of Pennsylvania filed this lawsuit in the United States District Court for the Middle District of Pennsylvania. The plaintiffs sued the Secretary of the Commonwealth and the Department of State of the Commonwealth of Pennsylvania under the Americans with Disabilities Act and the Rehabilitation Act. Represented by Disability Rights Pennsylvania and Brown, Goldstein, & Levy, the plaintiffs sought a temporary restraining order, a preliminary and permanent injunction, a declaratory judgment, and attorney’s fees. They claimed that Pennsylvania's election policies violated the rights of the blind by not providing accessible ballots for blind individuals to vote privately and independently from home. Due to COVID, their argument was that these policies (i.e., not providing accessible ballots) forced blind individuals to either forfeit their right to vote privately and independently or risk their health and safety by traveling to a polling place to vote in person.

On May 27, 2020, Judge Jennifer P. Wilson granted a preliminary injunction requiring Defendants to make the Accessible Write-In Ballot ("AWIB") remedy available to eligible voters in the Commonwealth of Pennsylvania. Plaintiffs had requested Pennsylvania’s military absentee ballot (i.e., the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”) absentee ballot) be made accessible and available to blind and low-vision Pennsylvanians in time for the June 2, 2020 primary. Defendants argued that the use of the UOCAVA would not be feasible in Pennsylvania, and instead proposed the AWIB. Plaintiffs argued that AWIB introduced the potential for significant confusion and errors when filling out ballots that would lead to blind voters’ ballots being rejected, a problem that could be avoided through the use of UOCAVA. However, the court noted that it could not ignore the reality of the inability of defendants to implement the UOCAVA remedy within the time remaining before the primary election. Thus, the court issued the preliminary injunction requiring defendants to make the AWIB available to eligible voters in the Commonwealth of Pennsylvania pursuant to certain requirements. This preliminary injunction expired at the conclusion of the June 2, 2020 primary election and all vote tabulations thereto, and had no effect on the November 2020 elections or any elections thereafter. 2020 WL 2745729.

After the primary election and discovery, both parties filed motions for summary judgment. On August 18, 2020, Judge Jennifer P. Wilson issued a memorandum stating that because plaintiffs obtained the relief that they originally requested with respect to the November 2020 general election and all subsequent elections, the Plaintiffs’ claims arising from those elections were moot. Thus, Judge Wilson granted the Defendants' motion for summary judgment and denied the Plaintiffs' motion for summary judgment. 2020 WL 4805621. The case is now closed.

Summary Authors

Michelle Wolk (1/23/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17199291/parties/drenth-v-boockvar/


Judge(s)

Wilson, Jennifer Philpott None (Pennsylvania)

Attorneys(s) for Plaintiff

Darr, Kelly L. (Pennsylvania)

Flowers, Kobie A. (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

Resnick, Robin (Pennsylvania)

Strawbridge, James O. (Maryland)

Attorneys(s) for Defendant

Boland, Nicole J (Pennsylvania)

Moniak, Stephen (Pennsylvania)

Judge(s)

Wilson, Jennifer Philpott None (Pennsylvania)

Attorneys(s) for Plaintiff

Darr, Kelly L. (Pennsylvania)

Flowers, Kobie A. (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

Resnick, Robin (Pennsylvania)

Strawbridge, James O. (Maryland)

Attorneys(s) for Defendant

Boland, Nicole J (Pennsylvania)

Moniak, Stephen (Pennsylvania)

Documents in the Clearinghouse

Document

1:20-cv-00829

Docket [PACER]

Aug. 18, 2020

Aug. 18, 2020

Docket
1

1:20-cv-00829

Complaint

May 21, 2020

May 21, 2020

Complaint
31

1:20-cv-00829

Opinion

2020 WL 2745729

May 27, 2020

May 27, 2020

Order/Opinion
32

1:20-cv-00829

Order

May 27, 2020

May 27, 2020

Order/Opinion
81

1:20-cv-00829

Order

Aug. 18, 2020

Aug. 18, 2020

Order/Opinion
80

1:20-cv-00829

Opinion

2020 WL 4805621

Aug. 18, 2020

Aug. 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17199291/drenth-v-boockvar/

