Case: Diffenderfer v. Gomez-Colon

3:08-cv-01918 | U.S. District Court for the District of Puerto Rico

Filed Date: Aug. 19, 2008

Closed Date: Dec. 23, 2009

Clearinghouse coding complete

Case Summary

Longtime residents of Puerto Rico, who only spoke, read, and understood English, filed this class action suit on behalf of similarly situated individuals against members of the electoral commission for its decision to issue ballots in the November 2008 Puerto Rican elections only in Spanish. On August 19, 2008, the plaintiffs filed a putative class action suit against members of the Puerto Rico electoral commission in the U.S. District Court for the District of Puerto Rico, arguing that the com…

Longtime residents of Puerto Rico, who only spoke, read, and understood English, filed this class action suit on behalf of similarly situated individuals against members of the electoral commission for its decision to issue ballots in the November 2008 Puerto Rican elections only in Spanish.

On August 19, 2008, the plaintiffs filed a putative class action suit against members of the Puerto Rico electoral commission in the U.S. District Court for the District of Puerto Rico, arguing that the commission’s administrative decision to issue ballots for the November 2008 Puerto Rican elections only in Spanish discriminated against and effectively disenfranchised voters who only spoke English. Plaintiffs argued this violated their first amendment rights, their constitutional rights to equal protection and substantive due process, and the privileges and immunities clause of the federal constitution. Represented by private counsel, plaintiffs sought declaratory and injunctive relief, as well as nominal damages. 

On August 26, 2008, defendants filed a motion to dismiss. The next day, on August 27, the district court granted plaintiffs a permanent injunction directing the commission to immediately begin printing bilingual ballots for use in the November 2008 elections. In a written opinion issued September 2, 2008, the district court certified the class and held that this relief was warranted on the grounds that the Commission's balloting policy violated the Voting Rights Act, the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment. On September 5, 2008, the president of the commission appealed the order to the First Circuit Court of Appeals.

On April 24, 2009, the district court awarded plaintiffs attorney’s fees of $67,550.34 in attorney’s fees and litigation costs against only the commission president (in his official capacity), based on their status as the prevailing party. The plaintiffs had requested $122,988.75. Using the lodestar method, the court reduced this amount to account for duplicative and excessive hours and to adjust for plaintiffs' attorneys’ practice of billing by the quarter-hour. The president of the commission appealed the award on April 30, 2009, and the plaintiffs cross-appealed on May 7, 2009.

While the appeals were pending, Puerto Rico enacted a law mandating the use of bilingual ballots in all future elections, which the parties agreed mooted the appeal of the judgment on the merits. Thereafter, on November 19, 2009, the First Circuit vacated the underlying judgment on the merits and remanded the case with instructions to dismiss the action. The First Circuit affirmed the award of attorney’s fees, however, explaining that the legislation enacted while the appeal was pending did not alter the plaintiffs' status as prevailing parties below. 587 F.3d 445.

This case is closed.

Summary Authors

David Barnes (12/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5433626/parties/diffenderfer-v-gomez-colon/


Judge(s)
Attorney for Plaintiff

Aldarondo-Lopez, Eliezer Alberto (Puerto Rico)

Aldarondo-Ortiz, Eliezer (Puerto Rico)

Aliff-Ortiz, Claudio (Puerto Rico)

Castro-Ortiz, Ivan M. (Puerto Rico)

Cataldi-Malpica, Simone (Puerto Rico)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

3:08-cv-01918

Verified Complaint

Aug. 19, 2008

Aug. 19, 2008

Complaint
5

3:08-cv-01918

Order to Show Cause

Aug. 20, 2008

Aug. 20, 2008

Order/Opinion
26

3:08-cv-01918

Memorandum in Opposition to Plaintiffs' Request for Class Certification

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
18

3:08-cv-01918

Brief in Response to Court's Order to Show Cause

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
21

3:08-cv-01918

Memorandum of Law in Compliance with Order

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
20

3:08-cv-01918

Motion to Dismiss

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
25

3:08-cv-01918

Plaintiffs' Brief

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
33

3:08-cv-01918

Minutes of Proceedings

Aug. 27, 2008

Aug. 27, 2008

Other
35

3:08-cv-01918

Notice of Interlocutory Appeal

Aug. 28, 2008

Aug. 28, 2008

Pleading / Motion / Brief
52

3:08-cv-01918

SUPPLEMENT TO 49 Opinion and Order

Sept. 2, 2008

Sept. 2, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5433626/diffenderfer-v-gomez-colon/

