Case: American Civil Rights Union v. Rodriguez

7:16-cv-00103 | U.S. District Court for the Southern District of Texas

Filed Date: March 4, 2016

Case Ongoing

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Case Summary

This is a case about an Election Administrator’s alleged failure to maintain voter lists and produce records and data related to said efforts, as required under federal law. On March 4, 2016, the American Civil Rights Unions filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued the Starr County Election Administrator under Section 8 of the National Voter Registration Act of 1993 (“NVRA”). Represented by counsel, the plaintiff sought declaratory and injunctive relief to compel defendant’s compliance with Section 8 of the NVRA. They claimed that defendant violated Section 8 by failing to make a reasonable effort to conduct voter list maintenance programs in elections for federal office and by failing to produce records and data related to those efforts.

On April 6, 2016, defendant filed a motion to dismiss for lack of subject-matter jurisdiction and failure to state a claim upon which relief may be granted, arguing that plaintiff had no private right of action under the NVRA because private actions for alleged NVRA violations may only be brought against the state or its chief election official, not against county officials like defendant. On April 27, 2016, plaintiff filed a response in opposition to defendant’s motion to dismiss, arguing that Texas law vests defendant with the responsibility of conducting voter registration and voter roll maintenance. On May 5, 2016 District Judge Ricardo H. Hinojosa denied the motion to dismiss.

Later in the summer, on July 15, 2016, defendant filed an amended motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, alleging that the NVRA does not authorize a private right of action against county officials and because plaintiff’s suit failed to comply with the pre-suit notice requirements of section 52 U.S.C. § 20510(b).

In response, plaintiff filed an amended complaint, adding the Texas Secretary of State as a defendant in his official capacity, on October 5, 2016.

On December 1, 2016, defendant Texas Secretary of State filed a motion to dismiss plaintiff’s first amended complaint, arguing that plaintiff failed to provide required pre-suit notice under 52 U.S.C. § 20510(b)(1) and that plaintiff failed to allege the State of Texas violated the NVRA, and on December 22, 2016, defendant Starr County Election Administrator responded in support of defendant Texas Secretary of State’s motion to dismiss. On March 2, 2017, after the amended motion to dismiss was fully briefed, the court denied the amended motion to dismiss without prejudice.

On March 16, 2017, defendant Texas Secretary of State filed an Answer to plaintiff’s amended complaint.

Throughout 2017 and into early 2018, discovery was conducted.

On March 12, 2018, Starr County Election Administrator filed a motion for summary judgment, arguing that plaintiff did not have Article III standing because plaintiff suffered no injury in fact because defendant did not cause the alleged injury, rather the alleged injury is a cost incurred due to plaintiff’s day to day activities. Additionally, defendant argued that plaintiff’s claims could not be redressed by the Court under the NVRA because plaintiff did not articulate a request for the court to remedy any violation – rather, plaintiff requested the Court order defendants to “follow the law.” Additionally, defendants alleged that plaintiff lacked standing to sue because the Help America Vote Act did not allow for a private right of action, and the NVRA only allowed standing to sue the Texas Secretary of State. Lastly, defendant alleged that plaintiff did not comply with proper notice requirements to make a claim for failure to allow inspection of the documents under the NVRA. The motion was fully briefed by April 13, 2018.

On September 5, 2018, plaintiffs and defendants filed a joint motion to dismiss, after coming to a settlement agreement. The terms of the settlement are unclear at this time. On September 7, 2018, Judge Ricardo H. Hinojosa granted the joint motion to dismiss.