Last updated Aug. 14, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania ( Filing fee $400, Receipt Number 0314-5099580), filed by National Federation of the Blind of Pennsylvania, Joseph Drenth. (Attachments: # 1 Civil Cover Sheet)(pjr) (Entered: 05/21/2020)

1 Civil Cover Sheet

View on PACER

May 21, 2020

May 21, 2020

Clearinghouse
2

Summons Issued as to Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (pjr) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

SPECIAL ADMISSION FORM for Kobie Flowers can be obtained at http://www.pamd.uscourts.gov/forms/petition-admission-practice. (pjr)

May 21, 2020

May 21, 2020

PACER
3

SCHEDULING ORDER - IT IS ORDERED AS FOLLOWS: A telephonic status conference is scheduled for Friday, May 22, 2020 at 3:00 p.m. Counsel shall be prepared to discuss the complaint and the possibility of an expedited briefing schedule on Plaintiffs request for injunctive relief. SEE ORDER FOR FURTHER DETAILS. Signed by Honorable Jennifer P. Wilson on 5/21/2020. (ve) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
4

First MOTION for Temporary Restraining Order OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Darr, Kelly) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
5

BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER OR, IN THE ALTERNATIVE, PRELIMINARY INJUNCTION re 4 First MOTION for Temporary Restraining Order OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Exhibit(s) Exhibit List, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N)(Darr, Kelly) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
6

SUMMONS Returned Executed by National Federation of the Blind of Pennsylvania, Joseph Drenth. Kathy Boockvar served on 5/21/2020, answer due 6/11/2020. (Darr, Kelly) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
7

SUMMONS Returned Executed by National Federation of the Blind of Pennsylvania, Joseph Drenth. Department of State of the Commonwealth of Pennsylvania served on 5/21/2020, answer due 6/11/2020. (Darr, Kelly) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
8

CERTIFICATE of of Service by Joseph Drenth, National Federation of the Blind of Pennsylvania re 3 Scheduling Order, . (Darr, Kelly) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
9

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kobie A Flowers on behalf of All Plaintiffs Attorney Kobie Flowers is seeking special admission. Filing fee $ 50, receipt number 0314-5101189.. (Flowers, Kobie) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
10

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by James O Strawbridge on behalf of All Plaintiffs Attorney James Strawbridge is seeking special admission. Filing fee $ 50, receipt number 0314-5101209.. (Strawbridge, James) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

DOCKET ANNOTATION: Petitioner(s) Strawbridge and Flowers and Associate Counsel - Bar Status Verified. (ve)

May 22, 2020

May 22, 2020

PACER
11

SPECIAL ADMISSIONS FORM APPROVED as to James Strawbridge, Esq. Signed by Honorable Jennifer P. Wilson on 5/22/2020. (ve) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
12

SPECIAL ADMISSIONS FORM APPROVED as to Kobie Flowers, Esq. Signed by Honorable Jennifer P. Wilson on 5/22/2020. (ve) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
13

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Sharon M Krevor-Weisbaum on behalf of All Plaintiffs Attorney Sharon Krevor-Weisbaum is seeking special admission. Filing fee $ 50, receipt number 0314-5101428.. (Krevor-Weisbaum, Sharon) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

DOCKET ANNOTATION: Petitioner Sharon Krevor-Weisbaum and Associate Counsel Bar Status Verified (mfa)

May 22, 2020

May 22, 2020

PACER
14

SPECIAL ADMISSIONS FORM APPROVED as to Sharon Krevor-Weisbaum, Esq. Signed by Honorable Jennifer P. Wilson on 5/22/2020. (ve) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
16

