Case: Hoffard v. County of Cochise

4:20-cv-00243 | U.S. District Court for the District of Arizona

Filed Date: June 3, 2020

Closed Date: Nov. 2, 2022

Clearinghouse coding complete

Case Summary

This is a case about a disabled voter's right to be given public accommodations in order to vote.  On June 3, 2020, plaintiff, a registered Arizona voter with multiple physical disabilities that limit her ability to walk and stand, filed suit in the District Court of Arizona against Defendants, Cochise County and the Elections Director of Cochise County. Plaintiff filed an Amended Complaint on August 27, 2020 claiming that Defendants  discriminated against her on the basis of her disability due…

This is a case about a disabled voter's right to be given public accommodations in order to vote. 

On June 3, 2020, plaintiff, a registered Arizona voter with multiple physical disabilities that limit her ability to walk and stand, filed suit in the District Court of Arizona against Defendants, Cochise County and the Elections Director of Cochise County. Plaintiff filed an Amended Complaint on August 27, 2020 claiming that Defendants  discriminated against her on the basis of her disability due to its “blanket policy making curbside voting unavailable for individuals who may need it as a reasonable modification due to their disabilities.” Plaintiff claimed that the policy is in violation of Title II of ADA of 1990, which states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. The ADA further requires that public entities “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” 28 C.F.R. § 35.130(b)(7)(i).

Plaintiff also claimed that the policy violates (i) Section 504 of the Rehabilitation Act of 1973, which states that“[n]o otherwise qualified individual with a disability in the United States … shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a); 11 C.F.R. § 9420.3.; and (ii) Arizona Civil Rights Act, which requires compliance with Title II of the ADA and states that “it is unlawful to discriminate against a qualified individual with a disability in voting by reason of the disability” and requires that counties comply with such nondiscrimination mandate by taking actions including but not limited to “mak[ing] reasonable modifications to rules, policies or practices” A.R.S. 41-1421(B)-(C).

Plaintiff sought declaratory relief, as well as injunctive relief requesting that the Court, among other things (i) “preliminarily and permanently enjoin Defendants from implementing the blanket ban on curbside voting as a reasonable modification available for voters with disabilities in Cochise County”; and (ii) require Defendants to offer curbside voting “or a substantially equivalent modification that achieves the same purpose” as a reasonable modification as necessary (Dkt. 6, p. 15; see also Dkt. 14).

In response to the Amended Complaint, and in opposition to Plaintiff’s motion for injunctive relief, Defendants argued that their actions were not in violation of federal or state law. Defendants stated that the County is not legally required to provide curbside voting specifically, so long as voting is accessible and “reasonable modifications to rules, policies or practices” are made (Dkt. 11, p. 2). Defendants also noted that Cochise County citizens are offered various alternative methods “to exercise their right to vote and fully participate in the voting process”, such as (i) requesting an early ballot, (ii) asking to be placed on the Permanent Early Voting List, and (iii) voting in person at the Cochise County Recorder’s Office (Dkt. 11, pp. 2, 8).

The Court agreed and denied Plaintiff’s motion for preliminary injunction on October 22, 2020, noting that “Plaintiff cites no authority, and the Court is aware of none, that requires in-person voting to be available.” (Dkt. 23, p. 6, emphasis added).

After a lengthy period of discovery and settlement discussions, parties filed a stipulation of voluntary dismissal of Plaintiff’s claims against Defendants on November 1, 2022. Accordingly, the case was declared closed on November 2, 2022.

Summary Authors

Kirby Shilling (7/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17223194/parties/hoffard-v-cochise-county-of/


Judge(s)
Attorney for Plaintiff

Abela, Maya Stock (Arizona)

Daly-Rooney, Rose Ann (Arizona)

In, Tamaraingsey (Arizona)

Kramer, Meaghan Kathleen (Arizona)

