Case: Mi Familia Vota v. Abbott

5:20-cv-00830 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 16, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 10/22/2020, Plaintiffs Mi Familia Vota, Texas State Conference of NAACP, and individual registered voters sued Governor and Secretary of State of Texas for violating the First Amendment, the Equal Protection and Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, section 2 of the Voting Rights Act, al…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/22/2020,

Plaintiffs Mi Familia Vota, Texas State Conference of NAACP, and individual registered voters sued Governor and Secretary of State of Texas for violating the First Amendment, the Equal Protection and Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, section 2 of the Voting Rights Act, all as applied to elections held during the COVID-19 pandemic. Specifically, plaintiffs claimed violation of the due process clause because short early voting periods, inaccessible early voting sites, and limited early voting hours would unjustifiably burden voters who would have to stand in long lines in large crowds, vote on electronic voting machines with shared surfaces, and obtain necessary identifications. Plaintiffs claimed violation of equal protection clause because voters able to vote in places without waiting in line and voters with option of voting by hand-marked paper ballot would not bear the same burdens as others, voters at high risk face a greater burden, and black and latino voters would be disproportionately likely to stand in long lines and subject to large crowds to vote. Plaintiffs claimed violation of the First Amendment because voters would be unjustifiably burdened in exercising their right to vote. Plaintiffs claimed violation of the Fifteenth Amendment and the Voting Rights Act because defendants knew that the risks posed by the pandemic disproportionately affected communities of color but failed to address them. Plaintiffs sought injunctive relief to order defendants to modify in-person voting procedures during the early voting period and on Election Day to ensure safety.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17354487/parties/mi-familia-vota-v-abbott/


Judge(s)

Davis, W. Eugene (Louisiana)

Owen, Priscilla Richman (Texas)

Pulliam, Jason Kenneth None (Texas)

Southwick, Leslie (Mississippi)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Ballan, Evan (California)

Bonifaz, John C. (Massachusetts)

Brinckerhoff, Matthew D. (New York)

Clements, Ben (Massachusetts)

Dermody, Kelly M. (California)

Judge(s)

Davis, W. Eugene (Louisiana)

Owen, Priscilla Richman (Texas)

Pulliam, Jason Kenneth None (Texas)

Southwick, Leslie (Mississippi)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Ballan, Evan (California)

Bonifaz, John C. (Massachusetts)

Brinckerhoff, Matthew D. (New York)

Clements, Ben (Massachusetts)

Dermody, Kelly M. (California)

Fein, Ronald A (Massachusetts)

Gomez, Madeline (New York)

Greenberger, Debra L. (New York)

Halfon, Avery S. (New York)

Hostetler, Courtney (Massachusetts)

Lyons, Sean M. (Texas)

Salahi, Yaman (California)

Sheen, Michael K. (California)

Wilson, O. Andrew F. (New York)

Attorneys(s) for Defendant

Disher, Todd Lawrence (Texas)

Hudson, Eric Alan (Texas)

Sweeten, Patrick Kinney (Texas)

Thompson, William Thomas (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 5, 2021 Docket
1

Plaintiffs' Complaint

July 16, 2020 Complaint
44

Memorandum Opinion and Order

484 F.Supp.3d 435, 2020 WL 5366291

Sept. 7, 2020 Order/Opinion
00515571436

Brief for Plaintiffs-Appellants

U. S. Court of Appeals for the Fifth Circuit

Sept. 18, 2020 Pleading / Motion / Brief
00515602362

[Untitled]

U. S. Court of Appeals for the Fifth Circuit

977 F.3d 461

Oct. 14, 2020 Order/Opinion
75

Memorandum Opinion and Order

497 F.Supp.3d 195, 2020 WL 6304991

Oct. 27, 2020 Order/Opinion
00515621384

[Opinion]

U. S. Court of Appeals for the Fifth Circuit

834 Fed.Appx. 860, 2020 WL 6498958

Oct. 30, 2020 Order/Opinion
85

Notice of Voluntary Dismissal

Nov. 23, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Mi Familia Vota v. Abbott

Stanford-MIT Healthy Elections Project

Plaintiffs Mi Familia Vota, Texas State Conference of NAACP, and individual registered voters sued Governor and Secretary of State of Texas for violating the First Amendment, the Equal Protection and… Oct. 22, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=182

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17354487/mi-familia-vota-v-abbott/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-13765852), filed by Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Civil Cover Sheet)(Lyons, Clarence) (Entered: 07/16/2020)

