Case: Texas Democratic Party v. Hughs

5:20-cv-00008 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 6, 2020

Closed Date: June 30, 2021

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Case Summary

This is a case about the rejection of voter registration applications submitted through a mobile app due to a lack of a wet signature and the application of sovereign immunity to the Secretary of State's public comments regarding the wet signature rule. On January 6, 2020, the Texas Democratic Party ("TDP"), the national senatorial committee of the Democratic Party ("DSCC"), and the national congressional committee of the Democratic Party ("DCCC") filed this lawsuit in the United States Distri…

On January 6, 2020, the Texas Democratic Party ("TDP"), the national senatorial committee of the Democratic Party ("DSCC"), and the national congressional committee of the Democratic Party ("DCCC") filed this lawsuit in the United States District Court for the Western District of Texas, San Antonio Division. Privately represented by Perkins Coie LLP, plaintiffs sued the acting Texas Secretary of State under Section 1971 of the Civil Rights Act of 1964 52 U.S.C. § 10101(a)(2)(B), 42 U.S.C. § 1983 and TEX. ELEC. CODE § 13.002, with the claim under the Texas Election Code later being dropped in an Amended Complaint filed on February 14, 2020. This case was assigned to Chief Judge Orlando L. Garcia.

Plaintiffs alleged that five days before the voter registration deadline for the 2018 midterm election, the then acting Secretary instructed country registrars, by way of a press release that specified every registration required an original, wet signature, to incorrectly reject over 2400 applications that had been submitted through a third-party mobile app. The app allowed users to provide information to auto populate a paper voter registration form, including a photograph of the applicant's signature which was uploaded by the applicant to the app. Plaintiffs advanced four distinct legal claims. First, plaintiffs claimed the Secretary's enforcement of the wet signature rule deprived Texans of the right to vote as secured by the Civil Rights Act of 1964, as the rule itself is immaterial to determining whether someone is qualified to vote in Texas. Second, plaintiffs claimed the wet signature rule resulted in arbitrary and disparate treatment towards those who used the app to register to vote in violation of the Equal Protection Clause of the Fourteenth Amendment. Third, the plaintiffs claimed the wet signature rule placed an unconstitutional burden on the rights of Texan voters, also in violation of the Equal Protection Clause. Finally, plaintiffs claim the enforcement of the wet signature rule violated the Due Process Clause of the Constitution because it placed the integrity of the State's electoral process in jeopardy.

Plaintiffs sought declarative relief that the Court declare the wet signature rule violated Section 1971 of the Civil Rights Act and the First and Fourteenth Amendments of the U.S. Constitution. Further, the plaintiffs sought injunctive relief to (i) enjoin the Secretary from enforcing the wet signature rule and from rejecting voter applications due to a lack of wet-ink signature, and (ii) require the Secretary to permit voters whose applications had been previously rejected to resubmit their applications. Finally, the plaintiffs sought reimbursement for their costs, disbursements, and legal fees.

The Secretary filed the first of several motions to dismiss on January, 1, 2020, ultimately advancing several arguments. First, the Secretary claimed the Ex parte Young exception to sovereign immunity for state officials does not apply because the Secretary does not handle applications herself nor does she control officials who do, and therefore the claim is precluded under sovereign immunity. In addition to the sovereign immunity defense, the State argued that plaintiffs lacked organizational or associational standing and that the Civil Rights Act does not create a private cause of action under which the plaintiffs can sue.

On July 22, 2020, the Court issued an order denying the defendant's motion to dismiss the complaint. The District Court determined that Ex Parte Young did apply in this circumstance because the Secretary has the duty and authority to maintain the application of state election laws. Further, they concluded plaintiffs have organizational and associational standing, and that a private right of action for violations under the Civil Rights Act is supported by precedent and authority. The Court declined to comment on any claims made in the Secretary's motion to dismiss that tied to the merits of the case.

On August 14, 2020, the Secretary filed a notice of appeal to the United States Court of Appeals for the Fifth Circuit from the order of the District Court, an action which caused the plaintiff to in turn move for summary affirmance or dismissal of the appeal as frivolous, both of which were denied.

On June 28, 2021 the Circuit Court issued its judgment to reverse the decision of the District Court and remand for any further proceedings. Ultimately, the Circuit Court did not decide on the merits of the claim that the wet signature rule violated federal law. The Circuit Court determined that the Ex parte Young exception to sovereign immunity did not apply and therefore the plaintiffs were precluded from bringing the claim against the Secretary. In its discussion, the Court concluded that the Secretary's press release did not rise to a level that made the Secretary have a sufficient connection with enforcement of the wet signature rule, because the press release was not sent to the plaintiffs, made no threats of enforcement, and did not state that the plaintiffs had violated any specific law.

