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Case: Casey v. Gardner

1:19-cv-00149 | U.S. District Court for the District of New Hampshire

Filed Date: Feb. 13, 2019

Closed Date: May 22, 2020

Clearinghouse coding complete

Case Summary

This is a case about voting rights—particularly those of college students—in New Hampshire. On February 13, 2019, two college students filed this lawsuit in the U.S. District Court for the District of New Hampshire. The plaintiffs sued the state’s Secretary of State and Attorney General, alleging violations of the First, Fourteenth, Twenty-Fourth, and Twenty-Sixth Amendments. Represented by the ACLU of New Hampshire, the plaintiffs sought an injunction prohibiting New Hampshire from implementin…

This is a case about voting rights—particularly those of college students—in New Hampshire. On February 13, 2019, two college students filed this lawsuit in the U.S. District Court for the District of New Hampshire. The plaintiffs sued the state’s Secretary of State and Attorney General, alleging violations of the First, Fourteenth, Twenty-Fourth, and Twenty-Sixth Amendments. Represented by the ACLU of New Hampshire, the plaintiffs sought an injunction prohibiting New Hampshire from implementing HB 1264, the state’s recently passed legislation that updated the statutory definition of “resident.”  HB 1264 altered the statutory scheme such that college students who registered to vote would qualify as “residents,” which would have forced them to domesticate their out-of-state drivers’ licenses and car registrations and thus incur significant administrative fees. The plaintiffs alleged that this new statutory provision had the purpose and effect of abridging the right of college students in New Hampshire to vote and constituted an illegal poll tax. The case was assigned to Judge Joseph N. Laplante.

On May 1, 2019, this case was consolidated with a similar case filed by the New Hampshire Democratic Party, with proceedings continuing together in this case.  On May 9, 2019, the defendants filed a motion to dismiss for failure to state a claim and lack of standing. On August 29, 2019, the court denied the motion. The college students had driver's licenses and, although the students did not allege that they owned cars, the court found that it was reasonable to assume that they may have had access to cars belonging to friends, family, or commercial car-sharing services. Entitled to all reasonable inferences at this stage of the litigation, the plaintiffs thus succeeded in establishing injury-in-fact and the larger issue of standing. The court held that all of the plaintiffs had established standing to sue the New Hampshire Secretary of State because there was an adequate causal relationship between the plaintiffs’ injuries and the Secretary of State. The court also found that the magnitude of the burdens on voting created by, and the strength of the government’s interest in passing, HB 1264 were open questions to be determined at trial.

On October 30 and 31, 2019, the individual plaintiffs and the New Hampshire Democratic Party, respectively, filed amended complaints. In their original complaints, the plaintiffs assumed that the residency provision actually achieved its purportedly discriminatory goal. In their amended complaints, the plaintiffs maintained this core allegation. However, the plaintiffs also argued in the alternative that, properly read, the provision did not classify registered students as “residents.”  The plaintiffs argued that, under RSA 259:88, a provision of the State’s Motor Vehicle Code, “no person shall be deemed to be a resident who claims residence in any other state for any purpose.” This exception was argued to mean that out-of-state college students should not have counted as residents under the code and thus did not need to domesticate their licenses or car registrations. The plaintiffs similarly sought declaratory relief in support of their interpretation of the interaction between different provisions of the State’s Motor Vehicle Code. The amended complaints differed only in their descriptions of the plaintiffs.  

On November 6, 2019, the plaintiffs filed a motion for a preliminary injunction. Specifically, the plaintiffs argued that confusion created by the new statutory framework—and whether college students who registered to vote would need to domesticate their licenses and registrations— warranted a preliminary injunction. The court noted that state officials had since provided guidance  that registering to vote established residency and required the domestication of out-of-state documentation, which, in the court’s view, eliminated concerns about confusion. Because voter confusion was the sole basis upon which the plaintiffs sought a preliminary injunction, the court denied the motion. 