Last updated Jan. 31, 2025, 6:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants, filed by Sylvia Diffenderfer, Robert McCarroll. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet, # 3 Current Address Notice)(Aliff-Ortiz, Claudio) (Entered: 08/19/2008)

2 Civil Cover Sheet

View on PACER

3 Category Sheet

View on PACER

4 Current Address Notice

View on PACER

Aug. 19, 2008

Aug. 19, 2008

Clearinghouse
2

Summons Issued as to Gerardo A. Cruz-Maldonado, Juan Dalmau-Rodriguez, Nelson Rosario-Rodriguez, Walter Velez-Rodriguez, Edwin Mundo-Rios, Ramon E. Gomez-ColonService due by 12/22/2008. (al) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
3

ORDER--Summons and complaint shall be served inmediately.The return of service of process shall be filed forthwith. (. Signed by Chief Judge Jose A Fuste on 8/20/08.)(Fuste, Jose) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

PACER
4

ORDER TRANSFERRING CASE to Chief Judge Jose A. Fuste for his handling and/or reassigning the same (. Signed by Judge Daniel R. Dominguez on 8-20-08.)(nild) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

PACER
5

ORDER TO SHOW CAUSE as to why the remedy prayed for in the Complaint should not be granted, and other extremes. This Order will be served to Defendants under Fed. R. Civ. P. 4. Show Cause Hearing set for 8/27/2008 09:00 AM in Courtroom 7 before Chief Judge Jose A Fuste. Briefs due by 8/26/2008, 4:00 PM. (Signed by Chief Judge Jose A Fuste on 8/20/08.)(mrj) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

Clearinghouse
6

NOTICE of Appearance by Eliezer Aldarondo-Ortiz on behalf of all plaintiffs (Aldarondo-Ortiz, Eliezer) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

PACER
7

MOTION requesting Order and Informative filed by Claudio Aliff-Ortiz on behalf of Sylvia Diffenderfer (Aliff-Ortiz, Claudio) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
8

MOTION to Withdraw Document No. 7 filed by Claudio Aliff-Ortiz on behalf of Sylvia Diffenderfer (Aliff-Ortiz, Claudio) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
9

MOTION requesting Order and Informative filed by Claudio Aliff-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Aliff-Ortiz, Claudio) (Entered: 08/21/2008)

2 Exhibit

View on PACER

Aug. 21, 2008

Aug. 21, 2008

PACER
10

NOTICE of Appearance by Jorge Martinez-Luciano on behalf of Gerardo A. Cruz-Maldonado (Martinez-Luciano, Jorge) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
11

INFORMATIVE Motion regarding Service of Process to Defendants Gerardo Cruz and Walter Velez Rodriguez filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit, # 2 Exhibit)(Aldarondo-Ortiz, Eliezer) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
12

NOTICE of Appearance by Emil J. Rodriguez-Escudero on behalf of Gerardo A. Cruz-Maldonado (Rodriguez-Escudero, Emil) (Entered: 08/23/2008)

Aug. 23, 2008

Aug. 23, 2008

PACER
13

***FILED IN ERROR-WRONG EVENT***CERTIFICATE OF SERVICE by Sylvia Diffenderfer, Robert McCarroll on Defendants (Attachments: # 1 Supplement, # 2 Supplement)(Aliff-Ortiz, Claudio) Modified on 8/27/2008 (ft). (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER
14

NOTICE of Appearance by Juan Jose Nolla-Acosta on behalf of Nelson Rosario-Rodriguez (Nolla-Acosta, Juan) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
15

*RESTRICTED* Subpoena Returned Executed. (Aldarondo-Ortiz, Eliezer) Modified on 8/28/2008 to correct title. (ft). (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
16

NOTICE of Appearance on Behalf of Sylvia Diffenderfer, Robert McCarroll, and the class they represent by Ivan M. Castro-Ortiz on behalf of all plaintiffs (Castro-Ortiz, Ivan) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
17

NOTICE of Appearance on behalf of Plaintiffs Sylvia Diffenderfer, Robert McCarroll, and the class they represent by Sheila J. Torres-Delgado on behalf of all plaintiffs (Torres-Delgado, Sheila) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
18

