Case: Arlene Ocasio v. Comisión Estatal de Elecciones

3:20-cv-01432 | U.S. District Court for the District of Puerto Rico

Filed Date: Aug. 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 20, 2020, two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Puerto Rico. The plaintiffs alleged that the Comisión Estatal de Elecciones de Puerto Rico (“the Commission”), the Puerto Rican government agency that oversees and manages elections in Puerto Rico, and the President of the Commission violated their rights under the Fir…

On August 20, 2020, two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Puerto Rico. The plaintiffs alleged that the Comisión Estatal de Elecciones de Puerto Rico (“the Commission”), the Puerto Rican government agency that oversees and manages elections in Puerto Rico, and the President of the Commission violated their rights under the First and Fourteenth Amendments to the U.S. Constitution by preventing them from participating in early voting and absentee voting. The plaintiffs, represented by the ACLU, asked the court for declaratory and injunctive relief including requiring the defendants to identify voters over sixty years of age as eligible to vote early or by absentee ballot, and to update public education materials to reflect this eligibility rule. 

Judge Pedro A. Delgado-Hernandez ordered the defendants to respond to the plaintiffs' motion for a preliminary injunction by August 31, 2020. When the defendants failed to do so, the plaintiffs filed a motion for a default judgment on September 1, 2020. That same day, Judge Delgado-Hernandez denied the plaintiffs' motion and required the defendants to show cause as to why the plaintiffs' motion for a preliminary injunction should not be granted.

On September 11, 2020, the defendants filed a motion to dismiss for lack of jurisdiction, arguing that the plaintiffs’ claims were moot because the Commission had already agreed that voters sixty years of age and older would be able to vote early by mail. That same day, Judge Delgado-Hernandez granted the plaintiffs' request for injunctive relief in part. The court ordered the defendants to recognize the right of voters over the age of sixty to early voting and to extend the deadline for those voters to apply for early voting through September 24, 2020. 

Three days later, on September 14, 2020, Judge Delgado-Hernandez issued an opinion explaining the order. The court found that the case was not moot because even though the Commission had agreed to expand early voting eligibility, that due to the Electoral Code, the President of the Commission could, in theory, decide to eliminate this category of senior citizens as eligible for early voting by mail in the November 2020 election. Thus, Judge Delgado-Hernandez granted the plaintiffs' request for preliminary injunction in part as to their eligibility and public education requests, but denied the request for defendants to produce a list of eligible senior citizens. 486 F. Supp. 3d 478.

On September 23, 2020, Judge Delgado-Hernandez granted the plaintiffs’ motion for a permanent injunction, finding that the plaintiffs had succeeded on the merits of all of their claims with the exception of the request for voter lists. Thus, the court converted the preliminary relief into a permanent injunction confined to the November 2020 election. 2020 WL 5658979. 

On December 26, 2023, the court granted in part plaintiffs' motion for attorney's fees and costs, awarding them $64,415 in attorney's fees and no costs.  The court reasoned that the plaintiffs’ billing rates were reasonable, and the tasks they undertook aligned with the needs of the case. The court also rejected the defendants’ arguments that the case was overstaffed and that the plaintiffs should not be able to bill for unsuccessful time entries. The defendants moved for reconsideration of the award on January 23, 2024.

On May 6, 2024, the defendants filed a notice of injunction under PROMESA, arguing that the court’s order to pay attorney's fees was subject to an injunction on all claims released under Puerto Rico’s confirmed bankruptcy plan. Plaintiffs responded on June 3, 2024, arguing that the injunction and administrative bar date from the bankruptcy plan did not apply to the instant case because it was a post-petition case unrelated to Puerto Rico’s bankruptcy case. 

On July 31, 2024, the court issued a memorandum and order denying the defendants’ motion for reconsideration and noting the notice of injunction but denying the request to stay the collection of attorney’s fees. The defendants filed a notice of appeal on August 23, 2024 and briefing in the First Circuit began that fall. As of March 7, 2025 the case is ongoing.