On November 27, 2019, the court certified questions of state law to the New Hampshire Supreme Court, noting that there was no controlling precedent. These questions related to the meaning of “domicile,” “resident,” and “residence” in state statutes. 2019 WL 6352476. On May 22, 2020, the New Hampshire Supreme Court issued its opinion regarding the certified questions. Most importantly, the New Hampshire Supreme Court court explained that out-of-state college students who lived in New Hampshire for more than six months of the year needed to register their cars in New Hampshire and then obtain New Hampshire driver’s’ licenses. 239 A.3d 1019. This interpretation removed most of the special burden of HB 1264 because out-of-state students who desired to drive in New Hampshire would need to domesticate their out-of-state documents irrespective of whether they planned to vote. After this order was handed down, the parties jointly stipulated to a dismissal, which the court approved on May 27.

This case is now closed.

Summary Authors

Evan Gamza (2/18/2022)

Documents in the Clearinghouse

Document
1

1:19-cv-00149

Complaint

Feb. 13, 2019

Feb. 13, 2019

Complaint
47

1:19-cv-00149

Memorandum Order

Casey v. NH Secretary of State

Aug. 29, 2019

Aug. 29, 2019

Order/Opinion
68

1:19-cv-00149

Amended Complaint

Oct. 30, 2019

Oct. 30, 2019

Complaint
69

1:19-cv-00149

Amended Complaint

New Hampshire Democratic Party v. Gardner

Oct. 31, 2019

Oct. 31, 2019

Complaint
87

1:19-cv-00149

Memorandum Order on Plaintiff's Request for Preliminary Injunctive Relief

Casey v. NH Secretary of State

Nov. 27, 2019

Nov. 27, 2019

Order/Opinion
86

1:19-cv-00149

Order Certifying Question to the New Hampshire Supreme Court

Nov. 27, 2019

Nov. 27, 2019

Order/Opinion
105

1:19-cv-00149

Opinion

Casey v. New Hampshire Secretary of State

New Hampshire state supreme court

May 22, 2020

May 22, 2020

Order/Opinion
103

1:19-cv-00149

Stipulation of Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)

May 22, 2020

May 22, 2020

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14587004/casey-v-nh-secretary-of-state/

Last updated Sept. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT Filing fee $ 400, receipt number 0102-1771165 filed by Caroline Casey, Maggie Flaherty. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Secretary Gardner, # 3 Summons to Attorney General MacDonald(Klementowicz, Henry) (Entered: 02/13/2019)

1 Civil Cover Sheet

View on PACER

2 Summons to Secretary Gardner

View on PACER

3 Summons to Attorney General MacDonald

View on PACER

Feb. 13, 2019

Feb. 13, 2019

Clearinghouse
2

Summonses issued electronically as to NH Attorney General, NH Secretary of State. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(bt) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
3

NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Caroline Casey, Maggie Flaherty Attorney Gilles R. Bissonnette added to party Caroline Casey(pty:pla), Attorney Gilles R. Bissonnette added to party Maggie Flaherty(pty:pla).(Bissonnette, Gilles) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
4

WAIVER OF SERVICE Returned Executed as to NH Secretary of State by Caroline Casey, Maggie Flaherty. Served/Mailed on 2/13/2019. Answer Follow Up on 4/17/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Klementowicz, Henry) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
5

WAIVER OF SERVICE Returned Executed as to NH Attorney General by Caroline Casey, Maggie Flaherty. Served/Mailed on 2/13/2019. Answer Follow Up on 4/17/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Klementowicz, Henry) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER

Case assigned to Judge Joseph N. Laplante. The case designation is: 1:19-cv-149-JL. Please show this number with the judge designation on all future pleadings. (bt)

Feb. 13, 2019

Feb. 13, 2019

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (bt)