BRIEF by Ramon E. Gomez-Colon. (Gonzalez-Miranda, Noel) Modified on 8/28/2008.pdf contains wrong case no. (ft). (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
19

ANSWER to 1 Complaint filed by Juan Jose Nolla-Acosta on behalf of Defendant Nelson Rosario-Rodriguez.(Nolla-Acosta, Juan) Modified on 8/28/2008. Missing electronic signature on pdf. (ft). (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
20

MOTION to dismiss as to Sylvia Diffenderfer, Robert McCarroll filed by Jorge Martinez-Luciano on behalf of Gerardo A. Cruz-Maldonado Suggestions in opposition/response due by 9/11/2008 (Martinez-Luciano, Jorge) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
21

MEMORANDUM OF LAW in Compliance with order filed by Juan Jose Nolla-Acosta on behalf of Nelson Rosario-Rodriguez. (Attachments: # 1 Exhibit Federal Register listing jurisdictions that provide bilingual election materials)(Nolla-Acosta, Juan) Modified on 8/28/2008 to add docket text.(ft). (Entered: 08/26/2008)

2 Exhibit Federal Register listing jurisdictions that provide bilingual election m

View on PACER

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
22

MOTION for Leave to File Document in Excess of Page Limit and Instanter filed by Ivan M. Castro-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll Suggestions in opposition/response due by 9/11/2008 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Castro-Ortiz, Ivan) (Entered: 08/26/2008)

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

Aug. 26, 2008

Aug. 26, 2008

PACER
23

INFORMATIVE Motion filed by Noel S. Gonzalez-Miranda on behalf of Ramon E. Gomez-Colon (Gonzalez-Miranda, Noel) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
24

NOTICE of Appearance by Carmen Edith Torres-Rodriguez on behalf of Gerardo A. Cruz-Maldonado (Torres-Rodriguez, Carmen) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
25

BRIEF Including Table of Contents, etc. as stated at Docket Doc. No. 22 by all plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Castro-Ortiz, Ivan) (Entered: 08/26/2008)

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
26

MEMORANDUM in Opposition to Class Certification filed by Gerardo A. Cruz-Maldonado filed by Gerardo A. Cruz-Maldonado. (Martinez-Luciano, Jorge) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
27

ORDER granting 7 Motion requesting Order and Informative (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
28

ORDER noted 8 Motion to Withdraw Document No. 7. (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
29

ORDER noted 9 Motion requesting Order and Informative. Request for document is moot since the document was delivered as requested. (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
30

ORDER noted 11 INFORMATIVE motion regarding Service of Process to Defendants Gerardo Cruz and Walter Velez Rodriguez. (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
31

ORDER granting 22 Motion for Leave to File in Excess of Page Limit and Instanter. (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
32

ORDER noted 23 INFORMATIVE motion (. Signed by Chief Judge Jose A Fuste on 8/27/08.) (ft) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
33

Minute Entry for proceedings held before Chief Judge Jose A. Fuste: Show Cause Hearing held on 8/27/2008. (Court Reporter Amy Walker.) (grf) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

Clearinghouse
50

Plaintiffs' Exhibit List. (ft) (Entered: 09/02/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
51

Defendants' Exhibit List. (ft) (Entered: 09/02/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
34

TRANSCRIPT REQUEST for injunction hearing held on 8/27/08 before Judge Jose A. Fuste. (np) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
35

NOTICE OF INTERLOCUTORY APPEAL by Gerardo A. Cruz-Maldonado re 33 Minute Entry . ( Filing fee $ 455 receipt number 01040000000001231239.) (Rodriguez-Escudero, Emil) Modified on 8/29/2008 to add link. (ft). (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

Clearinghouse
36

MOTION Submitting Certified English Translation of Plaintiffs' Exhibit 1 at August 27, 2008 Hearing filed by Ivan M. Castro-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Castro-Ortiz, Ivan) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
37

MOTION Submitting Complete Certified English Translation Plaintiffs' Exhibit 1 Hearing August 27, 2008 filed by Ivan M. Castro-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Castro-Ortiz, Ivan) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
38

MOTION to Clarify filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Aldarondo-Ortiz, Eliezer) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
39

