Case: American Civil Liberties Union of New Mexico v. Santillanes

American Civil Liberties Union of New Mexico v. Chavez

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT for Declaratory & Injunctive Relief (1 Summons(es) issued) (referred to Magistrate Judge W. D. Schneider) (nc) (Additional attachment(s) added on 7/17/2012: # 1 Civil Cover Sheet) (ah). (Entered: 10/27/2005)

FILING FEE PAID: on 10/27/05 in the amount of $250.00, receipt #: ffee.. (nc)

LETTER re: consent to proceed before a US Magistrate Judge (nc)

Letter to counsel or pro se litigant by Matthew J. Dykman. (ah) (Entered: 07/17/2012)

NOTICE by plaintiff ACLU of refusal to consent to proceed before US Magistrate Judge (vv) (Entered: 11/01/2005)

NOTICE by plaintiff Barbara Grothus of refusal to consent to proceed before US Magistrate Judge (vv) (ah). (Entered: 11/01/2005)

MINUTE ORDER: Case reassigned from Chief Magistrate Judge Garcia to District Judge M. C. Armijo (cc: all counsel)* (dmw) (Entered: 11/02/2005)

FIRST AMENDED COMPLAINT [1-1] by plaintiff terminating defendant Judy Chavez; adding plaintiffs League Women Voters, Sage Council, NM Coalition to End Homelessness, Anne Kass, Alexandra Kazaras & defendant Millie U Santillanes (dmw) (Entered: 01/03/2006)

RETURN OF SERVICE executed upon defendant Millie U Santillanes on 1/4/06 (vv) (ah). (Entered: 01/12/2006)

ATTACHMENT filed by plaintiffs to first amended complaint [5-1] (dmw) (Entered: 01/12/2006)

ANSWER to first amended complaint by defendant [5-1] (dmw) (Entered: 01/19/2006)

INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set on 3/28/06 @ 1:50 pm; provisional discovery plan & IPTR due 3/21/06 (cc: all counsel)* (dmw) (Entered: 02/10/2006)

CERTIFICATE by deft Millie Santillanes of Service of Initial Disclosures to counsel on 02/24/06 (nc) (Entered: 02/24/2006)

CERTIFICATE by pltfs of service of Initial Disclosures to counsel on 03/07/06 (nc) (ah). (Entered: 03/09/2006)

PROVISIONAL DISCOVERY PLAN by the parties (nc) (ah). (Entered: 03/22/2006)

CLERK'S MINUTES: before Magistrate Judge W. D. Schneider Rule 16 scheduling conference held * (ln) (Entered: 04/10/2006)

MOTION and memorandum by deft City of Albuquerque for protective order to preclude the taking of the deposition of councilor Sally Mayer (ln) (Entered: 04/13/2006)

CERTIFICATE by deft Millie U Santillanes of Non-Appearance (nc) (ah). (Entered: 04/14/2006)

UNOPPOSED MOTION by pltf for partial extension of expert witness report deadline until 06/30/06 (ln) (Entered: 04/19/2006)

CERTIFICATE by pltfs of Service of 1st request for documents to counsel on 03/31/06 (nc) (Entered: 04/20/2006)

ORDER by Magistrate Judge W. D. Schneider granting pltfs' motion for partial extension of expert witness report deadline [16-1]; pltfs have until 05/30/06 to serve report of Sanderoff; defts have an additional 30 days until 06/29/06 to respond to report (cc: all counsel) (ln) (Entered: 04/24/2006)

STIPULATION by parties permitting pltfs to file and serve a seconded amended complaint (ln) (Entered: 04/24/2006)

SECOND AMENDED COMPLAINT [5-1], [1-1] by pltfs (ln) (Entered: 04/24/2006)

CERTIFICATE by pltfs of service of 2nd Amended Complaint & Stipulation to counsel on 04/24/06 (nc) (Entered: 04/25/2006)

ANSWER to second amended complaint by deft [20-1] (ln) (Entered: 04/27/2006)

