Case: Coca v. Dodge City, Kansas, City of

6:22-cv-01274 | U.S. District Court for the District of Kansas

Filed Date: Dec. 15, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, two Latino voters claimed that the at-large election system in Dodge City, Kansas, keeps Latine candidates out of office. The Dodge City Commission uses an at-large election system that allows citizens to vote for any candidate on the five-seat commission. The current method selects winners based on the total number of votes they receive instead of selecting single winners from geographic districts. The plaintiffs, Latino citizens who are registered voters in Dodge City, alleged t…

In this case, two Latino voters claimed that the at-large election system in Dodge City, Kansas, keeps Latine candidates out of office. The Dodge City Commission uses an at-large election system that allows citizens to vote for any candidate on the five-seat commission. The current method selects winners based on the total number of votes they receive instead of selecting single winners from geographic districts. The plaintiffs, Latino citizens who are registered voters in Dodge City, alleged that the at-large system dilutes the voting power of the Latine community. Both plaintiffs lived in majority-Latine areas, which could be drawn into single-member commission districts. On December 15, 2022, the plaintiffs filed an initial complaint in the United States District Court for the District of Kansas. The plaintiffs are represented by the national ACLU, the ACLU of Kansas, the UCLA Voting Rights Project, Cleary Gottlieb Steen & Hamilton, and Fuqua Law & Policy. The matter was assigned to United States Magistrate Judge Rachel E. Schwartz and United States Magistrate Judge Eric F. Melgren. 

Pursuant to 42 U.S.C. § 1983, the plaintiffs sued the City of Dodge City, the Dodge City Commission, and the mayor, vice-mayor and Dodge City Commissioners in their official capacities. First, the plaintiffs alleged the defendants violated Section 2 of the Voting Rights Act.  The complaint stated that by diluting the voting strength of the Latine community in Dodge City and Kansas, the at-large method of election denied or abridged the plaintiffs’ right to vote on account of their race, color, or ethnicity. Additionally, the plaintiffs claimed that the election system did not afford them an equal opportunity to participate in the political process and elect representatives of their choice, denying them the right to vote in elections without distinction of race or color under 52 U.S.C. § 10301. The plaintiffs also raised a claim under the Equal Protection Clause of the Fourteenth Amendment, alleging that the at-large method of election discriminates against them on the basis of race and national origin. Finally, the plaintiffs argued that the at-large system impermissibly discriminates against the plaintiffs on the basis of race and national origin in violation of the Fifteenth Amendment. 

No Latine-preferred candidates have been elected to the Dodge City Commission since 2000, despite the rapid growth of the Hispanic population. Over the past twenty years, the Hispanic population in Dodge City has increased, while the White population has only decreased. The Hispanic population comprises 63.9 percent of the city’s total population, according to the 2020 Census. Meanwhile, the White population comprises only 29.3 percent of the city’s total population. The plaintiffs maintained that racially-polarized elections in Dodge City and Ford County contributed to the repeated losses of Latine-preferred candidates. They also pointed to suppressive election administrative practices, including closing various polling locations across Ford County and moving the county’s single polling location to a more rural area in the 2018 election. The plaintiffs argued that these practices disproportionately affected the Latine community, who rely on public transportation at higher rates than the city’s non-Latine voters.

 According to the complaint, the totality of the circumstances underscored that Latine voters in Dodge City have less opportunity than others to participate in the political process and elect their candidates of choice. The plaintiffs provided numerous statistics to support their argument that Latine individuals bear the socioeconomic effects of discrimination in a way that increases voting costs. For example, 17.9 percent of the Hispanic population in Dodge City lived below the poverty line in 2021, compared to 6.9 percent of White residents. Furthermore, the city’s Hispanic population faced higher rates of unemployment compared to the White population.

The plaintiffs sought a declaratory judgment finding the at-large method of election for the Dodge City Commission illegally and unconstitutionally diluted the voting strength of Latine voters in Dodge City; violated Section 2 of the Voting Rights Act; violated the Fourteenth Amendment; violated the Fifteenth Amendment; and that the election system was unlawful and null and void.

