Case: Galvan v. Pablos

7:18-cv-00113 | U.S. District Court for the Southern District of Texas

Filed Date: April 11, 2018

Closed Date: Dec. 12, 2023

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Case Summary

This case involved allegations that Texas’s law surrounding rejection of mail-in ballots violated federal constitutional rights. Two unsuccessful candidates for public office filed suit initially in District Court of Starr County, Texas, on April 11, 2018. Defendants included Texas Secretary of State, presiding judge of the Early Voting Ballot Board (EVBB) for Starr County, and four members of the EVBB for Starr County. Plaintiffs alleged that Texas’s statutory framework for rejection of mail-i…

This case involved allegations that Texas’s law surrounding rejection of mail-in ballots violated federal constitutional rights.

Two unsuccessful candidates for public office filed suit initially in District Court of Starr County, Texas, on April 11, 2018. Defendants included Texas Secretary of State, presiding judge of the Early Voting Ballot Board (EVBB) for Starr County, and four members of the EVBB for Starr County. Plaintiffs alleged that Texas’s statutory framework for rejection of mail-in ballots (Texas Election Code § 87.041) violated federal constitutional rights, pursuant to 42 U.S.C. § 1983 and § 1988. Plaintiffs were represented by private counsel. The case was removed to the U.S. District Court for the Southern District of Texas on April 16, 2018. Plaintiffs cited the right to vote and the right to due process and equal protection of the law under the U.S. Constitution. The case was assigned to Judge Ricardo H. Hinojosa. 

Under Texas Election Code § 87.041, a mail-in ballot shall be rejected if any requirement prescribed by the election code is not satisfied. In that case, the EVBB shall indicate the rejection by entering “rejected” on the carrier envelope and on the corresponding jacket envelop. While the voter is afforded no means of challenging the rejection of his or her own ballot, the legislation permitted a “county election officer” a very limited means of challenging a determination made by the EVBB, but only with court process and, in many cases, only after securing permission from the county chair of all political parties.

In the amended complaint filed by the Plaintiffs on Nov 30, 2018, Plaintiffs had three key allegations. First, voters were not given the opportunity to cure a deficiency resulting in the rejection of his or her mail ballot. Second, there was no uniform standards for reviewing voter signatures to determine whether a ballot is acceptable. Third, each individual member of Starr County EVBB made unilateral decisions to accept or reject carrier envelopes for acceptance in the election. Plaintiffs sought injunctive and declaratory relief, including injunctive relief to declare the Texas Election Code § 87.041 for rejection of mail-in ballots violate constitutional rights, and to provide voters a method of seeking to cure any deficiency of the ballot. 

Plaintiffs filed a motion for a summary judgement on November 30, 2018. They claimed the Texas ballot by mail statutes and process, to the extent that it permits and/or requires the rejection of mail-in ballots for perceived signature discrepancy, violated the right to vote, due process of law under the Fourteenth Amendment to the United States Constitution, and the equal protection of the law. 

Defendants filed a motion for a summary judgement on November 30, 2018. They claimed that the Eleventh Amendment barred Plaintiffs’ claims against the Secretary of State (SOS), because the Plaintiffs did not demonstrate neither a connection between the SOS and the EVBB actions at issue nor some imminent unconstitutional enforcement action by the SOS. Alternatively, federal jurisdiction was absent here because there was no case or controversy between Plaintiff and the SOS. The Defendants also argued that the Texas Election Laws were constitutional sound, because (i) the burden on voting rights was minimal, (ii) the magnitude of the injury was relatively slight, and (iii) the State had important interests to justify the challenged law.

On the same date, Defendants also filed a motion to dismiss, claiming that none of the averred facts created the particularized injury necessary to confer jurisdiction on this Court, and the EVBB defendants were entitled to qualified immunity. They argued that Plaintiffs requested a federal district court to determine the validity of ballots cast in a local primary. However, the issue of the validity or invalidity of a ballot or ballot procedures was a question of state law.

After a ruling from the Court dismissing the Plaintiffs from the case for lack of standing, the complaint was amended on March 19, 2019 to add four voters whose mail-in ballot was rejected due to perceived signature discrepancies.

A motion hearing was held on March 19, 2019. After considering arguments of counsel, the Court granted Defendant’s Motion for Summary Judgment and Defendant's motion to dismiss two members of the EVBB for Starr County. 