Feb. 13, 2019

Feb. 13, 2019

PACER
6

NOTICE of Attorney Appearance by Seth Michael Zoracki on behalf of NH Attorney General, NH Secretary of State Attorney Seth Michael Zoracki added to party NH Attorney General(pty:dft), Attorney Seth Michael Zoracki added to party NH Secretary of State(pty:dft).(Zoracki, Seth) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
7

NOTICE of Attorney Appearance by Anthony Galdieri (NHAG) on behalf of NH Attorney General, NH Secretary of State Attorney Anthony Galdieri (NHAG) added to party NH Attorney General(pty:dft), Attorney Anthony Galdieri (NHAG) added to party NH Secretary of State(pty:dft).(Galdieri (NHAG), Anthony) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
8

NOTICE of Attorney Appearance by Scott Edward Sakowski on behalf of NH Attorney General, NH Secretary of State Attorney Scott Edward Sakowski added to party NH Attorney General(pty:dft), Attorney Scott Edward Sakowski added to party NH Secretary of State(pty:dft).(Sakowski, Scott) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
9

Assented to MOTION for Julie A. Ebenstein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1780170.) filed by Caroline Casey, Maggie Flaherty. (Attachments: # 1 Exhibit (Affidavit) of Julie A. Ebenstein)(Klementowicz, Henry) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
10

Assented to MOTION for Dale E. Ho to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1780178.) filed by Caroline Casey, Maggie Flaherty. (Attachments: # 1 Exhibit (Affidavit) of Dale E. Ho)(Klementowicz, Henry) (Entered: 03/05/2019)

1 Exhibit (Affidavit) of Dale E. Ho

View on PACER

March 5, 2019

March 5, 2019

RECAP
11

MOTION to Intervene filed by Edward Naile. Follow up on Objection on 3/20/2019.(jb) (Entered: 03/08/2019)

March 6, 2019

March 6, 2019

RECAP

Order on Motion to Appear Pro Hac Vice

March 7, 2019

March 7, 2019

PACER

ENDORSED ORDER granting 9 Motion for Julie A. Ebenstein to Appear Pro Hac Vice; granting 10 Motion for Dale E. Ho to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(jb)

March 7, 2019

March 7, 2019

PACER
12

OBJECTION to 11 MOTION to Intervene as plaintiff filed by Caroline Casey, Maggie Flaherty. Follow up on Reply on 3/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Klementowicz, Henry) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
13

Assented to MOTION to Extend Time to Answer to April 29, 2019 filed by NH Attorney General, NH Secretary of State.(Zoracki, Seth) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER

Order on Motion to Extend Time to Answer

March 22, 2019

March 22, 2019

PACER

ENDORSED ORDER granting 13 Motion to Extend Time to Answer to April 29, 2019 re 1 Complaint. Text of Order: Granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 4/29/2019. (jb)

March 22, 2019

March 22, 2019

PACER
14

REPLY to Objection to Motion re 11 MOTION to Intervene as plaintiff filed by Edward Naile. (jb) (Entered: 04/01/2019)

March 29, 2019

March 29, 2019

PACER

ENDORSED ORDER denying 11 Motion to Intervene. Text of Order: Denied. While the motion is styled as a motion to intervene (and the plaintiffs have apparently responded to it as such), its prayer for relief does not request intervention (to which Mr. Naile is not entitled under applicable law). Rather, the prayers for relief (see Docs. ## 11,14) request declaratory relief and dismissal of the case, both of which the court declines to grant under these circumstances in this procedural posture. The court has read with interest, however, Mr. Nailes submissions in the spirit of amicus-style filings. So Ordered by Judge Joseph N. Laplante.(cmp)

April 4, 2019

April 4, 2019

PACER

Order on Motion to Intervene

April 4, 2019

April 4, 2019

PACER
15

Assented to MOTION to Consolidate Cases this case with 19-cv-00201-SM filed by NH Attorney General, NH Secretary of State.(Zoracki, Seth) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
16

Assented to MOTION to Extend Time to Answer to May 9, 2019 filed by NH Attorney General, NH Secretary of State.(Zoracki, Seth) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
17