The plaintiffs also sought an injunction permanently enjoining the defendants from calling, holding, supervising or certifying any elections for the commission under the at-large method of election. They requested an order requiring Dodge City to adopt a district-based method of election for the Dodge City Commission, in addition to holding elections during even-numbered years. Currently, elections for the Dodge City Commission take place in odd-number years, when voter turnout is considered to be lower than in even-numbered years. 

Additionally, the plaintiffs asked that the court set a reasonable deadline for the defendants to enact or adopt a redistricting plan for the Dodge City Commission that does not dilute or minizine the voting strength of Latine volters. If the defendants failed to enact such a plan, the plaintiffs wanted the court to order a new redistricting plan for the commission.

Finally, the plaintiffs sought reasonable attorneys’ fees and court costs.

On January 3, 2023, the plaintiffs filed an amended complaint that did not differ significantly from the initial filing. 

The parties appeared before a mediator in a settlement conference on February 8, 2023. But after a half-day of negotiations, the parties failed to reach a settlement agreement. The case is ongoing. 

 

Summary Authors

Alanna Autler (3/5/2023)

Documents in the Clearinghouse

Document
1

6:22-cv-01274

Complaint for Declaratory and Injunctive Relief

Coca v. City of Dodge City

Dec. 15, 2022

Dec. 15, 2022

Complaint
30

6:22-cv-01274

Amended Complaint for Declaratory and Injunctive Relief

Coca v. City of Dodge City

Jan. 4, 2023

Jan. 4, 2023

Complaint
55

6:22-cv-01274

ADR Report

Coca v. Dodge City, Kansas

Feb. 13, 2023

Feb. 13, 2023

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66654421/coca-v-dodge-city-kansas-city-of/

Last updated March 9, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-5940030.), filed by Alejandro Rangel-Lopez, Miguel Coca. (Brett, Sharon) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

Clearinghouse
2

CIVIL COVER SHEET by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (Brett, Sharon) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)

Dec. 16, 2022

Dec. 16, 2022

PACER

SUMMONS ISSUED as to Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh)

Dec. 16, 2022

Dec. 16, 2022

PACER
3

MOTION to Expedite Rule 16 Pretrial Conference by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez (referred to Magistrate Judge Rachel E. Schwartz) (Brett, Sharon) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
4

MOTION to Expedite Briefing on ECF 3 Motion for Rule 16 Pretrial Conference by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez (referred to Magistrate Judge Rachel E. Schwartz) (Brett, Sharon) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER

Notice of Judge Assignment

Dec. 16, 2022

Dec. 16, 2022

PACER

Summons Issued

Dec. 16, 2022

Dec. 16, 2022

PACER
5

ORDER denying as premature and without prejudice 3 Motion to Expedite Rule 16 Pretrial Conference & 4 Motion to Expedite Briefing. Although summonses were issued for all Defendants on December 16, 2022, neither the docket nor Plaintiffs' motions reflect that Plaintiffs have served any Defendant in this lawsuit or that any Defendant has appeared in this lawsuit. Despite this lack of service and appearance, Plaintiffs' motion to expedite asks the Court to order expedited briefing from entities that have neither been served nor appeared in this litigation. While Plaintiffs' cited cases stand for the proposition that the Court has inherent power to control its docket, none of the cases hold that the Court can or should order expedited briefing or conduct a Rule 16 Conference before any defendant has been served or appeared. Plaintiffs' motions are denied as premature and without prejudice to refile, as appropriate. Signed by Magistrate Judge Rachel E. Schwartz on 12/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER

Order on Motion to Expedite AND Order on Motion to Expedite

Dec. 19, 2022

Dec. 19, 2022

PACER
6

SUMMONS RETURNED EXECUTED -- Personal Service by Alejandro Rangel-Lopez, Miguel Coca upon All Defendants City of Dodge City, Dodge City City Commission, E. Kent Smoll, Michael Burns, Rick Sowers, Chuck Taylor, Joseph Nuci (Brett, Sharon) (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