Attorney for Defendant

Correa, Paul (Arizona)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

4:20-cv-00243

Complaint

Hoffard v. Cochise, County Of

June 3, 2020

June 3, 2020

Complaint
6

4:20-cv-00243

First Amended Complaint for Injunctive and Declaratory Relief

Hoffard v. Cochise, County Of

Aug. 27, 2020

Aug. 27, 2020

Complaint
11

4:20-cv-00243

Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive and Declaratory Relief

Hoffard v. Cochise, County Of

Sept. 21, 2020

Sept. 21, 2020

Pleading / Motion / Brief
12

4:20-cv-00243

Plaintiff's Response in Opposition to Defendants' Motion to Dismiss

Hoffard v. Cochise, County Of

Oct. 5, 2020

Oct. 5, 2020

Pleading / Motion / Brief
14

4:20-cv-00243

Plaintiff's Motion for Preliminary Injunction and Expedited Hearing

Hoffard v. Cochise, County Of

Oct. 5, 2020

Oct. 5, 2020

Pleading / Motion / Brief
17

4:20-cv-00243

Defendants' Reply to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss First Amended Complaint

Hoffard v. Cochise, County Of

Oct. 13, 2020

Oct. 13, 2020

Pleading / Motion / Brief
19

4:20-cv-00243

Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunction and Expedited Hearing

Hoffard v. Cochise, County Of

Oct. 19, 2020

Oct. 19, 2020

Pleading / Motion / Brief
21

4:20-cv-00243

Plaintiff's Reply in Support of Motion for Preliminary Injunction and Expedited Hearing

Hoffard v. Cochise, County Of

Oct. 21, 2020

Oct. 21, 2020

Pleading / Motion / Brief
22

4:20-cv-00243

Notice of Decision

Hoffard v. Cochise, County Of

Oct. 22, 2020

Oct. 22, 2020

Pleading / Motion / Brief
23

4:20-cv-00243

Order re: Plaintiff’s Motion for Preliminary Injunction and Expedited Hearing

Hoffard v. Cochise, County Of

Oct. 22, 2020

Oct. 22, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17223194/hoffard-v-cochise-county-of/

Last updated June 30, 2026, 6:40 a.m.

ECF Number Date Description Link
1 June 3, 2020

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18345584 filed by Kathleen Hoffard. (Daly-Rooney, Rose) (Attachments: # 1 Civil Cover Sheet)(SCA) (Entered: 06/04/2020)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 June 3, 2020

Filing fee paid, receipt number 0970-18345584. This case has been assigned to the Honorable James A. Soto. All future pleadings or documents should bear the correct case number: CV-20-00243-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) (Entered: 06/04/2020)

RECAP
July 15, 2020

Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 20-243-SHR.

July 15, 2020

Remark (Public)

July 15, 2020

Remark (Public)

3 Aug. 27, 2020

SUMMONS Submitted by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 08/27/2020)

RECAP
4 Aug. 27, 2020

SUMMONS Submitted by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 08/27/2020)

RECAP
5 Aug. 27, 2020

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Kathleen Hoffard . (Attachments: # 1 Exhibit Copy of 1st Amended Complaint with changes)(Daly-Rooney, Rose) (Entered: 08/27/2020)

RECAP
6 Aug. 27, 2020

AMENDED COMPLAINT 1st against All Defendants filed by Kathleen Hoffard.(Daly-Rooney, Rose) (Entered: 08/27/2020)

Clearinghouse
7 Aug. 27, 2020

Summons Issued as to Cochise, County of, Lisa Marra. (Attachments: # 1 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/27/2020)

RECAP
8 Sept. 1, 2020

SERVICE EXECUTED filed by Kathleen Hoffard: Proof of Service re: Summons, Notice of Filing and 1st Amended Complaint upon Cochise County on 8-31-2020. (Daly-Rooney, Rose) (Entered: 09/01/2020)

RECAP
9 Sept. 1, 2020

SERVICE EXECUTED filed by Kathleen Hoffard: Proof of Service re: Summons, Notice of Filing and 1st Amended Complaint upon Elections Director, Lisa Murra on 8-31-2020. (Daly-Rooney, Rose) (Entered: 09/01/2020)

RECAP
10 Sept. 21, 2020

NOTICE of Appearance by Christine Joyce Roberts on behalf of Cochise, County of, Lisa Marra. (Roberts, Christine) (Entered: 09/21/2020)

RECAP
11 Sept. 21, 2020

MOTION to Dismiss Case by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit)(Roberts, Christine) (Entered: 09/21/2020)

