Case: National Federation of the Blind v. Lamone

1:14-cv-01631 | U.S. District Court for the District of Maryland

Filed Date: May 19, 2014

Closed Date: Sept. 12, 2016

Clearinghouse coding complete

Case Summary

The State of Maryland developed an online ballot marking tool, which was used in the 2012 election, and modified to be more accessible for people with disabilities with the input of the National Federation of the Blind (NFB). By 2014, however, in response to concerns about the security of this method, the legislature passed a requirement that such tools must be certified by the Board of Elections, which the Board failed to do. This left Maryland voters with disabilities without an accessible me…

The State of Maryland developed an online ballot marking tool, which was used in the 2012 election, and modified to be more accessible for people with disabilities with the input of the National Federation of the Blind (NFB). By 2014, however, in response to concerns about the security of this method, the legislature passed a requirement that such tools must be certified by the Board of Elections, which the Board failed to do. This left Maryland voters with disabilities without an accessible means of casting an absentee ballot. 

Plaintiff NFB and several disabled plaintiffs sued the Administrator of the state Elections Board, and the members of the Board in their official capacities, in federal court, District of Maryland on May 19, 2014.   The case was assigned to Judge Richard D Bennett. Plaintiffs, represented by the firm Brown, Goldstein & Levy, asserted that Maryland's absentee voting process violates the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12131, et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794). Plaintiffs sought both a declaratory judgment as well as an injunction requiring state election officials to make the online ballot marking tool available for use starting with the 2014 general election. Plaintiffs sought, but were denied, a preliminary injunction and instead, the court scheduled a three-day bench trial in time for a resolution prior to the 2014 election. 

On September 4, 2014, the trial court ruled in plaintiffs’ favor, finding that Plaintiffs were denied meaningful access to the State's absentee ballot voting program as mandated by the ADA and Section 504 and that that allowing the Plaintiffs to use the online ballot marking tool is a reasonable and necessary modification to the State's program. The court further found that the use of the online ballot marking tool in the 2014 general election would not constitute a fundamental alteration of that program and would not impose an undue financial or administrative burden. 2014 WL 4388342. The defendants appealed and the U.S. Court of Appeals for the Fourth Circuit affirmed the trial court’s decision. 813 F.3d 494 (4th Cir. 2016).

Plaintiffs filed a motion for attorneys’ fees and costs, but the parties ultimately settled attorneys’ fees, and according to the website of the National Federation of the Blind, the agreed-upon amount was $230,000.

 

Summary Authors

NDRN (9/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5145792/parties/the-national-federation-of-the-blind-inc-v-lamone/


Judge(s)

Bennet, Richard D (Maryland)

Attorney for Plaintiff

Barbosa, Patricia (Maryland)

Boylan, Jason Charles (Maryland)

Attorney for Defendant

Bernhardt, Julia Doyle (Maryland)

Burton, Mark E. (Maryland)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:14-cv-01631

Complaint

May 19, 2014

May 19, 2014

Complaint
3

1:14-cv-01631

Motion for Preliminary Injunction

May 19, 2014

May 19, 2014

Pleading / Motion / Brief
3-1

1:14-cv-01631

Memorandum in Support of Motion for Preliminary Injunction

May 19, 2014

May 19, 2014

Pleading / Motion / Brief
12

1:14-cv-01631

Order

June 11, 2014

June 11, 2014

Order/Opinion
18

1:14-cv-01631

Amended Complaint

June 27, 2014

June 27, 2014

Complaint
26

1:14-cv-01631

Motion for Permanent Injunction

Aug. 6, 2014

Aug. 6, 2014

Pleading / Motion / Brief
28

1:14-cv-01631

Defendant's Motion for Summary Judgment

Aug. 6, 2014

Aug. 6, 2014

Pleading / Motion / Brief
30

1:14-cv-01631

Plaintiff's Opposition to Defendant's Motion for Summary Judgment

Aug. 11, 2014

Aug. 11, 2014

Pleading / Motion / Brief
59

1:14-cv-01631

Memorandum Opinion

Sept. 4, 2014

Sept. 4, 2014

Order/Opinion

2014 WL 4388342

60

1:14-cv-01631

Order and Judgment

Sept. 4, 2014

Sept. 4, 2014

Order/Opinion

2014 WL 4388342

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5145792/the-national-federation-of-the-blind-inc-v-lamone/

Last updated June 26, 2026, 5:29 a.m.

