Case: Johnson v. Callanen

5:22-cv-00409 | U.S. District Court for the Western District of Texas

Filed Date: April 27, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Three blind Texas voters and two organizational plaintiffs, National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed suit to assert their rights to accessible absentee ballots in order for people who cannot mark or sign a paper ballot to be able to vote privately and independently. The plaintiffs were represented by Disability Rights Texas (the Texas protection and advocacy system) and private counsel. The case was filed on April 27, 2022 in federal court i…

Three blind Texas voters and two organizational plaintiffs, National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed suit to assert their rights to accessible absentee ballots in order for people who cannot mark or sign a paper ballot to be able to vote privately and independently. The plaintiffs were represented by Disability Rights Texas (the Texas protection and advocacy system) and private counsel. The case was filed on April 27, 2022 in federal court in the Western District of Texas against defendants Bexar County and its elections administrator raising claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Judge Xavier Rodriguez presided.

Under Texas law, voters have the right to “vote in secret and free from intimidation[.]” TEX. ELEC. CODE § 62.0115(b)(2). To vote absentee in Bexar County, an eligible voter must complete and submit a paper ballot. Even though an electronic ballot, called “MOVE Edge,” is available for military and overseas voters, this option was not made available to plaintiffs or other Texans with print disabilities.

Plaintiffs moved for a preliminary injunction, which was denied on July 7, 2022.  2022 WL 2541357.  In its order denying Plaintiffs' requested relief, the Court held that Title II of the ADA entitles Plaintiffs to request a reasonable modification that will allow them to vote on their own; however, Plaintiffs did not describe with specificity how the electronic voting system provided to military and overseas voters operated, and thus could not demonstrate that print-disabled voters would be able to access, complete, and submit their electronic ballot privately and independently. The court granted Plaintiffs leave to file a second motion for a preliminary injunction that fully explains whether and how the requested modification is reasonable once the parties engaged in a “flexible, interactive process.”

Plaintiffs filed a second motion for preliminary injunction, in which they asked the court for an order which directs Bexar County to implement a county-wide accessible electronic ballot system to enable voters with vision and print disabilities to cast their ballots in the November 2022 general election. On October 20, 2022, while their second motion for a preliminary injunction was pending, Plaintiffs sought leave to amend their motion to request to include, as alternative relief, a preliminary injunction requiring accessible MOVE Edge ballots solely for the named individual plaintiffs for the November 8, 2022 election.

On October 21, 2022, the court denied Plaintiffs’ second preliminary injunction motion. 2022 WL 14069015. Despite the fact that Plaintiffs provided the court with the information it sought about the MOVE Edge system, the court declined to address whether the proposed modification was reasonable or unduly burdensome. The court found that Plaintiffs’ requested county-wide relief was not in the public interest, in part because of the proximity to the election, citing the Purcell principle that courts should ordinarily not alter state election laws close to an election, as set forth in Purcell v. Gonzalez, 549 U.S. 1 (2006). The court did, however, grant relief to the three named plaintiffs, concluding that extending the MOVE Edge system would be a reasonable accommodation as to the three blind individuals, who submitted evidence as to how the system would enable them to vote privately and independently. 

The parties filed cross-motions for summary judgment on February 28, 2023.  On July 6, 2023, judge granted the plaintiffs a permanent injunction on their ADA claims. Beginning with the November 7, 2023 election, and for all future elections within the term of this Permanent Injunction, Defendants were required to ensure that an electronic remote accessible vote-by-mail system was available to blind voters in time for the start of absentee voting. The injunction was set to expire after four years. The court denied monetary damages under the ADA and denied the Section 504 claim.

The injunction is ongoing. 

Summary Authors

NDRN (1/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63269210/parties/johnson-v-callanen/


Judge(s)
Attorney for Plaintiff

Davis, Lia Sifuentes (Texas)

Hill, Eve Lynne (Texas)

Kelleher, Lauren J. (Texas)

Logan, William M. (Texas)

Attorney for Defendant

Bowen, Susan A. (Texas)

show all people

Documents in the Clearinghouse

Document
1

5:22-cv-00409

Complaint

April 27, 2022

April 27, 2022

Complaint
20

5:22-cv-00409

Order

June 21, 2022

June 21, 2022

Order/Opinion

608 F.Supp.3d 476

22

5:22-cv-00409

Order

July 7, 2022

July 7, 2022

Order/Opinion

610 F.Supp.3d 907

42

5:22-cv-00409

Order

Oct. 21, 2022

Oct. 21, 2022

Order/Opinion

2022 WL 14069015

60

5:22-cv-00409

Order

July 6, 2023

July 6, 2023

Order/Opinion

2023 WL 4374998

62

5:22-cv-00409

Permanent Injunctive Order

July 27, 2023

July 27, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63269210/johnson-v-callanen/