PACER
7

MOTION for attorney Sophia Lakin to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5944596.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Sophia Lakin in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Sophia Lakin)(Brett, Sharon) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
8

MOTION for attorney Jonathan Topaz to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5944626.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Jonathan Topaz in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Jonathan Topaz)(Brett, Sharon) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
9

MOTION for attorney Abena Mainoo to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5944756.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Abena Mainoo in Support of Motion to Appear Pro Hac Vice, # 2 ECF Registration Form for Abena Mainoo)(Brett, Sharon) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
10

MOTION for attorney JD Colavecchio to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5944759.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of JD Colavecchio in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for JD Colavecchio)(Brett, Sharon) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
11

ORDER granting 7 Motion to Appear Pro Hac Vice of Sophia Lin Lakin for Miguel Coca, Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting 8 Motion to Appear Pro Hac Vice of Jonathan Topaz for Miguel Coca, Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/21/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
12

MOTION for attorney Jonathan I. Blackman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5945113.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Jonathan I. Blackman in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Jonathan I. Blackman)(Brett, Sharon) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
13

RENEWED MOTION to Expedite Rule 16 Pretrial Conference by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Brett, Sharon) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
14

RENEWED MOTION to Expedite Briefing on ECF 13 Motion for Rule 16 Pretrial Conference by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
15

MOTION for attorney Sonni Waknin to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5945333.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Sonni Waknin in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Sonni Waknin)(Brett, Sharon) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
16

MOTION for attorney Bernadette Samson Reyes to appear pro hac vice Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5945336.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Bernadette Reyes in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Bernadette Reyes)(Brett, Sharon) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
17

MOTION for attorney Chad W. Dunn to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5945361.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Chad Dunn in Support of Motion for Leave to Appear Pro Hac Vice, # 2 Affidavit for Chad Dunn)(Brett, Sharon) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
18

ORDER granting 12 Motion to Appear Pro Hac Vice of Jonathan I. Blackman for plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kas) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
19

ORDER granting 9 Motion to Appear Pro Hac Vice of Abena Mainoo or Plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
20

ORDER granting 10 Motion to Appear Pro Hac Vice of JD Colavecchio for Plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
21

ORDER granting 15 Motion to Appear Pro Hac Vice of Sonni Waknin for Plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
22

ORDER granting 17 Motion to Appear Pro Hac Vice of Chad W. Dunn or Plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
23

ORDER granting 16 Motion to Appear Pro Hac Vice of Bernadette Samson Reyes for Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
24

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for January 13, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 1/6/2023. Rule 26 Initial Disclosures Deadline set for 1/9/2023. Proposed Scheduling Order Deadline 1/9/2023. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (drk) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
25

ORDER denying as moot 13 Renewed Motion to Expedite Rule 16 Pretrial Conference & 14 Renewed Motion to Expedite Briefing. The docket reflects Plaintiffs have served Defendants 6 and Plaintiffs' counsel has communicated with Defendants' counsel regarding scheduling in this case. Today, the Court entered an Initial Order Regarding Planning and Scheduling, which sets this matter for an expedited scheduling conference. Plaintiffs' renewed motions are therefore denied as moot. Signed by Magistrate Judge Rachel E. Schwartz on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Dec. 22, 2022

Dec. 22, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 22, 2022

Dec. 22, 2022

PACER

Order on Motion to Expedite AND Order on Motion to Expedite

Dec. 22, 2022

Dec. 22, 2022

PACER
26

ENTRY OF APPEARANCE by Anthony F. Rupp on behalf of All Defendants. (Rupp, Anthony) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
27

ENTRY OF APPEARANCE by Sarah Elizabeth Stula on behalf of All Defendants. (Stula, Sarah) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
28

ENTRY OF APPEARANCE by Clayton J. Kaiser on behalf of Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor. (Kaiser, Clayton) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
29