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Summary Authors

Justine McCarthy Potter (5/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4547432/parties/american-civil-rights-union-v-rodriguez/

Judge(s)

Attorney for Plaintiff

Adams, J. Christian (Texas)

Attorney for Defendant

Abrams, Michael Raphael (Texas)

Allison, James P (Texas)

Arnold, Philip Barr (Texas)

Bitter, Adam Nicholas (Texas)

Judge(s)

Hinojosa, Ricardo H. (Texas)

Attorney for Plaintiff

Adams, J. Christian (Texas)

Coates, H. Christopher (Texas)

Johnson, Noel H. (Texas)

Klukowski, Kenneth Alan (Texas)

Phillips, Kaylan L (Texas)

Wiesehan, Eric (Texas)

Attorney for Defendant

Abrams, Michael Raphael (Texas)

Allison, James P (Texas)

Arnold, Philip Barr (Texas)

Bitter, Adam Nicholas (Texas)

Ledbetter, Phillip L (Texas)

Magee, Jason Eric (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 7:16-cv-00103	Complaint American Civil Rights Union v. Montalvo	March 4, 2016	March 4, 2016 Complaint
6-1 7:16-cv-00103	Order on Motion to Dismiss American Civil Rights Union v. Montalvo	April 6, 2016	April 6, 2016 Order/Opinion
6 7:16-cv-00103	Defendant Rafael R. Montalvo's Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Motion to Dismiss for Failure to State a Claim American Civil Rights Union v. Montalvo	April 6, 2016	April 6, 2016 Pleading / Motion / Brief
11 7:16-cv-00103	Response in Opposition to Defendant's Motion to Dismiss American Civil Rights Union v. Montalvo	April 27, 2016	April 27, 2016 Pleading / Motion / Brief
11-1 7:16-cv-00103 New Docket	Order American Civil Rights Union v. Martinez-Rivera U.S. District Court for the Western District of Texas	April 27, 2016	April 27, 2016 Order/Opinion
18 7:16-cv-00103	Defendant's Original Answer and Jury Demand American Civil Rights Union v. Montalvo	May 19, 2016	May 19, 2016 Pleading / Motion / Brief
49 7:16-cv-00103	First Amended Complaint American Civil Rights Union v. Montalvo	Oct. 5, 2016	Oct. 5, 2016 Complaint
55 7:16-cv-00103	Defendant Carlos h. Cascos' Motion to Dismiss Plaintiff's First Amended Complaint American Civil Rights Union v. Montalvo	Dec. 1, 2016	Dec. 1, 2016 Pleading / Motion / Brief
57 7:16-cv-00103	Plaintiff Acru's Response to Defendant Cascos' Motion to Dismiss the First Amended Complaint American Civil Rights Union v. Montalvo	Dec. 22, 2016	Dec. 22, 2016 Pleading / Motion / Brief
56 7:16-cv-00103	Defendant Rafael R. Montalvo's Response to Defendant Carlos H. Cascos' Motion to Dismiss Plaintiff's First Amended Complaint American Civil Rights Union v. Montalvo	Dec. 22, 2016	Dec. 22, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4547432/american-civil-rights-union-v-rodriguez/