After the motion hearing, the Plaintiffs amended the complaint again on May 09, 2019. Two unsuccessful candidate Plaintiffs and a voter Plaintiff were withdrawn from the litigation and other three voter Plaintiffs remained in the litigation. 

Defendants amended the motion for a summary judgement on July 29, 2019 and filed a motion to dismiss for failure to state a claim.  They argued that the Secretary of State was not a proper Party, the Plaintiffs did not have standing to seek the injunctions because their injuries would not be redressed by an injunction, and Texas Election Code § 87.041 was constitutionally sound.

On the same date, Plaintiffs amended the motion for a summary judgement.  They argued that EVBB's authority to reject mail ballots was effectively unreviewable and contrasted with the process for review of provisional ballots and the lack of an opportunity to cure by validating the ballot violated the right to vote and procedural due process. The Plaintiff based their arguments on private interest of the fundamental right to vote, and there was a substantial risk of an erroneous determination of a signature mismatch that will disenfranchise a voter, whereas simple additional or substitute procedures could protect the private interests. In addition, state had an interest in “maintaining the integrity of elections” and avoiding unnecessary burdens.

On March 30, 2020, the Court ordered granting in part and denying in part Defendant's motion to dismiss for failure to state a claim. The Court granted the EVBB Defendants’ motion in part dismissing the claims against the EVBB Defendants in their personal capacities based on qualified immunity but denied the EVBB Defendants’ motion in all other respects. The Court denied Plaintiffs’ motion without prejudice and instructed Plaintiffs to re-file the motion for summary judgment detailing their proposed remedy plan. 

Plaintiffs amended the motion for summary judgement on April 01, 2020.  They amended the remedy plan and proposed order that incorporates both a declaratory judgment, and a remedial injunction ordering the implementation of a simple cure procedure.

On May 1, 2020, Starr County Democratic Party (SCDP) moved to intervene in this case, pursuant to Federal Rule of Civil Procedure 24(b), to seek relief in advance of the July 2020 primary runoff elections, based on the same claims already being litigated by the current Plaintiffs. SCDP was especially interested in securing relief in time for the July runoffs, and argued that intervention in this lawsuit to seek a timely ruling was the most efficient means of seeking such relief. SCDP argued that the intervene is based on common questions of law or fact, and its intervention was timely.

Court ordered to stay the case on March 26, 2021, because the Court noted that a related case matter styled Richardson, et al. v. Texas Secretary of State, et al, No.5-19-cv-00963-OLG (W.D. Tex. 2019) was on appeal before the Fifth Circuit, and the instant litigation had a substantial overlap with the Richardson case.

On July 21, 2023, a status conference was held and the Court ordered that the parties file pleadings detailing their positions on the status of the case and how it should be resolved.

On September 28, 2023, the Defendants filed a motion to dismiss, claiming that the actions of individual members of EVBB were constitutional, and this case was now moot because the State of Texas had adopted several changes to its mail-in ballot acceptance procedures that provided a cure period for voters whose signatures had been rejected. The State of Texas had also clarified the standards and processes by which mail-in ballots could be reviewed by EVBBs. Finally, the process by which the Starr County EVBB processed the mail-in ballots in the challenged election was verified by Texas state District Court and Appeals Court. Therefore, the Defendants argued that the Plaintiffs were barred from relief by the doctrines of mootness.

On December 12, 2023, a stipulation of dismissal was filed in which the parties jointly stipulated to the dismissal of Plaintiffs’ claims. The parties bore their own costs and fees with respect to this lawsuit.

Summary Authors

(5/12/2024)

Related Cases

Richardson v. Texas Secretary of State, Western District of Texas (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6540953/parties/galvan-v-pablos/


Judge(s)

Hinojosa, Ricardo H. (Texas)

Attorney for Plaintiff

Garcia-Vela, Martie (Texas)

Attorney for Defendant

Abrams, Michael Raphael (Texas)

Garza, Jose (Texas)

Expert/Monitor/Master/Other

Golando, Martin (Texas)

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Documents in the Clearinghouse

Document
5

7:18-cv-00113

Defendants Armandina Martinez, Alma Garcia, Alicia Dougherty No. 1, Alicia Dougherty No. 2, Yolanda Martinez's Answer to Plaintiffs' Complaint

