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

show all people

Documents in the Clearinghouse

Document
3-1

1:14-cv-01631

Memorandum in Support of Motion for Preliminary Injunction

May 19, 2014

May 19, 2014

Pleading / Motion / Brief
3

1:14-cv-01631

Motion for Preliminary Injunction

May 19, 2014

May 19, 2014

Pleading / Motion / Brief
1

1:14-cv-01631

Complaint

May 19, 2014

May 19, 2014

Complaint
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 2014

60

1:14-cv-01631

Order and Judgment

Sept. 4, 2014

Sept. 4, 2014

Order/Opinion

2014 WL 2014

Docket

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

Last updated April 6, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Summons - Linda H. Lamone

View on PACER

3 Summons - Bobbie S. Mack

View on PACER

4 Summons - David J. McManus, Jr.

View on PACER

5 Summons - Patrick J. Hogan

View on PACER

6 Summons - Rachel T. McGuckian

View on PACER

7 Summons - Charles E. Thomann

View on PACER

May 19, 2014

May 19, 2014

Clearinghouse
2

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)

May 19, 2014

May 19, 2014

PACER
3

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

View on Clearinghouse

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Altobelli Declaration

View on PACER

5 Exhibit A to Altobelli Declaration

View on PACER

6 Exhibit B to Altobelli Declaration

View on PACER

7 Exhibit C to Altobelli Declaration

View on PACER

8 Exhibit D to Altobelli Declaration

View on PACER

9 Exhibit E to Altobelli Declaration

View on PACER

10 Exhibit F to Altobelli Declaration

View on PACER

11 Exhibit G to Altobelli Declaration

View on PACER

12 Capone Declaration

View on PACER

13 Maurer Declaration

View on PACER

14 Riccobono Declaration

View on PACER

15 Taylor Declaration

View on PACER

16 Exhibit A to Taylor Declaration

View on PACER

17 Exhibit B to Taylor Declaration

View on PACER

18 Toothman Declaration

View on PACER

19 Text of Proposed Order

View on PACER

May 19, 2014

May 19, 2014

Clearinghouse
4

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

May 19, 2014

May 19, 2014

PACER
5

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)

May 20, 2014

May 20, 2014

PACER
6

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)

May 20, 2014

May 20, 2014

PACER
7

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

June 3, 2014

June 3, 2014

PACER
8

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)

June 3, 2014

June 3, 2014

PACER
9

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

June 4, 2014

June 4, 2014

PACER
10

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)

June 6, 2014

June 6, 2014

PACER
11

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)

June 11, 2014

June 11, 2014

PACER
12

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)

June 11, 2014

June 11, 2014

Clearinghouse
13

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)

June 11, 2014

June 11, 2014

PACER
14

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)

June 16, 2014

June 16, 2014

PACER
15

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)

June 16, 2014

June 16, 2014

PACER
16

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

June 25, 2014

June 25, 2014

PACER
17

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)

June 25, 2014

June 25, 2014

PACER
18

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

View on PACER

June 27, 2014

June 27, 2014

Clearinghouse
19

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)

July 11, 2014

July 11, 2014

PACER
20

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)

July 22, 2014

July 22, 2014

PACER
21

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)

Aug. 1, 2014

Aug. 1, 2014

PACER
22

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)

Aug. 4, 2014

Aug. 4, 2014

PACER
23

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

Aug. 5, 2014

Aug. 5, 2014

PACER
24

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

Aug. 5, 2014

Aug. 5, 2014

PACER
25

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)

Aug. 5, 2014

Aug. 5, 2014

PACER
26

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

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Text of Proposed Order

View on PACER

Aug. 6, 2014

Aug. 6, 2014

Clearinghouse
27

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)

Aug. 6, 2014

Aug. 6, 2014

PACER
28

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)

Aug. 6, 2014

Aug. 6, 2014

Clearinghouse
29

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

Aug. 8, 2014

Aug. 8, 2014

PACER

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

Aug. 8, 2014

Aug. 8, 2014

PACER
30

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

View on PACER

Aug. 11, 2014

Aug. 11, 2014

Clearinghouse
31

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
32

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
33

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
34

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
35

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
36

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)