Last updated Oct. 19, 2025, 12:40 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Rafael R Montalvo (Filing fee $ 400 receipt number 0541-16278609) filed by American Civil Rights Union. (Attachments: # 1 Exhibit Exhibit A to Starr Complaint)(Wiesehan, Eric) (Entered: 03/04/2016) 1 Exhibit Exhibit A to Starr Complaint View on RECAP	March 4, 2016	March 4, 2016 Clearinghouse
2	Request for Issuance of Summons as to Rafael R Montalvo, filed.(Wiesehan, Eric) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016
3	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/5/2016 at 02:30 PM before Chief Judge Ricardo H. Hinojosa(by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 03/07/2016)	March 7, 2016	March 7, 2016
	Summons Issued/Not Issued	March 7, 2016	March 7, 2016
	Summons Issued as to Rafael R Montalvo. Issued summons returned to plaintiff by: First-class mail, filed.(jengonzalez, 7)	March 7, 2016	March 7, 2016
4	RETURN of Service of SUMMONS Executed as to Rafael R Montalvo served on 3/16/2016, answer due 4/6/2016, filed.(Wiesehan, Eric) (Entered: 03/21/2016)	March 21, 2016	March 21, 2016
5	First CERTIFICATE OF INTERESTED PARTIES by American Civil Rights Union, filed.(Wiesehan, Eric) (Entered: 03/22/2016)	March 22, 2016	March 22, 2016
6	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject-Matter Jurisdiction by Rafael R Montalvo, filed. Motion Docket Date 4/27/2016. (Attachments: # 1 Proposed Order Granting Defendant's Motion to Dismiss)(Allison, James) (Entered: 04/06/2016) 1 Proposed Order Granting Defendant's Motion to Dismiss View on RECAP	April 6, 2016	April 6, 2016 Clearinghouse
7	CERTIFICATE OF INTERESTED PARTIES by Rafael R Montalvo, filed.(Ledbetter, Phillip) (Entered: 04/25/2016)	April 25, 2016	April 25, 2016
8	CERTIFICATE of Conference by American Civil Rights Union, filed.(Wiesehan, Eric) (Entered: 04/25/2016)	April 25, 2016	April 25, 2016
9	Unopposed MOTION for Christopher Coates and Christian Adams to Appear as Telephonically by American Civil Rights Union, filed. Motion Docket Date 5/16/2016. (Wiesehan, Eric) (Entered: 04/25/2016)	April 25, 2016	April 25, 2016
13	ORDER striking 9 Motion for Leave to Appear Telephonically.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7) (Entered: 04/28/2016)	April 26, 2016	April 26, 2016
10	MOTION for Kaylan Phillips to Appear Pro Hac Vice by American Civil Rights Union, filed. Motion Docket Date 5/18/2016. (Wiesehan, Eric) (Entered: 04/27/2016)	April 27, 2016	April 27, 2016
11	RESPONSE in Opposition to 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject-Matter Jurisdiction, filed by American Civil Rights Union. (Attachments: # 1 Exhibit Exhibit "A", # 2 Proposed Order Proposed Order on Defendant's Motion to Dismiss)(Wiesehan, Eric) (Entered: 04/27/2016) 1 Exhibit Exhibit "A" View on RECAP 2 Proposed Order Proposed Order on Defendant's Motion to Dismiss View on RECAP	April 27, 2016	April 27, 2016 Clearinghouse
12	ORDER granting 10 Motion for Kaylan L Phillips to Appear Pro Hac Vice.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016
14	Unopposed MOTION for Christopher Coates and Christian Adams to Appear as Telephonic by American Civil Rights Union, filed. Motion Docket Date 5/20/2016. (Attachments: # 1 Proposed Order Order on Unopposed Motion to Appear Telephonically)(Wiesehan, Eric) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016
	ORAL ORDER by Chief Judge Ricardo H. Hinojosa granting 14 Unopposed MOTION for Christopher Coates and Christian Adams to Appear as Telephonic Parties notified.(jengonzalez, 7)	May 3, 2016	May 3, 2016
	Oral Order	May 3, 2016	May 3, 2016
15	MOTION for H. Christopher Coates to Appear Pro Hac Vice by American Civil Rights Union, filed. Motion Docket Date 5/26/2016. (Wiesehan, Eric) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016