ECF Number Date Description Link
1 May 19, 2014

COMPLAINT against Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Charles E. Thomann ( Filing fee $ 400 receipt number 0416-4752183.), filed by Kenneth Capone, Janice Toothman, The National Federation of the Blind, Inc., Melissa Riccobono. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Linda H. Lamone, # 3 Summons - Bobbie S. Mack, # 4 Summons - David J. McManus, Jr., # 5 Summons - Patrick J. Hogan, # 6 Summons - Rachel T. McGuckian, # 7 Summons - Charles E. Thomann)(Goldstein, Daniel) (Entered: 05/19/2014)

1 Civil Cover Sheet

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2 Summons - Linda H. Lamone

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3 Summons - Bobbie S. Mack

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4 Summons - David J. McManus, Jr.

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5 Summons - Patrick J. Hogan

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6 Summons - Rachel T. McGuckian

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7 Summons - Charles E. Thomann

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Clearinghouse
2 May 19, 2014

Local Rule 103.3 Disclosure Statement by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman identifying Corporate Parent The National Federation of the Blind, Inc. for The National Federation of the Blind, Inc... (Goldstein, Daniel) (Entered: 05/19/2014)

RECAP
3 May 19, 2014

MOTION for Preliminary Injunction by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 6/5/2014 (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Altobelli Declaration, # 5 Exhibit A to Altobelli Declaration, # 6 Exhibit B to Altobelli Declaration, # 7 Exhibit C to Altobelli Declaration, # 8 Exhibit D to Altobelli Declaration, # 9 Exhibit E to Altobelli Declaration, # 10 Exhibit F to Altobelli Declaration, # 11 Exhibit G to Altobelli Declaration, # 12 Capone Declaration, # 13 Maurer Declaration, # 14 Riccobono Declaration, # 15 Taylor Declaration, # 16 Exhibit A to Taylor Declaration, # 17 Exhibit B to Taylor Declaration, # 18 Toothman Declaration, # 19 Text of Proposed Order)(Goldstein, Daniel) (Entered: 05/19/2014)

1 Memorandum in Support of Motion for Preliminary Injunction

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2 Exhibit 1

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3 Exhibit 2

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4 Altobelli Declaration

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5 Exhibit A to Altobelli Declaration

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6 Exhibit B to Altobelli Declaration

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7 Exhibit C to Altobelli Declaration

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8 Exhibit D to Altobelli Declaration

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9 Exhibit E to Altobelli Declaration

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10 Exhibit F to Altobelli Declaration

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11 Exhibit G to Altobelli Declaration

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12 Capone Declaration

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13 Maurer Declaration

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14 Riccobono Declaration

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15 Taylor Declaration

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16 Exhibit A to Taylor Declaration

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17 Exhibit B to Taylor Declaration

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18 Toothman Declaration

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19 Text of Proposed Order

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Clearinghouse
4 May 19, 2014

Correspondence re: Expedited Schedule (Weber, Jessica) (Entered: 05/19/2014)

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5 May 20, 2014

Summons Issued 21 days as to Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Charles E. Thomann. (bmhs, Deputy Clerk) (Entered: 05/20/2014)