1 Civil Cover Sheet

View on PACER

July 16, 2020 RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/16/2020)

July 16, 2020 PACER

Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)

July 16, 2020 PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)

July 16, 2020 PACER
3

Summons Issued as to Greg Abbott and Ruth Hughs. (bc) (Entered: 07/16/2020)

July 16, 2020 PACER
4

Letters sent to attorneys: Courtney Hostetler, John Bonifaz, Ben Clements, Ronald Fein, Kelly M. Dermody, Yaman Salahi, Evan Ballan, Avery S. Halfon, and Madeline Gomez regarding admission into the Western District of Texas (bc) (Entered: 07/16/2020)

July 16, 2020 PACER

Case Assigned/Reassigned

July 16, 2020 PACER

To be Referred to SA Mag Judge

July 16, 2020 PACER
5

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Evan J. Ballan ( Filing fee $ 100 receipt number 0542-13780737) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
6

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Kelly M. Dermody ( Filing fee $ 100 receipt number 0542-13780767) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
7

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Madeline M. Gomez ( Filing fee $ 100 receipt number 0542-13780777) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
8

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Avery S. Halfon ( Filing fee $ 100 receipt number 0542-13780789) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
9

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Yaman Salahi ( Filing fee $ 100 receipt number 0542-13780797) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
10

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Michael K. Sheen ( Filing fee $ 100 receipt number 0542-13780801) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
11

MOTION to Appear Pro Hac Vice by Clarence V. Lyons John C. Bonifaz ( Filing fee $ 100 receipt number 0542-13780814) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 RECAP
12

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Ben Clements ( Filing fee $ 100 receipt number 0542-13780838) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
13

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Ronald A. Fein ( Filing fee $ 100 receipt number 0542-13780848) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 PACER
14

MOTION to Appear Pro Hac Vice by Clarence V. Lyons Courtney M. Hostetler ( Filing fee $ 100 receipt number 0542-13780860) by on behalf of Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Clarence) (Entered: 07/21/2020)

July 21, 2020 RECAP

Text Order GRANTING 5 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f)(2). Accordingly, Evan Ballan may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 6 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Kelly M. Dermody may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 7 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Madeline Gomez may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. If the attorney appears in any other case in the Western District of Texas in the future, she must be admitted to practice in the district. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 8 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Avery Halfon may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 9 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Yaman Salahi may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Michael Sheen may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 11 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, John Bonifaz may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 12 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Ben Clemens may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 13 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Ronald Fein may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Text Order GRANTING 14 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Courtney Hostetler may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court. Additionally, pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

July 23, 2020 PACER

Order on Motion to Appear Pro Hac Vice

July 23, 2020 PACER
15

CERTIFICATE OF SERVICE by Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People 3 Summons Issued, 1 Complaint,, SUMMONS Returned Executed by Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People. Greg Abbott served on 7/22/2020, answer due 8/12/2020. (Lyons, Clarence) (Entered: 07/24/2020)

July 24, 2020 PACER
16

CERTIFICATE OF SERVICE by Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People 3 Summons Issued, 1 Complaint,, SUMMONS Returned Executed by Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People. Ruth Hughs served on 7/20/2020, answer due 8/10/2020. (Lyons, Clarence) (Entered: 07/24/2020)

July 24, 2020 PACER
18

ORDER--Withdrawing 17 Order and Order Setting Status Conference By Video Conference ( Status Conference set for 8/19/2020 9:30 AM before Judge Jason K. Pulliam). Signed by Judge Jason K. Pulliam. (bc) (Entered: 07/28/2020)

July 28, 2020 RECAP
17

~Util - Set Hearings AND Order

July 28, 2020 PACER
19

MOTION to Dismiss by Ruth Hughs. (Sweeten, Patrick) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
20

MOTION to Dismiss by Greg Abbott. (Sweeten, Patrick) (Entered: 08/12/2020)

Aug. 12, 2020 RECAP
21

MOTION and [Proposed] Order to Modify Briefing Schedule re: Defendants' Motions to Dismiss by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Dermody, Kelly) Modified on 8/19/2020 To edit text (bc). (Entered: 08/18/2020)

Aug. 18, 2020 PACER

Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO CHANGE THE EVENT FROM STIPULATION TO MOTION*** re 21 MOTION. (bc)

Aug. 19, 2020 PACER
22

Minute Entry for proceedings held before Judge Jason K. Pulliam: Status Conference/ Motion Hearing held on 8/19/2020 re 21 MOTION filed by Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez (Minute entry documents are not available electronically.) **MOTION 21 ORALLY GRANTED (Court Reporter Tish Moncivais.)(bc) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
23