Summary Authors

Richa Bijlani (4/18/2022)

Lauren Lewis (3/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17464234/parties/ocasio-v-comision-estatal-de-elecciones/


Judge(s)

Delgado Hernández, Pedro Alberto (Puerto Rico)

Attorney for Plaintiff

Arraiza-Navas, Fermin Luis (Puerto Rico)

Bayolo-Alonso, Mayte (Puerto Rico)

Cepeda Derieux, Adriel I. (New York)

Davis, Thomas B.

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

3:20-cv-01432

Docket [PACER]

Ocasio v. Comision Estatal de Elecciones

Dec. 2, 2020

Dec. 2, 2020

Docket
1

3:20-cv-01432

Complaint for Injunctive and Declaratory Relief

Aug. 20, 2020

Aug. 20, 2020

Complaint
42

3:20-cv-01432

Opinion and Order

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion

486 F.Supp.3d 478

49

3:20-cv-01432

Memorandum and Order

Sept. 23, 2020

Sept. 23, 2020

Order/Opinion

2020 WL 5658979

57

3:20-cv-01432

Opinion and Order

Dec. 26, 2023

Dec. 26, 2023

Order/Opinion

2023 WL 8889653

94

3:20-cv-01432

Memorandum and Order

July 31, 2024

July 31, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17464234/ocasio-v-comision-estatal-de-elecciones/

Last updated July 13, 2026, 5 a.m.

Docket for: Ocasio v. Comision Estatal de Elecciones
ECF Number Date Description Link
1 Aug. 20, 2020

COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6990439.), filed by Efrain Colon-Damiani, Belia Arlene Ocasio. Service due by 11/18/2020, (Attachments: # 1 Summons Comision Estatal de Elecciones de Puerto Rico, # 2 Summons Juan Davila-Rivera, # 3 Civil Cover Sheet, # 4 Category Sheet)(Arraiza-Navas, Fermin) (Entered: 08/20/2020)

1 Summons Comision Estatal de Elecciones de Puerto Rico

View on PACER

2 Summons Juan Davila-Rivera

View on PACER

3 Civil Cover Sheet

View on PACER

4 Category Sheet

View on PACER

Clearinghouse
2 Aug. 20, 2020

MOTION for Temporary Restraining Order and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/3/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Ex. A-Declaration of Arthur L. Reingold, # 2 Exhibit Ex. B-Declaration of Maria Ortiz Tapia, # 3 Exhibit Ex. C-Declaration of Belia Arlene Ocasio, # 4 Exhibit Ex. D-Declaration of Efrain Colon-Damiani)(Arraiza-Navas, Fermin) (Entered: 08/20/2020)

1 Exhibit Ex. A-Declaration of Arthur L. Reingold

View on PACER

2 Exhibit Ex. B-Declaration of Maria Ortiz Tapia

View on PACER

3 Exhibit Ex. C-Declaration of Belia Arlene Ocasio

View on PACER

4 Exhibit Ex. D-Declaration of Efrain Colon-Damiani

View on PACER

RECAP
3 Aug. 21, 2020

NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) (Entered: 08/21/2020)

RECAP
4 Aug. 21, 2020

Summons Issued as to Comision Estatal de Elecciones, Juan Davila-Rivera (Attachments: # 1 Summons) (arg) (Entered: 08/21/2020)

1 Summons

View on PACER

RECAP
5 Aug. 21, 2020

ORDER: See attached. The request for a temporary restraining order at Docket No. 2 is DENIED. Service of process due 08/21/2020. Notice of Compliance due by 08/24/2020. Signed by Judge Pedro A. Delgado-Hernandez on 08/21/2020.(LMR) (Entered: 08/21/2020)

RECAP
6 Aug. 21, 2020

SUMMONS Returned Executed by All Plaintiffs upon Comision Estatal de Elecciones served on 8/21/2020, answer due 9/11/2020; Juan Davila-Rivera served on 8/21/2020, answer due 9/11/2020. (Attachments: # 1 Exhibit Summon executed-Comision Estatal de Elecciones, # 2 Exhibit Summon Executed-Juan Davila-Rivera) (Arraiza-Navas, Fermin) (Entered: 08/21/2020)