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6 May 20, 2014

SUMMONS Returned Executed by Kenneth Capone, Janice Toothman, The National Federation of the Blind, Inc., Melissa Riccobono. Patrick J. Hogan served on 5/20/2014, answer due 6/10/2014; Linda H. Lamone served on 5/20/2014, answer due 6/10/2014; Bobbie S. Mack served on 5/20/2014, answer due 6/10/2014; Rachel T. McGuckian served on 5/20/2014, answer due 6/10/2014; David J. McManus, Jr. served on 5/20/2014, answer due 6/10/2014; Charles E. Thomann served on 5/20/2014, answer due 6/10/2014. (Attachments: # 1 Mack Summons Returned Executed, # 2 McGuckian Summons Returned Executed, # 3 McManus Summons Returned Executed, # 4 Thomann Summons Returned Executed, # 5 Hogan Summons Returned Executed)(Goldstein, Daniel) (Entered: 05/20/2014)

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7 June 3, 2014

NOTICE of Appearance by Julia Doyle Bernhardt on behalf of All Defendants (Bernhardt, Julia) (Entered: 06/03/2014)

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8 June 3, 2014

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Charles E. Thomann. (Attachments: # 1 Exhibit Declaration of Rick Urps, # 2 Exhibit Declaration of Nicole Charlson)(Bernhardt, Julia) (Entered: 06/03/2014)

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9 June 4, 2014

NOTICE of Appearance by Dan Friedman on behalf of All Defendants (Friedman, Dan) (Entered: 06/04/2014)

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10 June 6, 2014

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Attachments: # 1 Affidavit Denise Altobelli, # 2 Exhibit A to Altobelli Decl)(Goldstein, Daniel) (Entered: 06/06/2014)

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11 June 11, 2014

Motion Hearing held on 6/11/2014 re 3 MOTION for Preliminary Injunction filed by Kenneth Capone, The National Federation of the Blind, Inc., Janice Toothman, Melissa Riccobono before Judge Richard D Bennett. (Court Reporter: Mary Zajac) (mds, Deputy Clerk) (Entered: 06/11/2014)

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12 June 11, 2014

ORDER denying 3 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Richard D Bennett on 6/11/14. (bmhs, Deputy Clerk) (Entered: 06/12/2014)

Clearinghouse
13 June 11, 2014

SCHEDULING ORDER: Status Report due by 7/22/2014. Signed by Judge Richard D Bennett on 6/11/14. (Attachments: # 1 Informal Discovery Letter)(bmhs, Deputy Clerk) (Entered: 06/12/2014)

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14 June 16, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/11/2014, before Judge Richard D. Bennett. Court Reporter/Transcriber Mary M. Zajac, Telephone number 410-962-4544. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER... Redaction Request due 7/7/2014. Redacted Transcript Deadline set for 7/17/2014. Release of Transcript Restriction set for 9/15/2014. (mmz, Court Reporter) (Entered: 06/16/2014)

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15 June 16, 2014

ANSWER to 1 Complaint,, by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Charles E. Thomann.(Bernhardt, Julia) (Entered: 06/16/2014)

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16 June 25, 2014

Correspondence re: Parties propose revising Scheduling Order (Weber, Jessica) (Entered: 06/25/2014)

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17 June 25, 2014

MARGINAL ORDER granting 16 Correspondence re: Parties propose revising Scheduling Order. Signed by Judge Richard D Bennett on 6/25/14. (bmhs, Deputy Clerk) (Entered: 06/26/2014)

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18 June 27, 2014

AMENDED COMPLAINT against Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Charles E. Thomann, filed by Kenneth Capone, Janice Toothman, The National Federation of the Blind, Inc., Melissa Riccobono. (Attachments: # 1 Amended Complaint - Redline)(Weber, Jessica) (Entered: 06/27/2014)

1 Amended Complaint - Redline

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Clearinghouse
19 July 11, 2014

ANSWER to 18 Amended Complaint, by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann.(Friedman, Dan) (Entered: 07/11/2014)

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20 July 22, 2014

STATUS REPORT JOINT STATUS REPORT by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Goldstein, Daniel) (Entered: 07/22/2014)