ENTRY OF APPEARANCE by Tara S. Eberline on behalf of All Defendants (Eberline, Tara) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
30

AMENDED COMPLAINT against All Defendants, filed by Alejandro Rangel-Lopez, Miguel Coca.(Brett, Sharon) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

Clearinghouse
31

NOTICE OF SERVICE by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor of Rule 26(a) Initial Disclosures (Eberline, Tara) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
32

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' Rule 26(a) Initial Disclosures (Brett, Sharon) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
33

MOTION for attorney Elizabeth R. Baggott to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5955689.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Elizabeth R. Baggott in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Elizabeth R. Baggott)(Brett, Sharon) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
34

MOTION for attorney Mijin Kang to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5955697.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Mijin Kang in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Mijin Kang)(Brett, Sharon) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
35

ORDER granting 33 Motion to Appear Pro Hac Vice of Elizabeth R. Baggott for Miguel Coca, Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting 34 Motion to Appear Pro Hac Vice of Mijin Kang for Miguel Coca, Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 1/10/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
36

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' First Set of Requests for Production of Documents (Brett, Sharon) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Jan. 10, 2023

Jan. 10, 2023

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor (Eberline, Tara) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
38

MEMORANDUM IN SUPPORT of 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B)(Rupp, Anthony) (Entered: 01/11/2023)

1 Exhibit List

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Jan. 11, 2023

Jan. 11, 2023

PACER
39

MOTION for attorney Scott Fuqua to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5958513.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Scott Fuqua in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Scott Fuqua)(Brett, Sharon) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
40

ORDER granting 39 Motion to Appear Pro Hac Vice of Scott T. Fuqua for Plaintiffs Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 1/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
41

MINUTE ENTRY for proceedings held before Magistrate Judge Rachel E. Schwartz: SCHEDULING CONFERENCE held on 1/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 13, 2023

Jan. 13, 2023

PACER

Scheduling Conference

Jan. 13, 2023

Jan. 13, 2023

PACER
42

TRANSCRIPT of Telephone Scheduling Conference held January 13, 2023 before Judge Rachel E. Schwartz, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Abena Mainoo. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Release of Transcript Restriction set for 4/19/2023. (kg) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
43

CERTIFICATE OF SERVICE of Request for Production of Documents, Interrogatories and Request for Admission to Plaintiff's Coca and Rangel-Lopez by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers. (Stula, Sarah) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

RECAP
44

SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 1/25/2023. Discovery deadline 7/31/2023. Proposed Pretrial Order due by 8/11/2023. Final Pretrial Conference set for August 29, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Dispositive motion deadline 9/22/2023. Jury Trial set for February 27, 2024, at 9:00 a.m. in Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Estimated trial time 4-6 days. Signed by Magistrate Judge Rachel E. Schwartz on 01/20/2023. (drk) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
45

Joint Motion Requesting Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on January 19, 2023. (referred to Magistrate Judge Rachel E. Schwartz) (bh) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
46

ORDER granting Parties' Joint Motion for a Protective Order (ECF No. 45). The Court grants the motion and enters the parties' proposed protective order. Signed by Magistrate Judge Rachel E. Schwartz on 1/24/2023. (bh) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

Clearinghouse

Protective Order

Jan. 24, 2023

Jan. 24, 2023

PACER
47

JOINT MEDIATION NOTICE - Mediation to be held 2/8/23 by Miguel Coca, Alejandro Rangel-Lopez (Brett, Sharon) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

Clearinghouse
48

RESPONSE by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez re 37 Motion to Dismiss for Failure to State a Claim (Brett, Sharon) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
49

Joint Motion for Entry of an ESI Protocol. On January 31, 2023, the parties jointly submitted their proposed ESI Protocol to the Magistrate Judge's chambers via email, requesting that the Court adopt the ESI Protocol as its order. (referred to Magistrate Judge Rachel E. Schwartz) (bh) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER
50