Emergency INFORMATIVE Motion regarding Letter from OLES of PR filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Aldarondo-Ortiz, Eliezer) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
40

Certified and Transmitted Record on Appeal to US Court of Appeals re 35 Notice of Interlocutory Appeal (Copies of dkts. 1,...,35-37) (xi) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
41

MOTION Submitting Certified Translation of Exhibit to Urgent Informative Motion re: 39 Emergency INFORMATIVE Motion regarding Letter from OLES of PR filed by Sylvia Diffenderfer, Robert McCarroll filed by Sheila J. Torres-Delgado on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Related document(s) 39 ) (Torres-Delgado, Sheila) (Entered: 08/30/2008)

Aug. 30, 2008

Aug. 30, 2008

PACER
42

INFORMATIVE Motion regarding the filing of "Verified Urgent Motion To Request A Stay Of Execution And The Issuance Of An Expedited Briefing Schedule" by Defendant Gerardo A. Cruz-Maldonado with the U.S. Circuit Court of Appeals for the First Circuit filed by Michael C. McCall on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit Exhibit 1(a), # 2 Exhibit Exhibit 1(b))(McCall, Michael) (Entered: 08/30/2008)

Aug. 30, 2008

Aug. 30, 2008

PACER
43

MOTION Urgent Motion Requesting Expedited Ruling on Plaintiffs' Motion to Clarify Order (Docket No. 38) re 38 MOTION to Clarify filed by Sylvia Diffenderfer, Robert McCarroll filed by Michael C. McCall on behalf of Sylvia Diffenderfer, Robert McCarroll (Related document(s) 38 ) (McCall, Michael) (Entered: 08/30/2008)

Aug. 30, 2008

Aug. 30, 2008

PACER
44

Transcript of Show Cause Hearing held on 08/27/08, before Honorable Chief Judge Jose A. Fuste. Court Reporter/Transcriber Amy Walker, Telephone number 787-772-3470. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be available electronically to the public without redaction after 90 calendar days. The policy is located at www.prd.uscourts.gov. 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 through PACER.. Redaction Request due 9/22/2008. Redacted Transcript Deadline set for 10/2/2008. Release of Transcript Restriction set for 12/1/2008. (aw) (Entered: 09/01/2008)

Sept. 1, 2008

Sept. 1, 2008

PACER
45

CERTIFICATION OF FILING OF TRANSCRIPT Date of Proceeding 08/27/08 Type of Proceeding Show Cause Hearing. (aw) (Entered: 09/01/2008)

Sept. 1, 2008

Sept. 1, 2008

PACER
46

ORDER noted 36 Motion submitting ; noted 37 Motion submitting ; granting 38 Motion to clarify; noted 39 INFORMATIVE motion; noted 41 Motion submitting ; noted 42 INFORMATIVE motion; noted 43 Motion for Miscellaneous Relief ; denying 20 Motion to Dismiss. It is evident that the cost of some $26,000 for extra printing costs will be paid not by the individual defendants,but from printing funds in the hands of the SEC.The Court is working on the expected opinion and order, and estimate that the same will be filed and transmitted to the Court of Appeals before 2:00 PM.Sept 2, 2008. (. Signed by Chief Judge Jose A Fuste on 9/1/08.) (Fuste, Jose) (Entered: 09/01/2008)

Sept. 1, 2008

Sept. 1, 2008

PACER
47

INFORMATIVE Motion regarding the filing of a motion to the Court of Appeals in case number 08-2107, expressing defendant Nelson Rosario-Rodriguez's position on the interlocutory appeal filed by codefendant Cruz-Maldonado. filed by Juan Jose Nolla-Acosta on behalf of Nelson Rosario-Rodriguez (Attachments: # 1 Motion filed with the Court of Appeals in case number 08-2107)(Nolla-Acosta, Juan) (Entered: 09/01/2008)

Sept. 1, 2008

Sept. 1, 2008

PACER
48

INFORMATIVE Motion regarding Filing of Opposition to Verified Request for Stay of Execution filed by Ivan M. Castro-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit)(Castro-Ortiz, Ivan) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
49

OPINION AND ORDER granting the injunctive relief sought by Plaintiff, Docket No. 1 . (. Signed by Chief Judge Jose A Fuste on 9/2/08.)(Fuste, Jose) Modified on 9/3/2008 to add docket text. (ft). (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