INITIAL PRE-TRIAL REPORT by District Judge M. C. Armijo and Magistrate Judge W. D. Schneider; Discovery set for 7/26/06; mtn filing ddl set for 9/14/06; proposed pretrial order due 1/9/07; pretrial conference set for 9:00 am on 1/2/07; non-jury trial set for 9:00 am on 2/13/07 in Albuquerque, NM Estimated # of Trial Days: 4 or 5 days; Chances of Settlement: counsel do not believe settlement is possible (cc: all counsel) (ln) Modified on 05/02/2006 (Entered: 04/28/2006)

RESPONSE by pltfs to motion for protective order to preclude the taking of the deposition of councilor Sally Mayer [14-1] (jrm) (Entered: 05/01/2006)

CERTIFICATE of service of expert reports by pltfs to counsel on 4/27/06 (jrm) (Entered: 05/01/2006)

CERTIFICATE by deft Millie U Santillanes of Service of responses to 1st requests for production to counsel on 05/01/06 (nc) (Entered: 05/02/2006)

DEMAND for jury trial by deft Santillanes* (ln) Modified on 05/08/2006 (Entered: 05/03/2006)

REPLY by deft to response to motion for protective order to preclude the taking of the deposition of councilor Sally Mayer [14-1]* (ln) (Entered: 05/11/2006)

NOTICE OF COMPLETION of briefing by deft for motion for protective order [14-1]* (ln) (Entered: 05/11/2006)

ORDER by Magistrate Judge W. D. Schneider denying deft City of Albuquerque's motion for protective order to preclude the taking of the deposition of councilor Sally Mayer [14-1] (cc: all counsel)* (ln) (Entered: 05/25/2006)

STIPULATION allowing the parties additional time to complete submission of expert witness reports until 06/30/06 [16-1], as further described herein (ln) (Entered: 05/31/2006)

MOTION by intervenor-defts Perea, Adkins and Stout to intervene (ln) (Entered: 06/13/2006)

MEMORANDUM by intervenor-defendants Perea, Adkins, and Stout in support of motion to intervene [32-1] (ln) (Entered: 06/13/2006)

MOTION by amicus American Center for Voting Rights Legislative Fund for leave to file Amicus Curiae briefing (ln) (Entered: 06/13/2006)

NOTICE by counsel for defendant of non-availability from 8/22-9/9/06 (dmw) (Entered: 06/29/2006)

RESPONSE by plaintiffs in opposition to motion to intervene by Perea, Adkins & Stout [32-1] (dmw) (Entered: 06/30/2006)

MOTION by defendant to extend discovery & motions deadlines (dmw) Modified on 07/03/2006 (Entered: 07/03/2006)

MOTION by intervenor-defendants for expedited consideration of motion to intervene (dmw) (Additional attachment(s) added on 7/18/2012: # 1 Completed copy missing page 2 included) (ah). (Entered: 07/05/2006)

ORDER by Magistrate Judge W. D. Schneider granting deft's motion to extend discovery & motions deadlines [37-1] Discovery cutoff 8/15/06 (cc: all counsel) (dmw) (Entered: 07/07/2006)

REPLY by deft to mtn to intervene [32-1] (jm) (Entered: 07/11/2006)

RESPONSE by plaintiffs in opposition to motion for expedited consideration of motion to intervene [38-1] (dmw) (Additional attachment(s) added on 7/18/2012: # 1 Completed copy missing page 2 included) (ah). (Entered: 07/11/2006)

MEMORANDUM, OPINION, AND ORDER: by District Judge M. C. Armijo denying motion to intervene [32-1] by Vickie S Dwight Adkins, Glen Stout; granting ACVR's motion for leave to file Amicus Curiae briefing [34-1]; denying motion for expedited consideration of motion to intervene [38-1] by Vickie S Perea, Dwight Adkins, Glen Stout (cc: all counsel*) (ln)