ORDER granting Joint Motion for Entry of an ESI Protocol (ECF No. 49). The Court grants the motion and enters the parties' proposed ESI Protocol with minor modifications, which the Court has communicated to the parties via email on February 1, 2023. Signed by Magistrate Judge Rachel E. Schwartz on 2/3/2023. (bh) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
51

NOTICE OF SERVICE by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor of Rule 26(a) Documents (Eberline, Tara) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
52

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Documents Described in Plaintiffs' Rule 26(a) Initial Disclosures (Brett, Sharon) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP

Order

Feb. 3, 2023

Feb. 3, 2023

PACER
53

NOTICE OF SERVICE by Dodge City, Kansas, City of of Defendants Responses to Plaintiff First Set of Request for Production (Stula, Sarah) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

RECAP
54

STATEMENT re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Statement of Interest by Amicus United States of America. (Stewart, Michael) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
55

ADR REPORT by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor. ADR session held on February 8, 2023 and conducted by Hon. Deanell Tacha (Ret.). Results of ADR: Case did not settle. Status of litigation at time of ADR: Partial Discovery. (Eberline, Tara) (Entered: 02/13/2023)

Feb. 13, 2023

Feb. 13, 2023

Clearinghouse
56

REPLY TO RESPONSE TO MOTION by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor re: 37 Motion to Dismiss for Failure to State a Claim (Rupp, Anthony) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

RECAP
57

NOTICE OF CHANGE OF FIRM NAME OR ADDRESS by Sharon Brett (Brett, Sharon) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

RECAP
58

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories, Requests for Production, and Requests for Admission (Brett, Sharon) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
59

MOTION for Leave to file A REPLY TO THE STATEMENT OF INTEREST BY THE UNITED STATES by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor (Rupp, Anthony) Modified on 2/27/2023 to remove referral information (sz). (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER

Order on Motion for Leave to File

Feb. 24, 2023

Feb. 24, 2023

PACER

Motions No Longer Referred

Feb. 24, 2023

Feb. 24, 2023

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 59 MOTION for Leave to file A REPLY TO THE STATEMENT OF INTEREST BY THE UNITED STATES. The motion will be resolved by the District Judge.(bh)

Feb. 24, 2023

Feb. 24, 2023

PACER
60

ORDER granting 59 Motion for Leave to File a RESPONSE (not Reply) to Statement of Interest by the United States. Signed by Chief District Judge Eric F. Melgren on 2/24/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
61

MOTION for Leave to File a Reply to Defendants' Response to the United States' Statement of Interest by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (Attachments: # 1 Plaintiffs' Reply to Defendants' Response to the United States' Statement of Interest)(Brett, Sharon) (Entered: 02/27/2023)

1 Plaintiffs' Reply to Defendants' Response to the United States'

View on RECAP

Feb. 27, 2023

Feb. 27, 2023

RECAP
62

RESPONSE by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor re 54 Statement of Interest. (Rupp, Anthony) Modified on 2/28/2023 to re-link. (mam) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER

Motions No Longer Referred

Feb. 28, 2023

Feb. 28, 2023

PACER

Order on Motion for Leave to File

Feb. 28, 2023

Feb. 28, 2023

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 61 MOTION for Leave to file Reply to Defendants' Response to the United States' Statement of Interest. The motion will be resolved by the District Judge.(bh)

Feb. 28, 2023

Feb. 28, 2023

PACER
63

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Subpoena Duces Tecum to Ford County Clerk Debbie Cox. (Attachments: # 1 Affidavit Proof of Service)(Brett, Sharon) (Entered: 02/28/2023)

1 Affidavit Proof of Service

View on PACER

Feb. 28, 2023

Feb. 28, 2023

PACER
64

ORDER granting 61 Motion for Leave to File. Signed by Chief District Judge Eric F. Melgren on 2/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
65

REPLY to 62 Response by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor re 54 Statement of Interest by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (Brett, Sharon) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
66

NOTICE by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor of taking videotaped deposition of Alejandro Rangel-Lopez on 4/24/2023.(Rupp, Anthony) Modified on 3/13/2023 to re-title, wrong event type used. (mam) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

