Case: Bilyeu v. Esparza

1:21-cv-01089 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 1, 2021

Closed Date: Aug. 5, 2025

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Case Summary

This is a case filed by the Libertarian Party in Texas over certain statutory prerequisites for third parties being listed on general-election ballots. On December 1, 2021, the Libertarian Party of Texas, along with certain prospective candidates, filed suit in the U.S. District Court, Western District of Texas before District Judge Robert Pitman. The complaint was filed against the Texas Secretary of State and Deputy Secretary of State, in their official capacities, for alleged violations of Plaintiffs’ First and Fourteenth Amendment rights and the due process and equal protection clauses. The Libertarian Party initially sought to enjoin the 2019 law from going into effect; this injunction request was denied and the court subsequently granted Defendants’ motion for summary judgment, dismissing the Libertarian Party’s complaint.

The Libertarian Party challenged a law passed in 2019 (Tex. Elec. Code § 141.062, which was subsequently replaced with id. § 181.0311) that mandated that to appear on a general election ballot, third parties must (a) pay a filing fee to the state treasury or (b) submit a nomination petition with sufficient voters’ signatures. This statutory scheme contrasted with treatment of primary party candidates, who, while paying the same fees, made payment to the party itself, to offset the costs of hosting the party’s primaries. Third party candidates made payment to the state treasury and did not receive a similar offset; nor was there any offset for conventions, where third parties nominate candidates under Texas’s statutory scheme. In 2023, while suit was ongoing, the statute was amended to allow the Texas Secretary of State to disqualify candidates for failing to meet the above qualifications. Tex. Elec. Code §§ 145.003, 145.036.

The lawsuit alleged two substantive counts. First, that the above statutes violated Plaintiffs’ freedoms to associate and of speech, as enshrined in the First Amendment and made applicable to the states through the Fourteenth Amendment. Second, Plaintiffs alleged that the above statutes violated Plaintiffs’ rights to equal protection, in that the state treated fees paid by third parties, who pay the secretary of state or county judge, differently than those paid by primary parties, who make payment to their party chairs to offset costs.

The Libertarian Party moved for a preliminary injunction, seeking to enjoin the filing fee and petition requirements of § 181.0311. The Court denied this motion in its March 1, 2022 order, finding that the Libertarian Party is unlikely to succeed in its claims premised in the First Amendment, and, concerning the Party’s equal protection claim premised on third-parties’ payment to the general fund, the court held that “Plaintiffs have failed to demonstrate they will be irreparably harmed in the absence of an injunction.” (ECF No. 35 at 10.) On June 5, 2024, the court largely denied Defendants’ motion to dismiss, finding that fact issues precluded judgment at that stage, although the court did dismiss Plaintiffs’ claims for monetary damages.

The court ultimately granted Defendants’ motion for summary judgment, on August 5, 2025, dismissing the Fourth Amended Complaint in its entirety. Regarding the Libertarian Party’s first count, the court held that the statute’s requirement for a candidate to pay a fee before the convention did not violate any First Amendment right. Under the Anderson/Burdick test, the court found that the timing for payment of this fee—before the convention, where nominations occur—was “only a minimal burden on Plaintiffs,” noting that both primary and third-party candidates must pay their respective fees at the same time.

Concerning the Libertarian Party’s second count, the court found that argument was foreclosed by the Fifth Circuit’s recent 2024 opinion, when that court held Section 181.0311 does not “run afoul of the Equal Protection Clause” even though “[i]t requires the Minor Party candidates pay filing fees identical to those paid by Major Party candidates, but while the Major Parties retain the fees their candidates pay, the State retains the fees that Minor Party candidates pay.” Miller v. Nelson, 116 F.4th 373, 382. The court, quoting Miller, reasoned that the fee protects a valid state interest of candidates showing they have a “modicum of support”: because “all party candidates that seek ballot access through a primary or nominating convention, regardless of party affiliation, must demonstrate that they are serious candidates with some public support” and “Section 181.0311 serves that state interest.” Id.

Consistent with this order, the Court entered judgment in Defendants’ favor on August 5, 2025. The time to appeal has since lapsed and the case is closed.