As a result of the judgment, an order was filed on June 30, 2021 to dismiss and close the case for lack of subject matter jurisdiction. Plaintiffs were directed to pay the costs on appeal.

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Summary Authors

LFAA (4/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16659389/parties/texas-democratic-party-v-hughs/

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Brailey, Emily R. (Texas)

Command, Stephanie I. (Texas)

Dunn, Chad W. (Texas)

Elias, Marc Erik (Texas)

Attorney for Defendant

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Brailey, Emily R. (Texas)

Command, Stephanie I. (Texas)

Dunn, Chad W. (Texas)

Elias, Marc Erik (Texas)

Howton, Skyler M. (Texas)

Meyerhoff, Robert Leslie (Texas)

Nkwonta, Uzoma N. (Texas)

Attorney for Defendant

Scanlon, Cory A. (Texas)

Sweeten, Patrick K. (Texas)

Thompson, William Thomas (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:20-cv-00008	Complaint for Declaratory and Injunctive Relief	Jan. 6, 2020	Jan. 6, 2020 Complaint
10 5:20-cv-00008	The Texas Secretary of State's Motion to Dismiss	Jan. 31, 2020	Jan. 31, 2020 Pleading / Motion / Brief
13 5:20-cv-00008	The Texas Secretary of State's Motion to Dismiss Texas Democratic Party, Et Al V. Hughs	Feb. 28, 2020	Feb. 28, 2020 Pleading / Motion / Brief
14 5:20-cv-00008	Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
17 5:20-cv-00008	The Texas Secretary of State's Reply in Support of Her Motion to Dismiss Texas Democratic Party, Et Al V. Hughs	March 27, 2020	March 27, 2020 Pleading / Motion / Brief
19 5:20-cv-00008	Order Denying First Motion to Dismiss as Moot	May 7, 2020	May 7, 2020 Order/Opinion
24 5:20-cv-00008	Order Denying Motion to Dismiss	July 22, 2020	July 22, 2020 Order/Opinion 747 F.Supp.3d 849
25	Second Amended Complaint for Injunctive and Declaratory Relief Texas Democratic Party, Et Al V. Hughs	July 23, 2020	July 23, 2020 Complaint
36 5:20-cv-00008	The Texas Secretary of State's Notice of Appeal Texas Democratic Party, Et Al V. Hughs	Aug. 14, 2020	Aug. 14, 2020 Pleading / Motion / Brief
46 5:20-cv-00008	Judgment U.S. Court of Appeals for the Fifth Circuit	June 28, 2021	June 28, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16659389/texas-democratic-party-v-hughs/