May 9, 2018

May 9, 2018

Pleading / Motion / Brief
24

7:18-cv-00113

Plaintiffs' First Amended Complaint (Declaratory and Injunctive Relief Requested)

Nov. 30, 2018

Nov. 30, 2018

Correspondence
25

7:18-cv-00113

Plaintiffs' Joint Motion for Summary Judgment

Nov. 30, 2018

Nov. 30, 2018

Pleading / Motion / Brief
23

7:18-cv-00113

Defendants Martinez, Garcia, Dougherty No.1, Dougherty No. 2 and Martinez' Motion to Dismiss and Memorandum in Support

Nov. 30, 2018

Nov. 30, 2018

Pleading / Motion / Brief
22

7:18-cv-00113

Plaintiffs' Joint Motion for Summary Judgment

Nov. 30, 2018

Nov. 30, 2018

Pleading / Motion / Brief
41

7:18-cv-00113

Defendant David Whitley's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

Jan. 11, 2019

Jan. 11, 2019

Pleading / Motion / Brief
58

7:18-cv-00113

Plaintiffs' Second Amended Complaint

May 9, 2019

May 9, 2019

Complaint
59

7:18-cv-00113

Defendant David Whitley's Answer and Defenses to Plaintiffs' Second Amended Complaint

May 23, 2019

May 23, 2019

Pleading / Motion / Brief
64

7:18-cv-00113

Order Granting Unopposed Motion to Modify Scheduling Order

June 15, 2019

June 15, 2019

Order/Opinion
66

7:18-cv-00113

Defendants Martinez, Garcia, Dougherty No. 1, Doherty No. 2 and Martinez's Motion to Dismiss Plaintiffs' Second Amended Complaint and Motion for Summary Judgment

July 29, 2019

July 29, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6540953/galvan-v-pablos/

Last updated Jan. 30, 2025, 3:28 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Starr County District Court, case number DC-18-189 (Filing fee $ 400 receipt number 0541-19914288) filed by Rolando B. Pablos. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Supplement, # 3 Docket Sheet, # 4 Index of State Court Documents, # 5 State Court Documents)(Hudson, Eric) (Entered: 04/16/2018)

4

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April 16, 2018

April 16, 2018

PACER
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/19/2018 at 02:30 PM before Judge Ricardo H Hinojosa( by Judge Ricardo H Hinojosa) Parties notified.(BelindaSaenz, 7) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
3

NOTICE of Vacation Dates by Rolando B. Pablos, filed. (Hudson, Eric) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
4

CERTIFICATE OF INTERESTED PARTIES by Leticia Garza Galvan, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
5

ANSWER to 1 State Court Petition/Notice of Removal by Armandina Martinez, filed.(Garza, Jose) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

Clearinghouse
6

CERTIFICATE OF INTERESTED PARTIES by Rolando B. Pablos, filed.(Hudson, Eric) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
7

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Rolando B. Pablos, filed.(Hudson, Eric) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
8

MOTION for Preliminary Injunction by Leticia Garza Galvan, Martie Garcia Vela, filed. Motion Docket Date 8/9/2018. (Najvar, Jerad) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
9

ORDER striking 8 Motion for Preliminary Injunction. (Signed by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER

Minute Entry for proceedings held before Judge Ricardo H Hinojosa. INITIAL PRETRIAL CONFERENCE held on 7/19/2018. Case called on the docket. All parties present. The Court announced to the parties it had stricken Plaintiffs' 8 Motion for Preliminary Injunction. After some discussion, the Court issued a Docket Control Order (60 days). Appearances: Jerad Wayne Najvar, Jose Garza, Eric Alan Hudson.(ERO:Tony Tijerina (2:49-3:05), filed.(adelagarza, 7)

July 19, 2018

July 19, 2018

PACER
10

SCHEDULING ORDER. Joinder of Parties due by 9/27/2018 Discovery due by 9/17/2018. Dispositive Motion Filing due by 9/27/2018. Non-Dispositive Motion Filing due by 9/27/2018. Joint Pretrial Order due by 10/31/2018. Motions for Extension of Time to Complete Discovery due by 8/18/2018. Pretrial Conference set for 11/7/2018 at 02:30 PM before Judge Ricardo H Hinojosa(Signed by Judge Ricardo H Hinojosa) Parties notified.(SandraSilva, 7) (Entered: 07/20/2018)