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Summary Authors

Jorden Rutledge (12/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61587322/parties/bilyeu-v-esparza/

Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

LeBlanc, Jared Gregory (Texas)

O'Quinn, Brandon A. (Texas)

Attorney for Defendant

Kercher, Ryan G. (Texas)

Przada, Jacob Edward (Texas)

Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

LeBlanc, Jared Gregory (Texas)

O'Quinn, Brandon A. (Texas)

Russ, Adam J. (Texas)

Attorney for Defendant

Kercher, Ryan G. (Texas)

Przada, Jacob Edward (Texas)

Rhines, Zachary Louis (Texas)

Scanlon, Cory A. (Texas)

Stone, Johnathan (Texas)

Tebo, Kyle Stephen (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
12 1:21-cv-01089	First Amended Complaint for Declaratory and Injunctive Relief Bilyeu v. Scott	Dec. 23, 2021	Dec. 23, 2021 Complaint
27 1:21-cv-01089	Plaintiffs' Brief in Support of Their Application for Preliminary Injunction Bilyeu v. Scott	Feb. 11, 2022	Feb. 11, 2022 Pleading / Motion / Brief
35 1:21-cv-01089	Order Bilyeu v. Scott	March 1, 2022	March 1, 2022 Order/Opinion 2022 WL 607889
58 1:21-cv-01089	Defendants' Motion to Dismiss Bilyeu v. Nelson	Oct. 31, 2023	Oct. 31, 2023 Pleading / Motion / Brief
61 1:21-cv-01089	Fourth Amended Complaint and Application for Declaratory and Injunctive Relief Bilyeu v. Nelson	Dec. 29, 2023	Dec. 29, 2023 Complaint
64 1:21-cv-01089	Defendants' Motion to Dismiss Plaintiffs' Fourth Amended Complaint Bilyeu v. Nelson	Feb. 2, 2024	Feb. 2, 2024 Pleading / Motion / Brief
98 1:21-cv-01089	Order	Aug. 5, 2025	Aug. 5, 2025 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/61587322/bilyeu-v-esparza/