1 Exhibit Summon executed-Comision Estatal de Elecciones

View on PACER

2 Exhibit Summon Executed-Juan Davila-Rivera

View on PACER

RECAP
Aug. 21, 2020

Notice of Judge Assignment

7 Aug. 24, 2020

Motion In Compliance with Court Order as to 5 Order,, Set Deadlines, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit CEE, # 2 Exhibit Juan Davila-Rivera, # 3 Exhibit PR Department of Justice, # 4 Exhibit PNP Electoral Commissioner, # 5 Exhibit PPD Electoral Commissioner, # 6 Exhibit PIP Electoral Commissioner, # 7 Exhibit PMVC Electoral Commissioner)(Related document(s) 5 ) (Arraiza-Navas, Fermin) (Entered: 08/24/2020)

1 Exhibit CEE

View on PACER

2 Exhibit Juan Davila-Rivera

View on PACER

3 Exhibit PR Department of Justice

View on PACER

4 Exhibit PNP Electoral Commissioner

View on PACER

5 Exhibit PPD Electoral Commissioner

View on PACER

6 Exhibit PIP Electoral Commissioner

View on PACER

7 Exhibit PMVC Electoral Commissioner

View on PACER

RECAP
8 Aug. 24, 2020

MOTION Submitting Expert Witness Curriculum Vitae re: 2 MOTION for Temporary Restraining Order and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief filed by Belia Arlene Ocasio, Efrain Colon-Damiani filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Maria Ortiz Tapia Curriculum Vitae)(Related document(s) 2 ) (Arraiza-Navas, Fermin) (Entered: 08/24/2020)

1 Exhibit Maria Ortiz Tapia Curriculum Vitae

View on PACER

RECAP
9 Aug. 24, 2020

ORDER: Noting 7 "Motion In Compliance with Order." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020. (LMR) (Entered: 08/24/2020)

RECAP
10 Aug. 24, 2020

ORDER: Noting 8 "Motion Submitting Expert Witness Curriculum Vitae." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020. (LMR) (Entered: 08/24/2020)

RECAP
11 Aug. 24, 2020

ORDER: Noting 6 "Motion Submitting Executed Summons." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020.(LMR) (Entered: 08/24/2020)

RECAP
Aug. 24, 2020

Order on Motion In Compliance

Aug. 24, 2020

Order on Motion Submitting

Aug. 24, 2020

Order

12 Aug. 25, 2020

Motion to allow Adriel Cepeda to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994659) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

RECAP
13 Aug. 25, 2020

Motion to allow Dale Ho to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994688) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

RECAP
14 Aug. 25, 2020

Motion to allow Theresa J Lee to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994696) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

RECAP
15 Aug. 25, 2020

ORDER: The "Applications and Orders for Admission Pro Hac Vice" at Docket Nos. 12-14 are GRANTED. The Clerk shall deposit the admission fee to the account of non-appropriated funds of this court. Signed by Judge Pedro A. Delgado-Hernandez on 8/25/2020. (ebb) (Entered: 08/25/2020)

RECAP
16 Aug. 25, 2020

Motion to allow Lissette A. Duran to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6995859) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

RECAP
17 Aug. 25, 2020

Motion to allow Makiko Hiromi to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6995863) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

RECAP
Aug. 25, 2020

Order on Motion to Appear PHV AND Order on Motion to Appear PHV AND Order on Motion to Appear PHV

18 Aug. 26, 2020

ORDER: The "Applications and Orders for Admission Pro Hac Vice" at Docket Nos. 16 and 17 are granted. The Clerk shall deposit the admission fee to the account of non-appropriated funds of this court. Signed by Judge Pedro A. Delgado-Hernandez on 8/26/2020. (ebb) (Entered: 08/26/2020)

RECAP
Aug. 26, 2020

Order on Motion to Appear PHV AND Order on Motion to Appear PHV

19 Sept. 1, 2020

MOTION for Default Entry Application for Entry of Default as to All Defendants filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/15/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 09/01/2020)

RECAP
20 Sept. 1, 2020

ORDER: Denying 19 "Application for Entry of Default." The request is not supported by Fed.R.Civ.P.55(a). Defendants were served with process on 08/21/2020. They were ordered to respond by August 31, 2020 to the request for preliminary injunction (Docket No. 5). Defendants did not, however, respond to the motion for preliminary injunction as ordered, or request an extension to do so. Therefore, defendants shall show cause, by September 4, 2020, as to why the request for preliminary injunction should not be granted. Plaintiffs shall serve defendants with copy of this Order today, and certify compliance not later than noontime tomorrow. Signed by Judge Pedro A. Delgado-Hernandez on 9/1/2020. (ebb) (Entered: 09/01/2020)