ORDER - IT IS ORDERED THAT: 1. The deadline of Tuesday, May 26, 2020, for all Pennsylvania voters to submit an application for an absentee or mail-in ballot shall remain unchanged. 2. In order to allow the parties to confer on the possibility of a stipulated remedy to be applied to the June 2, 2020 primary election, the court will defer ruling on the motion. 3. To the extent that the parties are able to agree to a stipulated remedy on the motion, said stipulated remedy shall apply to all Pennsylvania voters who apply or have applied for an absentee or mail-in ballot by the deadline of May 26, 2020, with the exception of those voters who have already submitted an absentee or write-in ballot using the currently available paper ballot. 4. In order to avoid the potential futility of a court-ordered remedy in the event that the parties cannot agree to a stipulated remedy, Defendants brief in opposition to the motion shall be filed by 5:00 pm on Sunday, May 24, 2020. 5. Plaintiffs reply brief shall be filed by 12:00 pm on Tuesday, May 26,2020. 6. A telephonic hearing on the motion is scheduled for Wednesday, May 27, 2020 at 1:00 p.m. Plaintiffs counsel shall arrange a call-in number and pass code, and provide that information to the court and opposing counsel at least one hour prior to the call. The hearing shall last no more than two hours. Signed by Honorable Jennifer P. Wilson on 5/22/2020. (ve) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
17

Unopposed MOTION to Exceed Page Limitation by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
18

BRIEF IN OPPOSITION re 4 First MOTION for Temporary Restraining Order OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Declaration Jonathan Marks)(Boland, Nicole) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
19

Unopposed MOTION to Exceed Page Limitation for Reply Brief in support of Motion for Temporary Restraining Order or, in the Alternative, for a Preliminary Injunction by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Darr, Kelly) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

PACER
20

ORDER - IT IS ORDERED that the motions 17, 19 are GRANTED. Accordingly, Defendants brief in opposition to Plaintiffs motion for temporary restraining order and/or preliminary injunction is deemed properly filed, and Plaintiffs are permitted to file a reply brief in support of the motion that is not to exceed twenty-eight pages in length exclusive of the cover page, table of contents, table of authorities, and certifications.Signed by Honorable Jennifer P. Wilson on 5/26/2020 (ve) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
21

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robin Resnick on behalf of All Plaintiffs Attorney Robin Resnick is seeking special admission. Filing fee $ 50, receipt number 0314-5102085., filed by on behalf of All Plaintiffs.(Resnick, Robin) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
22

NOTICE of Appearance by Robin Resnick on behalf of All Plaintiffs (Resnick, Robin) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

DOCKET ANNOTATION: Petitioner Robin Resnick is advised to file a code of professional conduct for petition, refile as a 'Document Filed' Do not refile the petition (mfa)

May 26, 2020

May 26, 2020

PACER
23

SCHEDULING ORDER - IT IS ORDERED that a status conference is scheduled for today, May 26, 2020, at 3:30 p.m. The conference will be by telephone. The court will provide call-in information for all counsel prior to the conference. Signed by Honorable Jennifer P. Wilson on 5/26/2020. (ve) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
24

REPLY BRIEF re 4 First MOTION for Temporary Restraining Order OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Exhibit(s) Exhibit List, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E)(Flowers, Kobie) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
25

Code of Professional Conduct by Joseph Drenth, National Federation of the Blind of Pennsylvania. 21 Petition for Special Admission - Pro Hac Vice, . (Resnick, Robin) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

DOCKET ANNOTATION: Petitioner Robin Resnick and Associate Counsel Bar Status Verified (mfa)

May 26, 2020

May 26, 2020

PACER
26

SPECIAL ADMISSIONS FORM APPROVED as to Robin Resnick, Esq. Signed by Honorable Jennifer P. Wilson on 5/26/2020. (ve) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
28

ORDER - IT IS ORDERED THAT all exhibits submitted by Plaintiffs and Defendants counsel via email prior to the evidentiary hearing held on this date are admitted to the record. Signed by Honorable Jennifer P. Wilson on 5/27/2020. (ve) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
29

EXHIBITS re: Evidentiary Hearing held on May 27, 2020. (Attachments: # 1 Plaintiff's Exhibit - Electronic Version of the Federal Write-In Absentee Ballot, # 2 Defendant Exhibit - Accessible Write In Ballot, # 3 Defendant Exhibit - Ballot Return Instructions, # 4 Defendant Exhibit - Republican Party Candidate List, # 5 Defendant Exhibit - Request for Accessible Ballot, # 6 Defendant Exhibit - Write-In Envelope, # 7 Defendant Exhibit - Mercer County UOCAVA, # 8 Defendant Exhibit - Adams County UOCAVA, # 9 Defendant Exhibit - Ellen Strom Resume 2020)(ve) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
31