NOTICE of Attorney Appearance by Samuel R.V. Garland on behalf of NH Attorney General, NH Secretary of State Attorney Samuel R.V. Garland added to party NH Attorney General(pty:dft), Attorney Samuel R.V. Garland added to party NH Secretary of State(pty:dft).(Garland, Samuel) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER

ENDORSED ORDER granting 16 Motion to Extend Time to Answer to May 9, 2019 re 1 Complaint. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 5/9/2019. (jb)

April 24, 2019

April 24, 2019

PACER

Order on Motion to Extend Time to Answer

April 24, 2019

April 24, 2019

PACER
18

NOTICE of Attorney Withdrawal by Scott Edward Sakowski on behalf of NH Attorney General, NH Secretary of State(Sakowski, Scott) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

RECAP

ENDORSED ORDER granting 15 Motion to Consolidate Cases this case with 19-cv-00201-SM. 19-cv-149-JL and 19-cv-201-SM are consolidated into one case. 19-cv-201-SM is statistically closed. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

May 1, 2019

May 1, 2019

PACER

Order on Motion to Consolidate Cases

May 1, 2019

May 1, 2019

PACER
19

Assented to MOTION for leave to submit a memorandum of law in support of motion to dismiss exceeding twenty-five pages filed by NH Attorney General, NH Secretary of State.(Zoracki, Seth) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

RECAP
20

MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Attorney General, NH Secretary of State. Follow up on Objection on 5/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law in Support of Defendants' Motion to Dismiss the Consolidated Complaints)(Zoracki, Seth) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
21

CONSOLIDATION ORDER. 19-cv-149-JL and 19-cv-201-SM are consolidated into one case. 19-cv-201-SM is statistically closed. Parties to file consolidated complaint as outlined within 21 days. Defendants to respond as outlined within 21 days of the filing of the consolidated complaint as to the pending motion to dismiss (doc. no. 20 ) as outlined. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

RECAP

ENDORSED ORDER granting 19 Motion for leave to submit a memorandum of law in support of motion to dismiss exceeding twenty-five pages. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

May 10, 2019

May 10, 2019

PACER

Order on Motion for Miscellaneous Relief

May 10, 2019

May 10, 2019

PACER

NOTICE of Hearing: Telephone Conference set for 5/17/2019 at 11:45 AM before Judge Joseph N. Laplante. The parties have been provided with the call in information.(jb)

May 17, 2019

May 17, 2019

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 5/17/2019. (Pltfs Atty: Gilles R. Bissonnette, William R. Christie, Suzanne Amy Spencer) (Defts Atty: Anthony Galdieri, Seth Michael Zoracki, Samuel R. V. Garland)(Total Hearing Time: 8 minutes) (jb)

May 17, 2019

May 17, 2019

PACER

Hearing Notice

May 17, 2019

May 17, 2019

PACER
22

Assented to MOTION to Extend Time to Object/Respond to 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing to May 30, 2019 filed by Caroline Casey, Maggie Flaherty.(Bissonnette, Gilles) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER

ENDORSED ORDER granting 22 Motion to Extend Time to Object/Respond re 20 Motion to Dismiss for Failure to State a Claim and for Lack of Standing to May 30, 2019. Text of Order: Granted. Further, the court's order of May 10, 2019 (doc. no. 21 ) is vacated to the extent that the filing of a consolidated complaint is no longer ordered. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 5/30/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb)

May 20, 2019

May 20, 2019

PACER

Telephone Conference

May 20, 2019

May 20, 2019

PACER

Order on Motion to Extend Time to Object/Respond

May 20, 2019

May 20, 2019

PACER
23

Assented to MOTION to Exceed page limit filed by Caroline Casey, Maggie Flaherty.(Klementowicz, Henry) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
24

MEMORANDUM in Opposition re 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Caroline Casey, Maggie Flaherty. Follow up on Reply on 6/6/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Klementowicz, Henry) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
25