Last updated Jan. 23, 2026, 4:49 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief (Filing fee Paid $ 402. Receipt #0542-15489197). No Summons requested at this time, filed by Kevin Hale, Stephanie Berlin, Desarae Lindsey, Mark Tippetts, Mark Ash, Arthur Thomas, IV, Whitney Bilyeu, Joe Burnes, LIBERTARIAN PARTY OF TEXAS, Arthur Dibianca. (Attachments: # 1 Civil Cover Sheet)(LeBlanc, Jared) (Entered: 12/01/2021)	Dec. 1, 2021	Dec. 1, 2021
	Case assigned to Judge Robert Pitman. 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. (dl)	Dec. 1, 2021	Dec. 1, 2021
	If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl)	Dec. 1, 2021	Dec. 1, 2021
2	REQUEST FOR ISSUANCE OF SUMMONS by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, LIBERTARIAN PARTY OF TEXAS, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Main Document 2 replaced on 12/3/2021 to flatten image) (dl). (Entered: 12/02/2021)	Dec. 2, 2021	Dec. 2, 2021
3	Certificate of Interested Parties by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, LIBERTARIAN PARTY OF TEXAS, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 12/02/2021)	Dec. 2, 2021	Dec. 2, 2021 RECAP
4	Summons Issued as to Jose A. Esparza, John B. Scott. (dl) (Entered: 12/03/2021)	Dec. 3, 2021	Dec. 3, 2021
5	REQUEST FOR ISSUANCE OF SUMMONS by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 12/03/2021)	Dec. 3, 2021	Dec. 3, 2021
6	Summons Issued as to Jose A. "Joe" Esparza. (cc3) (Entered: 12/03/2021)	Dec. 3, 2021	Dec. 3, 2021
	Case Assigned/Reassigned	Dec. 3, 2021	Dec. 3, 2021
	To be Referred to AU Mag Judge	Dec. 3, 2021	Dec. 3, 2021
7	NOTICE Plaintiffs' Request for Status Conference by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts (LeBlanc, Jared) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021
8	SUMMONS Returned Executed by Kevin Hale, Stephanie Berlin, Desarae Lindsey, Mark Tippetts, Mark Ash, Arthur Thomas, IV, Whitney Bilyeu, Joe Burnes, Libertarian Party of Texas, Arthur Dibianca. John B. Scott served on 12/3/2021, answer due 12/27/2021. (LeBlanc, Jared) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021
9	SUMMONS Returned Executed by Kevin Hale, Stephanie Berlin, Desarae Lindsey, Mark Tippetts, Mark Ash, Arthur Thomas, IV, Whitney Bilyeu, Joe Burnes, Libertarian Party of Texas, Arthur Dibianca. Jose A. Esparza served on 12/3/2021, answer due 12/27/2021. (LeBlanc, Jared) (Entered: 12/14/2021)	Dec. 14, 2021	Dec. 14, 2021
10	ORDER, (Telephone Conference set for 12/17/2021 01:30 PM before Judge Robert Pitman). Signed by Judge Robert Pitman. (bot2) (Entered: 12/15/2021)	Dec. 15, 2021	Dec. 15, 2021
11	Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 12/17/2021. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) (Entered: 12/20/2021)	Dec. 17, 2021	Dec. 17, 2021
12	AMENDED COMPLAINT against All Defendants amending, filed by Kevin Hale, Stephanie Berlin, Desarae Lindsey, Mark Tippetts, Mark Ash, Arthur Thomas, IV, Whitney Bilyeu, Joe Burnes, Libertarian Party of Texas, Arthur Dibianca.(LeBlanc, Jared) (Entered: 12/23/2021)	Dec. 23, 2021	Dec. 23, 2021 Clearinghouse
13	ANSWER to 12 Amended Complaint . Attorney Cory A. Scanlon added to party Jose A. Esparza(pty:dft), Attorney Cory A. Scanlon added to party John B. Scott(pty:dft) by Jose A. Esparza, John B. Scott.(Scanlon, Cory) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022
14	MOTION for Preliminary Injunction by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Affidavit, # 2 Proposed Order)(LeBlanc, Jared) (Entered: 01/14/2022) 1 Affidavit View on PACER 2 Proposed Order View on PACER	Jan. 14, 2022	Jan. 14, 2022 RECAP
15	ORDER SETTING PRELIMINARY INJUNCTION HEARING on 2/24/2022 at 09:00 AM before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3) (Entered: 01/18/2022)	Jan. 18, 2022	Jan. 18, 2022 RECAP
16	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Application for Preliminary Injunction by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Scanlon, Cory) (Entered: 01/18/2022)	Jan. 18, 2022	Jan. 18, 2022