16	ORDER granting 15 Motion H. Christopher Coates to Appear Pro Hac Vice on behalf of American Civil Rights Union.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016
	Minute Entry for proceedings held before Chief Judge Ricardo H Hinojosa. INITIAL PRETRIAL CONFERENCE held on 5/5/2016. Case called on the docket. Mr. Coates attended telephonically. Parties addressed 6 Motion to Dismiss for Failure to State a Claim. After considering arguments of counsel, the Court denied 6 Motion to Dismiss for Failure to State a Claim. The Court ordered parties to provide dates to the Court for next scheduled hearing. Appearances: H. Christopher Coates, Eric Wiesehan, Phillip L Ledbetter.(ERO:Tony Tijerina (2:48 / 3:21-3:54), filed.(adelagarza, 7)	May 5, 2016	May 5, 2016
	Pretrial Conference	May 9, 2016	May 9, 2016
17	NOTICE of Setting. Parties notified. Status Conference set for 6/8/2016 at 04:00 PM before Chief Judge Ricardo H Hinojosa, filed. (adelagarza, 7) (Entered: 05/19/2016)	May 19, 2016	May 19, 2016
18	ANSWER to 1 Complaint with Jury Demand by Rafael R Montalvo, filed. (Attachments: # 1 Exhibit ACRU Newspaper Ad, # 2 Exhibit Starr County Voter Registration Figures, # 3 Exhibit Quick Facts from the US Census Bureay, # 4 Exhibit SOS Voter Registration Website Information)(Allison, James) (Entered: 05/19/2016) 1 Exhibit ACRU Newspaper Ad View on RECAP 2 Exhibit Starr County Voter Registration Figures View on RECAP 3 Exhibit Quick Facts from the US Census Bureay View on RECAP 4 Exhibit SOS Voter Registration Website Information View on RECAP	May 19, 2016	May 19, 2016 Clearinghouse
19	MOTION for J. Christian Adams to Appear Pro Hac Vice by American Civil Rights Union, filed. Motion Docket Date 6/22/2016. (Wiesehan, Eric) (Entered: 06/01/2016)	June 1, 2016	June 1, 2016
20	ORDER granting 19 MOTION for J. Christian Adams to Appear Pro Hac Vice, Attorney J. Christian Adams for American Civil Rights Union added (Signed by Chief Judge Ricardo H Hinojosa) Parties notified.(bgarces, 7) (Entered: 06/03/2016)	June 1, 2016	June 1, 2016
21	NOTICE of Resetting. Parties notified. Status Conference reset for 6/28/2016 at 04:00 PM before Chief Judge Ricardo H Hinojosa, (previously set for 6/8/2016) filed. (adelagarza, 7) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
22	NOTICE of Service of Discovery Requests by American Civil Rights Union, filed. (Wiesehan, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
	Minute Entry for proceedings held before Chief Judge Ricardo H Hinojosa. STATUS CONFERENCE held on 6/28/2016. Case called on the docket. All parties present. Parties address 6 Motion to Dismiss. After considering arguments of counsel, Defendant informed the Court they will file an amended motion to dismiss. The Court ordered Defendant to file amended motion to dismiss by 7/15/2016 and Plaintiff to file response. The Court set a Motion Hearing for 8/11/2016 at 04:00 P.M. before Chief Judge Ricardo H Hinojosa Appearances: H. Christopher Coates, Eric Wiesehan, J. Christian Adams, James P Allison, Phillip L Ledbetter.(ERO:Tony Tijerina (4:19-4:44), filed.(adelagarza, 7)	June 28, 2016	June 28, 2016
	Status Conference	June 29, 2016	June 29, 2016
23	AO 435 TRANSCRIPT REQUEST by Kaylan Phillips for Transcript of STATUS CONFERENCE, held on June 28, 2016, Ricardo H. Hinojosa. Expedited (7 days) turnaround requested. Transcriber: Exceptional Reporting Services, filed. (atijerina, 7) (Entered: 07/14/2016)	July 14, 2016	July 14, 2016
24	First AMENDED 6 MOTION by Rafael R Montalvo, filed. Motion Docket Date 8/5/2016. (Attachments: # 1 Proposed Order)(Allison, James) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016