1 Exhibit

View on PACER

Clearinghouse
12 Oct. 5, 2020

RESPONSE in Opposition re: 11 MOTION to Dismiss Case Plaintiff's Response in Opposition to Defendants' Motion to Dismiss filed by Kathleen Hoffard. (Attachments: # 1 Exhibit)(Abela, Maya) (Entered: 10/05/2020)

Clearinghouse
13 Oct. 5, 2020

First MOTION for Leave to File Motion for Leave to Exceed Page Limit in Filing Motion for Preliminary Injunction by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(Kramer, Meaghan) (Entered: 10/05/2020)

RECAP
14 Oct. 5, 2020

First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(In, Tamaraingsey) (Entered: 10/05/2020)

1 Text of Proposed Order

View on PACER

Clearinghouse
15 Oct. 5, 2020

Additional Attachments to Main Document re: 14 First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing Exhibit 1 and Exhibit 2 by Plaintiff Kathleen Hoffard. (Attachments: # 1 Exhibit, # 2 Exhibit)(In, Tamaraingsey) (Entered: 10/05/2020)

RECAP
16 Oct. 6, 2020

ORDER GRANTING Plaintiff's 13 Motion for Leave to Exceed Page Limit in Filing Motion for Preliminary Injunction. Plaintiff's 14 Motion for Preliminary Injunction and Expedited Hearing is accepted. Defendants shall file their response to Plaintiff's 14 Motion for Preliminary Injunction and Expedited Hearing on or before 10/19/20. Signed by Judge Scott H Rash on 10/6/20. (BAC) (Entered: 10/06/2020)

RECAP
17 Oct. 13, 2020

REPLY to Response to Motion re: 11 MOTION to Dismiss Case First Amended Complaint filed by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit Declaration of Christine J Roberts ISO Reply to Plaintiffs Opposition to MTD, # 2 Text of Proposed Order Order re Motion to Dismiss Plaintiffs First Amended Complaint for Injunctive and Declaratory Relief)(Roberts, Christine) *Modified on 10/14/2020 to reflect correct filers (KAH). (Entered: 10/13/2020)

Clearinghouse
18 Oct. 19, 2020

First MOTION for Leave to File Excess Pages by Cochise, County of. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Leave to Exceed Page Limit)(Roberts, Christine) (Entered: 10/19/2020)

RECAP
19 Oct. 19, 2020

RESPONSE to Motion re: 14 First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing filed by Cochise, County of. (Attachments: # 1 Affidavit Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 2 Exhibit Exhibit A pt. 1 to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 3 Exhibit Exhibit A pt. 2 to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 4 Exhibit Exhibit B-D to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 5 Exhibit Exhibit E-I to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 6 Text of Proposed Order Proposed Order Denying Plaintiffs Motion for PI)(Roberts, Christine) (Entered: 10/19/2020)

1 Affidavit Declaration of Lisa Marra in Support of Defendants Resp in Opposition

View on PACER

2 Exhibit Exhibit A pt. 1 to Declaration of Lisa Marra in Support of Defendants Re

View on PACER

3 Exhibit Exhibit A pt. 2 to Declaration of Lisa Marra in Support of Defendants Re

View on PACER

4 Exhibit Exhibit B-D to Declaration of Lisa Marra in Support of Defendants Resp i

View on PACER

5 Exhibit Exhibit E-I to Declaration of Lisa Marra in Support of Defendants Resp i

View on PACER

6 Text of Proposed Order Proposed Order Denying Plaintiffs Motion for PI

View on PACER

Clearinghouse
20 Oct. 20, 2020

*ORDER GRANTING Defendants' 18 Motion for Leave to Exceed Page Limit in Filing Response in Opposition to Plaintiff's 14 Motion for Preliminary Injunction. Defendants' 19 Response in Opposition to Plaintiff's Motion for Preliminary Injunction and Expedited Hearing is accepted. Plaintiff shall file her reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction on or before 5:00 PM on 10/21/20. Signed by Judge Scott H Rash on 10/20/20. (BAC) *Modified to correct linkage on 10/20/2020 (BAC). (Entered: 10/20/2020)