	Text Order GRANTING 16 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that Defendants shall respond to Plaintiffs' Motion for Preliminary Injunction, (Dkt. 14), no later than January 28, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Jan. 20, 2022	Jan. 20, 2022
	Order on Motion for Extension of Time to File Response/Reply	Jan. 20, 2022	Jan. 20, 2022
17	NOTICE of Attorney Appearance by Ryan G. Kercher on behalf of Jose A. Esparza, John B. Scott. Attorney Ryan G. Kercher added to party Jose A. Esparza(pty:dft), Attorney Ryan G. Kercher added to party John B. Scott(pty:dft) (Kercher, Ryan) (Entered: 01/24/2022)	Jan. 24, 2022	Jan. 24, 2022
	Motions No Longer Referred: 78 MOTION to Strike Plaintiffs' Summary Judgment Evidence (cc3)	Jan. 25, 2022	Jan. 25, 2022
18	Unopposed MOTION for Leave to Exceed Page Limitation by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Scanlon, Cory) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022
19	Joint MOTION for Entry of Scheduling Order Deadlines by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Proposed Order)(LeBlanc, Jared) (Entered: 01/26/2022) 1 Proposed Order View on PACER	Jan. 26, 2022	Jan. 26, 2022 RECAP
	Text Order GRANTING 18 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that Defendants' response to Plaintiffs' motion for preliminary injunction shall not exceed 20 pages in length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Jan. 27, 2022	Jan. 27, 2022
	Text Order GRANTING IN PART AND DENYING IN PART 19 Joint Motion for Entry of Scheduling Order entered by Judge Robert Pitman. A scheduling order will follow separately reflecting the deadlines agreed to by the parties. IT IS ORDERED that all briefs addressed in the Court's forthcoming order shall not exceed ten pages in length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Jan. 27, 2022	Jan. 27, 2022
	Order on Motion for Leave to File Excess Pages	Jan. 27, 2022	Jan. 27, 2022
	Order on Motion for Entry of Scheduling Order	Jan. 27, 2022	Jan. 27, 2022
20	Agreed Interim Scheduling Order. Signed by Judge Robert Pitman. (cc3) (Entered: 01/28/2022)	Jan. 28, 2022	Jan. 28, 2022 RECAP
21	Response in Opposition to Motion, filed by Jose A. Esparza, John B. Scott, re 14 MOTION for Preliminary Injunction filed by Plaintiff Arthur Thomas, IV, Plaintiff Stephanie Berlin, Plaintiff Libertarian Party of Texas, Plaintiff Whitney Bilyeu, Plaintiff Mark Tippetts, Plaintiff Arthur Dibianca, Plaintiff Desarae Lindsey, Plaintiff Mark Ash, Plaintiff Kevin Hale, Plaintiff Joe Burnes (Attachments: # 1 Proposed Order Proposed order denying preliminary injunction)(Scanlon, Cory) (Entered: 01/28/2022) 1 Proposed Order Proposed order denying preliminary injunction View on PACER	Jan. 28, 2022	Jan. 28, 2022 Clearinghouse
	Text Order GRANTING 90 Joint Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court substitute the previously filed declaration of Oliver Hall (Dkt. 72) with the redacted document shown in Exhibit A of the Joint Motion; substitute the previously filed Hall Exhibit 26 (Dkt. 72-26) with the redacted document shown in Exhibit B attached of the Joint Motion; and strike the previously filed Hall Exhibit 21 (Dkt. 72-21). (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)	Jan. 28, 2022	Jan. 28, 2022
22	MOTION to Compel by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Exhibit, # 2 Proposed Order)(LeBlanc, Jared) (Entered: 02/08/2022)	Feb. 8, 2022	Feb. 8, 2022
23	ORDER SETTING HEARING for In-Person Hearing on 2/14/2022 at 02:00 PM before Judge Dustin M. Howell.Signed by Judge Dustin M. Howell. (cc3) (Entered: 02/09/2022)	Feb. 9, 2022	Feb. 9, 2022 RECAP
	Text Order REFERRING 22 Motion to Compel entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs' Motion to Compel, (Dkt. 22), is REFERRED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. ยง 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Feb. 9, 2022	Feb. 9, 2022