OBJECTION to 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Democratic Party. Follow up on Reply on 6/6/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Christie, William) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER

ENDORSED ORDER granting 23 Motion to Exceed page limit. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

May 30, 2019

May 30, 2019

PACER
26

Assented to MOTION to Extend Time to Reply filed by NH Attorney General, NH Secretary of State.(Zoracki, Seth) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER

ENDORSED ORDER granting 26 Motion to Extend Time to Reply. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 6/11/2019. (jb)

May 31, 2019

May 31, 2019

PACER

Order on Motion to Exceed

May 31, 2019

May 31, 2019

PACER

Order on Motion to Extend Time

May 31, 2019

May 31, 2019

PACER

HEARING NOTICE re: 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing. Motion Hearing set for 7/25/2019 at 10:00 AM before Judge Joseph N. Laplante.(jb)

June 3, 2019

June 3, 2019

PACER

Motion Hearing

June 3, 2019

June 3, 2019

PACER
27

NOTICE of Attorney Appearance by Suzanne Amy Spencer on behalf of NH Democratic Party Attorney Suzanne Amy Spencer added to party NH Democratic Party(pty:conpla).(Spencer, Suzanne) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
28

Assented to MOTION to Continue July 25, 2019 Hearing filed by Caroline Casey, Maggie Flaherty. Follow up on Objection on 6/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Klementowicz, Henry) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

RECAP
29

Re-filed see doc. no. 31 - MEMORANDUM in Support re 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Attorney General, NH Secretary of State. (Galdieri (NHAG), Anthony) Modified on 6/12/2019 to add re-filed text (jb). (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

RECAP

NOTICE of ECF Filing Error re: 29 Memorandum in Support of Motion filed by NH Attorney General, NH Secretary of State. Filer used wrong event. Filer shall refile using the Reply to Objection to Motion event and enter in docket text: Replaces document no. 29. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 6/13/2019.(jb)

June 11, 2019

June 11, 2019

PACER

Order on Motion to Continue

June 11, 2019

June 11, 2019

PACER

ECF - Filing Error - Action Required

June 11, 2019

June 11, 2019

PACER

ENDORSED ORDER granting 28 Motion to ContinueContinue July 25, 2019 Hearing. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Motion Hearing re: 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing reset for 7/30/2019 at 10:00 AM before Judge Joseph N. Laplante.(jb)

June 11, 2019

June 11, 2019

PACER
30

Re-filed see doc. no. 31 - RESPONSE to Motion re 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Attorney General, NH Secretary of State. (Galdieri (NHAG), Anthony) Modified on 6/12/2019 to add re-filed text. (jb). (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
31

REPLY to Objection to Motion re 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Attorney General, NH Secretary of State. Surreply due by 6/17/2019. (Galdieri (NHAG), Anthony) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
32

Assented to MOTION to Extend Time to Object/Respond to 31 Reply to Objection to Motion to 6/19/2019 filed by Caroline Casey, Maggie Flaherty.(Klementowicz, Henry) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER

ENDORSED ORDER granting 32 Motion to Extend Time to Object/Respond to 20 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Surreply due by 6/19/2019.(jb)

June 15, 2019

June 15, 2019

PACER

Order on Motion to Extend Time to Object/Respond

June 17, 2019

June 17, 2019

PACER
33

SURREPLY to Reply to 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by NH Democratic Party. (Christie, William) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
34

SURREPLY to Reply to 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing filed by Caroline Casey, Maggie Flaherty. (Klementowicz, Henry) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER

Order

July 12, 2019

July 12, 2019

PACER

ACTIVE CONSIDERATION ORDER re pending motion to dismiss. The court has undertaken active consideration of the pending motion to dismiss. If there is any reason that the court should not actively consider the case at this time (such as an imminent settlement, resolution of the issues in question, or planned, potentially successful mediation), counsel are requested to notify the Deputy Clerk immediately, or at the earliest practicable opportunity. So Ordered by Judge Joseph N. Laplante.(jb)

