Case: VAYLA New Orleans v. Schedler

3:16-cv-00305 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 4, 2016

Closed Date: June 13, 2016

Clearinghouse coding complete

Case Summary

This is a case about Louisiana's voter registration law that required naturalized U.S. citizens, but not native-born citizens, to provide documentary proof of citizenship in order to register to vote. Section 18:105(B) dated back to 1874 and was the last law of its type still enforced in the United States. On May 4, 2016, the Southern Poverty Law Center and the Fair Elections Legal Network filed suit on behalf of VAYLA New Orleans, three naturalized citizens, and a proposed class of other natur…

This is a case about Louisiana's voter registration law that required naturalized U.S. citizens, but not native-born citizens, to provide documentary proof of citizenship in order to register to vote. Section 18:105(B) dated back to 1874 and was the last law of its type still enforced in the United States. On May 4, 2016, the Southern Poverty Law Center and the Fair Elections Legal Network filed suit on behalf of VAYLA New Orleans, three naturalized citizens, and a proposed class of other naturalized citizens against the Louisiana Secretary of State and Louisiana Commissioner of Elections in the U.S. District Court for the Middle District of Louisiana. Defendants were responsible for administering the state's voter registration laws. Plaintiffs alleged that Louisiana's law violated the Equal Protection Clause of the Fourteenth Amendment and Title III of the Civil Rights Act of 1964 and was preempted by the Elections Clause of the Constitution and the National Voter Registration Act of 1994. Due to the upcoming 2016 general election, plaintiffs also filed, on May 4, 2016, a motion for a preliminary injunction seeking to enjoin enforcement of the law. The case was assigned to Judge Brian Anthony Jackson.

Plaintiff VAYLA is a non-profit organization that registers voters in New Orleans. Due to the Louisiana law's creation of an additional documentary burden, VAYLA had to spend additional money and time to ensure naturalized voters were successfully registered. The naturalized citizen plaintiffs were unable to register to vote despite numerous attempts.

On June 7, 2016, before the defendants answered the complaint, the plaintiffs filed a notice of voluntary dismissal after Louisiana Governor John Bel Edwards repealed the law, effectively resolving the lawsuit. The case is now closed. 

Summary Authors

Anna Lennon (9/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4271346/parties/vayla-new-orleans-v-schedler/


Judge(s)

Jackson, Brian Anthony (Louisiana)

Attorney for Plaintiff

Baker, Brittnie R. (Louisiana)

Godchaux, Sara Helene (Louisiana)

Attorney for Defendant

Andrews, Emily (Louisiana)

Jones, Carey Thompson (Louisiana)

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Documents in the Clearinghouse

Document
1

3:16-cv-00305

Complaint for Declaratory and Injunctive Relief

May 4, 2016

May 4, 2016

Complaint
26

3:16-cv-00305

Notice of Voluntary Dismissal

June 7, 2016

June 7, 2016

Notice Letter

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4271346/vayla-new-orleans-v-schedler/

Last updated March 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 053N-1401086.), filed by VAYLA New Orleans, Norma Flores, Floridalma Mansilla, Thanh Mai. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons, # 3 Attachment Summons, # 4 Attachment Summons, # 5 Attachment Summons)(Godchaux, Sara) Modified to edit text on 5/4/2016 (BLR). (Entered: 05/04/2016)

1 Attachment Civil Cover Sheet

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2 Attachment Summons

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3 Attachment Summons

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4 Attachment Summons

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5 Attachment Summons

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May 4, 2016

May 4, 2016

Clearinghouse
2

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex. 1 Decl. of T. Mai, # 3 Exhibit Ex. 2 Decl. of N. Flores, # 4 Exhibit Ex. 3 Decl. of F. Mansilla, # 5 Exhibit Ex. 4 Decl. of M. Nguyen, # 6 Exhibit Ex. 5 Decl. of J. Tran, # 7 Exhibit Ex. 6 Decl. of C. Hernandez, # 8 Exhibit Ex. 7 Decl. of L. Sivakova, # 9 Exhibit Ex. 8 Decl. of I. Salinas, # 10 Exhibit Ex. 9 Decl. of D. Parker, # 11 Exhibit Ex. 10 Decl. of A. Rickel, # 12 Exhibit Ex. 11 Decl. of L. Samuel, # 13 Exhibit Ex. 12 Decl. of S. Godchaux, # 14 Exhibit Ex. 13 Decl. of J. Sherman)(Godchaux, Sara) (Entered: 05/04/2016)