July 19, 2018

July 19, 2018

PACER

ORAL ORDER, Pretrial Conference has been reset for 10/31/2018 at 02:30 P.M. before Judge Ricardo H Hinojosa (previously set for 11/7/2018) (by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7)

Aug. 2, 2018

Aug. 2, 2018

PACER
11

NOTICE letter of leave by Rolando B. Pablos, filed. (Hudson, Eric) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
12

NOTICE of Resetting. Parties notified. Pretrial Conference reset for 10/23/2018 at 02:30 PM before Judge Ricardo H Hinojosa (previously set for 10/31/2018), filed. (adelagarza, 7) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
13

NOTICE of Appearance by H. Carl Myers on behalf of Rolando B. Pablos, filed. (Myers, Henry) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
14

AO 435 TRANSCRIPT REQUEST by H. Carl Myers for Transcript of Initial Pretrial Conference on 7-19-18 before Judge Hinojosa. 3-Day turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Myers, Henry) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
15

Joint MOTION to Modify Scheduling Order as to 10 Scheduling Order, by Leticia Garza Galvan, Martie Garcia Vela, filed. Motion Docket Date 10/16/2018. (Attachments: # 1 Proposed Order modifying scheduling order)(Najvar, Jerad) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
16

TRANSCRIPT re: INITIAL PRETRIAL CONFERENCE held on 7/19/18 before Judge Ricardo H Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party H. CARL MYERS Release of Transcript Restriction set for 12/24/2018., filed. (thudson, ) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
17

Notice of Filing of Official Transcript as to 16 Transcript. Party notified, filed. (atijerina, 7) (Entered: 09/26/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
18

ORDER Striking Document re: 15 Joint MOTION to Modify Scheduling Order as to 10 Scheduling Order, (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 10/02/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
19

Joint MOTION for Leave to File motion to extend discovery by Leticia Garza Galvan, Martie Garcia Vela, filed. Motion Docket Date 10/24/2018. (Attachments: # 1 Proposed Order granting leave to file mtn to extend, # 2 Exhibit A, # 3 Exhibit B)(Najvar, Jerad) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
20

ORDER granting 19 Joint MOTION for Leave to File motion to extend discovery (Discovery due by 11/19/2018. Dispositive Motion Filing due by 11/30/2018. Joinder of Parties due by 11/30/2018, Joint Pretrial Order due by 1/2/2019. Non-Dispositive Motion Filing due by 11/30/2018. Pretrial Conference reset for 1/9/2019 at 02:30 PM before Judge Ricardo H Hinojosa) (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 10/09/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
21

NOTICE of Appearance by Michael R. Abrams on behalf of Rolando B. Pablos, filed. (Abrams, Michael) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
22

MOTION for Summary Judgment by Rolando B. Pablos, filed. Motion Docket Date 12/21/2018. (Attachments: # 1 Appendix Appendix to MSJ, # 2 Proposed Order)(Hudson, Eric) (Entered: 11/30/2018)

1 Appendix Appendix to MSJ

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2 Proposed Order

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Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
23

First MOTION to Dismiss ( Motion Docket Date 12/21/2018.), First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alicia Dougherty(No. 1), Alicia Dougherty (No. 2), Alma Garcia, Armandina Martinez, Yolanda Martinez, filed. (Attachments: # 1 Exhibit attachment no. 1, # 2 Exhibit attachment no. 2, # 3 Exhibit attachment no. 3, # 4 Proposed Order order granting motion)(Garza, Jose) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
24

First AMENDED COMPLAINT against All Defendants filed by Martie Garcia Vela, Leticia Garza Galvan, Federico Flores, Jr., Amelia Martinez, Maria Guerrero, Vicente Guerrero.(Najvar, Jerad) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
25

MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. Motion Docket Date 12/21/2018. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 15, # 11 Exhibit 16, # 12 Exhibit 17)(Najvar, Jerad) (Entered: 11/30/2018)

1 Proposed Order

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 12

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8 Exhibit 13

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9 Exhibit 14

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10 Exhibit 15

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11 Exhibit 16

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12 Exhibit 17

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Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
26