	Text Order REFERRING 22 Motion to Compel entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs' Motion to Compel, (Dkt. 22), is REFERRED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Feb. 9, 2022	Feb. 9, 2022
	MOTION REFERRED: referred 22 MOTION to Compel . Referral Judge: Dustin M. Howell. (cc3)	Feb. 9, 2022	Feb. 9, 2022
	Order on Motion to Compel	Feb. 9, 2022	Feb. 9, 2022
	Motions Referred	Feb. 9, 2022	Feb. 9, 2022
24	Response in Opposition to Motion, filed by Jose A. Esparza, John B. Scott, re 22 MOTION to Compel filed by Plaintiff Arthur Thomas, IV, Plaintiff Stephanie Berlin, Plaintiff Libertarian Party of Texas, Plaintiff Whitney Bilyeu, Plaintiff Mark Tippetts, Plaintiff Arthur Dibianca, Plaintiff Desarae Lindsey, Plaintiff Mark Ash, Plaintiff Kevin Hale, Plaintiff Joe Burnes (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Scanlon, Cory) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022
25	ADVISORY TO THE COURT by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts . (Russ, Adam) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022 RECAP
26	ORDER Cancelling 2/14/2022 Motion Hearing. Signed by Judge Dustin M. Howell. (kkc) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022 RECAP
27	BRIEF in Support of Plaintiffs' Application for Preliminary Injunction regarding 14 MOTION for Preliminary Injunction by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022 Clearinghouse
	Text Order WITHDRAWING 22 Motion to Compel entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd)	Feb. 14, 2022	Feb. 14, 2022
	Order on Motion to Compel	Feb. 14, 2022	Feb. 14, 2022
28	BRIEF in opposition to Preliminary Injunction by Jose A. Esparza, John B. Scott. (Scanlon, Cory) (Entered: 02/21/2022)	Feb. 21, 2022	Feb. 21, 2022 Clearinghouse
29	Unopposed MOTION to Excuse Desarae Lindsey from Attending Preliminary Injunction Hearing by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Proposed Order)(LeBlanc, Jared) (Entered: 02/22/2022)	Feb. 22, 2022	Feb. 22, 2022
30	REPLY to Response to Motion, filed by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts, re 14 MOTION for Preliminary Injunction filed by Plaintiff Arthur Thomas, IV, Plaintiff Stephanie Berlin, Plaintiff Libertarian Party of Texas, Plaintiff Whitney Bilyeu, Plaintiff Mark Tippetts, Plaintiff Arthur Dibianca, Plaintiff Desarae Lindsey, Plaintiff Mark Ash, Plaintiff Kevin Hale, Plaintiff Joe Burnes and Brief in Support of Application for Preliminary Injunction (LeBlanc, Jared) (Entered: 02/23/2022)	Feb. 23, 2022	Feb. 23, 2022 Clearinghouse
31	Miscellaneous Objection to Defendants' Deposition Designations by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 02/23/2022)	Feb. 23, 2022	Feb. 23, 2022 RECAP
	Text Order GRANTING 29 Unopposed Motion to Excuse Desarae Lindsey from Attending Preliminary Injunction Hearing entered by Judge Robert Pitman. For good cause shown, IT IS ORDERED that Desarae Lindsey is excused from attending the preliminary injunction hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Feb. 23, 2022	Feb. 23, 2022
	Order on Motion for Miscellaneous Relief	Feb. 23, 2022	Feb. 23, 2022
32	Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 2/24/2022 re 14 MOTION for Preliminary Injunction filed by Arthur Thomas, IV, Stephanie Berlin, Libertarian Party of Texas, Whitney Bilyeu, Mark Tippetts, Arthur Dibianca, Desarae Lindsey, Mark Ash, Kevin Hale, Joe Burnes. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik.)(cc3) (Entered: 02/24/2022)	Feb. 24, 2022	Feb. 24, 2022
33	List of Witnesses at Preliminary Injunction Hearing on February 24, 2022.(cc3) (Entered: 02/24/2022)	Feb. 24, 2022	Feb. 24, 2022
34	Exhibit List. (cc3) (Entered: 02/24/2022)	Feb. 24, 2022	Feb. 24, 2022
35	ORDER DENYING 14 Motion for Preliminary Injunction. Signed by Judge Robert Pitman. (cc3) (Entered: 03/01/2022)	March 1, 2022	March 1, 2022 Clearinghouse
36	Letter from Robert H Allensworth requesting price quote for docket sheet. (cc3) (Entered: 05/06/2022)	May 5, 2022	May 5, 2022