Clearinghouse
52

SUPPLEMENT TO 49 Opinion and Order (. Signed by Chief Judge Jose A Fuste on 9/2/08.) (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix)(Fuste, Jose) Modified on 9/3/2008 to add docket text. (ft). (Entered: 09/02/2008)

2 Appendix

View on PACER

3 Appendix

View on PACER

4 Appendix

View on PACER

Sept. 2, 2008

Sept. 2, 2008

Clearinghouse
53

USCA Case Number 08-2107 for 35 Notice of Interlocutory Appeal, filed by Gerardo A. Cruz-Maldonado. (xi) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
54

Supplemental Record on Appeal transmitted to US Court of Appeals Re 35 Notice of Interlocutory Appeal, filed by Gerardo A. Cruz-Maldonado (Copies of dkts. 5,...,52; 44/Sealed Transcript; Pltffs' Exhs. 1-3,...,7A-7C & Defts' Exhs. A,B)(xi) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
55

Emergency MOTION requesting Order to Defendant Ramon Gomez To Produce The Model Ballots To Be Printed; And For An Expedited Hearing filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Aldarondo-Ortiz, Eliezer) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER
56

USCA JUDGMENT as to 35 Notice of Interlocutory Appeal, filed by Gerardo A. Cruz-Maldonado; DISMISSED. (xi) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

RECAP
57

NOTICE OF APPEAL as to 33 Minute, 49 Opinion & Order by Ramon E. Gomez-Colon. (Walker-Merino, Ramon) Modified on 9/5/2008 to add link (xi). (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

RECAP
58

ORDER: Hearing SET FOR TODAY 9/5/2008 AT 02:00 PM in Courtroom 7 before Chief Judge Jose A Fuste. Ramon E. Gomez-Colon (President of the State Electoral Commission of Puerto Rico) and Walter Velez-Rodriguez (Electoral Commissioner of the Puerto Ricans for Puerto Rico Party) to be present in the hearing.(. Signed by Chief Judge Jose A Fuste on 9/5/2008.)(be) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
59

Emergency MOTION requesting Order - Reiterating Urgent Motion Requesting Order to Defendant Ramn Gmez to Produce Model Ballots to be Printed and for Expedite Hearing - filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Aldarondo-Ortiz, Eliezer) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER

USCA Appeal Fees received $ 455.00 receipt number 178018 re 57 Notice of Appeal filed by Ramon E. Gomez-Colon (ne)

Sept. 5, 2008

Sept. 5, 2008

PACER
60

Certified and Transmitted Record on Appeal to US Court of Appeals re 57 Notice of Appeal (Copies of dkts. 33,...,57) (xi) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
61

Transcript of Motion Hearing held on 09/05/2008, before the Honorable Chief Judge Jose A. Fuste. Court Reporter/Transcriber Amy Walker, Telephone number 787-772-3470. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be available electronically to the public without redaction after 90 calendar days. The policy is located at www.prd.uscourts.gov. 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 through PACER.. Redaction Request due 9/26/2008. Redacted Transcript Deadline set for 10/6/2008. Release of Transcript Restriction set for 12/4/2008. (aw) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
72

Minute Entry for proceedings held before Chief Judge Jose A Fuste: Hearing on Motion held on 9/5/2008 re 55 Emergency MOTION requesting Order to Defendant Ramon Gomez To Produce The Model Ballots To Be Printed; And For An Expedited Hearing filed by Sylvia Diffenderfer, Robert McCarroll. As instructed by the Court, parties discussed all the modifications and those changes will be made as agreed. Printing of the ballots will start on Wednesday of next week. (Court Reporter AMY WALKER.)Attys: Eliezer Aldarondo, Eliezer Aldarondo-Lopez, Claudio Aliff, Michael McCall, Sheila Torres, Noel Gonzalez, Jorge Martinez, Juan J. Nolla, Emil Rodriguez, Edith Torres. (be) (Entered: 09/10/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
62

Motion In Compliance With Order and Informative filed by Sheila J. Torres-Delgado on behalf of Sylvia Diffenderfer, Robert McCarroll (Torres-Delgado, Sheila) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
63

