Texas Alliance for Retired Americans v. Hughs

Texas Alliance for Retired Americans v. Hughs

489 F.Supp.3d 667, 2020 WL 5747088

Texas Alliance for Retired Americans v. Hughs

U. S. Court of Appeals for the Fifth Circuit

U. S. Court of Appeals for the Fifth Circuit

976 F.3d 564

U. S. Court of Appeals for the Fifth Circuit

976 F.3d 564, 2020 WL 5816887

Texas Alliance for Retired Americans v. Scott

U. S. Court of Appeals for the Fifth Circuit

28 F.4th 669

The Stanford-MIT Healthy Elections Project

COMPLAINT against Ruth Hughs (Filing fee $ 400 receipt number 0541-25054762) filed by DCCC, Sylvia Bruni, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Exhibit 1 - Declaration of John Oldham, # 2 Exhibit 2 - Declaration of Dr. Muer Yang, # 3 Exhibit 3 - Declaration of Dr. Catherine Troisi, # 4 Exhibit 4 - Declaration of Dr. Allan Lichtman, # 5 Exhibit 5 - Declaration of Maxwell Palmer, PhD, # 6 Civil Cover Sheet)(Howton, Skyler) (Entered: 08/12/2020)

1 Exhibit 1 - Declaration of John Oldham

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2 Exhibit 2 - Declaration of Dr. Muer Yang

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3 Exhibit 3 - Declaration of Dr. Catherine Troisi

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4 Exhibit 4 - Declaration of Dr. Allan Lichtman

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5 Exhibit 5 - Declaration of Maxwell Palmer, PhD

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6 Civil Cover Sheet

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Request for Issuance of Summons as to Ruth Hughs, filed.(Howton, Skyler) (Entered: 08/12/2020)

CORPORATE DISCLOSURE STATEMENT by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed.(Howton, Skyler) (Entered: 08/12/2020)

MOTION for Leave to File Excess Pages by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/2/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 08/12/2020)

MOTION for Preliminary Injunction by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/2/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 08/12/2020)

MEMORANDUM in Support re: 5 MOTION for Preliminary Injunction by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. (Attachments: # 1 Appendix I to Memo in Support of Motion for Preliminary Injunction, # 2 Appendix II to Memo in Support of Motion for Preliminary Injunction, # 3 Appendix III to Memo in Support of Motion for Preliminary Injunction, # 4 Appendix IV to Memo in Support of Motion for Preliminary Injunction, # 5 Appendix V to Memo in Support of Motion for Preliminary Injunction, # 6 Appendix VI to Memo in Support of Motion for Preliminary Injunction, # 7 Appendix VII to Memo in Support of Motion for Preliminary Injunction, # 8 Appendix VIII to Memo in Support of Motion for Preliminary Injunction, # 9 Appendix IX to Memo in Support of Motion for Preliminary Injunction, # 10 Appendix X to Memo in Support of Motion for Preliminary Injunction, # 11 Appendix XI to Memo in Support of Motion for Preliminary Injunction, # 12 Appendix XII to Memo in Support of Motion for Preliminary Injunction, # 13 Appendix XIII to Memo in Support of Motion for Preliminary Injunction, # 14 Appendix XIV to Memo in Support of Motion for Preliminary Injunction, # 15 Appendix XV to Memo in Support of Motion for Preliminary Injunction)(Howton, Skyler) (Entered: 08/12/2020)

Summons Issued as to Ruth Hughs. Issued summons delivered to plaintiff by First-class mail, filed.(dmorales, 5)

ORDER Granting 4 MOTION for Leave to File Excess Pages. It is so ORDERED. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(mmarquez, 5) (Entered: 08/13/2020)

ORDER, Given that Plaintiffs Motion for Preliminary Injunction is time-sensitive they ask the Court for an injunction to occur before the November 2020 election the Court hereby ORDERS Plaintiffs to file an Advisory as soon as possible to apprise the Court of the status of service of process on Defendant. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(atrevino, 5) Modified on 8/13/2020 (atrevino, 5). (Entered: 08/13/2020)

MOTION for Marc Elias to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Elias, Marc) (Entered: 08/13/2020)

MOTION for Lalitha Madduri to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Madduri, Lalitha) (Entered: 08/13/2020)

MOTION for Bruce V. Spiva to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Spiva, Bruce) (Entered: 08/13/2020)

MOTION for Daniel Osher to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Osher, Daniel) (Entered: 08/13/2020)

MOTION for Emily Brailey to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Brailey, Emily) (Entered: 08/13/2020)

ORDER OF RECUSAL. Magistrate Judge John A. Kazen hereby recuses himself in this case. Case reassigned to Magistrate Judge Diana Song Quiroga. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Entered: 08/13/2020)