RECAP
Sept. 1, 2020

Order on Motion for Entry of Default

21 Sept. 2, 2020

Motion In Compliance as to 20 Order on Motion for Entry of Default,, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit CEE Proof of Service, # 2 Exhibit Juan Davila Proof of Service, # 3 Exhibit PNP Proof of Service, # 4 Exhibit PPD Proof of Service, # 5 Exhibit PIP Proof of Service, # 6 Exhibit PMVC Proof of Service, # 7 Exhibit Signature Page of Defendants Proof of Service, # 8 Exhibit Department of Justice Proof of Service)(Related document(s) 20 ) (Arraiza-Navas, Fermin) (Entered: 09/02/2020)

1 Exhibit CEE Proof of Service

View on PACER

2 Exhibit Juan Davila Proof of Service

View on PACER

3 Exhibit PNP Proof of Service

View on PACER

4 Exhibit PPD Proof of Service

View on PACER

5 Exhibit PIP Proof of Service

View on PACER

6 Exhibit PMVC Proof of Service

View on PACER

7 Exhibit Signature Page of Defendants Proof of Service

View on PACER

8 Exhibit Department of Justice Proof of Service

View on PACER

RECAP
22 Sept. 2, 2020

ORDER: Noting 21 "Motion in Compliance with Order." Signed by Judge Pedro A. Delgado-Hernandez on 9/2/2020. (ebb) (Entered: 09/02/2020)

RECAP
Sept. 2, 2020

Order on Motion In Compliance

23 Sept. 4, 2020

NOTICE of Appearance by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones (Diaz-Rivera, Idza) (Entered: 09/04/2020)

RECAP
24 Sept. 4, 2020

MOTION for extension of time until September 11, 2020 to comply with Order in Docket No. 20 filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 09/04/2020)

RECAP
25 Sept. 4, 2020

ORDER: Granting 24 "Motion for Extension of Time to Comply with Order in Docket No. 20." Defendants are granted until September 11, 2020, to comply with the Order at Docket No. 20. Signed by Judge Pedro A. Delgado-Hernandez on 9/4/2020. (ebb) (Entered: 09/04/2020)

RECAP
26 Sept. 4, 2020

Emergency MOTION for Reconsideration re 25 Order on Motion for Extension of Time, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 25 ) (Arraiza-Navas, Fermin) (Entered: 09/04/2020)

RECAP
27 Sept. 4, 2020

ORDER re: 26 "Emergency Motion for Reconsideration." Defendants shall respond not later than 09/08/2020 at noontime. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.Signed by Judge Pedro A. Delgado-Hernandez on 09/04/2020.(LMR) (Entered: 09/04/2020)

RECAP
Sept. 4, 2020

Order on Motion for Extension of Time

Sept. 4, 2020

~Util - Set Deadlines AND Order

28 Sept. 8, 2020

Motion In Compliance as to 27 Order,, Set Deadlines, filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 27 ) (Diaz-Rivera, Idza) (Entered: 09/08/2020)

RECAP
29 Sept. 8, 2020

ORDER: A Status Conference is hereby set for tomorrow, September 9, 2020 at 3:00 p.m. via VTC-Bridge PAD. Before the Conference, the parties shall confer and discuss a litigation plan to be discussed at the Status Conference. The request to reduce the term for defendants to respond to the preliminary injunction request at Docket No. 26 is DENIED. Defendants, however, shall respond to the preliminary injunction request not later than noontime on September 11, 2020. By the same date and time, they shall also answer the complaint. Signed by Judge Pedro A. Delgado-Hernandez on 09/08/2020.(LMR) (Entered: 09/08/2020)

RECAP
Sept. 8, 2020

~Util - Set Deadlines/Hearings AND Order

30 Sept. 9, 2020

ORDER: The court notes that several attorneys have appeared on behalf of plaintiffs. To facilitate communication during the Status Conference today, attorneys for plaintiffs shall confer and designate one attorney who, in addition to local counsel, will address the court on their behalf. Signed by Judge Pedro A. Delgado-Hernandez on 09/09/2020.(LMR) (Entered: 09/09/2020)