RESPONSE in Opposition to Motion in Compliance with Order and Informative filed by Gerardo A. Cruz-Maldonado Re: 62 Motion In Compliance With Order and Informative filed by Sylvia Diffenderfer, Robert McCarroll filed by Gerardo A. Cruz-Maldonado. (Martinez-Luciano, Jorge) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
64

RESPONSE regarding Codefendant Nelson Rosario-Rodriguez's position as to the statements made by codefendant Gerardo Cruz-Maldonado in his response in opposition # 63 to motion filed by the plaintiffs # 62 filed by Juan Jose Nolla-Acosta on behalf of Nelson Rosario-Rodriguez (Nolla-Acosta, Juan) Modified on 9/10/2008 to correct title and add links. (ft). (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
65

Emergency MOTION requesting Order for Defendants Cruz And Gomez to Show Cause As To Why For Their Deviation Of The Agreement Reached In Open Court They Should Not Be Found In Contempt And In Purposely Delaying The Process Of Printing The Electoral Ballots And For An Expedited Hearing filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Appendix 1)(Aldarondo-Ortiz, Eliezer) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
66

ORDER AS TO 65 Motion requesting Order Hearing set for 9/10/2008 09:30 AM in Courtroom 7 before Chief Judge Jose A Fuste. (Signed by Chief Judge Jose A Fuste on 9/9/2008.) (be) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
67

ORDER-- Upon further reflection,I order all defendants to be present at the hearing to be held tomorrow September 10,2008 at 9:30 AM The Court will not allow any party to disavow the agreements reached,or place stumbling blocks to the clear and precise remedy ordered by the Court.Any violation to the terms of the order and the subsequent agreement, will be punished by contempt of court to swiftly deal with irresponsible maneuvers directed at eroding the remedy ordered and stipulated in this case. Be guided accordingly. (. Signed by Chief Judge Jose A Fuste on 9/9/08.)(Fuste, Jose) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
68

RESPONSE in Opposition to Motion Requesting Order to Show Cause filed by Gerardo A. Cruz-Maldonado Re: 65 Emergency MOTION requesting Order for Defendants Cruz And Gomez to Show Cause As To Why For Their Deviation Of The Agreement Reached In Open Court They Should Not Be Found In Contempt And In Purposely Delaying The Process Of Printing The Electoral Ba filed by Sylvia Diffenderfer, Robert McCarroll filed by Gerardo A. Cruz-Maldonado. (Martinez-Luciano, Jorge) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
69

Emergency MOTION to Set Aside Show Cause Hearing re: 66 ORDER AS TO 65 Motion requesting Order Hearing set for 9/10/2008 09:30 AM in Courtroom 7 before Chief Judge Jose A Fuste. (Signed by Chief Judge Jose A Fuste on 9/9/2008.) (be), 67 ORDER-- Upon further reflection,I order all defendants to be present at the hearing to be held tomorrow September 10,2008 at 9:30 AM The Court will not allow any party to disavow the agreements reached,or place stumbling blocks to the clear and precise remedy ordered by the Court.Any violation to the terms of the order and the subsequent agreement, will be punished by contempt of court to swiftly deal with irresponsible maneuvers directed at eroding the remedy ordered and stipulated in this case. Be guided accordingly. (. Signed by Chief Judge Jose A Fuste on 9/9/08.)(Fuste, Jose) filed by Jorge Martinez-Luciano on behalf of Gerardo A. Cruz-Maldonado (Related document(s) 66, 67 ) (Martinez-Luciano, Jorge) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
70

INFORMATIVE Motion regarding Resolution Entered By Defendant Gomez As To The Bilingual Ballots And Other Matters filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Appendix 1, # 2 Appendix 1 - Original in Spanish)(Aldarondo-Ortiz, Eliezer) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
71

ORDER regarding agreements reached at hearing held today. (Signed by Chief Judge Jose A Fuste on 9/10/08.)(mrj) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
76

Court's Exhibit List. (be) (Entered: 09/17/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
77

Minute Entry for proceedings held before Chief Judge Jose A Fuste: Motion Hearing held on 9/10/2008, regarding 65 Emergency MOTION. Counsel for Plaintiffs and for Defendant Walter Velez Rodriguez, the Secretary of the State Electoral Commission of the Commonwealth of Puerto Rico, informs the court of their final agreement, and the ballots will be printed accordingly. Ballots are submitted and marked as Court's Exhibits 1--> 4. Some corrections are made to the translations, and same were stated for the record. (Court Reporter Amy Walker.)ATTYS. FOR PLAINTIFFS: Eliezer Aldarondo-Ortiz, Eliezer Aldarondo-Lopez, Michael McCall, and Sheila Torres. ATTYS. FOR DEFENDANTS: Noel Gonzalez, Emil Rodriguez, Carmen Edith Torres, and Jose Nuez. (be) (Entered: 09/18/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
73