ADVISORY by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed.(Spiva, Bruce) (Entered: 08/13/2020)

Summons Issued/Not Issued

RETURN of Service of SUMMONS Executed as to Ruth Hughs served on 8/18/2020, answer due 9/8/2020, filed.(Howton, Skyler) (Entered: 08/18/2020)

ORDER. Plaintiffs have filed a Motion for Preliminary Injunction (Dkt. No. 5).Defendant is ORDERED to respond to the motion by September 2, 2020. Plaintiffsmay file a reply by September 7, 2020. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

ORDER granting 9 Motion for Marc E. Elias to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

ORDER granting 11 Motion for Bruce V. Spiva to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

ORDER granting 12 Motion for Daniel Osher to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

ORDER granting 13 Motion for Emily Brailey to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

ORDER granting 10 Motion for Lalitha D. Madduri to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

NOTICE of Appearance by Todd Lawrence Disher on behalf of Ruth Hughs, filed. (Disher, Todd) (Entered: 08/31/2020)

NOTICE of Appearance by William T. Thompson on behalf of Ruth Hughs, filed. (Thompson, William) (Entered: 08/31/2020)

Unopposed MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/21/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 08/31/2020)

MOTION to Dismiss 1 Complaint, by Ruth Hughs, filed. Motion Docket Date 9/21/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 08/31/2020)

1 Proposed Order

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MOTION to Strike Expert Declaration and Testimony of Dr. Allan Lichtman Motions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/23/2020. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/23/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

RESPONSE in Opposition to 5 MOTION for Preliminary Injunction, filed by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

APPENDIX re: 29 Response in Opposition to Motion by Ruth Hughs, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Disher, Todd) (Entered: 09/02/2020)

NOTICE of Filing of Correction to Exhibit 4 of Appendix in Support re: 29 Response in Opposition to Motion by Ruth Hughs, filed. (Attachments: # 1 Corrected Exhibit 4, Part I of Appendix in Support, # 2 Corrected Exhibit 4, Part II of Appendix in Support)(Disher, Todd) (Entered: 09/03/2020)

MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/28/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 09/07/2020)

RESPONSE in Opposition to 26 MOTION to Dismiss 1 Complaint,, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Appendix I to Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss)(Howton, Skyler) (Entered: 09/07/2020)

REPLY in Support of 5 MOTION for Preliminary Injunction, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Appendix I - to Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Appendix II - to Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction)(Howton, Skyler) (Entered: 09/07/2020)

RESPONSE in Opposition to 27 MOTION to Strike Expert Declaration and Testimony of Dr. Allan Lichtman, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Exhibit Lichtman Deposition Transcript)(Howton, Skyler) (Entered: 09/08/2020)

ORDER granting 25 28 32 Motions for Leave to File Excess Pages.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/11/2020)

NOTICE of Supplemental Authority by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. (Howton, Skyler) (Entered: 09/14/2020)

REPLY in Support of 26 MOTION to Dismiss 1 Complaint,, filed by Ruth Hughs. (Attachments: # 1 Exhibit A)(Disher, Todd) (Entered: 09/14/2020)

MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply Motions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 10/5/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/14/2020)

RESPONSE in Opposition to 39 MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 09/16/2020)

REPLY in Support of 39 MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply, filed by Ruth Hughs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Disher, Todd) (Entered: 09/23/2020)

ORDER denying Defendant's 27 Motion to Strike Dr. Lichtman's declaration and any future testimony.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/25/2020)

MEMORANDUM AND ORDER granting in part and denying in part Defendant's 26 MOTION to Dismiss; denying 39 MOTION to Strike the Declaration of Dan Wallach; granting Plaintiff's 5 Request for Preliminary Injunction. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/25/2020)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 43 Memorandum and Order, by Ruth Hughs (Filing fee $ 505, receipt number 0541-25264681), filed.(Disher, Todd) (Entered: 09/26/2020)

Opposed MOTION to Stay Preliminary Injunction Motions referred to Christopher dos Santos. by Ruth Hughs, filed. Motion Docket Date 10/19/2020. (Attachments: # 1 Exhibit Bexar Co. Declaration, # 2 Exhibit Hays Co. Declaration, # 3 Exhibit Tarrant Co. Declaration, # 4 Exhibit Collin Co. Declaration, # 5 Proposed Order)(Disher, Todd) (Entered: 09/26/2020)

1 Exhibit Bexar Co. Declaration

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2 Exhibit Hays Co. Declaration

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3 Exhibit Tarrant Co. Declaration

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4 Exhibit Collin Co. Declaration