37	Response letter from Clerk's office re 36 Letter from Robert H. Allensworth (cc3) (Entered: 05/10/2022)	May 10, 2022	May 10, 2022
38	Unopposed MOTION to Withdraw as Attorney Cory A. Scanlon by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Scanlon, Cory) (Entered: 07/19/2022)	July 19, 2022	July 19, 2022
	Text Order GRANTING 38 Unopposed Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Cory A. Scanlon is withdrawn as counsel for Defendants in this matter. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	July 20, 2022	July 20, 2022
	Order on Motion to Withdraw as Attorney	July 20, 2022	July 20, 2022
39	Order for Proposed Scheduling Order due by 9/7/2022. Signed by Judge Robert Pitman. (cc3) (Entered: 08/23/2022)	Aug. 23, 2022	Aug. 23, 2022
40	ADVISORY TO THE COURT by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts . (Attachments: # 1 Brief Enclosure)(LeBlanc, Jared) (Entered: 08/23/2022)	Aug. 23, 2022	Aug. 23, 2022
41	Proposed Scheduling Order AGREED by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 09/07/2022)	Sept. 7, 2022	Sept. 7, 2022
42	ORDER Setting Initial Pretrial Conference for 10/4/2022 09:40 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (bot1) (Entered: 09/26/2022)	Sept. 26, 2022	Sept. 26, 2022
43	Minute Entry for proceedings held before Judge Robert Pitman: Initial pretrial Conference held by telephone on 10/4/2022 (Minute entry documents are not available electronically.) Bench TRIAL SET FOR: September 5, 2023. Written Order Forthcoming. (Court Reporter Lily Reznik.)(so) (Entered: 10/04/2022)	Oct. 4, 2022	Oct. 4, 2022
44	SCHEDULING ORDER: Bench Trial set for 9/5/2023 09:00 AM before Judge Robert Pitman, Discovery due by 3/17/2023, dispositive Motions due by 4/28/2023,. Signed by Judge Robert Pitman. (so) (Entered: 10/04/2022)	Oct. 4, 2022	Oct. 4, 2022
45	Unopposed MOTION to Amend Complaint by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Exhibit A--Proposed Amended Pleading, # 2 Proposed Order Granting Leave to File Second Amended Complaint)(LeBlanc, Jared) (Entered: 11/18/2022)	Nov. 18, 2022	Nov. 18, 2022
46	SECOND AMENDED COMPLAINT for Declaratory and Injunctive Relief.(cc3) (Entered: 11/21/2022)	Nov. 21, 2022	Nov. 21, 2022
	Text Order GRANTING 45 Unopposed Motion to Amend Complaint entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Plaintiffs' Second Amended Complaint, (Dkt. 45-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	Nov. 21, 2022	Nov. 21, 2022
	Order on Motion to Amend Complaint	Nov. 21, 2022	Nov. 21, 2022
47	ANSWER to 46 Amended Complaint by Jose A. Esparza, John B. Scott.(Kercher, Ryan) (Entered: 12/05/2022)	Dec. 5, 2022	Dec. 5, 2022
48	NOTICE of Attorney Appearance by Johnathan Stone on behalf of Jose A. Esparza, John B. Scott. Attorney Johnathan Stone added to party Jose A. Esparza(pty:dft), Attorney Johnathan Stone added to party John B. Scott(pty:dft) (Stone, Johnathan) (Entered: 12/16/2022)	Dec. 16, 2022	Dec. 16, 2022
49	NOTICE of Change of Firm Affiliation and Address by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts (LeBlanc, Jared) (Entered: 03/07/2023)	March 7, 2023	March 7, 2023 RECAP
50	Unopposed MOTION to Extend Scheduling Order Deadlines by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 03/08/2023) 1 Proposed Order View on PACER	March 8, 2023	March 8, 2023
	Text Order GRANTING 50 Unopposed Motion to Extend Scheduling Order Deadlines entered by Judge Robert Pitman. IT IS ORDERED that the discovery deadline shall be extended to April 7, 2023, and the dispositive motions deadline shall be extended to May 19, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	March 9, 2023	March 9, 2023
	Order on Motion to Extend Scheduling Order Deadlines	March 9, 2023	March 9, 2023
51	Unopposed MOTION to Withdraw as Attorney Adam J. Russ by Whitney Bilyeu. (Attachments: # 1 Proposed Order Unopposed Motion for Attorney Adam J. Russ to Withdraw)(Russ, Adam) (Entered: 03/29/2023)	March 29, 2023	March 29, 2023