RECAP
31 Sept. 9, 2020

ORDER: As discussed during the hearing today, a follow up Status Conference will be held on 9/11/2020 at 3:00 p.m. in VTC Bridge PAD before Judge Pedro A. Delgado-Hernandez.Signed by Judge Pedro A. Delgado-Hernandez on 09/09/2020.(LMR) (Entered: 09/09/2020)

RECAP
33 Sept. 9, 2020

Minute Entry for proceedings held before Judge Pedro A. Delgado-Hernandez:Telephone Conference held on 9/9/2020: See attached. A follow up Status Conference was set for 9/11/2020 at 3:00 p.m. (LMR) (Entered: 09/11/2020)

RECAP
Sept. 9, 2020

Order

Sept. 9, 2020

~Util - Set Deadlines/Hearings AND Order

32 Sept. 10, 2020

Amended MOTION for Temporary Restraining Order filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/24/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit TRO Brief vs. Amended TRO, # 2 Exhibit Solicitud de Voto Adelantado por Correo, # 3 Exhibit Declaration of Arthur L. Reingold, # 4 Exhibit Declaration of Dr. Maria Ortiz Tapia, # 5 Exhibit Curriculum Vitae Dr. Maria Ortiz Tapia, # 6 Exhibit Declaration of Belia Arlene Ocasio, # 7 Exhibit Declaration of Efrain Colon Damiani)(Arraiza-Navas, Fermin) (Entered: 09/10/2020)

1 Exhibit TRO Brief vs. Amended TRO

View on PACER

2 Exhibit Solicitud de Voto Adelantado por Correo

View on PACER

3 Exhibit Declaration of Arthur L. Reingold

View on PACER

4 Exhibit Declaration of Dr. Maria Ortiz Tapia

View on PACER

5 Exhibit Curriculum Vitae Dr. Maria Ortiz Tapia

View on PACER

6 Exhibit Declaration of Belia Arlene Ocasio

View on PACER

7 Exhibit Declaration of Efrain Colon Damiani

View on PACER

RECAP
34 Sept. 11, 2020

MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and Response in Opposition to Motion requesting Preliminary Injunction as to Comision Estatal de Elecciones, Juan Davila-Rivera filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Diaz-Rivera, Idza) (Entered: 09/11/2020)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

RECAP
35 Sept. 11, 2020

ANSWER to 1 Complaint, filed by Idza Diaz-Rivera on behalf of Defendants Comision Estatal de Elecciones, Juan Davila-Rivera.(Diaz-Rivera, Idza) (Entered: 09/11/2020)

RECAP
36 Sept. 11, 2020

MOTION for Leave to File Spanish language documents filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 9/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 09/11/2020)

RECAP
37 Sept. 11, 2020

ORDER: Granting 36 "Motion for Leave to File Documents in the Spanish Language." Defendants shall submit the certified translations not later than September 14, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 09/11/2020. (LMR) (Entered: 09/11/2020)

RECAP
38 Sept. 11, 2020

ORDER: As advanced by the court at the Status Conference held today, plaintiffs' request for injunctive relief is GRANTED in part to recognize senior (60+) citizens the right to early voting and to extend until September 24, 2020, the deadline for those voters to apply for early voting. This measure shall be accompanied by an increase in media orientation during this intervening period. A written Opinion and Order will follow in 3 days. Signed by Judge Pedro A. Delgado-Hernandez on 09/11/2020.(LMR) (Entered: 09/11/2020)

RECAP
Sept. 11, 2020

Order on Motion for Leave to File Spanish language documents

Sept. 11, 2020

Order

39 Sept. 14, 2020

MOTION Submitting certified translations re: 34 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and Response in Opposition to Motion requesting Preliminary Injunction as to Comision Estatal de Elecciones, Juan Davila-Rivera filed by Comision Estatal de Elecciones filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/28/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F)(Related document(s) 34 ) (Diaz-Rivera, Idza) (Entered: 09/14/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit D