Aug. 11, 2014

Aug. 11, 2014

PACER
37

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)

Aug. 12, 2014

Aug. 12, 2014

PACER
38

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)

Aug. 12, 2014

Aug. 12, 2014

PACER
39

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)

Aug. 12, 2014

Aug. 12, 2014

PACER
40

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)

Aug. 12, 2014

Aug. 12, 2014

PACER
41

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)

Aug. 13, 2014

Aug. 13, 2014

PACER
42

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)

Aug. 13, 2014

Aug. 13, 2014

PACER
43

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)

Aug. 14, 2014

Aug. 14, 2014

PACER
44

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)

Aug. 18, 2014

Aug. 18, 2014

PACER
45

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)

Aug. 18, 2014

Aug. 18, 2014

PACER
46

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)

Aug. 25, 2014

Aug. 25, 2014

PACER
58

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)

Aug. 26, 2014

Aug. 26, 2014

PACER
47

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)

Aug. 27, 2014

Aug. 27, 2014

PACER
48

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)

Aug. 27, 2014

Aug. 27, 2014

PACER
49

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

Aug. 27, 2014

Aug. 27, 2014

PACER
50

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

Aug. 27, 2014

Aug. 27, 2014

PACER
51

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)

Aug. 27, 2014

Aug. 27, 2014

PACER
52

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

Aug. 27, 2014

Aug. 27, 2014

PACER
53

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

Aug. 27, 2014

Aug. 27, 2014

PACER
54

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

Aug. 27, 2014

Aug. 27, 2014

PACER
55

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)

Aug. 28, 2014

Aug. 28, 2014

PACER
56

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)

Aug. 28, 2014

Aug. 28, 2014

PACER
57

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

Aug. 28, 2014

Aug. 28, 2014

PACER
59

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

Sept. 4, 2014

Sept. 4, 2014

Clearinghouse
60

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)

Sept. 4, 2014

Sept. 4, 2014

Clearinghouse
61

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)

Sept. 18, 2014

Sept. 18, 2014

Clearinghouse
62

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)

Sept. 22, 2014

Sept. 22, 2014

PACER

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)

Sept. 22, 2014

Sept. 22, 2014

PACER
63

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)

Sept. 23, 2014

Sept. 23, 2014

PACER
64

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)

Sept. 24, 2014

Sept. 24, 2014

PACER
65

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)

Oct. 8, 2014

Oct. 8, 2014

PACER
66

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)

Oct. 10, 2014

Oct. 10, 2014

PACER

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

Aug. 21, 2015

Aug. 21, 2015

PACER
67

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)

Aug. 21, 2015

Aug. 21, 2015

PACER
68

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)

Feb. 9, 2016

Feb. 9, 2016

PACER
69

(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)

Feb. 16, 2016

Feb. 16, 2016

PACER
70

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)

Feb. 16, 2016

Feb. 16, 2016

PACER
71

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)

Feb. 16, 2016

Feb. 16, 2016

PACER
72

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)

March 2, 2016

March 2, 2016

PACER
73

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)

April 15, 2016

April 15, 2016

PACER
74

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)

April 15, 2016

April 15, 2016

PACER
75

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

April 26, 2016

April 26, 2016

PACER
76

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)

April 26, 2016

April 26, 2016

PACER
77

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)

April 26, 2016

April 26, 2016

PACER
78

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)

April 27, 2016

April 27, 2016

PACER
79

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)

June 8, 2016

June 8, 2016

PACER
80

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)

June 8, 2016

June 8, 2016

PACER
81

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)

July 7, 2016

July 7, 2016

PACER
82

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)

July 8, 2016

July 8, 2016

PACER
83

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)

Sept. 9, 2016

Sept. 9, 2016

PACER

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

Sept. 9, 2016

Sept. 9, 2016

PACER
84

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)

Sept. 12, 2016

Sept. 12, 2016

RECAP

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

Administrator (Annapolis, Anne Arundel), State

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 230,000

Content of Injunction:

Preliminary relief denied

Issues

Disability and Disability Rights:

disability, unspecified

Voting:

Election administration

Voter qualifications

Discrimination-basis:

Disability (inc. reasonable accommodations)