Unopposed MOTION for Extension of Time Extend Deadlines and Modify Scheduling Order by Rolando B. Pablos, filed. Motion Docket Date 12/28/2018. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
27

ORDER STRIKING DOCUMENT re: 24 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Ricardo H Hinojosa) Parties notified.(SandraSilva, 7) (Entered: 12/13/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
28

ORDER granting 26 Unopposed MOTION for Extension of Time Extend Deadlines and Modify Scheduling Order. (Dispositive Motion Filing due by 1/16/2019, Joinder of Parties due by 1/16/2019, Joint Pretrial Order due by 1/31/2019, Non-Dispositive Motion Filing due by 1/16/2019, Responses due by 1/11/2019, Pretrial Conference set for 2/7/2019 at 02:30 PM before Judge Ricardo H Hinojosa) (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
29

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
30

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. (Attachments: # 1 Exhibit 7A, # 2 Exhibit 7B)(Najvar, Jerad) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
31

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
32

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
33

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
34

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
35

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. (Attachments: # 1 Exhibit 11 part 3)(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
36

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
37

Additional EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
38

NOTICE of Death of Plaintiff Amelia Martinez by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. (Najvar, Jerad) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
39

MOTION for Reconsideration of 27 Order Striking Document by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. Motion Docket Date 1/29/2019. (Attachments: # 1 Proposed Order)(Najvar, Jerad) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
40

ADVISORY by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed.(Najvar, Jerad) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
41

RESPONSE in Opposition to 25 MOTION for Summary Judgment, filed by Rolando B. Pablos. (Hudson, Eric) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

Clearinghouse
42

RESPONSE in Opposition to 25 MOTION for Summary Judgment, filed by Alicia Dougherty(No. 1), Alicia Dougherty (No. 2), Alma Garcia, Armandina Martinez, Yolanda Martinez. (Garza, Jose) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
43

RESPONSE in Opposition to 22 MOTION for Summary Judgment, filed by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Proposed Order denying Pablos MSJ)(Najvar, Jerad) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
44

RESPONSE in Opposition to 23 First MOTION to Dismiss First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela. (Attachments: # 1 Proposed Order)(Najvar, Jerad) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
45

MOTION to Substitute Party in place of Amelia Martinez by Magaly Serna, filed. Motion Docket Date 2/6/2019. (Attachments: # 1 Exhibit A, # 2 Appendix Notice of Hearing, # 3 Proposed Order)(Najvar, Jerad) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
46

REPLY in Support of 22 MOTION for Summary Judgment, filed by Rolando B. Pablos. (Hudson, Eric) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
47

REPLY in Support of 25 MOTION for Summary Judgment, filed by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Magaly Serna, Martie Garcia Vela. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21)(Najvar, Jerad) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
48

REPLY in Support of 25 MOTION for Summary Judgment, filed by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Magaly Serna, Martie Garcia Vela. (Najvar, Jerad) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
49

Joint MOTION to Stay Pretrial Deadlines Pending Resolution of Cross Motions for Summary Judgment, Unopposed MOTION for Continuance of Pretrial Conference( Motion Docket Date 2/20/2019.) by Rolando B. Pablos, filed. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER

ORAL ORDER Granting 49 Joint Motion to Stay Pretrial Deadlines Pending Resolution of Cross Motions for Summary Judgment and Unopposed Motion for Continuance of Pretrial Conference. Motions Hearing set for 3/19/2019 at 02:30 P.M. before Judge Ricardo H Hinojosa. (by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7)

Jan. 30, 2019

Jan. 30, 2019

PACER
50

NOTICE of Appearance by Austin M. B. Whatley on behalf of Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Magaly Serna, Martie Garcia Vela, filed. (Whatley, Austin) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
51

Supplemental EXHIBITS re: 25 MOTION for Summary Judgment by Federico Flores, Jr., Leticia Garza Galvan, Maria Guerrero, Vicente Guerrero, Amelia Martinez, Martie Garcia Vela, filed. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24)(Najvar, Jerad) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
52