View on PACER

4 Exhibit E

View on PACER

5 Exhibit F

View on PACER

RECAP
40 Sept. 14, 2020

ORDER: Noting 39 "Motion Submitting Certified Translation." Signed by Judge Pedro A. Delgado-Hernandez on 09/14/2020. (LMR) (Entered: 09/14/2020)

RECAP
41 Sept. 14, 2020

Minute Entry for proceedings held before Judge Pedro A. Delgado-Hernandez:Status Conference held on 9/11/2020. See attached. (LMR) (Entered: 09/14/2020)

RECAP
42 Sept. 14, 2020

OPINION AND ORDER: Granting in part plaintiffs' request for preliminary injunction: (1) To recognize senior (60+) citizens the right to early voting by mail, and to extend until September 24, 2020, the deadline for those voters to apply for earl y voting; (2) The measure shall be accompanied by a media orientation campaign to apprise senior citizens of this right and modified deadline. The information shall be posted on the CEE's website, and incorporated in the early voting application form to be used by senior citizens. To prevent confusion, the orientation shall finalize after September 24, 2020. Given that plaintiffs did not accredit the need for an order requiring defendants to identify voters over sixty years of age as indiv iduals eligible to vote by early voting and absentee ballot during the pandemic, their request for an order along this line is DENIED. See attached. Signed by Judge Pedro A. Delgado-Hernandez on 09/14/2020. (Attachments: # 1 Appendix Admissions)(LMR)

1 Appendix Admissions

View on PACER

Clearinghouse
Sept. 14, 2020

Order on Motion Submitting

43 Sept. 16, 2020

ERRATA SHEET: See attached. The Amended Opinion and Order is attached. Signed by Judge Pedro A. Delgado-Hernandez on 09/16/2020. (Attachments: # 1 Amended Opinion and Order)(LMR)

1 Appendix Amended Opinion and Order

View on PACER

RECAP
44 Sept. 17, 2020

ORDER: See attached. Notice of Compliance Deadline due by September 18, 2020, at noontime. Show Cause Response due by September 21, 2020.Signed by Judge Pedro A. Delgado-Hernandez on 09/17/2020.(LMR) (Entered: 09/17/2020)

RECAP
45 Sept. 18, 2020

Joint Motion In Compliance as to 44 Order, Set Deadlines filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera, Belia Arlene Ocasio, Efrain Colon-Damiani. Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A)(Related document(s) 44 ) (Diaz-Rivera, Idza) Modified on 9/21/2020 to add filers (rom). (Entered: 09/18/2020)

1 Exhibit A

View on PACER

RECAP
46 Sept. 18, 2020

ORDER: Noting 45 "Motion In Compliance with Court Order (DE 44)." Signed by Judge Pedro A. Delgado-Hernandez on 09/18/2020. (LMR) (Entered: 09/18/2020)

RECAP
Sept. 18, 2020

Order on Motion In Compliance

47 Sept. 21, 2020

Motion In Compliance as to 44 Order, Set Deadlines filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 10/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Diaz-Rivera, Idza) (Entered: 09/21/2020)

RECAP
48 Sept. 21, 2020

Motion In Compliance with Court Order as to 44 Order, Set Deadlines filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 10/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Arraiza-Navas, Fermin) (Entered: 09/21/2020)

RECAP
49 Sept. 23, 2020

MEMORANDUM AND ORDER: See attached. The preliminary injunction issued earlier in this litigation is converted into a permanent injunction and the ruling denying voters lists entered as a definite ruling as applied to this case. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 09/23/2020.(LMR)

Clearinghouse
50 Sept. 23, 2020

JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 09/23/2020.(LMR) (Entered: 09/23/2020)

RECAP
51 Nov. 2, 2020

MEMORANDUM in Support of Plaintiffs' Attorneys Fees and Costs filed by All Plaintiffs filed by All Plaintiffs. (Attachments: # 1 Exhibit Attorney Lissette Duran's Declaration, # 2 Exhibit ACLU PR Fees and Costs, # 3 Exhibit Adriel Cepeda Derieux Timesheet, # 4 Exhibit Adriel Cepeda Derieux CV, # 5 Exhibit Fermin L. Arraiza Navas CV, # 6 Exhibit Mayte Bayolo Alonso CV)(Arraiza-Navas, Fermin) (Entered: 11/02/2020)