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21 Aug. 1, 2014

MOTION to Intervene by American Council of the Blind of Maryland, VerifiedVoting.org, SAVEourVotes.org, Cindy LaBon, Charles Crawford, Jane Sheehan Responses due by 8/18/2014 (Attachments: # 1 Memorandum of Law in Support, # 2 Complaint, # 3 Declaration of Andrew S. Han, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Request for Expedited Briefing and Hearing, # 9 Text of Proposed Order)(Han, Andrew) (Entered: 08/01/2014)

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22 Aug. 4, 2014

RESPONSE to Motion re 21 MOTION to Intervene filed by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, Rachel T. McGuckian, David J. McManus, Jr., Janet S. Owens, Jane Sheehan, Charles E. Thomann. Replies due by 8/21/2014. (Bernhardt, Julia) (Entered: 08/04/2014)

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23 Aug. 5, 2014

Request for Hearing/Trial (Goldstein, Daniel) (Entered: 08/05/2014)

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24 Aug. 5, 2014

NOTICE of Appearance by Brett David Watson on behalf of All Plaintiffs (Watson, Brett) (Entered: 08/05/2014)

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25 Aug. 5, 2014

RESPONSE in Opposition re 21 MOTION to Intervene filed by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. Replies due by 8/22/2014. (Attachments: # 1 Affidavit Barbara Thompkinson, # 2 Exhibit A to Thompkinson Decl, # 3 Exhibit B to Thompkinson Decl, # 4 Exhibit C to Thompkinson Decl, # 5 Exhibit D to Thompkinson Decl, # 6 Exhibit E to Thompkinson Decl, # 7 Text of Proposed Order)(Goldstein, Daniel) (Entered: 08/05/2014)

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26 Aug. 6, 2014

MOTION for Permanent Injunction by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 8/25/2014 (Attachments: # 1 Exhibit Hearing Brief and Memorandum in Support of Motion for Permanent Injunction, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Goldstein, Daniel) (Entered: 08/06/2014)

1 Exhibit Hearing Brief and Memorandum in Support of Motion for Permanent Injuncti

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Text of Proposed Order

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Clearinghouse
27 Aug. 6, 2014

MOTION in Limine by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 8/25/2014 (Attachments: # 1 Text of Proposed Order)(Goldstein, Daniel) (Entered: 08/06/2014)

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28 Aug. 6, 2014

MOTION for Summary Judgment by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann Responses due by 8/25/2014 (Attachments: # 1 Memorandum in Support of Defendants' Motion for Summary Judgment, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 1 Attachment A, # 4 Exhibit Exhibit 1 Attachment B, # 5 Exhibit Exhibit 1 Attachment C, # 6 Exhibit Exhibit 1 Attachment D, # 7 Exhibit Exhibit 1 Attachment E, # 8 Exhibit Exhibit 1 Attachment F, # 9 Exhibit Exhibit 1 Attachment G, # 10 Exhibit Exhibit 1 Attachment H, # 11 Exhibit Exhibit 2, # 12 Exhibit Exhibit 3, # 13 Exhibit Exhibit 4, # 14 Text of Proposed Order)(Bernhardt, Julia) (Entered: 08/06/2014)

Clearinghouse
29 Aug. 8, 2014

ORDER confirming the telephone conference. Signed by Judge Richard D Bennett on 8/8/14. (bmhs, Deputy Clerk) (Entered: 08/11/2014)

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Aug. 8, 2014

Telephone Conference held on 8/8/2014 before Judge Richard D Bennett. (bmhs, Deputy Clerk)

30 Aug. 11, 2014

RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. Replies due by 8/28/2014. (Attachments: # 1 Text of Proposed Order)(Goldstein, Daniel) (Entered: 08/11/2014)

1 Text of Proposed Order

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Clearinghouse
31 Aug. 11, 2014

NOTICE of Appearance by Andrew Sun Han on behalf of American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, Jane Sheehan, VerifiedVoting.org (Han, Andrew) (Entered: 08/11/2014)