25	TRANSCRIPT re: STATUS CONFERENCE held on 6/28/16 before Chief Judge Ricardo H Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KAYLAN PHILLIPS Release of Transcript Restriction set for 10/17/2016., filed. (thudson, ) (Entered: 07/18/2016)	July 18, 2016	July 18, 2016
26	Notice of Filing of Official Transcript as to 25 Transcript. Party notified, filed. (atijerina, 7) (Entered: 07/20/2016)	July 18, 2016	July 18, 2016
29	AO 435 TRANSCRIPT REQUEST by Kaylan Phillips for Transcript of INITIAL PRETRIAL CONFERENCE May 5, 2016 before Judge Ricardo H. Hinojosa. Expedited (7 days) turnaround requested. Transcriber: Exceptional Reporting Services, filed. (atijerina, 7) (Entered: 08/02/2016)	July 27, 2016	July 27, 2016
27	TRANSCRIPT re: HEARING held on 5/5/16 before Chief Judge Ricardo H Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KAYLAN PHILLIPS Release of Transcript Restriction set for 10/31/2016., filed. (thudson, ) (Entered: 08/02/2016)	Aug. 2, 2016	Aug. 2, 2016
28	Notice of Filing of Official Transcript as to 27 Transcript. Party notified, filed. (atijerina, 7) (Entered: 08/02/2016)	Aug. 2, 2016	Aug. 2, 2016
30	RESPONSE in Opposition to 24 First AMENDED 6 MOTION, filed by American Civil Rights Union. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Response to RFA, # 3 Exhibit C - Response to Interrogatories, # 4 Proposed Order Proposed Order on Def's First Amended Motion to Dismiss)(Wiesehan, Eric) (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016
31	AO 435 TRANSCRIPT REQUEST by James P. Allison for Transcript of Initial Pretrial Conference on 05/5/16 before Judge Hinojosa and Status Conference on 6/28/16 before Judge Hinojosa. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Allison, James) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016
32	AO 435 TRANSCRIPT REQUEST by James P. Allison for Transcript of Initial Pretrial Conference on 05/5/16 before Judge Hinojosa and Status Conference on 6/28/16 before Judge Hinojosa. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Allison, James) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016
33	MOTION for Leave to File Amicus Curiae Brief by State Of Texas, filed. Motion Docket Date 8/31/2016. (Attachments: # 1 Exhibit A-Amicus Curiae Brief, # 2 Proposed Order)(Bitter, Adam) (Entered: 08/10/2016)	Aug. 10, 2016	Aug. 10, 2016
34	ORDER Striking Document re: 33 MOTION for Leave to File Amicus Curiae Brief (Signed by Chief Judge Ricardo H Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 08/11/2016)	Aug. 11, 2016	Aug. 11, 2016
35	MOTION for Leave to File Amicus Curiae Brief in Partial Opposition to Defendant's First Amended Motion to Dismiss by State Of Texas, filed. Motion Docket Date 9/1/2016. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order)(Bitter, Adam) (Entered: 08/11/2016)	Aug. 11, 2016	Aug. 11, 2016
	Minute Entry for proceedings held before Chief Judge Ricardo H Hinojosa. MOTION HEARING held on 8/11/2016. Case called on the docket. All parties present. Parties informed the Court the status of the case. After some discussion, the Court ordered clerk to contact counsel Adam Bitter and inform him the Court will address 35 Motion for Leave to File Amicus Curiae Brief on 8/26/2016 at 04:00 P.M. Appearances: H. Christopher Coates, Kaylan L Phillips, Eric Wiesehan, James P Allison, Phillip L Ledbetter.(ERO:Tony Tijerina (4:11-4:58), filed.(adelagarza, 7)	Aug. 11, 2016	Aug. 11, 2016
36	AO 435 TRANSCRIPT REQUEST by Kaylan Phillips for Transcript of Motion Hearing on 8/11/2016 before Judge Ricardo H Hinojosa. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Phillips, Kaylan) (Entered: 08/15/2016)	Aug. 15, 2016	Aug. 15, 2016
	Motion Hearing	Aug. 15, 2016	Aug. 15, 2016
37	TRANSCRIPT re: MOTION HEARING held on 8/11/16 before Chief Judge Ricardo H Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KAYLAN PHILLIPS Release of Transcript Restriction set for 11/21/2016., filed. (thudson, ) (Entered: 08/23/2016)	Aug. 23, 2016	Aug. 23, 2016