ORDER (Mediation Conference set VIA VIDEO USING THE ZOOM VIDEO TELECONFERENCE for 8/27/2020 1:45 PM before Judge Henry J. Bemporad) if not already done, Plaintiffs counsel is invited to submit a written settlement demand to Defendants counsel with a brief explanation of why such a settlement is appropriate, by noon on August 24, 2020. If Plaintiffs counselsubmits a demand, Defendants counsel must respond by submitting a written offer to Plaintiffs counsel, with a brief explanation of why such a settlement is appropriate, by 5:00 p.m. on August 26, 2020. If a settlement agreement is reached, the parties must notify the undersigned by 9:30 a.m. on August 27, 2020. If no settlement is reached, each party must submit to the undersigned, by 9:30 A.M. on August 27, 2020, an ex parte, in camera statement in letter format, setting forth the current status of settlement negotiations and the partys respective settlement position concerning all issues involved in the case, with a brief explanation of the rationale for the position taken.Do not file copies of the letters with the Clerk. The undersigned will review the statements in advance of the mediation conference, along with the pertinent pleadings in the case. Signed by Judge Henry J. Bemporad. (rg) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
24

ORDER --Upon consideration, the parties are hereby ordered to file a joint advisory with this Court on or before Wednesday, August 26, 2020. Signed by Judge Jason K. Pulliam. (bc) (Entered: 08/20/2020)

Aug. 19, 2020 PACER

Notice of Correction

Aug. 19, 2020 PACER
25

ADVISORY TO THE COURT by Greg Abbott, Ruth Hughs. (Sweeten, Patrick) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
26

Unopposed MOTION for Leave to Exceed Page Limitation by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dermody, Kelly) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
27

Memorandum in Opposition to Motion, filed by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, re 19 MOTION to Dismiss filed by Defendant Ruth Hughs, 20 MOTION to Dismiss filed by Defendant Greg Abbott (Attachments: # 1 MFV Declaration, # 2 NAACP Declaration, # 3 Rodriguez Declaration, # 4 Torres Declaration)(Dermody, Kelly) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
28

MOTION for Leave to Exceed Page Limitation by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dermody, Kelly) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
29

MOTION for Preliminary Injunction by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Attachments: # 1 Atkeson Declaration, # 2 Dermody Declaration, # 3 Martin Declaration, # 4 Stein Declaration, # 5 Torres Declaration, # 6 Troisi Declaration, # 7 Proposed Order)(Dermody, Kelly) (Entered: 08/26/2020)

1 Atkeson Declaration

View on PACER

2 Dermody Declaration

View on PACER

3 Martin Declaration

View on PACER

4 Stein Declaration

View on PACER

5 Torres Declaration

View on PACER

6 Troisi Declaration

View on PACER

7 Proposed Order

View on PACER

Aug. 26, 2020 RECAP
31

Minute Entry for proceedings held before Judge Henry J. Bemporad: Mediation Conference held on 8/27/2020 (Minute entry documents are not available electronically.) (Court Reporter FTR Gold.)(bc) (Entered: 08/28/2020)

Aug. 27, 2020 PACER
30

Opposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/28/2020)

Aug. 28, 2020 PACER

Text Order GRANTING 26 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit in Response to Defendants' Motions to Dismiss [19,20] entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Aug. 28, 2020 PACER

Text Order GRANTING 28 Plaintiffs' Motion for Leave to Exceed Page Limit in Motion for Preliminary Injunction 29 entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Aug. 28, 2020 PACER
32

Notice of Alternative Dispute Resolution/Mediation Outcome: Did not Settle.(bc) (Entered: 08/28/2020)

Aug. 28, 2020 RECAP
33

Memorandum in Opposition to Motion, filed by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, re 30 Opposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction filed by Defendant Ruth Hughs, Defendant Greg Abbott (Attachments: # 1 Dermody Declaration, # 2 Proposed Order)(Dermody, Kelly) (Entered: 08/28/2020)

Aug. 28, 2020 PACER

Order on Motion for Leave to File Excess Pages

Aug. 28, 2020 PACER
34

ORDER Setting Motion Hearing for 20 MOTION to Dismiss, 30 Opposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction, 19 MOTION to Dismiss ( Motion Hearing set for 9/4/2020 11:00 AM via video conference before Judge Jason K. Pulliam). Signed by Judge Jason K. Pulliam. (bc) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
35