WAIVER OF SERVICE Returned Executed as to Nelson Martinez served on 3/13/2019, answer due 5/13/2019; Hector Manuel Martinez served on 3/12/2019, answer due 5/13/2019; Hector Manuel Martinez, Jr served on 3/13/2019, answer due 5/13/2019; Yoana Martinez served on 3/12/2019, answer due 5/13/2019; Rosalva Avila served on 3/12/2019, answer due 5/13/2019, filed. (Attachments: # 1 Exhibit Executed Waivers)(Whatley, Austin) (Entered: 03/19/2019)

1

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March 19, 2019

March 19, 2019

PACER

Minute Entry for proceedings held before Judge Ricardo H Hinojosa. MOTION HEARING held on 3/19/2019. Case called on the docket. Defense counsel Mr. Jose Garza not present. The Court set Mr. Garza for a Show Cause Hearing for 3/20/2019 at 9:30 A.M. Parties addressed Defendant's 22 Motion for Summary Judgment; Defendant's 23 First Motion to Dismiss; Plaintiffs 39 Motion for Reconsideration of 27 Order Striking Document and Plaintiff's 45 Motion to Substitute Party in place of Amelia Martinez. The Court granted leave for Plaintiffs' to file first amended complaint. After considering arguments of counsel, the Court granted 22 Motion for Summary Judgment and Defendant's 23 First Motion to Dismiss Leticia Garza Galva and Martie Garcia Vela as stated on the record. The Court further denied 45 Motion to Substitute Party in place of Amelia Martinez. The Court set deadline of 5/21/2019 for depositions to be taken and any motion for summary judgment to be filed by 6/17/2019. The Court set a Motion Hearing for 7/23/2019 at 04:00 P.M. before Judge Ricardo H Hinojosa. Appearances: Austin Michael Bryan Whatley, Jerad Wayne Najvar, Eric Alan Hudson.(ERO:Tony Tijerina (2:58-3:18), filed.(adelagarza, 7) Modified on 3/25/2019 (adelagarza, 7).

March 19, 2019

March 19, 2019

PACER

Minute Entry for proceedings held before Judge Ricardo H Hinojosa. SHOW CAUSE HEARING held on 3/20/2019. Case called on the docket. All parties present. Mr. Garza stated reason for not being present at previous scheduled hearing. The Court informed Mr. Garza of next scheduled hearing. Appearances: Jose Garza.(ERO:Tony Tijerina (9:50-9:51), filed.(adelagarza, 7)

March 20, 2019

March 20, 2019

PACER

Show Cause Hearing

March 25, 2019

March 25, 2019

PACER

Motion Hearing

March 25, 2019

March 25, 2019

PACER
53

AO 435 TRANSCRIPT REQUEST by Defendant/Eric A. Hudson for Transcript of Motion Hearing 3/19/19 before Judge Hinojosa. 3-Day turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Hudson, Eric) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
54

TRANSCRIPT re: PRETRIAL CONFERENCE held on 3/19/19 before Judge Ricardo H Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party ERIC A. HUDSON Release of Transcript Restriction set for 6/26/2019., filed. (thudson, ) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER
55

Notice of Filing of Official Transcript as to 54 Transcript. Party notified, filed. (atijerina, 7) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER
56

AO 435 TRANSCRIPT REQUEST by Jose Garza for Transcript of Motions Hearing, March 19, 2019, Judge Ricardo Hinojosa. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Garza, Jose) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
57

AO 435 TRANSCRIPT REQUEST by Jerad Najvar for Transcript of Motion Hearing on 3/19/19 before Judge Hinojosa. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Najvar, Jerad) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
58

Second AMENDED COMPLAINT against All Defendants filed by Federico Flores, Jr., Vicente Guerrero, Maria Guerrero.(Najvar, Jerad) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

Clearinghouse
59

ANSWER to 58 Amended Complaint/Counterclaim/Crossclaim etc. by Rolando B. Pablos, filed.(Abrams, Michael) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

Clearinghouse
60

ANSWER to 58 Amended Complaint/Counterclaim/Crossclaim etc. by Alicia Dougherty(No. 1), Alicia Dougherty (No. 2), Alma Garcia, Armandina Martinez, Yolanda Martinez, filed.(Garza, Jose) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
61

Unopposed MOTION to Modify Scheduling Order by David Whitley, filed. Motion Docket Date 6/28/2019. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
62

Unopposed MOTION for Eric A. Hudson to Withdraw as Attorney by David Whitley, filed. Motion Docket Date 6/28/2019. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Eric Alan Hudson terminated. (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