RECAP
21 Oct. 21, 2020

*REPLY to Response to Motion re: 14 First MOTION for Leave to File Excess Pages Plaintiff's Reply in Support of Motion for Preliminary Injunction and Expedited Hearing filed by Kathleen Hoffard. (Attachments: # 1 Exhibit Exhibit A Declaration of Kevin K. Keene, # 2 Exhibit Exhibit B Declaration of Maura Hilser)(Daly-Rooney, Rose) *Modified to correct referenced motion on 10/22/2020 (BAC). (Entered: 10/21/2020)

Clearinghouse
22 Oct. 22, 2020

NOTICE re: Notice of Decision by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 10/22/2020)

Clearinghouse
23 Oct. 22, 2020

ORDER denying 14 Motion for Preliminary Injunction and Expedited Hearing. Signed by Judge Scott H Rash on 10/22/2020.(SHR, yh) (Entered: 10/22/2020)

Clearinghouse
24 March 1, 2021

ORDER: IT IS ORDERED the parties shall submit additional briefing addressing whether the Court should convert the 11 Motion to Dismiss to a motion for summary judgment; and any genuine issues of material fact. Defendants shall file their supplemental brief on or before 3/29/21; Plaintiff shall file her brief on or before 4/12/21; and Defendants shall file their reply on or before 4/19/21. Signed by Judge Scott H Rash on 2/26/21.(BAC) (Entered: 03/01/2021)

RECAP
25 March 29, 2021

RESPONSE BRIEF by Cochise, County of re 24 Order RE: Supplemental Briefing. (Attachments: # 1 Affidavit Statement of Facts)(Roberts, Christine) (Entered: 03/29/2021)

RECAP
26 March 29, 2021

STATEMENT OF FACTS re: 25 Brief - Response by Defendant Cochise, County of. (Roberts, Christine) (Entered: 03/29/2021)

RECAP
27 April 12, 2021

MOTION for Leave to File Excess Pages in Filing Supplemental Brief 24 by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(Daly-Rooney, Rose) (Entered: 04/12/2021)

RECAP
28 April 12, 2021

RESPONSE BRIEF by Kathleen Hoffard Plaintiff's Response to the Court's February 26, 2021 Order Requesting Supplemental Briefing. (Attachments: # 1 Text of Proposed Order)(Daly-Rooney, Rose) (Entered: 04/12/2021)

RECAP
29 April 14, 2021

ORDER GRANTING 27 Motion for Leave to File Excess Pages, and Plaintiff's 28 "Response to the Court's 2/26/21 Order Requesting Supplemental Briefing" is accepted. Signed by Judge Scott H Rash on 4/13/21. (BAC) (Entered: 04/14/2021)

RECAP
30 April 19, 2021

REPLY re: 28 Brief - Response to the Court's February 26, 2021 Order Requesting Supplemental Briefing by Defendant Cochise, County of. (Attachments: # 1 Text of Proposed Order Proposed Order on MSJ)(Roberts, Christine) (Entered: 04/19/2021)

RECAP
31 June 30, 2021

ORDER DENYING without prejudice 11 Defendants' Motion to Dismiss. Defendants shall file their answer to Plaintiff's 6 First Amended Complaint on or before 7/13/21. Signed by Judge Scott H Rash on 6/29/21. (BAC) (Entered: 06/30/2021)

Clearinghouse
32 July 13, 2021

Defendants ANSWER to 6 Amended Complaint with Jury Demand for Injunctive and Declaratory Relief by Cochise, County of, Lisa Marra.(Roberts, Christine) *Modified to add filer on 7/14/2021 (BAC). (Entered: 07/13/2021)

RECAP
33 July 16, 2021

ORDER Setting Scheduling Conference: IT IS ORDERED setting a telephonic Pretrial Case Management Conference for 9/10/21 at 10:00 am, before law clerk to Judge Scott H Rash. Parties shall file a Joint Case Management Report with the Court no later than 7 days prior to the Case Management Conference. (See attached PDF for complete information). Signed by Judge Scott H Rash on 7/15/21. (BAC) (Entered: 07/16/2021)

RECAP
34 Aug. 17, 2021

NOTICE of Appearance by Paul Correa on behalf of Cochise, County of, Lisa Marra. (Correa, Paul) (Entered: 08/17/2021)

RECAP
35 Aug. 31, 2021

NOTICE re: of Service of Initial Disclosure by Cochise, County of, Lisa Marra . (Roberts, Christine) (Entered: 08/31/2021)

