Case: Arlene Ocasio v. Comisión Estatal de Elecciones

Ocasio v. Comision Estatal de Elecciones

Healthy Elections Project

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

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2 Summons Juan Davila-Rivera

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3 Civil Cover Sheet

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4 Category Sheet

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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

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2 Exhibit Ex. B-Declaration of Maria Ortiz Tapia

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3 Exhibit Ex. C-Declaration of Belia Arlene Ocasio

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

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

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

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)

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)

Notice of Judge Assignment

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)

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)

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

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)

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

Order on Motion Submitting

Order

Order on Motion In Compliance

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

Order on Motion for Entry of Default

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)

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

Order on Motion In Compliance

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

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)

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)

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)

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)

Order on Motion for Extension of Time

~Util - Set Deadlines AND Order

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)

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)

~Util - Set Deadlines/Hearings AND Order

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)

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)

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)

Order

~Util - Set Deadlines/Hearings AND Order

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

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2 Exhibit Solicitud de Voto Adelantado por Correo

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3 Exhibit Declaration of Arthur L. Reingold

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4 Exhibit Declaration of Dr. Maria Ortiz Tapia

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5 Exhibit Curriculum Vitae Dr. Maria Ortiz Tapia

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6 Exhibit Declaration of Belia Arlene Ocasio

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7 Exhibit Declaration of Efrain Colon Damiani

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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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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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)

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)

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)

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)

Order

Order on Motion for Leave to File Spanish language documents

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)

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

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)

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 early 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 individuals 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) (Entered: 09/14/2020)

1 Appendix Admissions

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Order on Motion Submitting

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) (Entered: 09/16/2020)

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)

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)

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)

Order on Motion In Compliance

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)

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)

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) (Entered: 09/23/2020)

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)

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)

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)

Order

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)

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)

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)

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)

Order on Motion for Leave to File