Last updated June 21, 2025, 4:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief ( Filing fee $ 400 receipt number 0542-13037171), filed by Texas Democratic Party, DCCC, DSCC. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Entered: 01/06/2020) 1 Civil Cover Sheet View on PACER	Jan. 6, 2020	Jan. 6, 2020 Clearinghouse
2	REQUEST FOR ISSUANCE OF SUMMONS by DCCC, DSCC, Texas Democratic Party. to Ruth R. Hughs, in her official capacity as Texas Secretary of State (Howton, Skyler) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
3	RULE 7 DISCLOSURE STATEMENT filed by DCCC, DSCC, Texas Democratic Party. (Howton, Skyler) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
	Case Directly Assigned to Chief Judge Orlando L. Garcia. 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. (wg)	Jan. 6, 2020	Jan. 6, 2020 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg)	Jan. 6, 2020	Jan. 6, 2020 PACER
4	NOTICE of Attorney Appearance by Chad W. Dunn on behalf of Texas Democratic Party. Attorney Chad W. Dunn added to party Texas Democratic Party(pty:pla) (Dunn, Chad) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
	To be Referred to SA Mag Judge	Jan. 7, 2020	Jan. 7, 2020 PACER
	Case Assigned/Reassigned	Jan. 7, 2020	Jan. 7, 2020 PACER
5	Summons Issued as to Ruth R. Hughs, Texas Secretary of State (wg) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
6	MOTION to Appear Pro Hac Vice by Skyler M. Howton -- for MARC E. ELIAS-- ( Filing fee $ 100 receipt number 0542-13042617) by on behalf of DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
7	MOTION to Appear Pro Hac Vice by Skyler M. Howton -- for UZOMA N. NKWONTA -- ( Filing fee $ 100 receipt number 0542-13042664) by on behalf of DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
8	MOTION to Appear Pro Hac Vice by Skyler M. Howton -- for STEPHANIE I. COMMAND -- ( Filing fee $ 100 receipt number 0542-13042689) by on behalf of DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
9	MOTION to Appear Pro Hac Vice by Skyler M. Howton -- for EMILY R. BRAILEY -- ( Filing fee $ 100 receipt number 0542-13042711) by on behalf of DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 01/07/2020)	Jan. 7, 2020	Jan. 7, 2020 PACER
	Order on Motion to Appear Pro Hac Vice	Jan. 13, 2020	Jan. 13, 2020 PACER
	Text Order GRANTING 6 Motion to Appear Pro Hac Vice for MARC E. 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. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	Jan. 13, 2020	Jan. 13, 2020 PACER
	Text Order GRANTING 7 Motion to Appear Pro Hac Vice for UZOMA N. NKWONTA. 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 Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	Jan. 13, 2020	Jan. 13, 2020 PACER
	Text Order GRANTING 8 Motion to Appear Pro Hac Vice for 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. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	Jan. 13, 2020	Jan. 13, 2020 PACER
	Text Order GRANTING 9 Motion to Appear Pro Hac Vice for EMILY R. BRAILEY. 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 Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	Jan. 13, 2020	Jan. 13, 2020 PACER
10	DEFENDANT'S MOTION to Dismiss by Ruth R. Hughs. (Sweeten, Patrick) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020 Clearinghouse
11	NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Ruth R. Hughs (Sweeten, Patrick) (Entered: 02/06/2020)	Feb. 6, 2020	Feb. 6, 2020 PACER
12	AMENDED COMPLAINT --Amended Complaint for Declaratory and Injunctive Relief-- against Ruth R. Hughs amending, filed by Texas Democratic Party, DCCC, DSCC.(Howton, Skyler) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 RECAP
13	MOTION to Dismiss by Ruth R. Hughs. (Attachments: # 1 Exhibit A)(Thompson, William) (Entered: 02/28/2020) 1 Exhibit A View on Clearinghouse	Feb. 28, 2020	Feb. 28, 2020 Clearinghouse
14	Plaintiff's Response in Opposition to Motion, filed by DCCC, DSCC, Texas Democratic Party, re 13 MOTION to Dismiss filed by Defendant Ruth R. Hughs (Nkwonta, Uzoma) (Entered: 03/13/2020)	March 13, 2020	March 13, 2020 Clearinghouse
15	Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss Plaintiffs' Complaint by Ruth R. Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 03/18/2020)	March 18, 2020	March 18, 2020 PACER
	Text Order GRANTING 15 Unopposed Motion for Extension of Time to File Reply. IT IS THEREFORE ORDERED that Defendants deadline to file a Reply Brief is extended to Friday, March 27, 2020 entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	March 19, 2020	March 19, 2020 PACER
16	Unopposed MOTION for Leave to Exceed Page Limitation by Ruth R. Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 03/25/2020)	March 25, 2020	March 25, 2020 PACER
	Text Order GRANTING 16 Unopposed Motion for Leave to File Excess Pages. IT IS THEREFORE ORDERED that Defendants reply in support of her motion to dismiss shall not exceed fifteen pages in length entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	March 26, 2020	March 26, 2020 PACER
17	DEFENDANT'S REPLY to Response to Motion, filed by Ruth R. Hughs, re 13 MOTION to Dismiss filed by Defendant Ruth R. Hughs (Sweeten, Patrick) (Entered: 03/27/2020)	March 27, 2020	March 27, 2020 Clearinghouse