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32 Aug. 11, 2014

MOTION to Appear Pro Hac Vice for Robert M. Stern ( Filing fee $ 50, receipt number 0416-4903353.) by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, Jane Sheehan, VerifiedVoting.org (Han, Andrew) (Entered: 08/11/2014)

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33 Aug. 11, 2014

QC NOTICE: 32 Motion to Appear Pro Hac Vice, filed by VerifiedVoting.org, SAVEourVotes.org, Charles Crawford, American Council of the Blind of Maryland, Jane Sheehan, Cindy LaBon needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mrs, Deputy Clerk) (Entered: 08/11/2014)

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34 Aug. 11, 2014

Defendants' ANSWER to Complaint of Intervenors by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann.(Bernhardt, Julia) (Entered: 08/11/2014)

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35 Aug. 11, 2014

CORRECTED MOTION to Appear Pro Hac Vice for Robert M. Stern by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, Jane Sheehan, VerifiedVoting.org. The fee has already been paid.(Han, Andrew) (Entered: 08/11/2014)

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36 Aug. 11, 2014

RESPONSE in Opposition re 26 MOTION for Permanent Injunction, 27 MOTION in Limine filed by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann. Replies due by 8/28/2014. (Bernhardt, Julia) (Entered: 08/11/2014)

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37 Aug. 12, 2014

PAPERLESS ORDER granting 35 Corrected Motion to Appear Pro Hac Vice on behalf of Robert M Stern. Directing attorney Robert M Stern to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 8/12/2014. (mrs, Deputy Clerk) (Entered: 08/12/2014)

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38 Aug. 12, 2014

MOTION to Appear Pro Hac Vice for Scott Schaeffer ( Filing fee $ 50, receipt number 0416-4905842.) by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, Jane Sheehan, VerifiedVoting.org (Han, Andrew) (Entered: 08/12/2014)

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39 Aug. 12, 2014

PAPERLESS ORDER granting 38 Motion to Appear Pro Hac Vice on behalf of Scott Schaeffer. Directing attorney Scott Schaeffer to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 8/12/2014. (mrs, Deputy Clerk) (Entered: 08/12/2014)

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40 Aug. 12, 2014

MOTION to Appear Pro Hac Vice for Vasu Muthyala ( Filing fee $ 50, receipt number 0416-4906706.) by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, Jane Sheehan, VerifiedVoting.org (Han, Andrew) (Entered: 08/12/2014)

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41 Aug. 13, 2014

PAPERLESS ORDER granting 40 Motion to Appear Pro Hac Vice on behalf of Vasu Muthyala. Directing attorney Vasu Muthyala to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 8/13/2014. (mrs, Deputy Clerk) (Entered: 08/13/2014)

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42 Aug. 13, 2014

Bench Trial (Day 1) begun on 8/13/2014 before Judge Richard D Bennett. (Court Reporter: Christine Asif) (kams, Deputy Clerk) (Entered: 08/14/2014)

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43 Aug. 14, 2014

Bench Trial (Day 2) held on 8/14/2014 before Judge Richard D Bennett. (Court Reporter: Christine Asif) (kams, Deputy Clerk) (Entered: 08/15/2014)

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44 Aug. 18, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/13/2014, before Judge Richard D. Bennett. Court Reporter/Transcriber Christine T. Asif, Telephone number 410-962-4492. Total number of pages filed: 220. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER... Redaction Request due 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014. (ca, Court Reporter) (Entered: 08/18/2014)

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45 Aug. 18, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/14/2014, before Judge Richard D. Bennett. Court Reporter/Transcriber Christine T. Asif, Telephone number 410-962-4492. Total number of pages filed: 202. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER... Redaction Request due 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014. (ca, Court Reporter) (Entered: 08/18/2014)

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46 Aug. 25, 2014

MOTION in Limine To Exclude Testimony Related to Jeremy Epstein's Supplemental Expert Report by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 9/11/2014 (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Goldstein, Daniel) (Entered: 08/25/2014)