1 Memorandum in Support

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2 Exhibit Ex. 1 Decl. of T. Mai

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3 Exhibit Ex. 2 Decl. of N. Flores

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4 Exhibit Ex. 3 Decl. of F. Mansilla

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5 Exhibit Ex. 4 Decl. of M. Nguyen

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6 Exhibit Ex. 5 Decl. of J. Tran

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7 Exhibit Ex. 6 Decl. of C. Hernandez

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8 Exhibit Ex. 7 Decl. of L. Sivakova

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9 Exhibit Ex. 8 Decl. of I. Salinas

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10 Exhibit Ex. 9 Decl. of D. Parker

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11 Exhibit Ex. 10 Decl. of A. Rickel

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12 Exhibit Ex. 11 Decl. of L. Samuel

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13 Exhibit Ex. 12 Decl. of S. Godchaux

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14 Exhibit Ex. 13 Decl. of J. Sherman

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May 4, 2016

May 4, 2016

PACER
3

MOTION for Naomi Tsu to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1402126) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of N. Tsu in Support of Motion to Appear Pro Hac Vice, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
4

MOTION for Jon Sherman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1402144) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of J. Sherman in Support of Motion to Appear Pro Hac Vice, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
5

MOTION for Brittnie Baker to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1402148) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of B. Baker in Support of Motion to Appear Pro Hac Vice, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
6

Summons Issued as to Angie Rogers, Tom Schedler. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BLR) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
7

ORDER granting 3 Motion for Naomi Tsu to Appear Pro Hac Vice as counsel for Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/6/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
8

SUMMONS Returned Executed by VAYLA New Orleans, Norma Flores, Floridalma Mansilla, Thanh Mai. All Defendants. (Godchaux, Sara) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
9

MOTION to Enroll Meredith B. Stewart as Attorney by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
10

ORDER granting 4 Motion for Jon Sherman to Appear Pro Hac Vice; granting 5 Motion for Brittnie Baker to Appear Pro Hac Vice as additional counsel for Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/11/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
11

ORDER granting 9 Motion to Enroll as Attorney. Added attorney Meredith Blake Stewart as additional counsel for Norma Flores, Thanh Mai, Floridalma Mansilla and VAYLA New Orleans. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/11/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
12

Notice to Counsel: Telephone Conference set for 5/19/2016 at 04:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. Counsel for the Plaintiff shall be prepared to discuss the status of service upon the Defendants. Counsel for the Plaintiff shall initiate the telephone call to chambers. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(PJH) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
13

Ex Parte MOTION to Withdraw Motion for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
14

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion for Preliminary Injunction, # 2 Exhibit Ex. 1 - Decl. of T. Mai, # 3 Exhibit Ex. 2 - Decl. of N. Flores, # 4 Exhibit Ex. 3 - Decl. of F. Mansilla, # 5 Exhibit Ex. 4 - Decl. of M. Nguyen, # 6 Exhibit Ex. 5 - Decl. of J. Tran, # 7 Exhibit Ex. 6 - Decl. of C. Hernandez, # 8 Exhibit Ex. 7 - Decl. of L. Sivakova, # 9 Exhibit Ex. 8 - Decl. of I. Salinas, # 10 Exhibit Ex. 9 - Decl. of D. Parker, # 11 Exhibit Ex. 10 - Decl. of A. Rickel, # 12 Exhibit Ex. 11 - Decl. of L. Samuel, # 13 Exhibit Ex. 12 - Decl. of S. Godchaux, # 14 Exhibit Ex. 13 - Decl. of J. Sherman, # 15 Exhibit Ex. 14 - Decl. of J. Yanez)(Godchaux, Sara) Modified on 5/24/2016 (PJH). (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
15