38	NOTICE of Resetting. Parties notified. Motion Hearing on 35 Motion for Leave to File Amicus Curiae Brief reset for 8/29/2016 at 04:00 PM before Chief Judge Ricardo H Hinojosa, filed. (adelagarza, 7) (Entered: 08/23/2016)	Aug. 23, 2016	Aug. 23, 2016
39	Notice of Filing of Official Transcript as to 37 Transcript. Party notified, filed. (atijerina, 7) (Entered: 08/24/2016)	Aug. 23, 2016	Aug. 23, 2016
40	AO 435 TRANSCRIPT REQUEST by James P. Allison for Transcript of Motion Hearing 8/11/2016. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Allison, James) (Entered: 08/26/2016)	Aug. 26, 2016	Aug. 26, 2016
	Minute Entry for proceedings held before Chief Judge Ricardo H Hinojosa. MOTION HEARING held on 8/29/2016. Case called on the docket. All parties present. Parties addressed 24 First Amended Motion to Dismiss and 35 Motion for Leave to File Amicus Curiae Brief. After some discussion, the Court granted 35 Motion for Leave to File Amicus Curiae Brief. The Court set ruling on 24 First Amended Motion to Dismiss for 9/6/2016 at 9:30 a.m. Plaintiff can attend telephonically. Appearances: H. Christopher Coates, Kaylan L Phillips, Eric Wiesehan, James P Allison, Phillip L Ledbetter, Adam Nicholas Bitter.(ERO:Tony Tijerina (4:48-6:23), filed.(adelagarza, 7) Modified on 9/6/2016 (adelagarza, 7).	Aug. 29, 2016	Aug. 29, 2016
41	NOTICE of Resetting. Parties notified. Ruling on 24 First Amended Motion to Dismiss reset for 9/12/2016 at 04:00 PM before Chief Judge Ricardo H Hinojosa (previously set for 9/6/2016), filed. (adelagarza, 7) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016
	Motion Hearing	Aug. 30, 2016	Aug. 30, 2016
42	SEALED MOTION for Extension of Time to Inform the Court of Intentions to Amend the Complaint and Add a Party-Defendant by American Civil Rights Union, filed. Motion Docket Date 9/29/2016. (Attachments: # 1 Proposed Order)(Wiesehan, Eric) *Modified on 9/8/2016 (adelagarza, 7). (Entered: 09/08/2016)	Sept. 8, 2016	Sept. 8, 2016
43	SEALED CERTIFICATE of Conference re: 42 MOTION for Extension of Time to Inform the Court of Intentions to Amend the Complaint and Add a Party-Defendant by American Civil Rights Union, filed.(Wiesehan, Eric) *Modified on 9/9/2016 (adelagarza, 7). (Entered: 09/09/2016)	Sept. 9, 2016	Sept. 9, 2016
44	ORDER Granting 42 MOTION for Extension of Time to Inform the Court of Intentions to Amend the Complaint and Add a Party-Defendant ( Ruling on 24 First Amended Motion to Dismiss reset for 9/16/2016 at 03:30 PM before Chief Judge Ricardo H Hinojosa)(Signed by Chief Judge Ricardo H Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 09/09/2016)	Sept. 9, 2016	Sept. 9, 2016
45	NOTICE of Intent to File Amended Complaint and Add Party-Defendant re: 42 MOTION for Extension of Time to Inform the Court of Intentions to Amend the Complaint and Add a Party-Defendant by American Civil Rights Union, filed. (Wiesehan, Eric) (Entered: 09/16/2016)	Sept. 16, 2016	Sept. 16, 2016
	Minute Entry for proceedings held before Chief Judge Ricardo H Hinojosa. HEARING held on 9/16/2016. Case called on the docket. Mr. Coates and Ms. Phillips attended telephonically. Parties addressed 45 Notice of Intent to File Amended Complaint. After some discussion, Plaintiff to file amended complaint by 9/23/2016. Appearances: H. Christopher Coates, Kaylan L Phillips, Eric Wiesehan, Phillip L Ledbetter.(ERO:Tony Tijerina (3:32-3:34), filed.(adelagarza, 7)	Sept. 16, 2016	Sept. 16, 2016
	Minute Entry	Sept. 19, 2016	Sept. 19, 2016
46	MOTION to Amend 1 Complaint by American Civil Rights Union, filed. Motion Docket Date 10/14/2016. (Attachments: # 1 Proposed Order)(Wiesehan, Eric) (Entered: 09/23/2016)	Sept. 23, 2016	Sept. 23, 2016