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58 Aug. 26, 2014

Bench Trial (Day 3) completed on 8/26/2014 before Judge Richard D Bennett. (Court Reporter: Jackie Sovich) (kam, Deputy Clerk) (Entered: 09/04/2014)

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47 Aug. 27, 2014

Proposed Findings of Fact by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, VerifiedVoting.org. (Han, Andrew) (Entered: 08/27/2014)

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48 Aug. 27, 2014

Proposed Findings of Fact by American Council of the Blind of Maryland, Charles Crawford, Cindy LaBon, SAVEourVotes.org, VerifiedVoting.org. (Han, Andrew) (Entered: 08/27/2014)

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49 Aug. 27, 2014

Proposed Findings of Fact by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Goldstein, Daniel) (Entered: 08/27/2014)

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50 Aug. 27, 2014

Proposed Findings of Fact by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Goldstein, Daniel) (Entered: 08/27/2014)

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51 Aug. 27, 2014

Proposed Findings of Fact by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann. (Bernhardt, Julia) (Entered: 08/27/2014)

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52 Aug. 27, 2014

PLAINTIFFS' EXHIBIT LIST. (bmhs, Deputy Clerk) (Entered: 08/27/2014)

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53 Aug. 27, 2014

INTERVENOR'S EXHIBIT LIST. (bmhs, Deputy Clerk) (Entered: 08/27/2014)

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54 Aug. 27, 2014

DEFENDANT'S EXHIBIT LIST. (bmhs, Deputy Clerk) (Entered: 08/27/2014)

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55 Aug. 28, 2014

MOTION to Withdraw as Attorney Dan Friedman by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann Responses due by 9/15/2014 (Attachments: # 1 Text of Proposed Order)(Bernhardt, Julia) (Entered: 08/28/2014)

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56 Aug. 28, 2014

ORDER granting 55 Motion to Withdraw as Attorney. Attorney Dan Friedman terminated. Signed by Judge Richard D Bennett on 8/28/14. (bmhs, Deputy Clerk) (Entered: 08/28/2014)

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57 Aug. 28, 2014

Substantive legal issues - addressing (Weber, Jessica) (Entered: 08/28/2014)

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59 Sept. 4, 2014

MEMORANDUM OPINION. Signed by Judge Richard D Bennett on 9/4/14. (bmhs, Deputy Clerk) (Entered: 09/04/2014)

Clearinghouse
60 Sept. 4, 2014

ORDER & JUDGMENT granting in part and denying in part 21 Motion to Intervene; denying as moot 26 Plaintiffs' Motion for Permanent Injunction and 28 Defendants' Motion for Summary Judgment; entering judgment in favor of Plaintiffs' National Federation of the Blind, Kenneth Capone, Melissa Riccobono, and Janice Toothman against Defendants Linda Lamone, in her official capacity as State Administrator of the State Board of Elections, Bobbie S. Mack, in her official capacity as Chairman of the State Board of Elections, David J. McManus, Jr., in his official capacity as Vice-Chairman of the State Board of Elections, and Patrick J. Hogan, Charles E. Thomann, and Janet S. Owens, in their official capacities as members of the State Board of Elections, with respect to Plaintiffs' claims; Defendants shall be permanently restrained and enjoined from violating Plaintiffs rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in the upcoming 2014 general election and in all future elections; and Defendants shall make the online ballot marking tool available to Plaintiffs for the 2014 general election. Signed by Judge Richard D Bennett on 9/4/14. (bmhs, Deputy Clerk) (Entered: 09/04/2014)

Clearinghouse
61 Sept. 18, 2014

MOTION for Attorney Fees Expenses and Costs by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 10/6/2014 (Weber, Jessica) (Entered: 09/18/2014)

Clearinghouse
62 Sept. 22, 2014

NOTICE OF APPEAL as to 60 Judgment, by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann. (Bernhardt, Julia) Modified on 9/23/2014 (slss, Deputy Clerk). (Entered: 09/22/2014)