RECAP
36 Aug. 31, 2021

NOTICE re: Service of Initial Disclosure Statement by Kathleen Hoffard . (Abela, Maya) (Entered: 08/31/2021)

RECAP
37 Sept. 3, 2021

REPORT of Joint Case Management by Plaintiff Kathleen Hoffard. (Attachments: # 1 Proposed Order Case Management order)(Daly-Rooney, Rose) (Entered: 09/03/2021)

RECAP
38 Sept. 3, 2021

STIPULATION by Kathleen Hoffard. (Attachments: # 1 Proposed Order Rule 502 Order, # 2 Proposed Order Protective Order)(Daly-Rooney, Rose) (Entered: 09/03/2021)

RECAP
39 Sept. 13, 2021

NOTICE re: Notice regarding number and hours of deposition testimony by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 09/13/2021)

RECAP
40 Sept. 21, 2021

SCHEDULING ORDER: Discovery due by 8/5/2022. Dispositive motions due by 9/2/2022. Joint Proposed Pretrial Order due by 9/9/2022. Joint Settlement Status Report due by 3/1/2022. Signed by Judge Scott H Rash on 09/20/2021. (See attached Order for complete information.)(SCA) (Entered: 09/21/2021)

RECAP
41 Sept. 28, 2021

Stipulated Rule 502 ORDER pursuant to 38 Stipulation: This order is entered pursuant to Rule 502(d) of the Federal Rules of Evidence and invokes the protections afforded by that Rule. (See attached PDF for complete information). Signed by Judge Scott H Rash on 9/27/21. (BAC) (Entered: 09/28/2021)

RECAP
42 Sept. 28, 2021

Stiplated PROTECTIVE ORDER: IT IS ORDERED Plaintiff Kathleen Hoffard and Defendants Cochise County, Arizona, and Lisa Marra, in her official capacity as Director of Cochise County Elections Department (each, a "Party," and collectively, the "Parties"), by their respective counsel, hereby stipulate and agree to the entry of this Stipulated Protective Order ("Order"). The provisions of this Order shall remain in full force and effect until further order of this Court. (See attached PDF for complete information). Signed by Judge Scott H Rash on 9/27/21.(BAC) (Entered: 09/28/2021)

RECAP
43 Jan. 21, 2022

*NOTICE of Service of Discovery re: Request for Entry Upon Land and Inspection of Items by Kathleen Hoffard . (Daly-Rooney, Rose) *Modified to correct event from Notice (Other) to Notice of Service of Discovery on 1/24/2022 (JAM). (Entered: 01/21/2022)

RECAP
44 Jan. 28, 2022

NOTICE re: Notice of Service of Plaintiff's First Supplemental Disclosure Statement by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 01/28/2022)

RECAP
45 Jan. 28, 2022

NOTICE re: Defendants' Notice of Service of Witness Disclosure by Cochise, County of re: 40 Scheduling Order . (Attachments: # 1 Attachment Defendants' Witness Disclosure)(Correa, Paul) (Entered: 01/28/2022)

RECAP
46 March 1, 2022

REPORT of Joint Settlement Status Report by Plaintiff Kathleen Hoffard. (Abela, Maya) (Entered: 03/01/2022)

RECAP
47 March 4, 2022

MOTION for Extension of Time remaining expert disclosure by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 03/04/2022)

RECAP
48 March 4, 2022

Additional Attachments to Main Document re: 47 MOTION for Extension of Time remaining expert disclosure Proposed Order by Plaintiff Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 03/04/2022)

RECAP
49 March 8, 2022

ORDER GRANTING 47 Motion for Extension of Time Deadline as to 47 MOTION for Extension of Time remaining expert disclosure . IT IS ORDERED Plaintiff shall disclose the expert reports to be used at trial pursuant to the provisions of Rule 26(a)(2) and (3) of the Federal Rules of Civil Procedure, on or before 10 calendar days following the date of Inspection (extended from 3/4/22). Defendants shall disclose their expert reports on or before 40 calendar days after the date of Inspection (extended from 4/1/22). Parties shall disclose rebuttal expert reports on or before 70 calendar days after the date of Inspection (extended from 5/6/22). (See attached PDF for complete information). Signed by Judge Scott H Rash on 3/7/22. (BAC) (Entered: 03/08/2022)