July 12, 2019

July 12, 2019

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 7/30/2019 re 20 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing. Motion to dismiss denied. Written order to follow. (Court Reporter: Sharon Saalfield) (Pltfs Atty: Henry Klementowicz, Gilles R. Bissonnette, Julie A. Ebenstein, Suzanne Amy Spencer) (Defts Atty: Anthony Galdieri, Samuel R.V. Garland, Scott Edward Sakowski)(Total Hearing Time: 1 hour, 47 minutes) (jb)

July 30, 2019

July 30, 2019

PACER

NOTICE OF PRETRIAL CONFERENCE. Answer due August 9, 2019. Pretrial Conference set for 8/13/2019 at 02:30 PM before Judge Joseph N. Laplante. Follow up on Discovery Plan 8/6/2019. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(jb)

July 30, 2019

July 30, 2019

PACER

Pretrial Conference

July 30, 2019

July 30, 2019

PACER

Motion Hearing

July 30, 2019

July 30, 2019

PACER
35

Proposed Discovery Plan (Joint) filed by Caroline Casey, Maggie Flaherty. (Klementowicz, Henry) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

RECAP
36

PROCEDURAL ORDER re Preliminary Pretrial Conference scheduled for August 13, 2019 at 2:30 p.m. before Judge Joseph N. Laplante. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

RECAP
37

MOTION to Intervene in civil rights case filed by Daniel Richard. Follow up on Objection on 8/21/2019. (Attachments: # 1 Request to be heard)(jb) (Entered: 08/07/2019)

1 Request to be heard

View on RECAP

Aug. 7, 2019

Aug. 7, 2019

RECAP
38

N.H. Attorney General's ANSWER to 1 Complaint - New Case, filed by NH Attorney General.(Garland, Samuel) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
39

Replace by doc. no. 42 - N.H. Secretary of State's ANSWER to 1 Complaint - New Case, filed by NH Attorney General.(Garland, Samuel) Modified on 8/12/2019 to add replaced text (jb). (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
40

N.H. Secretary of State's ANSWER to 1 Complaint - New Case, filed by NH Secretary of State.(Garland, Samuel) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
41

N.H. Attorney General's ANSWER to 1 Complaint - New Case, filed by NH Attorney General.(Garland, Samuel) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

RECAP
42

N.H. Secretary of State's CORRECTED ANSWER to 1 Complaint - New Case, *** replaces Doc. #39 *** filed by NH Secretary of State.(Garland, Samuel) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

RECAP

Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE held on 8/13/2019. Parties to file new proposed discovery plan/litigation schedule as stated on the record. (Pltfs Atty: Henry Klementowicz, Gilles R. Bissonnette, William E. Christie, Suzanne Amy Spencer) (Defts Atty: Seth Michael Zoracki, Anthony Galdieri, Samuel R.V. Garland)(Total Hearing Time: 56 minutes) (jb) Modified on 8/14/2019 to remove order to issue and add new schedule text (jb).

Aug. 13, 2019

Aug. 13, 2019

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE held on 8/13/2019. Order to issue. (Pltfs Atty: Henry Klementowicz, Gilles R. Bissonnette, William E. Christie, Suzanne Amy Spencer) (Defts Atty: Seth Michael Zoracki, Anthony Galdieri, Samuel R.V. Garland)(Total Hearing Time: 56 minutes) (jb)

Aug. 14, 2019

Aug. 14, 2019

PACER

Pretrial Conference

Aug. 14, 2019

Aug. 14, 2019

PACER
43

OBJECTION to 37 MOTION to Intervene With Incorporated Memorandum of Law filed by Caroline Casey, Maggie Flaherty. Follow up on Reply on 8/28/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Klementowicz, Henry) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