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Sept. 22, 2014

USCA Appeal Fees received $ 505 receipt number 14637076529 re 62 Notice of Appeal filed by Charles E. Thomann, Janet S. Owens, Bobbie S. Mack, Linda H. Lamone, Patrick J. Hogan, David J. McManus, Jr. (ko, Deputy Clerk)

63 Sept. 23, 2014

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 62 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices. (slss, Deputy Clerk) (Entered: 09/23/2014)

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64 Sept. 24, 2014

USCA Case Number 14-2001 for 62 Notice of Appeal filed by Charles E. Thomann, Janet S. Owens, Bobbie S. Mack, Linda H. Lamone, Patrick J. Hogan, David J. McManus, Jr. - Case Manager - Cathi Bennett. (sls, Deputy Clerk) (Entered: 09/24/2014)

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65 Oct. 8, 2014

TRANSCRIPT ORDER ACKNOWLEDGMENT for proceedings held on 8/26/2014 before Judge Bennett, re 62 Notice of Appeal - Transcript due by 12/15/2014. (Court Reporter: Jackie Sovich)(sls, Deputy Clerk) (Entered: 10/08/2014)

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66 Oct. 10, 2014

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 8-26-14, before Judge Bennett, re 62 Notice of Appeal Court Reporter/Transcriber Jacqueline Sovich, Telephone number 4109624537. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Does this satisfy all appellate orders for this reporter? - Y. Redaction Request due 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015. (Attachments: # 1 Appendix) (jcss, Court Reporter) (Entered: 10/10/2014)

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67 Aug. 21, 2015

ORDER denying without prejudice to refiling 61 Plaintiff's Motion for Attorney Fees, Expenses and Costs. Signed by Judge Richard D Bennett on 8/21/2015. (bmhs, Deputy Clerk) (Entered: 08/21/2015)

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Aug. 21, 2015

Telephone Conference held on 8/21/2015 before Judge Richard D Bennett. (bmhs, Deputy Clerk)

68 Feb. 9, 2016

JUDGMENT of USCA affirming the judgment of the District Court as to 62 Notice of Appeal filed by Charles E. Thomann, Janet S. Owens, Bobbie S. Mack, Linda H. Lamone, Patrick J. Hogan, David J. McManus, Jr. (ko, Deputy Clerk) (Entered: 02/10/2016)

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69 Feb. 16, 2016

(WITHDRAWN, See ECF 84) MOTION for Attorney Fees by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 3/4/2016 (Weber, Jessica) Modified on 9/12/2016 (bmhs, Deputy Clerk). (Entered: 02/16/2016)

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70 Feb. 16, 2016

Consent MOTION for Extension of Time to File Plaintiffs' Memorandum in Support of their Motion for Attorneys' Fees, Expenses & Costs by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman Responses due by 3/4/2016 (Weber, Jessica) (Entered: 02/16/2016)

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71 Feb. 16, 2016

ORDER granting 70 Motion for Extension of Time to File Document. Signed by Judge Richard D Bennett on 2/16/2016. (Entered: 02/16/2016)

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72 March 2, 2016

MANDATE of USCA issued as to 62 Notice of Appeal filed by Charles E. Thomann, Janet S. Owens, Bobbie S. Mack, Linda H. Lamone, Patrick J. Hogan, David J. McManus, Jr. (ko, Deputy Clerk) (Entered: 03/02/2016)

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73 April 15, 2016

FILED IN ERROR, RE-FILED SEE ECF 74 Memorandum re 69 MOTION for Attorney Fees, Expenses, and Costs filed by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Attachments: # 1 Declaration of Daniel F. Goldstein, # 2 Exhibit A to Goldstein Declaration, # 3 Exhibit B to Goldstein Declaration, # 4 Declaration of Mitchell Y Mirviss, # 5 Declaration of Gerard P. Martin, # 6 Text of Proposed Order)(Weber, Jessica) Modified on 4/15/2016 (cags, Deputy Clerk). (Entered: 04/15/2016)