RECAP
50 March 11, 2022

NOTICE re: Notice of Lodging of Discovery Dispute and Order by Kathleen Hoffard Plaintiff. (Attachments: # 1 Exhibit Exhibit A - Request for Entry Upon Land and Inspection of Items, # 2 Exhibit Exhibit B - Jointly Emailed Position Statements)(Kramer, Meaghan) (Entered: 03/11/2022)

RECAP
51 April 11, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 04/11/2022)

RECAP
52 May 4, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Abela, Maya) (Entered: 05/04/2022)

RECAP
53 May 11, 2022

MOTION to Compel Inspection by Kathleen Hoffard. (Attachments: # 1 Exhibit Declaration of Meaghan Kramer, # 2 Exhibit Declaration of Tamaraingsey In, # 3 Proposed Order)(Kramer, Meaghan) (Entered: 05/11/2022)

RECAP
54 May 11, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Abela, Maya) (Entered: 05/11/2022)

RECAP
55 May 19, 2022

RESPONSE in Opposition re: 53 MOTION to Compel Inspection filed by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Correa, Paul) (Entered: 05/19/2022)

RECAP
56 May 26, 2022

*Reply to Response to 53 MOTION to Compel Plaintiff's Reply In Support of Motion to Compel Site Inspection by Kathleen Hoffard. (Attachments: # 1 Exhibit Supplemental Declaration of Meaghan K. Kramer)(Kramer, Meaghan) *Modified to correct event type on 6/1/2022 (BAC). (Entered: 05/26/2022)

RECAP
57 June 1, 2022

NOTICE re: Second Joint Settlement Report by Kathleen Hoffard . (Kramer, Meaghan) (Entered: 06/01/2022)

RECAP
58 June 10, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

RECAP
59 June 10, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

RECAP
60 June 10, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

RECAP
61 June 10, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

RECAP
62 June 10, 2022

ORDER DENYING Plaintiff's 53 Motion to Compel Inspection. Signed by Judge Scott H Rash on 6/10/22. (BAC) (Entered: 06/10/2022)

RECAP
63 June 15, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/15/2022)

RECAP
64 June 23, 2022

MOTION to Quash Subpoena by Apache County. (Robertson, Celeste) (Entered: 06/23/2022)

RECAP
65 June 23, 2022

NOTICE of Deposition of Lisa Marra, Martha Rodriquez, Joe Casey, filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/23/2022)

RECAP
66 June 28, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/28/2022)

RECAP
67 June 30, 2022

NOTICE of Service of Discovery filed by Cochise, County of, Lisa Marra. (Correa, Paul) (Entered: 06/30/2022)

RECAP
68 July 1, 2022

STIPULATION Motion to Modify Scheduling Order by Cochise, County of. (Roberts, Christine) (Entered: 07/01/2022)

RECAP
69 July 5, 2022

ORDER pursuant to 68 Stipulation: IT IS ORDERED the 40 Scheduling Order is modified as follows: the deadline for depositions is extended to 10/4/22. The deadline for all other discovery remains 8/5/22. The dispositive motions deadline is extended to 11/1/22; the Joint Proposed Pretrial Order if no dispositive motions are filed, is extended to 11/8/22. Signed by Judge Scott H Rash on 7/5/22. (BAC) (Entered: 07/05/2022)

RECAP
70 July 6, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/06/2022)

RECAP
71 July 11, 2022

ORDER withdrawing 64 pursuant to parties' Stipulated Motion to Modify Scheduling Order [Doc. 68, n.1]. Ordered by Judge Scott H Rash. (ZLK) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/11/2022)

RECAP
72 July 11, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/11/2022)

RECAP
July 11, 2022

Order on Motion to Quash

73 July 13, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/13/2022)

RECAP
74 July 15, 2022

NOTICE of Service of Discovery filed by Cochise, County of. (Correa, Paul) (Entered: 07/15/2022)

RECAP
75 July 22, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 07/22/2022)

RECAP
76 Aug. 1, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/01/2022)

RECAP
77 Aug. 5, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/05/2022)

RECAP
78 Aug. 5, 2022

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/05/2022)