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Greg Abbott, Ruth Hughs. Attorney Todd Lawrence Disher added to party Greg Abbott(pty:dft), Attorney Todd Lawrence Disher added to party Ruth Hughs(pty:dft) (Disher, Todd) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
36

NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, Ruth Hughs. Attorney William Thomas Thompson added to party Greg Abbott(pty:dft), Attorney William Thomas Thompson added to party Ruth Hughs(pty:dft) (Thompson, William) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
37

NOTICE of Attorney Appearance by Eric A. Hudson on behalf of Greg Abbott, Ruth Hughs. Attorney Eric A. Hudson added to party Greg Abbott(pty:dft), Attorney Eric A. Hudson added to party Ruth Hughs(pty:dft) (Hudson, Eric) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
38

***DOCUMENT DEFICIENT-MISSING A PROPOSED ORDER. PLEASE FILE THE PROPOSED ORDER ONLY AND LINK TO THE ORIGINAL MOTION.*** MOTION to Withdraw as Attorney Madeline M. Gomez by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Dermody, Kelly) Modified on 9/3/2020 To edit text (bc). (Entered: 09/02/2020)

Sept. 2, 2020 PACER
39

REPLY to Response to Motion, filed by Greg Abbott, Ruth Hughs, re 19 MOTION to Dismiss filed by Defendant Ruth Hughs, 20 MOTION to Dismiss filed by Defendant Greg Abbott (Sweeten, Patrick) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
40

DEFICIENCY NOTICE: ***DOCUMENT DEFICIENT-MISSING A PROPOSED ORDER. PLEASE FILE A PROPOSED ORDER AND LINK TO THE ORIGINAL MOTION.*** re 38 MOTION to Withdraw as Attorney Madeline M. Gomez (bc) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
41

ATTACHMENT [Proposed] Order Granting Plaintiffs' Motion to Withdraw Counsel Madeline M. Gomez to 38 MOTION to Withdraw as Attorney Madeline M. Gomez by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Dermody, Kelly) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
42

Minute Entry for proceedings held before Judge Jason K. Pulliam: Motion Hearing held on 9/4/2020 re 19 MOTION to Dismiss filed by Ruth Hughs, 29 MOTION for Preliminary Injunction filed by Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, Mi Familia Vota, Micaela Rodriguez, 30 Opposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction filed by Ruth Hughs, Greg Abbott, 20 MOTION to Dismiss filed by Greg Abbott (Minute entry documents are not available electronically.) (Court Reporter Tish Moncivais.)(bc) (Entered: 09/04/2020)

Sept. 4, 2020 PACER

Motions Taken Under Advisement: 29 MOTION for Preliminary Injunction, 19 MOTION to Dismiss, 30 Opposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction, 20 MOTION to Dismiss (bc)

Sept. 4, 2020 PACER
43

NOTICE of Supplemental Authority by Mi Familia Vota, Micaela Rodriguez, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres re 27 Memorandum in Opposition to Motion, (Attachments: # 1 Exhibit A)(Dermody, Kelly) (Entered: 09/04/2020)

Sept. 4, 2020 PACER

Motions Taken Under Advisement

Sept. 4, 2020 PACER
44

MEMORANDUM OPINION AND ORDER--Defendants Motions to Dismiss for lack of subject matter jurisdiction are GRANTED on this issue alone. Because this Court lacks subject matter jurisdiction, the Court will not reach or decide the 17 remaining substantive issues raised in Defendants Motion to Dismiss. Plaintiffs Motion for Pre-liminary Injunction is DENIED as moot without reaching any substantive issues. All other pending motions are DENIED as moot. The Clerk is directed to close this case. Signed by Judge Jason K. Pulliam. (bc) (Entered: 09/08/2020)

Sept. 7, 2020 RECAP
45

Appeal of Order entered by District Judge 44 by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. ( Filing fee $ 505 receipt number 0542-13959330) (Lyons, Sean) (Entered: 09/11/2020)

Sept. 11, 2020 PACER

NOTICE OF APPEAL following 45 Notice of Appeal (E-Filed), by Mi Familia Vota, Guadalupe Torres. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bc)

Sept. 11, 2020 PACER

Notice of Appeal

Sept. 14, 2020 PACER
46

TRANSCRIPT REQUEST by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres for dates of 9/4/20. Proceedings Transcribed: Hearing on PI and MTD Motions - DKT. 42. Court Reporter: Tish Moncivais.. (Lyons, Sean) (Entered: 09/15/2020)