47	RESPONSE to 46 MOTION to Amend 1 Complaint filed by Rafael R Montalvo. (Attachments: # 1 Proposed Order Order on Plaintiff's Motion to Amend Its Complaint and Add a Party-Defendant)(Ledbetter, Phillip) (Entered: 10/04/2016)	Oct. 4, 2016	Oct. 4, 2016
48	ORDER granting 46 Motion to Amend Complaint.(Signed by Chief Judge Ricardo H Hinojosa) Parties notified.(bgarces, 7) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016
49	First AMENDED COMPLAINT against Rafael R Montalvo, Carlos H. Cascos filed by American Civil Rights Union.(bgarces, 7) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016 Clearinghouse
50	Request for Issuance of Summons as to State Of Texas, filed.(Wiesehan, Eric) (Entered: 10/14/2016)	Oct. 14, 2016	Oct. 14, 2016
	Summons Issued/Not Issued	Oct. 14, 2016	Oct. 14, 2016
	Summons Issued as to Texas Secretary of State. Issued summons returned to plaintiff by: First-class mail, filed.(bgarces, 7)	Oct. 14, 2016	Oct. 14, 2016
51	RETURN of Service of SUMMONS Executed as to Carlos H. Cascos served on 10/20/2016, answer due 11/10/2016, filed.(Wiesehan, Eric) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016
52	Unopposed MOTION for Extension of Time to File answer or Other Responsive Pleading to Plaintiff's First Amended Complaint by Carlos H. Cascos, filed. Motion Docket Date 11/21/2016. (Attachments: # 1 Proposed Order)(Bitter, Adam) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016
53	ORDER granting 52 Motion for Extension of Time. Defendant Cascos' response to Plaintiff's First Amended Complaint is due no later than 12/01/2016.(Signed by Chief Judge Ricardo H Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 11/01/2016)	Nov. 1, 2016	Nov. 1, 2016
54	NOTICE of Appearance by Michael R. Abrams on behalf of Carlos H. Cascos, filed. (Abrams, Michael) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016
55	MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc. by Carlos H. Cascos, filed. Motion Docket Date 12/22/2016. (Attachments: # 1 Proposed Order)(Bitter, Adam) (Entered: 12/01/2016) 1 Proposed Order View on RECAP	Dec. 1, 2016	Dec. 1, 2016 Clearinghouse
56	RESPONSE to 55 MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc. filed by Rafael R Montalvo. (Allison, James) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 Clearinghouse
57	RESPONSE to 55 MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc. filed by American Civil Rights Union. (Attachments: # 1 Proposed Order Denying Defendant Secretary Cascos' Motion to Dismiss)(Wiesehan, Eric) (Entered: 12/22/2016) 1 Proposed Order Denying Defendant Secretary Cascos' Motion to Dismiss View on RECAP	Dec. 22, 2016	Dec. 22, 2016 Clearinghouse
58	REPLY in Support of 55 MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc., filed by Carlos H. Cascos. (Bitter, Adam) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 Clearinghouse
	ORAL ORDER by Judge Ricardo H Hinojosa Motion Hearing re: 24 First AMENDED Motion to Dismiss and 55 MOTION to Dismiss set for 2/16/2017 at 04:00 PM before Judge Ricardo H Hinojosa Parties notified.(jengonzalez, 7)	Jan. 13, 2017	Jan. 13, 2017
	Oral Order	Jan. 13, 2017	Jan. 13, 2017
59	NOTICE of Change of Address by J. Christian Adams, counsel for American Civil Rights Union, filed. (jengonzalez, 7) (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017
60	NOTICE of Resetting. Parties notified. Motion Hearing on 24 First Amended Motion to Dismiss and 55 Motion to Dismiss reset for 3/2/2017 at 04:00 P.M. before Judge Ricardo H Hinojosa (previously set for 2/16/2017), filed. (adelagarza, 7) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017
61	SURREPLY to 55 MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc., filed by American Civil Rights Union. (Wiesehan, Eric) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 Clearinghouse