MEMORANDUM (Order to follow as separate docket entry) re 4 First MOTION for Temporary Restraining Order OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION filed by National Federation of the Blind of Pennsylvania, Joseph Drenth. Signed by Honorable Jennifer P. Wilson on 5/27/2020. (ve) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

Clearinghouse
32

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the motion for temporary restraining order and/or preliminary injunction is GRANTED. See order for further details. Signed by Honorable Jennifer P. Wilson on 5/27/2020. (ve) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

Clearinghouse
33

ORDER - IT IS ORDERED that a status conference is scheduled for June 9, 2020, at 10:00 a.m. The conference will be by telephone. Plaintiffs counsel shall arrange a call-in number and pass code, and provide that information to the court and opposing counsel at least one hour prior to the call. The purpose of the call will be to set a schedule for the remainder of this case. Signed by Honorable Jennifer P. Wilson on 5/29/2020. (ve) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
35

SCHEDULING ORDER - IT IS ORDERED that on or before June 19, 2020, the parties shall file a joint case management plan. IT IS FURTHER ORDERED that this case is listed for trial on September 2, 2020 beginning at 9:30 a.m. in Courtroom No. 4, Eighth Floor, Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania. This is a date certain, and counsel are attached for trial from September 2, 2020 through September 4, 2020. Signed by Honorable Jennifer P. Wilson on 6/9/2020. (ve) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
36

ANSWER to 1 Complaint, by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
37

Corporate Disclosure Statement by Joseph Drenth, National Federation of the Blind of Pennsylvania identifying Corporate Parent National Federation of the Blind of Pennsylvania for National Federation of the Blind of Pennsylvania.. (Flowers, Kobie) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
38

CASE MANAGEMENT PLAN (Joint) by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Resnick, Robin) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
39

CASE MANAGEMENT ORDER - Fact Discovery due by 8/1/2020. Final Pretrial Conference set for 8/19/2020 at 10:30 AM. Dispositive Motions due by 7/15/2020. Pretrial Memos due by 8/7/2020. Bench Trial set for 9/2/2020 09:30 AM before Honorable Jennifer P. Wilson. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Jennifer P. Wilson on 6/23/2020. (ktt) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
40

CIVIL PRACTICE ORDER - Signed by Honorable Jennifer P. Wilson on 6/23/2020. (ktt) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
41

NOTICE of Appearance by Stephen Moniak on behalf of All Defendants (Moniak, Stephen) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of video conference TRO hearing held on 27 May 2020 before Judge Wilson. Court Reporter: Wesley J. Armstrong, RMR (contact at Wesley_Armstrong@pamd.uscourts.gov). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020. (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
43

Joint MOTION to Exceed Page Limitation by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Proposed Order)(Resnick, Robin) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
44

ORDER granting 43 Motion for Leave to File Excess Pages. Signed by Honorable Jennifer P. Wilson on 7/7/2020 (ve) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
45

Unopposed MOTION for Extension of Time to Dispositive Motion and Expert Report Deadlines(One Week) by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

DOCKET ANNOTATION: Counsel is advised to file a proposed order for Doc. 45. (pjr)

July 7, 2020

July 7, 2020

PACER
46

Proposed Order by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. 45 Unopposed MOTION for Extension of Time to Dispositive Motion and Expert Report Deadlines(One Week) . (Boland, Nicole) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
47

AMENDED CASE MANAGEMENT ORDER granting 45 Unopposed MOTION for Extension of Time to Dispositive Motion and Expert Report Deadlines. Signed by Honorable Jennifer P. Wilson on 7/9/2020. (ve) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
48

MOTION for Partial Summary Judgment by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Certificate of Nonconcurrence)(Resnick, Robin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
49