MOTION Submitting Certified Translations of September 8, 2008 letter and Resolution CEE-RS-08-89 re: 65 Emergency MOTION requesting Order for Defendants Cruz And Gomez to Show Cause As To Why For Their Deviation Of The Agreement Reached In Open Court They Should Not Be Found In Contempt And In Purposely Delaying The Process Of Printing The Electoral Ba filed by Sylvia Diffenderfer, Robert McCarroll, 70 INFORMATIVE Motion regarding Resolution Entered By Defendant Gomez As To The Bilingual Ballots And Other Matters filed by Sylvia Diffenderfer, Robert McCarroll filed by Ivan M. Castro-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 65, 70 ) (Castro-Ortiz, Ivan) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
74

USCA Case Number 08-2139 for 57 Notice of Appeal filed by Ramon E. Gomez-Colon. (xi) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
75

Second INFORMATIVE Motion re: sample of special ballot of Resident Commissioner filed by Noel S. Gonzalez-Miranda on behalf of Ramon E. Gomez-Colon (Gonzalez-Miranda, Noel) Modified on 9/17/2008 to add docket text. (ft). (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
78

JUDGMENT is entered in favor of Plaintiffs and against Defendants as outlined in Docket Document Nos. 49, 52, 71 and 72 . (. Signed by Chief Judge Jose A Fuste on 9/18/08.)(ft) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

Clearinghouse
79

NOTICE TO LITIGANTS, attaching U.S. Dept. of Justice release dated 9/22/08 regarding a settlement with the Commonwealth of Massachusetts as to voting rights of voters limited in English-language proficiency, specifically Puerto Rican voters. (. Signed by Chief Judge Jose A Fuste on 9/24/08.) (Attachments: # 1 Exhibit DOJ Release)(mrj) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

RECAP
80

NOTICE of Appearance by Iris Alicia Martinez-Juarbe on behalf of Ramon E. Gomez-Colon (Martinez-Juarbe, Iris) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

PACER
81

MOTION for Attorney Fees and Litigation Expenses filed by Sheila J. Torres-Delgado on behalf of Sylvia Diffenderfer, Robert McCarroll Suggestions in opposition/response due by 10/20/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Torres-Delgado, Sheila) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

PACER
82

MOTION Submitting Amended Time Sheet - Exhibit A - for Memorandum in Support of Plaintiffs' Application for Attorneys' Fees and Litigation Expenses re: 81 MOTION for Attorney Fees and Litigation Expenses filed by Sylvia Diffenderfer, Robert McCarroll filed by Sheila J. Torres-Delgado on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit A - Amended Time Sheet)(Related document(s) 81 ) (Torres-Delgado, Sheila) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
83

***FILED IN ERROR-WRONG EVENT*** NOTICE OF AMENDED APPEAL by Ramon E. Gomez-Colon (Walker-Merino, Ramon) Modified on 10/10/2008 (ft). (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

PACER

***SEE IMAGE ON DKT # 83 ***Amended NOTICE OF APPEAL as to 78 Judgment by Walter Velez-Rodriguez, Ramon E. Gomez-Colon. (ft)

Oct. 9, 2008

Oct. 9, 2008

PACER
84

Certified and Transmitted Record on Appeal to US Court of Appeals re 83 Amended Notice of Appeal (Copies of dkts. 71,72,77,78,83)(xi) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER
85

MOTION for Extension of Time until November 13, 2008 to File Response/Reply to oppose 81 Plaintiffs application for attorneys fees filed by Noel S. Gonzalez-Miranda on behalf of Ramon E. Gomez-Colon Suggestions in opposition/response due by 10/30/2008 (Gonzalez-Miranda, Noel) Modified on 10/16/2008 to add docket entry relationship(cm,) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
86