Last updated Aug. 10, 2025, 12:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 402 receipt number 0542-15974226), filed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(Murphy, Michael) (Entered: 04/27/2022)

1 Civil Cover Sheet

View on PACER

2 Exhibit 1

View on PACER

April 27, 2022

April 27, 2022

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Additional Summons)(Murphy, Michael) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
3

MOTION for Preliminary Injunction and Memorandum in Support by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Appendix, # 2 Proposed Order)(Murphy, Michael) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER

Case assigned to Judge Xavier Rodriguez. 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. (nm)

April 27, 2022

April 27, 2022

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (nm)

April 27, 2022

April 27, 2022

PACER
4

Summons Issued as to Bexar County, Texas, Jacquelyn F Callanen. (nm) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
5

Pro Hac Vice Letter to Eve L. Hill. (nm) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
6

Pro Hac Vice Letter to Lauren Kelleher. (nm) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
7

Pro Hac Vice Letter to Katherine A. Preston. (nm) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
8

Pro Hac Vice Letter to Jason P. Rudloff. (nm) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
9

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Eve L. Hill ( Filing fee $ 100 receipt number 0542-15977044) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
10

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Lauren J. Kelleher ( Filing fee $ 100 receipt number 0542-15977085) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER

Text Order GRANTING 9 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

April 28, 2022

April 28, 2022

PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

April 28, 2022

April 28, 2022

PACER

Case Assigned/Reassigned

April 28, 2022

April 28, 2022

PACER

To be Referred to SA Mag Judge

April 28, 2022

April 28, 2022

PACER

Order on Motion to Appear Pro Hac Vice

April 28, 2022

April 28, 2022

PACER
11

SUMMONS Returned Executed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. Bexar County, Texas served on 4/28/2022, answer due 5/19/2022. (Murphy, Michael) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
12

SUMMONS Returned Executed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. Jacquelyn F Callanen served on 4/28/2022, answer due 5/19/2022. (Murphy, Michael) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
13

MOTION to Dismiss by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

RECAP
14

ORDER Setting Hearing on 3 MOTION for Preliminary Injunction and Memorandum in Support, 13 MOTION to Dismiss : Motion Hearing set for 6/15/2022 10:30 AM before Judge Xavier Rodriguez,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
15

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 13 MOTION to Dismiss filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit A-Callanen Declaration from Simien v. Hughs)(Murphy, Michael) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
16

RESPONSE to Motion, filed by Bexar County, Texas, Jacquelyn F Callanen, re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Bowen, Susan) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
17

REPLY to Response to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Attachments: # 1 Exhibit 1-Hughs Mtn to Dismiss - Semien v. Hughs case, # 2 Exhibit 2-Ingram Depo Excerpts - Semien v. Hughs case, # 3 Exhibit 3-Hughs Oppn to Motion for Prelim Inj - Semien v. Hughs case, # 4 Exhibit 4-Callanen Depo Excerpts - Semien v. Hughs case)(Murphy, Michael) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
18

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Rachael E. Thompson ( Filing fee $ 100 receipt number 0542-16122420) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER

Text Order GRANTING 18 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

June 9, 2022

June 9, 2022

PACER

Order on Motion to Appear Pro Hac Vice

June 9, 2022

June 9, 2022

PACER
19

Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 6/15/2022 re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

PACER
20

ORDER GRANTING IN PART AND DENYING IN PART 13 Motion to Dismiss. Plaintiffs claim under Title II of the ADA may proceed. Plaintiffs claim under § 504 of the Rehabilitation Act is DISMISSED WITHOUT PREJUDICE. Plaintiffs may file an amended complaint if they believe that they can allege, in good faith, sufficient facts to state a plausible claim under § 504 of the Rehabilitation Act. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

Clearinghouse
21

MOTION for Leave to File Plaintiff's Supplemental Brief in Support of Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1)(Hill, Eve) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
22

ORDER MOOTING 21 Motion for Leave to File; DENYING 3 Motion for Preliminary Injunction Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

Clearinghouse
23

NOTICE of Attorney Appearance by Lucia Romano on behalf of Larry Johnson, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker (Romano, Lucia) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
24

Unopposed MOTION to Withdraw as Attorney by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Davis, Lia) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER

Text Order GRANTING 24 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. Lia Sifuentes Davis is withdrawn as counsel of record for Plaintiffs Larry Johnson, Amelia Pellicciotti, Wendy Walker, National Federation of the Blind of Texas, and the Coalition of Texans with Disabilities. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