RECAP
44

OBJECTION to 37 MOTION to Intervene filed by NH Democratic Party. Follow up on Reply on 8/28/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Christie, William) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
45

OBJECTION to 37 MOTION to Intervene filed by NH Attorney General, NH Secretary of State. Follow up on Reply on 8/28/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Garland, Samuel) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
46

Proposed Discovery Plan Second Joint filed by Caroline Casey, Maggie Flaherty. (Klementowicz, Henry) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

RECAP

Trial Notice

Aug. 28, 2019

Aug. 28, 2019

PACER

TRIAL NOTICE: Bench Trial set for the two-week period beginning 1/6/2020 at 09:00 AM before Judge Joseph N. Laplante. Final Pretrial Conference set for 12/20/2019 at 02:00 PM before Judge Joseph N. Laplante. (jb)

Aug. 28, 2019

Aug. 28, 2019

PACER

ENDORSED ORDER approving 46 Proposed Discovery Plan Second Joint. Length of Trial 5 days. Case Track: Expedited. Text of Order: Approved with the following changes: Challenges (if any) to admissibility of expert testimony shall be filed 30 days before trial. Objections within 7 days of motion. No replies or surreplies without leave. So Ordered by Judge Joseph N. Laplante. Discovery deadline 12/30/2019. Mid-litigation Discovery Status Conference set for 12/20/2019 at 02:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 12/18/2019. Amendment of Pleadings set for 10/15/2019. Post-trial memoranda due by 01/17/2020. (jb)

Aug. 28, 2019

Aug. 28, 2019

PACER

Order on Discovery Plan

Aug. 28, 2019

Aug. 28, 2019

PACER
47

ORDER denying 20 Motion to Dismiss for Failure to State a Claim and for Lack of Standing. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

Clearinghouse
48

REPLY/Answer to Objections to 37 Motion to Intervene (Injunctive Relief Requested) filed by Daniel Richard. Surreply due by 9/9/2019. (Attachments: # 1 Exhibits)(jb) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
49

NOTICE of Attorney Appearance by Bryan K. Gould on behalf of NH Attorney General, NH Secretary of State Attorney Bryan K. Gould added to party NH Attorney General(pty:condft), Attorney Bryan K. Gould added to party NH Attorney General(pty:condft), Attorney Bryan K. Gould added to party NH Attorney General(pty:dft), Attorney Bryan K. Gould added to party NH Secretary of State(pty:dft).(Gould, Bryan) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
50

NOTICE of Attorney Appearance by Cooley Ann Arroyo on behalf of NH Attorney General, NH Secretary of State Attorney Cooley Ann Arroyo added to party NH Attorney General(pty:condft), Attorney Cooley Ann Arroyo added to party NH Attorney General(pty:condft), Attorney Cooley Ann Arroyo added to party NH Attorney General(pty:dft), Attorney Cooley Ann Arroyo added to party NH Secretary of State(pty:dft).(Arroyo, Cooley) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
51

ORDER denying 37 Motion to Intervene in civil rights case. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
52

Joint Assented to MOTION for Protective Order filed by NH Attorney General, NH Secretary of State. (Attachments: # 1 Exhibit A-Stipulated Protective Order)(Arroyo, Cooley) (Entered: 09/17/2019)

1 Exhibit A-Stipulated Protective Order

View on PACER

Sept. 17, 2019

Sept. 17, 2019

RECAP
53

PROTECTIVE ORDER re discovery. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 09/18/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER

ENDORSED ORDER granting 52 Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

Sept. 17, 2019

Sept. 17, 2019

PACER

Order on Motion for Protective Order

Sept. 18, 2019

Sept. 18, 2019

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Feb. 13, 2019

Closing Date: May 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) Two New Hampshire college students who planned to vote in the election, and (2) the Democratic Party of New Hampshire

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Hampshire, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: $0

Issues

General:

Disparate Treatment

Drivers Licenses

Voting

Discrimination-basis:

Age discrimination

Voting:

Election administration

Voter registration rules