BRIEF IN SUPPORT of Plaintiffs' Motion for Partial Summary Judgement re 48 MOTION for Partial Summary Judgment filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Statement, # 2 Exhibit(s) Exhibit List, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s), # 22 Exhibit(s), # 23 Exhibit(s), # 24 Exhibit(s), # 25 Exhibit(s), # 26 Exhibit(s), # 27 Exhibit(s), # 28 Exhibit(s), # 29 Exhibit(s), # 30 Exhibit(s), # 31 Exhibit(s), # 32 Exhibit(s), # 33 Proposed Order)(Resnick, Robin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
50

MOTION for Summary Judgment by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
51

STATEMENT OF FACTS re 50 MOTION for Summary Judgment by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit(s) A- Marks Transcript, # 2 Exhibit(s) B- CARES Letter, # 3 Exhibit(s) C- Marks Declaration, # 4 Exhibit(s) D- Fed. Guidance re Dangers of Electronic Submission, # 5 Exhibit(s) E- Drenth Transcript, # 6 Exhibit(s) F- NFB Inquiry Responses)(Boland, Nicole) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
52

CERTIFICATE of by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania re 51 Statement of Facts, Certificate of Service. (Boland, Nicole) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
53

BRIEF IN SUPPORT re 50 MOTION for Summary Judgment filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
54

ANSWER TO STATEMENT OF FACTS re 51 Statement of Facts, filed by Joseph Drenth, National Federation of the Blind of Pennsylvania.(Resnick, Robin) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
55

BRIEF IN OPPOSITION re 50 MOTION for Summary Judgment filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order)(Resnick, Robin) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
56

BRIEF IN OPPOSITION re 48 MOTION for Partial Summary Judgment filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
57

ANSWER TO STATEMENT OF FACTS re 49 Brief in Support of Motion for Summary Judgment,,, filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
58

MOTION in Limine to Exclude Evidence Regarding the AWIB by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
59

BRIEF IN SUPPORT re 58 MOTION in Limine to Exclude Evidence Regarding the AWIB filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
60

SCHEDULING ORDER - IT IS ORDERED that a status conference is scheduled for August 18, 2020, at 9:30 a.m. to discuss the logistics of the September 2, 2020 bench trial. The conference will be by telephone. Counsel for Plaintiffs shall initiate the call by calling chambers at (717) 221-3970 after all counsel are on the line. Signed by Honorable Jennifer P. Wilson on 8/4/2020. (ve) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
61

PRETRIAL MEMORANDUM by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Attachment 1 (Stipulations), # 2 Attachment 2 (Exhibit List), # 3 Attachment 3 (Pls.' Proposed Findings of Fact and Conclusions of Law))(Resnick, Robin) (Entered: 08/07/2020)

1 Attachment 1 (Stipulations)

View on PACER

2 Attachment 2 (Exhibit List)

View on PACER

3 Attachment 3 (Pls.' Proposed Findings of Fact and Conclusions of Law)

View on RECAP

Aug. 7, 2020

Aug. 7, 2020

PACER
62

REPLY BRIEF re 48 MOTION for Partial Summary Judgment filed by Joseph Drenth, National Federation of the Blind of Pennsylvania.(Resnick, Robin) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
63

REPLY BRIEF re 50 MOTION for Summary Judgment filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit(s) A- Supplemental Marks Declaration)(Boland, Nicole) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
64

PRETRIAL MEMORANDUM by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Stipulations, # 2 Exhibit List, # 3 Findings of Fact & Conclusions of Law)(Boland, Nicole) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
65

Letter from Defendants re Expert Discovery Disputes . (Boland, Nicole) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
66

SCHEDULING ORDER - IT IS ORDERED that a discovery conference is scheduled for tomorrow, August 11, 2020 at 10:30 a.m. The conference will be by telephone. Call-in information was previously provided to counsel via email. Signed by Honorable Jennifer P. Wilson on 8/10/2020. (ve) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
67

ORDER - IT IS ORDERED that the status conference currently scheduled for August 18, 2020, at 9:30 a.m. is CANCELED. All logistical issues noted in the courts prior scheduling order, see Doc. 60, shall be discussed during the pretrial conference on August 19, 2020 at 10:30 a.m. Signed by Honorable Jennifer P. Wilson on 8/10/2020. (ve) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
68

Letter from Plaintiffs - Expert Discovery Dispute Response . (Flowers, Kobie) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
70