Aug. 1, 2022

Aug. 1, 2022

PACER

Order on Motion to Withdraw as Attorney

Aug. 1, 2022

Aug. 1, 2022

PACER
25

ORDER AND ADVISORY--It is ORDERED that the Plaintiff(s) confer with the Defendant(s) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by September 8, 2022. The parties are hereby ORDERED to notify the Court whether or not they consent to Magistrate Judge jurisdiction no later than September 8, 2022. Signed by Judge Xavier Rodriguez. (nm) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
26

Unopposed MOTION for Leave to File First Amended Complaint by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1 - First Amended Complaint, # 2 Exhibit 2 - REDLINE of Complaint)(Hill, Eve) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER

Text Order GRANTING 26 Motion for Leave to File entered by Judge Xavier Rodriguez. The Clerk's Office is DIRECTED to file Plaintiffs' amended complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

Aug. 25, 2022

Aug. 25, 2022

PACER
27

1st AMENDED COMPLAINT against Bexar County, Texas, Jacquelyn F Callanen amending 1 Complaint,., filed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities.(wg) (Entered: 08/26/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER

Order on Motion for Leave to File

Aug. 25, 2022

Aug. 25, 2022

PACER
28

Scheduling Recommendations and Joint FCRP 26(f) report by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) Modified on 9/12/2022 to edit text (nm). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
29

SCHEDULING ORDER: Bench Trial set for 7/10/2023 10:30 AM before Judge Xavier Rodriguez, Final Pretrial Conference set for 6/29/2023 10:30 AM before Judge Xavier Rodriguez, ADR Mediation Completed by 2/28/2023, Amended Pleadings due by 9/19/2022, Discovery due by 1/31/2023, Joinder of Parties due by 9/19/2022, Dispositive Motions due by 2/28/2023,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
30

SHOW CAUSE ORDER--The Court ORDERS the parties to submit a Rule 26(f) Report, in compliance with this Courts previous order of August 11, 2022, no later than September 16, 2022. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
31

ORDER--The court hereby VACATES its order at ECF No. 30 as parties have submitted their Rule 26(f) Report re 30 Order to Show Cause. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
32

Consent MOTION to Extend Expert Designation Deadlines by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Proposed Order)(Hill, Eve) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER

Text Order GRANTING 32 Consent Motion to Extend Expert Designation Deadlines entered by Judge Xavier Rodriguez. Plaintiffs' deadline for designating experts is hereby extended to November 7, 2022. Defendants' deadline for designating experts is extended to December 7, 2022. The deadline for filing supplemental reports is extended to January 2, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sept. 30, 2022

Sept. 30, 2022

PACER

Order on Motion for Miscellaneous Relief

Sept. 30, 2022

Sept. 30, 2022

PACER
33

ANSWER to 27 Amended Complaint by Bexar County, Texas.(Bowen, Susan) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
34

STIPULATION (Joint) by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
35

MOTION for Preliminary Injunction and for Expedited Briefing and Consideration by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Hill, Eve) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
36

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas, ORDER Setting Hearing on 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration :( Motion Hearing set for 10/20/2022 04:00 PM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
37

ORDER RE-SETTING HEARING ON MOTION on 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration : Motion Hearing set for 10/19/2022 10:30 AM before Judge Xavier Rodriguez,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
38

RESPONSE to Motion, filed by Bexar County, Texas, Jacquelyn F Callanen, re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Bowen, Susan) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
39

Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 10/19/2022 re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 10/20/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
40

Opposed MOTION for Leave to File Motion to Amend Plaintiffs' Motion for Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Plaintiffs' Opposed Motion to Amend Motion for Preliminary Injunction, # 2 Proposed Order)(Hill, Eve) (Entered: 10/20/2022)

1 Plaintiffs' Opposed Motion to Amend Motion for Preliminary Injunction

View on PACER

2 Proposed Order

View on PACER

Oct. 20, 2022

Oct. 20, 2022

PACER

Text Order GRANTING 40 Opposed Motion for Leave to Amend Motion entered by Judge Xavier Rodriguez. Plaintiffs' Opposed Motion for Leave to Amend their Motion is granted. The Clerk is DIRECTED to file the proposed motion to amend attached as an exhibit to Plaintiffs' motion [40-1].(This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

Oct. 20, 2022

Oct. 20, 2022

PACER
41

MOTION to Amend Motion for Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (nm) (Entered: 10/21/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER

Order on Motion for Leave to File

Oct. 20, 2022

Oct. 20, 2022

PACER

Text Order GRANTING 41 Motion entered by Judge Xavier Rodriguez. Plaintiffs' motion to amend their motion for preliminary injunction 35 is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

Oct. 21, 2022

Oct. 21, 2022

PACER
42

ORDER--the Court DENIES Plaintiffs second motion for a preliminary injunction (ECF No. 35) to the extent that it seeks relief on behalf of all print-disabled voters in Bexar County. However, the relief requested in Plaintiffs amendment to their second motion for a preliminary injunction is GRANTED. Accordingly, Defendants are ORDERED to provide accessible MOVE Edge ballots to the three Individual PlaintiffsLarry Johnson, Wendy Walker, and Amelia Pellicciottito allow them to vote secretly and independently in the November 8, 2022 election. Signed by Judge Xavier Rodriguez. (nm) Modified on 10/24/2022 to identify as an opinion (kc). (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

Clearinghouse

Order on Motion for Miscellaneous Relief

Oct. 21, 2022

Oct. 21, 2022

PACER
43

STATUS REPORT by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
44

ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 1/12/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (nm) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
45

STATUS REPORT by Jacquelyn F Callanen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bowen, Susan) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
46

RESPONSE to Defendants' Status Report to 45 Status Report by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Declaration of Eve L. Hill, # 2 Exhibit 1 to Declaration of Eve L. Hill, # 3 Exhibit 2 to Declaration of Eve L. Hill, # 4 Exhibit 3 to Declaration of Eve L. Hill, # 5 Exhibit 4 to Declaration of Eve L. Hill, # 6 Exhibit 5 to Declaration of Eve L. Hill, # 7 Exhibit 6 to Declaration of Eve L. Hill, # 8 Exhibit 7 to Declaration of Eve L. Hill)(Hill, Eve) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
47

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 1/12/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
48

MOTION for Summary Judgment by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Murphy, Michael) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
49

MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief by Bexar County, Texas, Jacquelyn F Callanen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Bowen, Susan) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
50

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 49 MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Murphy, Michael) (Entered: 03/14/2023)

1

View on RECAP

2

View on RECAP

March 14, 2023

March 14, 2023

RECAP
51

RESPONSE TO 48 MOTION FOR SUMMARY JUDGMENT. (Bowen, Susan) Modified on 3/15/2023 (nm). (Entered: 03/14/2023)

March 14, 2023

March 14, 2023

RECAP

Notice of Correction:***TERMINATED MOTION AND CORRECTED DOCKET TEXT TO REFLECT RESEONSE TO 48 MOTION FOR SUMMARY JUDGMENT*** re 51 MOTION for Summary Judgment . (nm)

March 14, 2023

March 14, 2023

PACER

Notice of Correction

March 15, 2023

March 15, 2023

PACER
52

REPLY to Response to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 48 MOTION for Summary Judgment filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Murphy, Michael) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
53

Pretrial Disclosures -- Plaintiffs' Rule 26(a)(3) Disclosures by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
54

Pretrial Disclosures by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
55

SUPPLEMENT to 49 MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
56

RESPONSE in Opposition to 55 Supplement by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

RECAP
57

ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, (Status Conference set for 6/29/2023 10:30 AM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (nm) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
58

Advisory: for Permanent Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) Modified on 6/30/2023 to reflect the pleading is an advisory, not a motion (sf). (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER
59

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 6/29/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 06/30/2023)

June 29, 2023

June 29, 2023

PACER
60

ORDER GRANTING IN PART AND DENYING IN PART 48 Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 49 Motion for Summary Judgment Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

Clearinghouse
61

MOTION for Permanent Injunction [PROPOSED] by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Declaration to Vote by Mail Because of Blindness-Agreed)(Hill, Eve) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
62

PERMANENT INJUNCTIVE ORDER. Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

Clearinghouse
63

FINAL JUDGMENT--IT IS HEREBY ORDERED that Plaintiffs claim under Title II of the ADA, 42 U.S.C. §§ 12131 et seq is GRANTED, except that Plaintiffs claim for monetary damages under 42 U.S.C. § 12133 is DENIED. IT IS FURTHER ORDERED Plaintiffs claim under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, is DENIED. Plaintiffs may file an application for attorneys fees and a bill of costs with the Clerks Office within the time specified by the Local Rules. This case is CLOSED. Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
64

MOTION for Attorney Fees and Costs by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Hill Declaration and Exhibits, # 2 Exhibit B - Romano Declaration and Exhibits, # 3 Exhibit C - Murphy Declaration and Exhibits, # 4 Exhibit D - Bill of Costs, # 5 Proposed Order)(Murphy, Michael) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
65