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74 April 15, 2016

Memorandum re 69 MOTION for Attorney Fees filed by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman. (Attachments: # 1 Declaration of Daniel F. Goldstein, # 2 Exhibit A to Goldstein Declaration, # 3 Exhibit B to Goldstein Declaration, # 4 Declaration of Mitchell Y Mirviss, # 5 Declaration of Gerard P. Martin, # 6 Declaration of Stanley J. Reed, # 7 Text of Proposed Order)(Weber, Jessica) (Entered: 04/15/2016)

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75 April 26, 2016

NOTICE of Appearance by Jeffrey Lewis Darsie on behalf of All Defendants (Darsie, Jeffrey) (Entered: 04/26/2016)

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76 April 26, 2016

NOTICE by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann of Substitution of Parties (Bernhardt, Julia) (Entered: 04/26/2016)

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77 April 26, 2016

Consent MOTION for Extension of Time for Defendants' Response to Plaintiffs' Motion for Attorneys' Fees by Patrick J. Hogan, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr., Janet S. Owens, Charles E. Thomann Responses due by 5/13/2016 (Attachments: # 1 Text of Proposed Order)(Bernhardt, Julia) (Entered: 04/26/2016)

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78 April 27, 2016

ORDER granting 77 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 4/26/2016. (bmhs, Deputy Clerk) (Entered: 04/27/2016)

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79 June 8, 2016

Consent MOTION for Extension of Time for Filing Response to Plaintiffs' Motion for Attorneys' Fees by Michael R. Cogan, Patrick J. Hogan, Kelly A. Howells, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr. Responses due by 6/27/2016 (Attachments: # 1 Text of Proposed Order)(Bernhardt, Julia) (Entered: 06/08/2016)

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80 June 8, 2016

ORDER granting 79 Defendants' Motion for Extension of Time. Signed by Judge Richard D. Bennett on 6/8/2016. (bmhs, Deputy Clerk) (Entered: 06/09/2016)

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81 July 7, 2016

Consent MOTION to Stay re 69 MOTION for Attorney Fees, 74 Memorandum, by Michael R. Cogan, Patrick J. Hogan, Kelly A. Howells, Linda H. Lamone, Bobbie S. Mack, David J. McManus, Jr. Responses due by 7/25/2016 (Attachments: # 1 Text of Proposed Order)(Bernhardt, Julia) (Entered: 07/07/2016)

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82 July 8, 2016

ORDER granting 81 Motion of defendants to Stay Proceedings. Signed by Judge Richard D. Bennett on 7/7/2016. (jnls, Deputy Clerk) (Entered: 07/08/2016)

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83 Sept. 9, 2016

NOTICE by Kenneth Capone, Melissa Riccobono, The National Federation of the Blind, Inc., Janice Toothman re 69 MOTION for Attorney Fees (Weber, Jessica) (Entered: 09/09/2016)

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Sept. 9, 2016

Telephone Conference held on 9/9/2016 before Judge Richard D. Bennett. (bmhs, Deputy Clerk)

84 Sept. 12, 2016

MARGINAL ORDER approving 83 Notice of Withdrawal of Plaintiffs' Motion for Attorneys' Fees, Expenses, and Costs. Signed by Judge Richard D. Bennett on 9/12/2016. (bmhs, Deputy Clerk) (Entered: 09/12/2016)

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Case Details

State / Territory:

Maryland

Case Type(s):

Disability Rights

Election/Voting Rights

Key Dates

Filing Date: May 19, 2014

Closing Date: Sept. 12, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

organizational plaintiff and individuals

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Administrator

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

District of Maryland 1:14-cv-01631

U.S. Court of Appeals for the Fourth Circuit 14-02001

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Amount Defendant Pays: 230,000

Issues

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Election administration

Voter qualifications

Recommended Citation