18	MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530288) by on behalf of Texas Democratic Party. (Dunn, Chad) (Entered: 05/04/2020)	May 4, 2020	May 4, 2020 PACER
	Order on Motion to Appear Pro Hac Vice	May 7, 2020	May 7, 2020 PACER
	Text Order GRANTING 18 Motion to Appear Pro Hac Vice of Rob Meyerhoff for TDP. 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 Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	May 7, 2020	May 7, 2020 PACER
19	ORDER DENYING AS MOOT 10 Motion to Dismiss Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 05/08/2020)	May 7, 2020	May 7, 2020 Clearinghouse
20	NOTICE of Supplemental Authority in Support of Motion to Dismiss by Ruth R. Hughs (Sweeten, Patrick) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 RECAP
21	PLAINTIFFS' RESPONSE TO DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY -- to 20 Notice (Other) by DCCC, DSCC, Texas Democratic Party. (Howton, Skyler) Modified on 5/21/2020 (wg). (Entered: 05/21/2020)	May 21, 2020	May 21, 2020 PACER
22	NOTICE of Supplemental Authority in Support of Motion to Dismiss by Ruth R. Hughs (Sweeten, Patrick) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 PACER
23	PLAINTIFFS RESPONSE TO DEFENDANTS SECOND NOTICE OF SUPPLEMENTAL AUTHORITY to 20 Notice (Other) by DCCC, DSCC, Texas Democratic Party. (Nkwonta, Uzoma) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
24	ORDER DENYING re 13 MOTION to Dismiss filed by Ruth R. Hughs. Plaintiffs may amend their current complaint within ten days from the date below solely for the purpose of clarifying that they are seeking relief under ยง 1983 for alleged violations of 52 U.S.C.ยง 1O1O1(a)(2)(B). Defendant's answer will be due within ten days after the filing of the second amended complaint.Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 07/22/2020)	July 22, 2020	July 22, 2020 Clearinghouse
25	SECOND AMENDED COMPLAINT against Ruth R. Hughs amending, filed by Texas Democratic Party, DCCC, DSCC.(Howton, Skyler) Modified on 7/24/2020 (rg). (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
26	Opposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Application for Preliminary Injunction and Brief in Support by DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Brief Application for Preliminary Injunction and Brief in Support, # 2 Appendix Appendix in Support of Plaintiffs' Application, # 3 Affidavit Brailey Declaration with Exs. A-R, # 4 Affidavit Lartigue Declaration with Ex. A and B, # 5 Affidavit Cabrera Declaration, # 6 Affidavit Maxey Declaration with Ex. 1, # 7 Affidavit Newman Declaration, # 8 Affidavit Schaumburg Declaration, # 9 Proposed Order Order Granting Preliminary Injunction, # 10 Proposed Order Order Granting Motion for Leave to Exceed Page Limitation)(Howton, Skyler) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
27	MOTION for Extension of Time to File Response/Reply as to 26 Opposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Application for Preliminary Injunction and Brief in Support (ECF No. 26-1) by Ruth R. Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
28	RESPONSE to Motion, filed by DCCC, DSCC, Texas Democratic Party, re 27 MOTION for Extension of Time to File Response/Reply as to 26 Opposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Application for Preliminary Injunction and Brief in Support (ECF No. 26-1) filed by Defendant Ruth R. Hughs (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 07/28/2020)	July 28, 2020	July 28, 2020 PACER
29	ORDER CONDITIONALLY GRANTING 27 Motion for Extension of Time to File Response/Reply, but will be reconsidered after reviewing a supplemental advisory from the Secretary explaining her good faith interpretation of the nature of the claims stated in the current complaint and the motion for preliminary injunction; (2) her defenses thereto (which should also be contained in her fo1thcoming answer); (3) the fact issues relating to the preliminary injunction that require discovery; (4) the specific discovery she wants to conduct; and (5) a proposed schedule to accomplish limited discovery and briefing on the preliminaiy injunction issues. Such advisory must be filed within three business days from the date below, and Plaintiffs may file a response with their own proposed schedule within three days thereafter. If the Court determines that discovery will not assist the Court in resolving the issues raised in the motion, the deadline for the response will likely be within ten days thereafter. If the Secretaiy shows an understanding of the issues and it appears discovery will be helpful in resolving the issues, the deadline will allow sufficient time for discovery. Signed by Chief Judge Orlando L. Garcia. (rg) (ju). (Entered: 07/28/2020)	July 28, 2020	July 28, 2020 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 28, 2020	July 28, 2020 PACER
30	SUPPLEMENTAL ADVISORY TO THE COURT by Ruth R. Hughs. (Sweeten, Patrick) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 RECAP