Sept. 15, 2020 PACER

Certification of the Electronic Record on Appeal USCA #20-50793 has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (nm)

Sept. 16, 2020 PACER

Appeal Record Accepted and Available Electronically

Sept. 16, 2020 PACER
47

Transcript filed of Proceedings held on 9-4-2020, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Letitia Moncivais, Telephone number: 210/244-5038. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2020, Redacted Transcript Deadline set for 10/26/2020, Release of Transcript Restriction set for 12/24/2020, Appeal Record due by 10/12/2020, (Moncivais, Letitia) (Entered: 09/25/2020)

Sept. 25, 2020 PACER

Certification of the Electronic Record on Appeal (Supplemental Record #1) on USCA #20-50793 has been accepted by the 5th Circuit re Notice of Appeal,,. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (nm)

Sept. 29, 2020 PACER

Appeal Record Accepted and Available Electronically

Sept. 29, 2020 PACER
48

Certified copy of USCA JUDGMENT/MANDATE Remanding Notice of Appeal, filed by Guadalupe Torres, Mi Familia Vota, 45 Notice of Appeal (E-Filed), filed by Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, Mi Familia Vota.***This cause was considered on the record on appeal and was argued by counsel.IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court.*** (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 10/16/2020)

1 TRANSMITTAL LETTER FROM USCA5

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Oct. 16, 2020 RECAP
49

MOTION to Appear Pro Hac Vice by Sean Michael Lyons Matthew D. Brinckerhoff ( Filing fee $ 100 receipt number 0542-14090075) by on behalf of Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
50

MOTION to Appear Pro Hac Vice by Sean Michael Lyons Andrew F. Wilson ( Filing fee $ 100 receipt number 0542-14090698) by on behalf of Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
51

MOTION to Appear Pro Hac Vice by Sean Michael Lyons Jonathan S. Abady ( Filing fee $ 100 receipt number 0542-14090722) by on behalf of Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
52

MOTION to Appear Pro Hac Vice by Sean Michael Lyons Debra L. Greenberger ( Filing fee $ 100 receipt number 0542-14090738) by on behalf of Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
53

Final MOTION for Temporary Restraining Order, Final MOTION for Preliminary Injunction and to Set Briefing Schedule by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Attachments: # 1 Affidavit OF ANGELICA RAZO, TEXAS STATE DIRECTOR OF PLAINTIFF MI FAMILIA VOTA, # 2 Affidavit OF GARY L. BLEDSOE PRESIDENT OF PLAINTIFF TEXAS STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE W/EX. A, # 3 Affidavit OF CATHERINE L. TROISI, # 4 Affidavit OF PLAINTIFF GUADALUPE TORRES, # 5 Affidavit OF SEAN LYONS W/EX. 1-11)(Lyons, Sean) (Entered: 10/20/2020)

1 Affidavit OF ANGELICA RAZO, TEXAS STATE DIRECTOR OF PLAINTIFF MI FAMILIA VOTA

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2 Affidavit OF GARY L. BLEDSOE PRESIDENT OF PLAINTIFF TEXAS STATE CONFERENCE OF TH

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3 Affidavit OF CATHERINE L. TROISI

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4 Affidavit OF PLAINTIFF GUADALUPE TORRES

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5 Affidavit OF SEAN LYONS W/EX. 1-11

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Oct. 20, 2020 RECAP
54

Proposed Scheduling Order re: 53, GRANTING PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
55

Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction filed by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres, (Lyons, Sean) Modified on 10/21/2020 To edit text (bc). (Entered: 10/20/2020)

Oct. 20, 2020 RECAP
56

MOTION for Leave to Exceed Page Limitation re: 53, 55 by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/20/2020)

Oct. 20, 2020 PACER

Text Order GRANTING 49 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Matthew D. Brinckerhoff may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, and must register for electronic filing within 10 days of this order. Finally, the attorney hereby granted permission to practice pro hac vice in this case shall not be permitted to appear pro hac vice in any further actions in this District without first being admitted to practice in the United States District Court for the Western District of Texas. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Oct. 21, 2020 PACER

Text Order GRANTING 50 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Andrew F. Wilson may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, and must register for electronic filing within 10 days of this order. Finally, the attorney hereby granted permission to practice pro hac vice in this case shall not be permitted to appear pro hac vice in any further actions in this District without first being admitted to practice in the United States District Court for the Western District of Texas. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Oct. 21, 2020 PACER