MOTION for Extension of Time to File Response/Reply by Bexar County, Texas, Jacquelyn F Callanen. (Attachments: # 1 Proposed Order)(Bowen, Susan) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER

Order on Motion for Extension of Time to File Response/Reply

Aug. 28, 2023

Aug. 28, 2023

PACER

Text Order GRANTING 65 Unopposed Motion for Extension of Time to File Response entered by Judge Xavier Rodriguez. Defendant's deadline to respond to Plaintiff's Motion and Application for Attorneys' Fees 64 is hereby extended to September 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

Aug. 28, 2023

Aug. 28, 2023

PACER
66

MOTION to Stay by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

RECAP
67

Unopposed MOTION for Extension of Time to File, Unopposed MOTION for Leave to Exceed Page Limitation by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Proposed Order)(Hill, Eve) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER

Order on Motion for Extension of Time to File AND Order on Motion for Leave to File Excess Pages

Sept. 7, 2023

Sept. 7, 2023

PACER

Text Order GRANTING 67 Plaintiffs' Unopposed Motion to Extend Time for Filing and Increase Page Limit entered by Judge Xavier Rodriguez. Plaintiffs' deadline to file their Response to Defendants' Motion to Stay and Reply in support of their Motion and Application for Attorneys' Fees and Costs is extended to September 15, 2023. A page limit of 20 pages shall apply to that filing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

Sept. 7, 2023

Sept. 7, 2023

PACER
68

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 66 MOTION to Stay filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit A - Declaration of Eve L. Hill ISO Plaintiffs' Motion and Application for Attorneys' Fees and Costs, # 2 Exhibit B - 2022.06.07 S Fernandez Email)(Hill, Eve) (Entered: 09/15/2023)

1 Exhibit A - Declaration of Eve L. Hill ISO Plaintiffs' Motion and Applicati

View on PACER

2 Exhibit B - 2022.06.07 S Fernandez Email

View on PACER

Sept. 15, 2023

Sept. 15, 2023

PACER

Order on Motion to Stay

Sept. 15, 2023

Sept. 15, 2023

PACER

Text Order GRANTING 66 Motion to Stay Decision on Attorneys' Fees entered by Judge Xavier Rodriguez. The Court has the inherent authority to manage its docket, including the power to stay proceedings. Whole Woman's Health v. Hellerstedt, No. A-16-CA-1300-SS, 2017 WL 5649477, at *1 (W.D. Tex. Mar. 16, 2017). The Court GRANTS Defendants' Motion and will issue its decision on Plaintiffs' 64 Motion for Attorneys' Fees and Costs after the Defendants file the required reports with the Court following the upcoming November Election. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

Sept. 15, 2023

Sept. 15, 2023

PACER

Order on Motion for Attorney Fees

Oct. 3, 2023

Oct. 3, 2023

PACER

Text Order TERMINATING 64 Motion for Attorneys' Fees and Costs entered by Judge Xavier Rodriguez. The Court will stay consideration of Plaintiffs' Motion until after Defendants file the required reports following the upcoming November Election. The Court will then reopen the 64 Motion upon the filing of Defendants' advisory. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

Oct. 3, 2023

Oct. 3, 2023

PACER
69

MOTION -- Emergency Motion to Enforce re 62 Permanent Injunction, Terminate Motions by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Email_2023.09, # 2 Exhibit B - Email_2023.10, # 3 PROPOSED Order - Motion to Enforce Permanent Injunction)(Hill, Eve) (Entered: 10/06/2023)

1 Exhibit A - Email_2023.09

View on PACER

2 Exhibit B - Email_2023.10

View on PACER

3 PROPOSED Order - Motion to Enforce Permanent Injunction

View on PACER

Oct. 6, 2023

Oct. 6, 2023

PACER

Order on Motion for Miscellaneous Relief

Oct. 6, 2023

Oct. 6, 2023

PACER

Text Order TAKING UNDER ADVISEMENT 69 Plaintiffs' Emergency Motion to Enforce the Court's Permanent Injunction entered by Judge Xavier Rodriguez. Plaintiffs' motion is set for a hearing on Thursday, October 12, 2023 at 8:30 a.m. via Zoom. Defendants' shall file their response, if any, on or before Tuesday, October 10, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Oct. 6, 2023

Oct. 6, 2023

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 27, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three blind Texas voters and two organizational plaintiffs

Plaintiff Type(s):

EEOC Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bexar County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Discrimination Prohibition

Issues

Disability and Disability Rights:

Disability, unspecified

Voting:

Election administration