ORDER - IT IS ORDERED AS FOLLOWS: 1. Defendants request to substitute the defense expert witness, see Doc. 65 at 12, is DENIED. 2. Defendants request to exclude Prof. Ted Selker as an expert witness based on Plaintiffs allegedly deficient disclosure, see id. at 2, is DENIED. This ruling is limited to the issue of whether Prof. Selker was properly disclosed as an expert witness and is without prejudice to Defendants challenging the admissibility of Prof. Selkers report or testimony at a later date. Signed by Honorable Jennifer P. Wilson on 8/11/2020. (ve) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
71

BRIEF IN OPPOSITION re 58 MOTION in Limine to Exclude Evidence Regarding the AWIB filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Proposed Order)(Resnick, Robin) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
72

MOTION to Supplement by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Unpublished Opinion(s), # 4 Proposed Order)(Boland, Nicole) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
73

CERTIFICATE of by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania re 72 MOTION to Supplement Concurrence/Non-Concurrence. (Boland, Nicole) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
74

ORDER granting 72 Motion to Supplement. The supplemental declaration from Jonathan Marks and the Commonwealths contract with Democracy Live, Inc., see Docs. 72-1, 72-2, are deemed filed and shall be considered as part of the record of this case. Signed by Honorable Jennifer P. Wilson on 8/14/2020 (ve) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
75

Exhibit List by Joseph Drenth, National Federation of the Blind of Pennsylvania.. (Resnick, Robin) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
76

Exhibit List by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania.. (Boland, Nicole) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
77

MOTION in Limine to Exclude the Testimony of Cristopher Dressler by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Resnick, Robin) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
78

BRIEF IN SUPPORT re 77 MOTION in Limine to Exclude the Testimony of Cristopher Dressler filed by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 (Flowers Declaration), # 3 Exhibit 2 (Dressler Dep. Tr.), # 4 Exhibit 3 (Dressler Report), # 5 Exhibit 4 (Dressler Supp. Report), # 6 Exhibit 5 (Marks Dep. Tr.), # 7 Exhibit 6 (Delaware Press Release), # 8 Proposed Order)(Resnick, Robin) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
79

MOTION for Discovery Re-Open Deposition re Democracy Live Contract by Joseph Drenth, National Federation of the Blind of Pennsylvania. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Flowers, Kobie) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
80

MEMORANDUM (Order to follow as separate docket entry) re 77 MOTION in Limine to Exclude the Testimony of Cristopher Dressler filed by National Federation of the Blind of Pennsylvania, Joseph Drenth, 79 MOTION for Discovery Re-Open Deposition re Democracy Live Contract filed by National Federation of the Blind of Pennsylvania, Joseph Drenth, 58 MOTION in Limine to Exclude Evidence Regarding the AWIB filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania, 50 MOTION for Summary Judgment filed by Kathy Boockvar, Department of State of the Commonwealth of Pennsylvania, 48 MOTION for Partial Summary Judgment filed by National Federation of the Blind of Pennsylvania, Joseph Drenth. Signed by Honorable Jennifer P. Wilson on 8/18/2020. (ve) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
81

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED AS FOLLOWS: 1. Defendants motion for summary judgment (Doc. 50) is GRANTED. 2. Plaintiffs motion for summary judgment (Doc. 48) is DENIED. 3. Both parties motions in limine and Plaintiffs motion to reopen discovery (Docs. 58, 77, 79) are DENIED AS MOOT. 4. The Clerk of Court is directed to enter judgment in Defendants favor and close this case. Signed by Honorable Jennifer P. Wilson on 8/18/2020. (ve) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
82

JUDGMENT entered in favor of Defendant. Signed by Deputy Clerk on 8/18/2020. (ve) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 21, 2020

Closing Date: Aug. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A blind individual who is registered to vote in Pennsylvania and the National Federation of the Blind of Pennsylvania

Plaintiff Type(s):

Private Plaintiff

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

Commonwealth of Pennsylvania, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Reasonable Accommodation

Preliminary relief granted

Issues

General:

Barrier Removal

Reasonable Accommodations

Reasonable Modifications

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Voting:

Election administration