ORDER granting 13 Ex Parte Motion to Withdraw 2 Motion for Preliminary Injunction. Signed by Chief Judge Brian A. Jackson on 5/18/2016. (LLH) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
16

MOTION for Extension of Time to File Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wale, Jeffrey) Modified on 5/19/2016 to edit text (LLH). (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
17

Plaintiffs' Objection to Extension of Time to Plead by Norma Flores, Thanh Mai, Floridalma Mansilla, VAYLA New Orleans (Attachments: # 1 Exhibit Ex. A - Email from R. Barnes, # 2 Exhibit Ex. B - Reply Email to R. Barnes)(Godchaux, Sara) Modified on 5/19/2016 to edit text (LLH). (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
18

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 5/19/2016. Matter discussed. Parties agree that all Defendants have been served. Evidentiary Hearing on the Motion for Preliminary Injunction filed by Plaintiffs is set for 5/23/2016 at 10:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Counsel who have not formally enrolled in this matter shall do so prior to the Evidentiary Hearing. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 05/20/2016)

May 19, 2016

May 19, 2016

PACER
19

CORRECTED Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 5/19/2016. Matter discussed. Parties agree that all Defendants have been served. Hearing on the 16 MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS filed by Defendants is set for 5/23/2016 at 10:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Counsel who have not formally enrolled in this matter shall do so prior to the hearing. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 05/20/2016)

May 19, 2016

May 19, 2016

PACER
20

ORDER: Counsel for the Plaintiffs having advised the Court via telephone that the Parties have reached a stipulation regarding the Defendants' Motion for Extension of Time to File Responsive Pleadings; therefore, the hearing scheduled for Monday, May 23, 2016 is cancelled. Counsel for the Plaintiffs shall file the Stipulation into the record as soon as possible. Signed by Chief Judge Brian A. Jackson on 5/20/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(PJH) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
21

Joint STIPULATION Regarding Motion for Extension of Time To File Responsive Pleadings by Norma Flores, Thanh Mai, Floridalma Mansilla, VAYLA New Orleans. (Attachments: # 1 Attachment Proposed Order)(Godchaux, Sara) Modified on 5/23/2016 to edit event (LLH). (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
22

MOTION to Withdraw Objection to Extension of Time to Plead by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Godchaux, Sara) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
23

MOTION to Enroll Emily Andrews and Carey T. Jones as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Wale, Jeffrey) Modified on 5/20/2016 to edit text (LLH). (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
24

ORDER: The 16 Motion for Extension of Time to File Responsive Pleadings is DENIED AS MOOT. The 21 Motion for Extension of Time to File Response is GRANTED. Defendants shall have until 6/13/2016 to file a Response to 14 MOTION for Preliminary Injunction. The 22 Motion to Withdraw 17 OBJECTION to Extension of Time to Plead is GRANTED. The 23 Motion to Enroll Counsel is GRANTED. Carey Thompson Jones,Emily Andrews are enrolled for Defendants. Signed by Chief Judge Brian A. Jackson on 5/24/2016. (LLH) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
25

MOTION to Dismiss by All Defendants. (Attachments: # 1 Exhibit Enrolled HB 890, # 2 Memorandum in Support, # 3 Proposed Pleading; Proposed Order)(Jones, Carey) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
26

NOTICE of Voluntary Dismissal by Norma Flores, Thanh Mai, Floridalma Mansilla, VAYLA New Orleans (Tsu, Naomi) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

RECAP
27

Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss AND Order on Motion to Dismiss

June 13, 2016

June 13, 2016

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 4, 2016

Closing Date: June 13, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Naturalized citizens seeking to register to vote in Louisiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Louisiana, Louisiana Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voting: General & Misc.

Voter registration rules

Discrimination-basis:

National origin discrimination