RECAP
79 Aug. 5, 2022

MOTION for Extension of Time Plaintiff's Motion to Modify Scheduling Order by Kathleen Hoffard. (Attachments: # 1 Exhibit Exhibit 1 Declaration of Maya Abela, # 2 Exhibit Exhibit 2 Declaration of Meaghan Kramer, # 3 Proposed Order Text of Proposed Order)(Abela, Maya) (Entered: 08/05/2022)

RECAP
80 Aug. 7, 2022

Second MOTION to Quash Subpoena for Deposition by Apache County. (Robertson, Celeste) (Entered: 08/07/2022)

RECAP
81 Aug. 9, 2022

ORDER GRANTING Plaintiff's 79 Motion for Extension of Time Deadline. The 40 scheduling Order is amended to the extent the deadline to complete written discovery is extended to 9/2/22, for the limited purpose described in Plaintiff's Motion. All other deadlines remain unchanged. Signed by Judge Scott H Rash on 8/8/22. (BAC) (Entered: 08/09/2022)

RECAP
82 Aug. 19, 2022

NOTICE re: Withdrawal of subpoena to Apache County by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 08/19/2022)

RECAP
83 Aug. 19, 2022

ORDER withdrawing 80 Motion to Quash pursuant to Plaintiff Kathleen Hoffard's Notice of Withdrawal of Subpoena to Apache County 82 . Ordered by Judge Scott H Rash. (ZLK) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/19/2022)

RECAP
Aug. 19, 2022

Order on Motion to Quash

84 Aug. 25, 2022

MOTION to Stay ACTION AND REFER TO SETTLEMENT CONFERENCE JUDGE by Kathleen Hoffard. (Attachments: # 1 Proposed Order text or proposed order)(Kramer, Meaghan) (Entered: 08/25/2022)

Clearinghouse
85 Sept. 1, 2022

ORDER GRANTING parties' 84 Stipulated Motion to Stay Action and Refer to Settlement Conference Judge. IT IS ORDERED this action is STAYED for 65 days. This matter is set for a settlement conference before Judge Bruce G Macdonald on 10/3/22. The parties are directed to contact Judge Macdonald's chambers with the case number in the subject line for further instructions regarding the settlement conference. Signed by Judge Scott H Rash on 8/31/22. (BAC) (Entered: 09/01/2022)

Clearinghouse
86 Oct. 3, 2022

MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Settlement Conference held on 10/3/2022. The parties participated in a settlement conference with Magistrate Judge Bruce G Macdonald via Zoom. Parties have reached a tentative Settlement Agreement, subject to anticipated approval of the Board of Supervisors, for the County of Cochise, at the upcoming board meeting scheduled for 10/25/22. Once the Board of Supervisors' approval is received, the parties shall notify the Court and prepare the necessary documents for dismissal of the case. Hearing held 9:30 am to 6:30 pm.(BAC) (Entered: 10/04/2022)

RECAP
87 Nov. 1, 2022

ORDER RE STATUS OF SETTLEMENT AGREEMENT: Regarding the tentative settlement reached at the conference held on October 3, 2022, the Court has been advised there was an approval of the terms of the settlement by the Cochise County Board of Supervisors on October 25, 2022. Plaintiff will be filing a stipulation to dismiss the case. Signed by Magistrate Judge Bruce G Macdonald on 10/31/22. (JAM) (Entered: 11/01/2022)

RECAP
88 Nov. 1, 2022

Joint MOTION to Dismiss Case by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 11/01/2022)

Clearinghouse
89 Nov. 2, 2022

ORDER Dismissing Action and Closing Case Pursuant to 88 Stipulation of Voluntary Dismissal of Claims. This action is DISMISSED with prejudice and each party shall bear its own attorney fees and costs. IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and close this action. Signed by Judge Scott H Rash on 11/2/22. (JAM) (Entered: 11/02/2022)

RECAP

Case Details

State / Territory:

Arizona

Case Type(s):

Election/Voting Rights

Disability Rights

Public Benefits/Government Services

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 3, 2020

Closing Date: Nov. 2, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Qualified, registered voter in Arizona; disabled.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Cochise County

Lisa Marra, Elections Director

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

State law

Other Dockets:

District of Arizona 4:20-cv-00243

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation