Texas League of United Latin American Citizens v. Abbott

Texas League of United Latin American Citizens v. Hughs

U. S. Court of Appeals for the Fifth Circuit

Texas League of United Latin American Citizens v. Abbott

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 400 receipt number 0542-14033006). No Summons requested at this time, filed by Laurie-Jo Straty, BigTent Creative, Texas Alliance for Retired Americans. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Attachment 1 replaced and flattened on 10/3/2020) (cj). (Entered: 10/02/2020)

1 Civil Cover Sheet

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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj)

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

Pro Hac Vice Letters mailed to Stephanie Command, Marc E. Elias, Jessica Frenkel, John M. Geise, Gillian Kuhlmann, and Danielle Sivalingam for Plaintiffs re: non-admitted status. (cj) (Entered: 10/03/2020)

REQUEST FOR ISSUANCE OF SUMMONS by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 10/03/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of Marc E. Elias Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14033143) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/03/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of John M. Geise Pro Hac Vice -- ( Filing fee $ 100 receipt number 0542-14033145) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/03/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of Stephanie I. Command Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14033146) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/03/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of Gillian C. Kuhlmann Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14033147) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/03/2020)

Case Assigned/Reassigned

To be Referred to AU Mag Judge

Summons Issued as to Gregory Abbott, Ruth Hughs. (cj) (Entered: 10/05/2020)

MOTION for Temporary Restraining Order and Preliminary Injunction by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/05/2020)

1 Proposed Order

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MOTION for Leave to Exceed Page Limitation on Memorandum of Law In Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Exhibit --Memorandum of Law In Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction--, # 2 Proposed Order)(Howton, Skyler) (Entered: 10/05/2020)

APPENDIX to 9 MOTION for Temporary Restraining Order and Preliminary Injunction by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Ex A-Declaration of S. Howton, # 2 Ex 1-Declaration of J. Bryant, # 3 Ex 2-Declaration of N. Michon, # 4 Ex 3-Declaration of R. Shaw, # 5 Ex 4-Declaration of Dr. J.A. Krosnick, # 6 Ex 5-Declaration of E.S. Shaw, # 7 Ex 6-Declaration of P. Golden, # 8 Ex 7-Declaration of A. Rosas, # 9 Ex 8-Declaration of K. Dearinger, # 10 Ex 9-Census Quick Facts, # 11 Ex 10-TX Politics Project, # 12 Ex 11-Ft Bend County Memo, # 13 Ex 12- Jul 30, 2020 Letter, # 14 Ex 13-Service Performance Measurement, # 15 Ex 14-Congressional Briefing: Transportation & Service Performance Updates, # 16 Ex 15-Ballot Drop Box, # 17 Ex 16-The Rise of Ballot Drop Boxes Due to the Coronavirus, # 18 Ex 17-Jul 27, 2020 Proclamation, # 19 Ex 18-Texas Gov. Abbott limits drop-off sites for early mail votes, # 20 Ex 19-Aug 25, 2020 and Aug 26, 2020 Emails, # 21 Ex 20-Brief filed in In Re Hoeze, # 22 Ex 21-Declaration of Harris County Clerk, # 23 Ex 22-Oct 1, 2020 Proclamation, # 24 Ex 23-Gov. Abbott forces Harris County to close 11 mail ballot drop-off sites, leaving just one)(Howton, Skyler) (Entered: 10/05/2020)

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ORDER GRANTING 4 Motion to Appear Pro Hac Vice as to Marc Elias. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm) (Entered: 10/05/2020)

ORDER GRANTING 5 Motion to Appear Pro Hac Vice as to John Geise. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm) (Entered: 10/05/2020)

ORDER GRANTING 6 Motion to Appear Pro Hac Vice as to Stephanie I. Command. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm) (Entered: 10/05/2020)

ORDER GRANTING 7 Motion to Appear Pro Hac Vice as to Gillian C. Kuhlmann. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm) (Entered: 10/05/2020)

MOTION --Rule 42(a)(1) Motion to Consolidate Hearing of Motion for Temporary Restraining Order in this Action with Scheduled October 8 Hearing in Texas League of United Latin American Citizens v. Abbott, 1:20-cv-1006-RP-- re 9 MOTION for Temporary Restraining Order and Preliminary Injunction by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 10/05/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton -- Motion for Admission of John M. Devaney Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14037505) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/05/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of Jessica R Frenkel Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14038271) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/05/2020)

MOTION to Appear Pro Hac Vice by Skyler M. Howton --Motion for Admission of Danielle Sivalingam (Serbin) Pro Hac Vice-- ( Filing fee $ 100 receipt number 0542-14038277) by on behalf of BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/05/2020)

Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 10/5/2020 (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(dm) (Entered: 10/06/2020)

Memorandum in Support of 9 MOTION for Temporary Restraining Order and Preliminary Injunction by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans. (dm) (Entered: 10/06/2020)

Order on Motion for Leave to File Excess Pages

Text Order GRANTING 10 Plaintiffs' Motion for Leave to Exceed the Page Limit for Motion seeking Temporary Restraining Order and Preliminary Injunction entered by Judge Robert Pitman. Plaintiffs' Motion for Preliminary Injunction is limited to no more than 17 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

ORDERED that this action is consolidated with and into CauseNo. 1:20-CV-1006-RP, which will be the lead case, for the limited purpose of resolving the pending motions for preliminary injunction. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Order on Motion for Miscellaneous Relief

Text Order MOOTING 16 Motion to Consolidate entered by Judge Robert Pitman. IS IT ORDERED that Plaintiffs' Motion to Consolidate, (Dkt. 16), is mooted in light of the Court's order, (Dkt. 21), consolidating this action with Cause No. 1:20-CV-1006-RP for the limited purpose of resolving the pending motions for preliminary injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

SUMMONS Returned Executed by Laurie-Jo Straty, BigTent Creative, Texas Alliance for Retired Americans. Gregory Abbott served on 10/6/2020, answer due 10/27/2020. (Howton, Skyler) (Entered: 10/07/2020)

SUMMONS Returned Executed by Laurie-Jo Straty, BigTent Creative, Texas Alliance for Retired Americans. Ruth Hughs served on 10/6/2020, answer due 10/27/2020. (Howton, Skyler) (Entered: 10/07/2020)

AMENDED ORDER SETTING Hearing on Plaintiffs' Motions for Preliminary Injunction (Case No. 1:20-cv-1006, Dkt. 15; Case No. 1:20-cv-1015, Dkt. 9 ) and Defendants' Motion to Dismiss (Case No. 1:20-cv-1006, Dkt. 31): Motions Hearing by Video remains set for 10/8/2020 at 01:00 PM before Judge Robert Pitman. Signed by Judge Robert Pitman. (lt) (Entered: 10/07/2020)

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Gregory Abbott, Ruth Hughs. Attorney Patrick K. Sweeten added to party Gregory Abbott(pty:dft), Attorney Patrick K. Sweeten added to party Ruth Hughs(pty:dft) (Sweeten, Patrick) (Entered: 10/07/2020)

MOTION to Dismiss by Gregory Abbott. (Sweeten, Patrick) (Entered: 10/07/2020)

MOTION to Dismiss by Ruth Hughs. (Sweeten, Patrick) (Entered: 10/07/2020)

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Gregory Abbott, Ruth Hughs. Attorney Todd Lawrence Disher added to party Gregory Abbott(pty:dft), Attorney Todd Lawrence Disher added to party Ruth Hughs(pty:dft) (Disher, Todd) (Entered: 10/07/2020)

NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Gregory Abbott, Ruth Hughs (Thompson, William) (Entered: 10/07/2020)

NOTICE of Attorney Appearance by Eric A. Hudson on behalf of Gregory Abbott, Ruth Hughs. Attorney Eric A. Hudson added to party Gregory Abbott(pty:dft), Attorney Eric A. Hudson added to party Ruth Hughs(pty:dft) (Hudson, Eric) (Entered: 10/07/2020)

Text Order GRANTING 18 Motion to Appear Pro Hac Vice by attorney Jessica R Frenkel. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Text Order GRANTING 17 Motion to Appear Pro Hac Vice by attorney John M. Devaney. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Text Order GRANTING 19 Motion to Appear Pro Hac Vice by attorney Danielle Sivalingam Serbin. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Order on Motion to Appear Pro Hac Vice

Opposed MOTION to Strike Exhibits to Motion for Preliminary Injunction by Gregory Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 10/08/2020)

1 Proposed Order

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Unopposed MOTION for Leave to Exceed Page Limitation to Respond to Motion for Preliminary Injunction by Gregory Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 10/08/2020)

Response in Opposition to Motion, filed by Gregory Abbott, Ruth Hughs, re 9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff BigTent Creative, Plaintiff Texas Alliance for Retired Americans, Plaintiff Laurie-Jo Straty (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/08/2020)

1 Proposed Order

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APPENDIX to 34 Response in Opposition to Motion, by Gregory Abbott, Ruth Hughs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit Declaration of Patrick K. Sweeten)(Sweeten, Patrick) (Entered: 10/08/2020)

Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 10/8/2020 re 9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by BigTent Creative, Texas Alliance for Retired Americans, Laurie-Jo Straty. Motion taken under advisement. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(dm) (Entered: 10/09/2020)

Order on Motion for Leave to File Excess Pages

Text Order GRANTING 33 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. State Defendants' combined response to Plaintiffs' motion for preliminary injunction is limited to no more than 36 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

NOTICE of Supplemental Authority by BigTent Creative, Laurie-Jo Straty, Texas Alliance for Retired Americans re 9 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A Philip Randolph v. LaRose)(Geise, John) (Entered: 10/09/2020)

ORDER (1) GRANTING 27 Motion to Dismiss; (2) DENYING 28 Motion to Dismiss; and (3) GRANTING 9 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Robert Pitman. (jg3) (Entered: 10/09/2020)

ORDER DENYING 32 Defendants' Motion to Strike Exhibits. Signed by Judge Robert Pitman. (jg3) (Entered: 10/09/2020)

Appeal of Order entered by District Judge 38 by Ruth Hughs. ( Filing fee $ 505 receipt number 0542-14059123) (Disher, Todd) (Entered: 10/09/2020)

NOTICE OF APPEAL following 40 Notice of Appeal (E-Filed) by Ruth Hughs. Filing fee $ 505, receipt number 0542-14059123. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (dm)

ORDER of USCA (certified copy); re Notice of Appeal. IT IS ORDERED that appellants motion for a temporary administrative stay while the court considers the motion for stay pending appeal is GRANTED. (dm) (Entered: 10/14/2020)

Transcript filed of Proceedings held on October 08, 2020, Proceedings Transcribed: Preliminary Hearing. Court Reporter/Transcriber: Pamela J. Andasola, pjandasola@comcast.net, Telephone number: (512) 391-8540. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/2/2020, Redacted Transcript Deadline set for 11/12/2020, Release of Transcript Restriction set for 1/11/2021, (pa) (Entered: 10/12/2020)

OPINION of USCA (certified copy); re Notice of Appeal. (dm) (Entered: 10/14/2020)

Notice of Appeal

TRANSCRIPT REQUEST by Ruth Hughs. Proceedings Transcribed: Hearing on motion for preliminary injunction. Transcript already on file... (Sweeten, Patrick) (Entered: 10/22/2020)

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (dm)

Appeal Record Accepted and Available Electronically

Certified copy of USCA JUDGMENT issued as the MANDATE Dismissing Appeal. IT IS ORDERED that the opposed motion of appellants to vacate the district court's judgment of October 9, 2020 is GRANTED. IT IS FURTHER ORDERED that the opposed motion of appellants to remand to the district court with instructions to dismiss as moot is GRANTED. IT IS FURTHER ORDERED that the incorporated motion of appellees to vacate this court's opinion of October 12, 2020 is DENIED.(jv2) (Entered: 03/18/2021)

IT IS ORDERED that Laurie-Jo Straty, Texas Alliance for Retired Americans, Big Tent Creatives claims are dismissed as moot. Signed by Judge Robert Pitman. (dm) (Entered: 03/24/2021)

FINAL JUDGMENT. Signed by Judge Robert Pitman. (dm) (Entered: 03/24/2021)