MOTION by deft Millie Santillanes for Daubert hearing, to strike pltf's expert witnesses, and for extension of time to submit expert report (ln) (Entered: 07/13/2006)

MEMORANDUM by deft Millie Santillanes in support of motion for Daubert hearing [43-1], to strike pltf's expert witnesses [43-2] and for extension of time to submit expert report [43-3]* (ln) (Entered: 07/13/2006)

NOTICE by deft Millie U. Santillanes of filing expert report of Dr. Jonathan Katz (ln) (Entered: 07/21/2006)

MOTION by pltfs for extension of time to respond to deft's Daubert motion until 08/07/06 [43-1] (ln) Modified on 07/25/2006 (Entered: 07/25/2006)

ORDER by District Judge M. C. Armijo granting pltf's motion for extension of time to respond to deft's Daubert motion until 08/07/06 [43-1] [46-1] (cc: all counsel*) (ln) (Entered: 07/27/2006)

RESPONSE by pltfs to deft's motion for Daubert hearing [43-1] (ln) (Additional attachment(s) added on 7/17/2012: # 1 Exhibit A-C) (ah). (Entered: 08/07/2006)

MOTION by pltf American Civil Liberties Union of New Mexico for protective order re: deft's deposition of Peter Simonson (ln) Modified on 08/16/2006 (Entered: 08/14/2006)

MEMORANDUM by pltf American Civil Liberties Union of New Mexico in support of motion for protective order [49-1] (ln) (Entered: 08/14/2006)

NOTICE by pltfs of withdrawal of pltfs' expert witnesses and mootness of deft's Daubert motion (ln) (Entered: 08/17/2006)

NOTICE by pltf American Civil Liberties Union of New Mexico withdraws their motion for protective order and memorandum in support [49-1], [50-1]* (ln) (Entered: 08/29/2006)

STIPULATED DISMISSAL of pltf American Civil Liberties Union of New Mexico* (ln) (Entered: 08/29/2006)

LIMITED ENTRY OF APPEARANCE for amicus Brennan Center for Justice by attorney John W. Boyd and Martha E Mulvany* (ln) (Entered: 08/31/2006)

MOTION by amicus Brennan Center for Justice at NYU School of Law for attorneys Rosdeitcher, Skaggs, Weiser and Levitt to appear pro hac vice * (ln) (Entered: 08/31/2006)

UNOPPOSED MOTION by amicus Brennan Center for to file amicus brief * (ln) (Entered: 08/31/2006)

ORDER by District Judge M. C. Armijo granting Brennan Center for Justice at NYU School of Law's motion to file amicus brief [56-1] (cc: all counsel*) (ln) (Entered: 09/07/2006)

UNOPPOSED MOTION by deft for order to exceed page limit of 20 pages for its exhibits to its brief in support of motion for summary judgment (ln) (Entered: 09/07/2006)

JOINT MOTION for order to exceed the page limit for pltfs' and deft's motions for summary judgment and supporting briefs (ln) (Entered: 09/07/2006)

ORDER by District Judge M. C. Armijo granting amicus attorney's motion for attorneys Rosdeitcher, Skaggs, Weiser and Levitt to appear pro hac vice [55-1] (cc: all counsel) (ln) (Entered: 09/07/2006)

ORDER by District Judge M. C. Armijo granting joint motion to exceed the page limit [59-1] granting deft's motion to exceed page limit [58-1] (cc: all counsel*) (ln) Modified on 09/25/2006 (Entered: 09/12/2006)

UNOPPOSED MOTION by pltfs for voluntary dismissal of claims by NM Coalition to End Homelessness and certain counts of pltfs' second amended complaint (ln) (Entered: 09/12/2006)

MOTION by deft for summary judgment (ln) (Entered: 09/13/2006)

MEMORANDUM by deft in support of motion for summary judgment [63-1] (ln) (Additional attachment(s) added on 7/17/2012: # 1 Exhibit A-F, # 2 Exhibit J-L) (ah). (Entered: 09/13/2006)