31	PLAINTIFF'S RESPONSE to 30 Advisory to the Court by DCCC, DSCC, Texas Democratic Party. (Nkwonta, Uzoma) (Entered: 08/03/2020)	Aug. 3, 2020	Aug. 3, 2020 PACER
32	ANSWER to 25 Amended Complaint by Ruth R. Hughs.(Sweeten, Patrick) (Entered: 08/03/2020)	Aug. 3, 2020	Aug. 3, 2020 PACER
33	MOTION to Abstain by Ruth R. Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
34	ORDERED, that Defendants original deadline of July 30, 2020 is extendedthree weeks, and Defendant must file her response to Plaintiffs motion for preliminary injunction on or before August 20, 2020. Plaintiffs must file their reply on or before August 27, 2020. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
	Text Order GRANTING 26 Opposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Application for Preliminary Injunction and Brief in Support by DCCC, DSCC, Texas Democratic Party entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)	Aug. 11, 2020	Aug. 11, 2020 PACER
35	Application for Preliminary Injunction and Brief in Support filed by DCCC, DSCC, Texas Democratic Party. (Attachments: # 1 Appendix, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration, # 7 Exhibit Declaration, # 8 Proposed Order)(wg) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 PACER
	Order on Motion for Leave to File Excess Pages	Aug. 11, 2020	Aug. 11, 2020 PACER
36	Appeal of Order entered by District Judge 24 by Ruth R. Hughs. (Sweeten, Patrick) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020 Clearinghouse
	NOTICE OF INTERLOCUTORY APPEAL as to 24 Order,, Terminate Motions, by Ruth R. Hughs. 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 (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. (wg)	Aug. 14, 2020	Aug. 14, 2020 PACER
	Notice of Appeal - Interlocutory	Aug. 14, 2020	Aug. 14, 2020 PACER
37	PLAINTIFF'S RESPONSE In Opposition to 33 MOTION to Abstain by DCCC, DSCC, Texas Democratic Party. (Nkwonta, Uzoma) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020 PACER
38	ADVISORY TO THE COURT by Ruth R. Hughs. (Sweeten, Patrick) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020 PACER
39	PLAINTIFF'S RESPONSE to 38 Advisory to the Court by DCCC, DSCC, Texas Democratic Party. (Nkwonta, Uzoma) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
40	RESPONSE to Plaintiffs' Filing Regarding Interlocutory Appeal to 39 Response by Ruth R. Hughs. (Sweeten, Patrick) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
41	ADVISORY TO THE COURT by DCCC, DSCC, Texas Democratic Party. (Nkwonta, Uzoma) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
42	ORDER, that the Court declines to exercise jurisdiction while this matter is on Appeal. Plaintiff may, of course, make the same argument regarding the frivolous nature of the Secretary's Appeal to the Fifth Circuit. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 RECAP
43	TRANSCRIPT REQUEST by Ruth R. Hughs. Proceedings Transcribed: None.. (Sweeten, Patrick) Modified TEXT on 9/11/2020 (dtg).*NO HEARINGS.* (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
44	ORDER of USCA (certified copy). re 24 Notice of Appeal - Interlocutory.*The motion for summary affirmance is DENIED. The motion to dismiss the Secretarys appeal as frivolous is DENIED.* (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 09/14/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
	Certification of the Electronic Record on Appeal USCA #20-50667 has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory,,. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (nm)	Sept. 17, 2020	Sept. 17, 2020 PACER
	Appeal Record Accepted and Available Electronically	Sept. 17, 2020	Sept. 17, 2020 PACER
45	ORDER ADMINISTRATIVELY CLOSING CASE, This case is currently before the Fifth Circuit on interlocutory appeal. The case will be administratively closed during the pendency of the appeal and may be reopened upon receipt of aruling by the Fifth Circuit or the filing of a motion by any party. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 01/15/2021)	Jan. 15, 2021	Jan. 15, 2021 PACER
46	Certified copy of USCA JUDGMENT/MANDATE Remanding 36 Notice of Appeal - Interlocutory, filed by Ruth R. Hughs, 36 Notice of Appeal (E-Filed) filed by Ruth R Hughs.*This cause was considered on the record on appeal and was argued by counsel. IT IS ORDERED and ADJUDGED that the judgment of the District Court is REVERSED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that plaintiffs-appellees pay to defendant-appellant the costs on appeal to be taxed by the Clerk of this Court.* (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 06/28/2021) 1 TRANSMITTAL LETTER FROM USCA5 View on PACER	June 28, 2021	June 28, 2021 RECAP
47	ORDER, Pursuant to the Fifth Circuits opinion, judgment, and mandate filed on June 28, 2021, the claims in this case are DISMISSED for lack of subject matter jurisdiction. Plaintiffs shall pay the costs on appeal taxed by the Clerk of the Court for the Fifth Circuit to the extent they have notalready done so. Docket no. 46. This case is closed. re 46 USCA Judgment/Mandate. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 RECAP

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