1 Exhibit Attorney Lissette Duran's Declaration

View on PACER

2 Exhibit ACLU PR Fees and Costs

View on PACER

3 Exhibit Adriel Cepeda Derieux Timesheet

View on PACER

4 Exhibit Adriel Cepeda Derieux CV

View on PACER

5 Exhibit Fermin L. Arraiza Navas CV

View on PACER

6 Exhibit Mayte Bayolo Alonso CV

View on PACER

RECAP
52 Nov. 4, 2020

ORDER re: 51 "Motion for Attorneys' Fees and Costs." Defendants shall respond by November 20, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 11/4/2020. (ebb) (Entered: 11/04/2020)

RECAP
Nov. 4, 2020

Order

53 Nov. 20, 2020

RESPONSE in Opposition to Motion for Attorneys' Fees filed by Comision Estatal de Elecciones, Juan Davila-Rivera Re: 52 Order filed by Comision Estatal de Elecciones, Juan Davila-Rivera. (Diaz-Rivera, Idza) (Entered: 11/20/2020)

RECAP
54 Nov. 27, 2020

MOTION for Leave to File Document Plaintiffs' Reply in Further Support of Motion for Attorneys' Fees and Costs filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 12/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Plaintiffs' Reply in Support of Motion)(Arraiza-Navas, Fermin) (Entered: 11/27/2020)

1 Exhibit Plaintiffs' Reply in Support of Motion

View on PACER

RECAP
55 Dec. 2, 2020

ORDER: Granting 54 "Plaintiffs' Motion Requesting Leave to File Reply in Further Support of Motion for Attorney's Fees and Costs." The reply shall be electronically filed forthwith. Defendants may surreply by 12/8/2020. Signed by Judge Pedro A. Delgado-Hernandez on 12/2/2020. (LMR) (Entered: 12/02/2020)

RECAP
56 Dec. 2, 2020

RESPONSE in Support PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS filed by All Plaintiffs Re: 54 MOTION for Leave to File Document Plaintiffs' Reply in Further Support of Motion for Attorneys' Fees and Costs filed by Belia Arlene Ocasio, Efrain Colon-Damiani, 55 Order on Motion for Leave to File, filed by All Plaintiffs. (Arraiza-Navas, Fermin) (Entered: 12/02/2020)

RECAP
Dec. 2, 2020

Order on Motion for Leave to File

57 Dec. 26, 2023

OPINION AND ORDER: Granting in part 51 "Motion for Attorney's Fees and Costs." See attached. Signed by Judge Pedro A. Delgado-Hernandez on 12/26/2023. (AEM)

Clearinghouse
58 Jan. 23, 2024

MOTION for Reconsideration re 57 Opinion and Order filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 2/6/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 57 ) (Diaz-Rivera, Idza) (Entered: 01/23/2024)

RECAP
59 Jan. 25, 2024

ORDER re: 58 "Motion for Reconsideration...." Plaintiff shall respond not later than February 7, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 1/25/2024. (FAR) (Entered: 01/25/2024)

RECAP
Jan. 25, 2024

Order

60 Feb. 6, 2024

MOTION for extension of time filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 2/20/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 02/06/2024)

RECAP
61 Feb. 14, 2024

ORDER: Granting 60 "Unopposed Motion for Extension on Plaintiff's Response to Defendants Motion for Reconsideration." Response due March 8, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 2/14/2024. (FAR) (Entered: 02/14/2024)

RECAP
Feb. 14, 2024

Order on Motion for Extension of Time

62 March 7, 2024

RESPONSE to Motion in Opposition to Defendant's Rule 59(e) filed by All Plaintiffs Re: 58 MOTION for Reconsideration re 57 Opinion and Order filed by Comision Estatal de Elecciones, Juan Davila-Rivera, 57 Opinion and Order filed by All Plaintiffs. (Arraiza-Navas, Fermin) Modified on 3/8/2024 to replace capital letters and edit title (mcm). (Entered: 03/07/2024)

RECAP
63 March 14, 2024

MOTION for extension of time until March 25, 2024 to file Reply to Opposition to Motion for Reconsideration filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 4/1/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 03/14/2024)