PACER
67

NOTICE by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor of taking videotaped deposition of Miguel Coca on 4/25/2023. (Rupp, Anthony) Modified on 3/13/2023 to re-title, wrong event type used. (mam) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

PACER
68

MOTION for attorney Luis Manuel Rico Roman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6019295.) by Plaintiffs Miguel Coca, Alejandro Rangel-Lopez. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: # 1 Affidavit of Luis Manuel Rico Roman in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form for Luis Manuel Rico Roman)(Brett, Sharon) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER
69

ORDER granting 68 Motion to Appear Pro Hac Vice of Luis Manuel Rico Roman for Miguel Coca and Alejandro Rangel-Lopez pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 3/24/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER

Order on Motion to Appear Pro Hac Vice

March 24, 2023

March 24, 2023

PACER
70

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' Second Set of Requests for Production of Documents. (Brett, Sharon) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
71

MEMORANDUM AND ORDER granting in part and denying in part 37 Motion to Dismiss for Failure to State a Claim. See Order for details. Signed by Chief District Judge Eric F. Melgren on 4/18/2023. (sz) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

RECAP
72

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' Supplemental Responses and Objections to Defendant's First Set of Interrogatories and Plaintiffs' Supplemental Rule 26(a)(1) Initial Disclosures. (Brett, Sharon) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
73

NOTICE OF SERVICE by Miguel Coca, Alejandro Rangel-Lopez of Plaintiffs' Additional Request for Production of Documents (Brett, Sharon) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
74

NOTICE OF SERVICE by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor of Defendants Responses to Plaintiffs Second Set of Requests for Production (Stula, Sarah) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
75

NOTICE OF INTENT TO ISSUE SUBPOENA by Miguel Coca, Alejandro Rangel-Lopez Subpoena to be issued to: Cherise Tieben (Attachments: # 1 Subpoena to Cherise Tieben)(Brett, Sharon) (Entered: 04/28/2023)

1 Subpoena to Cherise Tieben

View on PACER

April 28, 2023

April 28, 2023

PACER
76

NOTICE OF INTENT TO ISSUE SUBPOENA by Miguel Coca, Alejandro Rangel-Lopez Subpoena to be issued to: Sharon Seibel (Attachments: # 1 Subpoena to Sharon Seibel)(Brett, Sharon) (Entered: 04/28/2023)

1 Subpoena to Sharon Seibel

View on PACER

April 28, 2023

April 28, 2023

PACER
77

NOTICE OF INTENT TO ISSUE SUBPOENA by Miguel Coca, Alejandro Rangel-Lopez Subpoena to be issued to: Sharon Seibel (Attachments: # 1 Exhibit A (Subpoena))(Brett, Sharon) (Entered: 04/30/2023)

1 Exhibit A (Subpoena)

View on PACER

April 30, 2023

April 30, 2023

PACER
78

Joint ANSWER to 30 Amended Complaint by Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor.(Rupp, Anthony) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

RECAP

Motions No Longer Referred

May 2, 2023

May 2, 2023

PACER
79

MOTION TO AMEND AND CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND to Stay Case re 71 Order on Motion to Dismiss for Failure to State a Claim by Defendants Michael Burns, Dodge City, Kansas, City Commission of, Dodge City, Kansas, City of, Joseph Nuci, E. Kent Smoll, Rick Sowers, Chuck Taylor (Rupp, Anthony). Added MOTION for Order on 5/3/2023 and updated text to reflect the title of second motion in the document. (jal) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Election/Voting Rights

Election/Voting Rights

Key Dates

Filing Date: Dec. 15, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Latino citizens of Dodge City, Kansas, who are registered voters.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Dodge City (Dodge City, Ford), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Equal Protection

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Disparate Impact

Voting:

Voting: General & Misc.

Challenges to at-large/multimember district/election

Election administration

Redistricting/district composition

Vote dilution

Discrimination-basis:

Race discrimination

National Origin/Ethnicity:

Hispanic