Text Order GRANTING 51 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Jonathan S. Abady may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, and must register for electronic filing within 10 days of this order. Finally, the attorney hereby granted permission to practice pro hac vice in this case shall not be permitted to appear pro hac vice in any further actions in this District without first being admitted to practice in the United States District Court for the Western District of Texas. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Oct. 21, 2020 PACER

Text Order GRANTING 52 Motion to Appear Pro Hac Vice. Having considered the motion, the Court finds the movant complied with the requirements of Local Court Rule AT-1(f). Accordingly, Debra L. Greenberger may appear pro hac vice in this case. By appearing in this case, the attorney becomes subject to the rules of this Court. If the attorney has not already done so, he/she shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, and must register for electronic filing within 10 days of this order. Finally, the attorney hereby granted permission to practice pro hac vice in this case shall not be permitted to appear pro hac vice in any further actions in this District without first being admitted to practice in the United States District Court for the Western District of Texas. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Oct. 21, 2020 PACER

Text Order GRANTING 56 Motion for Leave to File Excess Pages entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)

Oct. 21, 2020 PACER
57

ORDER, ( Status Conference set for 10/22/2020 10:30 AM before Judge Jason K. Pulliam) and ORDER Setting In-Person Hearing on 55 MOTION for Temporary Restraining Order :( Motion Hearing set for 10/26/2020 9:00 AM before Judge Jason K. Pulliam). Signed by Judge Jason K. Pulliam. (bc) (Entered: 10/21/2020)

Oct. 21, 2020 RECAP
58

***DOCUMENT DEFICIENT--MISSING A PROPOSED ORDER. PLEASE FILE THE PROPOSED ORDER ONLY AND LINK TO THE ORIGINAL MOTION.*** MOTION to Appear Remotely for the October 26 Hearing re 57 Order,, Set Hearings,, Order Setting Hearing on Motion, by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Attachments: # 1 Exhibit A - Order Regarding Court Operations Under the Exigent Circumstance Created By the COVID-19 Pandemic)(Lyons, Sean) Modified on 10/22/2020 To edit text (bc). (Entered: 10/21/2020)

Oct. 21, 2020 PACER

Order on Motion to Appear Pro Hac Vice

Oct. 21, 2020 PACER

Order on Motion for Leave to File Excess Pages

Oct. 21, 2020 PACER
59

DEFICIENCY NOTICE: ***DOCUMENT DEFICIENT-MISSING A PROPOSED ORDER. PLEASE FILE THE PROPOSED ORDER ONLY AND LINK TO THE ORIGINAL MOTION.*** re 58 MOTION to Appear Remotely for the October 26 Hearing re 57 Order,, Set Hearings,, Order Setting Hearing on Motion, (bc) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
60

Proposed Scheduling Order re: 58 by Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People, Guadalupe Torres. (Lyons, Sean) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
61

Minute Entry for proceedings held before Judge Jason K. Pulliam: Status Conference held on 10/22/2020 (Minute entry documents are not available electronically.) **PLTFS' MOTION TO APPEAR REMOTELY (doc. 58) --GRANTED IN PART AND DENIED IN PART (Court Reporter Tish Moncivais.)(bc) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
62

ORDER GRANTING IN PART AND DENYING IN PART 58 Motion To Appear Remotely. Signed by Judge Jason K. Pulliam. (bc) (Entered: 10/23/2020)

Oct. 23, 2020 RECAP
63

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 10/24/2020)

Oct. 24, 2020 PACER
64

AMENDED COMPLAINT re: 62 against Greg Abbott, Ruth Hughs amending 1 Complaint,., filed by Guadalupe Torres, Mi Familia Vota, Texas State Conference of the National Association for the Advancement of Colored People.(Lyons, Sean) (Entered: 10/24/2020)

Oct. 24, 2020 PACER
65

Response in Opposition to Motion, filed by Greg Abbott, Ruth Hughs, re 53 Final MOTION for Temporary Restraining Order Final MOTION for Preliminary Injunction and to Set Briefing Schedule filed by Plaintiff Texas State Conference of the National Association for the Advancement of Colored People, Plaintiff Guadalupe Torres, Plaintiff Mi Familia Vota, 55 MOTION for Temporary Restraining Order filed by Plaintiff Texas State Conference of the National Association for the Advancement of Colored People, Plaintiff Guadalupe Torres, Plaintiff Mi Familia Vota (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 10/24/2020)

1 Proposed Order

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Oct. 24, 2020 RECAP

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Oct. 16, 2020

Case Ongoing: Yes