RECAP
64 March 15, 2024

RESPONSE to Motion in Opposition to Defendants' Motion for Extension of Time filed by All Plaintiffs Re: 63 MOTION for extension of time until March 25, 2024 to file Reply to Opposition to Motion for Reconsideration filed by Comision Estatal de Elecciones, Juan Davila-Rivera filed by All Plaintiffs. (Arraiza-Navas, Fermin) Modified on 3/18/2024 to correct event title (mcm). (Entered: 03/15/2024)

RECAP
65 March 15, 2024

MOTION for Leave to File Document Reply to Opposition to Motion for Extension of Time filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 4/1/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Supplement Reply tendered)(Diaz-Rivera, Idza) (Entered: 03/15/2024)

1 Supplement Reply tendered

View on PACER

RECAP
66 March 15, 2024

ORDER: Granting 63 "Motion for Extension of Time to File Reply...." Reply due March 25, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 3/15/2024. (FAR) (Entered: 03/15/2024)

RECAP
67 March 15, 2024

ORDER: Denying as unnecessary 65 "Motion for Extension of Time to File Reply...." Signed by Judge Pedro A. Delgado-Hernandez on 3/15/2024. (FAR) (Entered: 03/15/2024)

RECAP
March 15, 2024

Order on Motion for Leave to File

March 15, 2024

Order on Motion for Extension of Time

68 March 25, 2024

MOTION for Leave to File Document Reply to Opposition to Motion for Reconsideration filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 4/8/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Appendix Reply tendered)(Diaz-Rivera, Idza) (Entered: 03/25/2024)

1 Appendix Reply tendered

View on PACER

RECAP
69 March 25, 2024

MOTION for Leave to File Document (Reply) in excess pages filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 4/8/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 03/25/2024)

RECAP
70 May 6, 2024

NOTICE of Injunction pursuant to the Confirmation Order issued by the Title III Court by Comision Estatal de Elecciones, Juan Davila-Rivera (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Diaz-Rivera, Idza) (Entered: 05/06/2024)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

RECAP
71 May 7, 2024

ORDER re: 70 "Notice of Injunction..." After a thorough review of the record and applicable law, the court intends to deny defendants' motion for reconsideration (Docket No. 58). Nevertheless, by May 20, 2024, plaintiffs shall respond to defendants' notice at Docket No. 70. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2024. (FAR) (Entered: 05/07/2024)

RECAP
May 7, 2024

Order

72 May 17, 2024

MOTION for Extension of Time to File Response/Reply to Defendant's Notice of Injunction Pursuant to the Confirmation Order issued b the Title III Court filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 5/31/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) Modified on 5/18/2024 to replace capital letters (mcm). (Entered: 05/17/2024)

RECAP
73 May 17, 2024

MOTION to Withdraw Counsel Dale E. Ho and Makiko Hiromi filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 5/31/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) Modified on 5/18/2024 to replace capital letters and edit title (mcm). (Entered: 05/17/2024)

RECAP
74 May 22, 2024

ORDER: Granting nunc pro tunc 68 "Motion for Leave to Fily Reply..." and 69 "Motion for Leve to File Reply to Opposition to Motion for Reconsideration in Excess Pages." The reply tendered at Docket No. 68-1 shall be electronically filed forthwith. Signed by Judge Pedro A. Delgado-Hernandez on 5/22/2024. (AEM) (Entered: 05/22/2024)

RECAP
75 May 22, 2024

ORDER: Granting 72 "Motion for Extension of Time to Respond to Defendants' Notice of Injunction...." Response due June 3, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 5/22/2024. (AEM) (Entered: 05/22/2024)

RECAP
76 May 22, 2024

ORDER: Noting and granting "Plaintiffs' Motion to Withdraw Counsel Dale E. Ho and Makiko Hiromi." Attorneys Ho and Hiromi are withdrawn from the case. Signed by Judge Pedro A. Delgado-Hernandez on 5/22/2024. (AEM) (Entered: 05/22/2024)

RECAP

Case Details

State / Territory:

Puerto Rico

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Comisión Estatal de Elecciones

President

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

District of Puerto Rico 3:20-cv-01432

U.S. Court of Appeals for the First Circuit 24-01822

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - 2020

Issues

Voting:

Voter registration rules

Voting: General & Misc.

Recommended Citation