	Text Order GRANTING 51 Unopposed Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Adam J. Russ is WITHDRAWN as counsel of record for Plaintiffs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	March 30, 2023	March 30, 2023
	Order on Motion to Withdraw as Attorney	March 30, 2023	March 30, 2023
52	Unopposed MOTION to Continue & Abate Case by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(LeBlanc, Jared) (Entered: 04/28/2023)	April 28, 2023	April 28, 2023 RECAP
53	ORDER GRANTING 52 Unopposed MOTION to Continue & Abate Case and VACATING 44 SCHEDULING ORDER Signed by Judge Robert Pitman. (cc3) (Entered: 05/01/2023)	May 1, 2023	May 1, 2023 RECAP
54	STATUS REPORT and Request for Scheduling Conference by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 08/01/2023)	Aug. 1, 2023	Aug. 1, 2023 RECAP
55	STATUS REPORT by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (LeBlanc, Jared) (Entered: 10/02/2023)	Oct. 2, 2023	Oct. 2, 2023 RECAP
56	Unopposed MOTION for Leave to File Third Amended Complaint and Application for Declaratory and Injunctive Relief by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Proposed Order, # 2 Exhibit)(LeBlanc, Jared) (Entered: 10/16/2023)	Oct. 16, 2023	Oct. 16, 2023
57	THIRD AMENDED COMPLAINT and Application for Declaratory and Injunctive Relief.(cc3) (Entered: 10/17/2023)	Oct. 17, 2023	Oct. 17, 2023
	Text Order GRANTING 56 Unopposed Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Plaintiffs' Third Amended Complaint, (Dkt. 56-2). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	Oct. 17, 2023	Oct. 17, 2023
	Order on Motion for Leave to File	Oct. 17, 2023	Oct. 17, 2023
58	MOTION to Dismiss by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 Clearinghouse
59	Unopposed MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Proposed Order Extending Time)(LeBlanc, Jared) (Entered: 11/13/2023)	Nov. 13, 2023	Nov. 13, 2023
	Text Order GRANTING 59 Unopposed Motion for Extension of Time entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs shall respond to Defendants' Motion to Dismiss, (Dkt. 58), or amend their complaint on or before December 15, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	Nov. 14, 2023	Nov. 14, 2023
	Order on Motion for Extension of Time to File Response/Reply	Nov. 14, 2023	Nov. 14, 2023
60	Unopposed MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts. (Attachments: # 1 Proposed Order)(LeBlanc, Jared) (Entered: 12/14/2023)	Dec. 14, 2023	Dec. 14, 2023
	Order on Motion for Extension of Time to File Response/Reply	Dec. 14, 2023	Dec. 14, 2023
	Text Order GRANTING 60 Unopposed Motion for Extension of Time entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs shall respond to Defendants' motion to dismiss on or before December 29, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)	Dec. 14, 2023	Dec. 14, 2023
61	AMENDED COMPLAINT Fourth against All Defendants amending, filed by Kevin Hale, Stephanie Berlin, Desarae Lindsey, Mark Tippetts, Mark Ash, Arthur Thomas, IV, Whitney Bilyeu, Joe Burnes, Libertarian Party of Texas, Arthur Dibianca.(LeBlanc, Jared) (Entered: 12/29/2023)	Dec. 29, 2023	Dec. 29, 2023 Clearinghouse
62	Response in Opposition to Motion, filed by Mark Ash, Stephanie Berlin, Whitney Bilyeu, Joe Burnes, Arthur Dibianca, Kevin Hale, Libertarian Party of Texas, Desarae Lindsey, Arthur Thomas, IV, Mark Tippetts, re 58 MOTION to Dismiss filed by Defendant John B. Scott, Defendant Jose A. Esparza (Attachments: # 1 Proposed Order)(LeBlanc, Jared) (Entered: 12/29/2023) 1 Proposed Order View on RECAP	Dec. 29, 2023	Dec. 29, 2023 RECAP
	Order on Motion to Dismiss	Jan. 2, 2024	Jan. 2, 2024
	Text Order MOOTING 58 Motion to Dismiss entered by Judge Robert Pitman. In light of the fourth amended complaint, (Dkt. 61), the motion to dismiss the third amended complaint, (Dkt. 58), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)	Jan. 2, 2024	Jan. 2, 2024
63	Unopposed MOTION for Extension of Time to File Answer re 61 Amended Complaint, by Jose A. Esparza, John B. Scott. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 01/19/2024)	Jan. 19, 2024	Jan. 19, 2024