1 Exhibit A-F

View on PACER

2 Exhibit J-L

View on PACER

ORDER by District Judge M. C. Armijo granting pltfs' unopposed motion for voluntary dismissal of certain counts of pltfs' second amended complaint [62-1]; counts II, III, IV and V are dismissed w/prejudice (cc: all counsel*) (ln) (Entered: 09/14/2006)

MOTION by plaintiffs for summary judgment (dmw) (Entered: 09/14/2006)

MEMORANDUM by plaintiffs in support of motion for summary judgment [65-1] (dmw) (Additional attachment(s) added on 7/17/2012: # 1 Exhibit A-J) (ah). (Entered: 09/14/2006)

UNOPPOSED MOTION by The American Center for Voting Rights for leave to file amicus brief in response to pltf's motion for summary judgment * (ln) (Entered: 09/14/2006)

BRIEF FILED by amicus Brennan Center for Justice at NYU School of Law in support of pltfs' motion for summary judgment [65-1]* (dmw) (Entered: 09/14/2006)

MEMORANDUM by pltfs in support of motion for summary judgment [65-1] (ln) (Additional attachment(s) added on 7/17/2012: # 1 Exhibit A-J) (ah). (Additional attachment(s) added on 7/18/2012: # 2 Attachment) (ah). (Entered: 09/18/2006)

NOTICE OF FILING by pltfs re memorandum in support of pltfs' motion for summary judgment w/tables of contents and authorities (ln) (Entered: 09/18/2006)

STIPULATION of the parties to exceed page limit for responses and replies to motion for summary judgment and to extend the time deadlines for said pleadings (ln) (Entered: 09/26/2006)

ORDER by District Judge M. C. Armijo allowing stipulation of the parties to exceed page limit for responses and replies to motions for summary judgment and to extend the time deadlines for said pleadings [72-1], as further described herein (cc: all counsel) (ln) (Entered: 10/03/2006)

MEMORANDUM IN RESPONSE by pltfs to deft's motion for summary judgment [63-1] (ln) (Additional attachment(s) added on 7/18/2012: # 1 Completed copy missing page 32 included) (ah). (Entered: 10/10/2006)

MEMORANDUM IN RESPONSE by deft Millie Santillanes to pltfs' motion for summary judgment [65-1] (ln) (Entered: 10/11/2006)

BRIEF OF AMICUS CURIAE FILED by American Center for voting rights legislative fund in support of defts' motion for summary judgment [63-1], and in opposition to pltfs' motion for summary judgment [65-1]* (ln) (Entered: 10/11/2006)

RESPONSE by pltfs to Brief of Amicus Curiae American Center for voting rights legislative fund [76-1]* (ln) (Entered: 10/25/2006)

REPLY by pltfs to deft's response to motion for summary judgment [65-1] (ln) (Entered: 10/25/2006)

NOTICE OF COMPLETION OF BRIEFING by pltfs re motion for summary judgment [65-1] (ln) (Entered: 10/25/2006)

REPLY by deft Millie U Santillanes to pltfs' response to memorandum in support of motion for summary judgment [63-1] (ln) (Entered: 10/25/2006)

NOTICE OF COMPLETION OF BRIEFING by deft Millie U Santillanes re motion for summary judgment and memorandum [63-1], [64-1] (ln) (Entered: 10/25/2006)

NOTICE OF ERRATA by pltfs to reply brief [80-1] (ln) (Entered: 10/30/2006)

JOINT MOTION for order to suspend filing of final pretrial order pending ruling on dispositive summary judgment cross-motions (ln) (Entered: 11/21/2006)

ORDER by District Judge M. C. Armijo granting joint motion to suspend filing of final pretrial order pending ruling on dispositive summary judgment cross-motions [83-1] (cc: all counsel) (ln) (Entered: 11/22/2006)

ORDER by District Judge M. C. Armijo Pretrial conference is vacated and reset for 02/06/07 at 9:00 am; Call of the Calendar is vacated and reset for 03/08/07 at 9:00 am; Bench Trial is vacated and reset for 03/13/07 at 9:00 am as further described herein (cc: all counsel*) (ln) (Entered: 12/20/2006)

NOTICE re Indiana Democratic Party v. Rokita by Millie U Santillanes to the Court (Forney, Paula) Modified re docket text on 1/22/2007 (ln). (Entered: 01/19/2007)

NOTICE by District Judge M. Christina Armijo that pretrial conference set for Tuesday, February 6, 2007, at 9:00 a.m. is hereby VACATED and will be reset at a later date. THIS IS A TEXT ONLY ENTRY. THERE IS NO DOCUMENT ATTACHED. (AL) (Entered: 02/01/2007)

MEMORANDUM OPINION AND ORDER by District Judge M. Christina Armijo granting in part and denying in part 63 Defendant's Motion for Summary Judgment; granting in part and denying in part 65 Plaintiff's Motion for Summary Judgment; declari ng unconstitutional and enjoining enforcement of Art. XIII, Sec. 14 of the Albuquerque City Charter; directing the Clerk of Court to place Ex. G, H, I to Defendant's memorandum 64 under seal; and directing parties to file supplemental briefs by 2/26/07(AL)

BRIEF Plaintiffs' Statement of Position Regarding the Court's Equitable Jurisdiction to Resolve the Parties Disagreement Concerning Application of the New Mexico State Election and Municipal Election Codes by The League of Women Voters of Albuquerque/Bernalillo County, Inc.. (Bach, George) Modified docket text on 2/27/2007 (ln). (Entered: 02/26/2007)

MEMORANDUM in Opposition to Court's Memorandum Opinion & Order filed by Millie U Santillanes. (Forney, Paula) (Entered: 02/26/2007)

MEMORANDUM OPINION AND ORDER by District Judge M. Christina Armijo vacating calendar call scheduled for 3/8/2007, vacating bench trial scheduled for 3/13/2007, and determining that further declaratory or injunctive relief addressed in parties supplemental briefs [66, 67] is unnecessary at this time (AL)

FINAL ORDER by District Judge M. Christina Armijo pursuant to Rule 58 and [88, 91] Memorandum Opinion and Order granting summary judgment in Deft.'s favor on Pl.'s First Amendment claim, granting summary judgment in Pl.'s favor on Pl.'s equal protection claim, declaring Art. XIII, Sec. 14 of Albuquerque City Charter unconstitutional, and granting PERMANENT INJUNCTION against enforcement of Art. XIII, Sec. 14 of Albuquerque City Charter in future municipal elections. (AL) (Entered: 03/06/2007)

NOTICE of Appearance by Philip B. Davis on behalf of all plaintiffs (Davis, Philip) (Entered: 03/07/2007)

Unopposed MOTION for Extension of Time to File Motions for Attorneys' Fees and Expenses and to Tax Costs Pending Appeal by American Civil Liberties Union of New Mexico. (Davis, Philip) (Entered: 03/07/2007)

NOTICE OF APPEAL as to 91 Terminate Hearings,, Terminate Trial Management Order Deadlines,, Memorandum Opinion and Order, 88 Order on Motion for Summary Judgment,,,,, 92 Order,, Permanent Injunction, by Millie U Santillanes. Filing fee $ 455. (Attachments: # 1 # 2 # 3)(Forney, Paula) (Entered: 03/07/2007)

LETTER transmitting preliminary record on appeal to USCA re 95 Notice of Appeal (pg) (Entered: 03/08/2007)

ORDER by Judge M. Christina Armijo granting 94 pltf's Motion for Extension of Time to File their motions for attorneys' fees, expenses and to tax costs is stayed until 30 days after the date the mandate from the appellate court is returned to this Court. (jes) Modified on 3/13/2007; correct text (pr). (Entered: 03/12/2007)