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5 Proposed Order

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Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 44 Notice of Appeal. Fee status: Paid. Reporter(s): No Hearing Held, filed. (Attachments: # 1 Notice of Appeal, # 2 Memorandum and Order, # 3 Docket Sheet) (dmorales, 5) (Entered: 09/28/2020)

1 Notice of Appeal

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2 Memorandum and Order

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3 Docket Sheet

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RESPONSE in Opposition to 45 Opposed MOTION to Stay Preliminary Injunction, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 09/28/2020)

Notice of Assignment of USCA No. 20-40643 re: 44 Notice of Appeal, filed.(dmorales, 5)

USCA Case Number

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 44 Notice of Appeal USCA No. 20-40643, filed.(dmorales, 5)

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel for appellant and appellee. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 20-40643), filed.(dmorales, 5)

Electronic Record on Appeal Certified

Transmittal of Appeal (FORM, noticing) - Civil

Opposed MOTION for Clarification Motions referred to Christopher dos Santos. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 11/13/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/23/2020)

ORDER granting 48 Motion for Clarification. Plaintiffs have filed an opposed Motion for Clarification, asking that this Court clarify the scope of its order granting Plaintiffs request for a preliminary injunction (Dkt. No. 48). The Court hereby GRANTS the motion and clarifies that the preliminary injunction entered on September 25, 2020 (Dkt. No. 43 ) applies only to in-person voting during the November 2020 general election.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(sgonzalez, 5) (Entered: 10/26/2020)

ADVISORY by Ruth Hughs, filed. (Attachments: # 1 Exhibit Fifth Circuit Order (No. 20-50774))(Disher, Todd) (Entered: 11/03/2020)

Order of USCA re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED that the motion to reconsider sanctions is GRANTED in part and DENIED in part., filed.(dmorales, 5) (Entered: 06/30/2021)

ADVISORY Because this matter no longer appears to have a live controversy, the Court will close this case on October 15, 2021. If the parties believe otherwise, they should file specific objections explaining why this matter should remain open prior to October 15, 2021. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 10/06/2021)

RESPONSE to 52 Order, (Court's 10/06/21 Advisory), filed by Ruth Hughs. (Thompson, William) (Entered: 10/14/2021)

First OBJECTIONS to the Closure of the Case on Mootness Grounds, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Spiva, Bruce) (Entered: 10/14/2021)

Unopposed MOTION for Bruce V. Spiva to Withdraw as AttorneyMotions referred to Christopher dos Santos. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 2/18/2022. (Attachments: # 1 Proposed Order)(Spiva, Bruce) (Entered: 01/28/2022)

Order of USCA re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED that the motion of attorney Bruce Van Spiva to withdraw is GRANTED., filed.(dmorales, 5) (Entered: 02/02/2022)

Fifth Circuit Court of Appeals LETTER advising of the Revised Case Caption to be used on all future filings in this case. (USCA No. 20-40643), filed.(sgonzalez, 5) (Entered: 03/16/2022)

ORDER. The Clerk of Court is ORDERED to recaption this action as Texas Alliance for Retired Americans et al. v. John Scott, in his official capacity as the Texas Secretary of State. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(RobertTenorio, 5) (Entered: 03/17/2022)

ORDER granting 55 Unopposed Motion to Withdraw as Counsel of Record for Plaintiffs. Attorney Bruce Spiva terminated. (Signed by Magistrate Judge Christopher dos Santos) Parties notified.(dmorales, 5) (Entered: 03/22/2022)

NOTICE of Dismissal as to DCCC, Sylvia Bruni, Texas Alliance for Retired Americans, DSCC by DCCC, Sylvia Bruni, Texas Alliance for Retired Americans, DSCC, filed. (Howton, Skyler) (Entered: 05/09/2022)

PER CURIAM of USCA; Judgment issued as mandate 5/9/2022 re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED and ADJUDGED that the judgment of the District Court is REVERSED, VACATED and REMANDED to the District Court for further proceedings in accordance with the opinion of this Court., filed.(vcantu, 5) (Entered: 05/10/2022)

JUDGMENT of USCA; Judgment issued as mandate 5/9/2022 re: 44 Notice of Appeal ; USCA No. 20-40643. It is Ordered and Adjudged that the judgment of the District Court is REVERSED, VACATED and REMANDED in accordance with the opinion of this Court, filed. (Attachments: # 1 Letter)(vcantu, 5) (Entered: 05/10/2022)

ORDER. Plaintiffs claims are hereby DISMISSED WITHOUT PREJUDICE.The Clerk of Court is DIRECTED to TERMINATE all pending motions and CLOSE this civil action.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ElliotGallegos, 5) (Entered: 05/13/2022)