RESPONSE in Opposition to Motion for Attorney's Fees and Costs filed by Gerardo A. Cruz-Maldonado Re: 82 MOTION Submitting Amended Time Sheet - Exhibit A - for Memorandum in Support of Plaintiffs' Application for Attorneys' Fees and Litigation Expenses re: 81 MOTION for Attorney Fees and Litigation Expenses filed by Sylvia Diffenderfer, Robert McCarroll filed by Gerardo A. Cruz-Maldonado. (Martinez-Luciano, Jorge) Modified on 10/16/2008 to edit repetitive text(cm). (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
87

USCA Case Number 08-2139 for 83 Amended Notice of Appeal filed by Ramon E. Gomez-Colon, Walter Velez-Rodriguez. (xi) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
88

ORDER granting 85 Motion for Extension of Time to File Response/Reply. Response to Motion Deadline due by 11/13/2008. Signed by Chief Judge Jose A Fuste on 10/30/08. (mrj) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER
89

INFORMATIVE Motion regarding Docket No. 49 filed by Eliezer Aldarondo-Ortiz on behalf of Sylvia Diffenderfer, Robert McCarroll (Attachments: # 1 Exhibit Official Certification, # 2 Exhibit Certified Translation)(Aldarondo-Ortiz, Eliezer) (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

PACER
90

MANDATE of USCA as to 35 Notice of Interlocutory Appeal, filed by Gerardo A. Cruz-Maldonado; DISMISSED. (xi) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

RECAP
91

ORDER noted 89 INFORMATIVE motion regarding Docket No. 49 . Signed by Chief Judge Jose A Fuste on 11/13/08. (mrj) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
92

***FILED IN ERROR-WRONG PDF ATTACHED-SEE #93 FOR CORRECT FILING***RESPONSE in Opposition to Motion For Attorney's Fees filed by Ramon E. Gomez-Colon Re: 81 MOTION for Attorney Fees and Litigation Expenses filed by Sylvia Diffenderfer, Robert McCarroll filed by Ramon E. Gomez-Colon. (Attachments: # 1 Exhibit Time Sheets)(Gonzalez-Miranda, Noel) Modified on 11/20/2008 (ft). (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
93

RESPONSE in Opposition to Motion filed by Ramon E. Gomez-Colon and Walter Velez-Rodriguez Re: 81 MOTION for Attorney Fees and Litigation Expenses filed by Sylvia Diffenderfer, Robert McCarroll . (Attachments: # 1 Exhibit Time Sheets)(Gonzalez-Miranda, Noel) Modified on 11/20/2008 to add filer. (ft). (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
94

MOTION for Leave to File Document Reply to Opposition to Plaintiffs Application for Attorney Fees filed by Eliezer Alberto Aldarondo-Lopez on behalf of Sylvia Diffenderfer, Robert McCarroll Suggestions in opposition/response due by 12/8/2008 (Aldarondo-Lopez, Eliezer) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
95

ORDER granting 94 Motion for Leave to File Reply Brief. Reply Brief due by 12/3/2008 . Signed by Chief Judge Jose A Fuste on 12/1/08. (mrj) (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
96

REPLY to Response to Motion filed by all plaintiffs Re: 81 MOTION for Attorney Fees and Litigation Expenses filed by Sylvia Diffenderfer, Robert McCarroll filed by all plaintiffs. (Aldarondo-Lopez, Eliezer) (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
97

***STRICKEN FROM THE RECORD AS PER ORDER #99*** MOTION to Withdraw as Attorney of Record Attorney as to Iris Alicia Martinez-Juarbe filed by Iris Alicia Martinez-Juarbe on behalf of Ramon E. Gomez-Colon (Martinez-Juarbe, Iris) Modified on 2/13/2009 (dv). (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER
98

MOTION to Strike Docket No. 97 from the Record Re: 97 MOTION to Withdraw as Attorney of Record Attorney as to Iris Alicia Martinez-Juarbe filed by Ramon E. Gomez-Colon filed by Iris Alicia Martinez-Juarbe on behalf of Ramon E. Gomez-Colon Suggestions in opposition/response due by 2/27/2009 (Related document(s) 97 ) (Martinez-Juarbe, Iris) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 19, 2008

Closing Date: Dec. 23, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class of monolingual English speakers eligible to vote in Puerto Rico

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Electoral Commission, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $67,550.34

Issues

Voting:

Voting: General & Misc.