PACER
64

ORDER (Discovery due by 7/15/2019, Motion Hearing reset for 9/18/2019 at 04:00 PM before Judge Ricardo H Hinojosa, Dispositive Motion Filing due by 7/29/2019, Non-Dispositive Motion Filing due by 7/29/2019) (Signed by Judge Ricardo H Hinojosa) Parties notified.(NelidaLosoya, 7) (Entered: 06/17/2019)

June 15, 2019

June 15, 2019

Clearinghouse
65

Amended MOTION for Summary Judgment by David Whitley, filed. Motion Docket Date 8/19/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Abrams, Michael) (Entered: 07/29/2019)

1 Exhibit A

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2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Proposed Order

View on PACER

July 29, 2019

July 29, 2019

Clearinghouse
66

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alicia Dougherty(No. 1), Alicia Dougherty (No. 2), Alma Garcia, Armandina Martinez, filed. Motion Docket Date 8/19/2019. (Attachments: # 1 Exhibit M. Guerrero dep, # 2 Exhibit V. Guerrero dep, # 3 Exhibit dep exhibit, # 4 Exhibit dep exhibit, # 5 Proposed Order)(Garza, Jose). (Entered: 07/29/2019)

1 Exhibit M. Guerrero dep

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2 Exhibit V. Guerrero dep

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3 Exhibit dep exhibit

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4 Exhibit dep exhibit

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5 Proposed Order

View on PACER

July 29, 2019

July 29, 2019

Clearinghouse
67

Amended MOTION for Summary Judgment by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero, filed. Motion Docket Date 8/19/2019. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Proposed Order granting summary judgment)(Najvar, Jerad) (Entered: 07/29/2019)

1 Exhibit Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

View on RECAP

4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 7

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8 Exhibit 8

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9 Proposed Order granting summary judgment

View on PACER

July 29, 2019

July 29, 2019

Clearinghouse
68

Additional EXHIBITS re: 67 Amended MOTION for Summary Judgment by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero, filed.(Najvar, Jerad) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
69

RESPONSE in Opposition to 67 Amended MOTION for Summary Judgment, filed by Alicia Dougherty(No. 1), Alicia Dougherty (No. 2), Alma Garcia, Armandina Martinez. (Attachments: # 1 Proposed Order)(Garza, Jose) (Entered: 08/19/2019)

1 Proposed Order

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Aug. 19, 2019

Aug. 19, 2019

Clearinghouse
70

RESPONSE in Opposition to 67 Amended MOTION for Summary Judgment, filed by David Whitley. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Abrams, Michael) (Entered: 08/19/2019)

1 Exhibit A

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2 Proposed Order

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Aug. 19, 2019

Aug. 19, 2019

Clearinghouse
71

RESPONSE in Opposition to 65 Amended MOTION for Summary Judgment, filed by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibit 9, # 3 Exhibit Exhibit 10, # 4 Exhibit Exhibit 11, # 5 Exhibit Exhibit 12, # 6 Proposed Order Proposed Order)(Whatley, Austin) (Entered: 08/19/2019)

1 Appendix Index of Exhibits

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2 Exhibit Exhibit 9

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3 Exhibit Exhibit 10

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4 Exhibit Exhibit 11

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5 Exhibit Exhibit 12

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6 Proposed Order Proposed Order

View on PACER

Aug. 19, 2019

Aug. 19, 2019

Clearinghouse
72

RESPONSE in Opposition to 66 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero. (Attachments: # 1 Proposed Order denying EVBB Defendants motion)(Najvar, Jerad) (Entered: 08/19/2019)

1 Proposed Order denying EVBB Defendants motion

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Aug. 19, 2019

Aug. 19, 2019

Clearinghouse
73

NOTICE of Party Substitution by David Whitley, filed. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
75

ORDER on 73 Defendant's Notice of Substitution, David Whitley (in his official capacity as Texas Secretary of State) terminated(Signed by Judge Ricardo H Hinojosa) Parties notified.(NelidaLosoya, 7) (Entered: 08/26/2019)

Aug. 25, 2019

Aug. 25, 2019

PACER
74

REPLY in Support of 65 Amended MOTION for Summary Judgment, filed by David Whitley. (Abrams, Michael) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

Clearinghouse
76

REPLY in Support of 67 Amended MOTION for Summary Judgment, filed by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero. (Najvar, Jerad) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
77

REPLY in Support of 67 Amended MOTION for Summary Judgment, filed by Federico Flores, Jr., Maria Guerrero, Vicente Guerrero. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibit 13)(Whatley, Austin) (Entered: 08/26/2019)

1 Appendix Index of Exhibits

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2 Exhibit Exhibit 13

View on RECAP

Aug. 26, 2019

Aug. 26, 2019

PACER
78

NOTICE of Resetting. Parties notified. Motion Hearing reset for 10/16/2019 at 04:00 P.M. before Judge Ricardo H Hinojosa (previously set for 9/18/2019), filed. (adelagarza, 7) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER

Minute Entry for proceedings held before Judge Ricardo H Hinojosa. MOTION HEARING held on 10/16/2019. Case called on the docket. All parties present. Parties addressed Defendant's 65 Amended Motion for Summary Judgment, Defendants' 66 Motion to Dismiss and Plaintiffs' 67 Amended Motion for Summary Judgment. The Court set a Status Conference for 12/12/2019 at 04:00 P.M. before Judge Ricardo H Hinojosa. Appearances: Jose Garza, Austin Michael Bryan Whatley, Michael Raphael Abrams.(ERO:Tony Tijerina (4:13-4:41), filed.(adelagarza, 7)

Oct. 16, 2019

Oct. 16, 2019

PACER
79

AO 435 TRANSCRIPT REQUEST by Austin Whatley for Transcript of Motion Hearing on 10/16/19 before Judge Hinojosa. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Whatley, Austin) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Motion Hearing

Oct. 17, 2019

Oct. 17, 2019

PACER
80

TRANSCRIPT re: Motions Hearing held on October 16, 2019 before Judge Ricardo H Hinojosa. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Austin Whatley Release of Transcript Restriction set for 1/24/2020., filed. (mahenry, ) (Entered: 10/26/2019)

Oct. 26, 2019

Oct. 26, 2019

PACER
81

Notice of Filing of Official Transcript as to 80 Transcript,. Party notified, filed. (atijerina, 7) (Entered: 10/28/2019)

Oct. 26, 2019

Oct. 26, 2019

PACER
82

AO 435 TRANSCRIPT REQUEST by Ruth R. Hughs/Michael R. Abrams for Transcript of Motion Hearing held on 10/16/2019/Judge Ricardo H Hinojosa. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Abrams, Michael) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
83

MOTION for Martin Golando to Appear Pro Hac Vice by Alma Garcia, filed. Motion Docket Date 12/26/2019. (Attachments: # 1 Exhibit certificate in good standing)(Garza, Jose) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
84

ORDER granting 83 Motion for Martin Golando to Appear Pro Hac Vice.(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 12/06/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

~Util - Terminate Deadlines

Dec. 9, 2019

Dec. 9, 2019

PACER

Oral Order

Dec. 9, 2019

Dec. 9, 2019

PACER

ORAL ORDER, Status Conference of 12/12/2019 has been cancelled until further notice. (by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7)

Dec. 9, 2019

Dec. 9, 2019

PACER
85

NOTICE of Setting. Parties notified. Motion Hearing set for 3/25/2020 at 04:00 P.M. before Judge Ricardo H Hinojosa, filed. (adelagarza, 7) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
86

Unopposed MOTION Motion for Leave to Appear for Motion Hearing via Telephone by Ruth R. Hughs, filed. Motion Docket Date 4/8/2020. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 03/18/2020)

1 Proposed Order

View on PACER

March 18, 2020

March 18, 2020

Clearinghouse

Oral Order

March 19, 2020

March 19, 2020

PACER

ORAL ORDER *Granting 86 Unopposed Motion for Leave to Appear for Motion Hearing via Telephone. (by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7) *Modified on 3/19/2020 (adelagarza, 7).

March 19, 2020

March 19, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 11, 2018

Closing Date: Dec. 12, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two unsuccessful candidates for public office and four voters whose mail-in ballot was rejected due to perceived signature discrepancies

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Secretary of State, State

Early Voting Ballot Board (EVBB) for Starr County (Starr), None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: None

Issues