62	MOTION to Substitute Attorney Philip B. Arnold in place of Phillip L. Ledbetter by Rafael R Montalvo, filed. Motion Docket Date 3/21/2017. (Allison, James) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017
63	ORDER Striking Document re: 62 MOTION to Substitute Attorney Philip B. Arnold in place of Phillip L. Ledbetter (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 03/01/2017)	Feb. 28, 2017	Feb. 28, 2017
64	Unopposed MOTION to Substitute Attorney Philip B. Arnold in place of Phillip L. Ledbetter by Rafael R Montalvo, filed. Motion Docket Date 3/22/2017. (Allison, James) (Entered: 03/01/2017)	March 1, 2017	March 1, 2017
65	ORDER GRANTING UNOPPOSED MOTION TO SUBSTITUTE COUNSEL Granting 64 Unopposed MOTION to Substitute Attorney Philip B. Arnold in place of Phillip L. Ledbetter. Attorney Philip Barr Arnold for Rafael R Montalvo added.(Signed by Judge Ricardo H Hinojosa) Parties notified.(jengonzalez, 7) (Entered: 03/02/2017)	March 2, 2017	March 2, 2017
	Minute Entry for proceedings held before Judge Ricardo H Hinojosa. MOTION HEARING held on 3/2/2017. Case called on the docket. All parties present. Parties addressed 24 First Amended Motion to Dismiss and 55 Motion to Dismiss. After considering arguments of counsel, the Court denied 55 Motion to Dismiss and the Court further denied 24 First Amended Motion to Dismiss without prejudice to refilling. The Court set a Status Conference for 4/27/2017 at 04:00 P.M. Appearances: H. Christopher Coates, Kaylan L Phillips, Eric Wiesehan, Adam Nicholas Bitter, Philip Barr Arnold.(ERO:Tony Tijerina (4:08-4:47), filed.(adelagarza, 7)	March 2, 2017	March 2, 2017
	Motion Hearing	March 3, 2017	March 3, 2017
66	ANSWER to 49 Amended Complaint/Counterclaim/Crossclaim etc. by Carlos H. Cascos, filed.(Bitter, Adam) (Entered: 03/16/2017)	March 16, 2017	March 16, 2017 Clearinghouse
67	NOTICE Vacation Letter by Rafael R Montalvo, filed. (Allison, James) (Entered: 03/20/2017)	March 20, 2017	March 20, 2017 Clearinghouse
68	Unopposed MOTION to Abate by Rafael R Montalvo, filed. Motion Docket Date 5/11/2017. (Arnold, Philip) (Entered: 04/20/2017)	April 20, 2017	April 20, 2017 Clearinghouse
69	NOTICE of Setting. Parties notified. Telephonic Status Conference set for 4/27/2017 at 04:00 P.M. before Judge Ricardo H Hinojosa (previously set for a in person status conference), filed. (adelagarza, 7) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017
	Minute Entry for proceedings held before Judge Ricardo H Hinojosa. TELEPHONE CONFERENCE held on 4/27/2017. Case called on the docket. All parties attended telephonically. Parties addressed 68 Unopposed Motion to Abate and Defense counsel Mr. Arnold informed the Court status on new appointment for Starr County Election Administrator. After some discussion, the Court set a Telephonic Status Conferencet for 5/23/2017 at 04:00 P.M. before Judge Ricardo H Hinojosa. Appearances: H. Christopher Coates, Kaylan L Phillips, Michael Raphael Abrams, Philip Barr Arnold.(ERO:Tony Tijerina (4:12-4:18), filed.(adelagarza, 7)	April 27, 2017	April 27, 2017
	Telephone Conference	April 28, 2017	April 28, 2017
70	Joint MOTION for Protective Order by Carlos H. Cascos, filed. Motion Docket Date 5/30/2017. (Attachments: # 1 Exhibit Confidentiality and Protective Order, # 2 Proposed Order)(Bitter, Adam) (Entered: 05/09/2017) 1 Exhibit Confidentiality and Protective Order View on RECAP 2 Proposed Order View on PACER	May 9, 2017	May 9, 2017
71	NOTICE of Resetting. Parties notified. Telephonic Status Conference reset for 5/30/2017 at 04:00 PM before Judge Ricardo H Hinojosa (previously set for 5/23/2017), filed. (adelagarza, 7) (Entered: 05/15/2017)	May 15, 2017	May 15, 2017
72	NOTICE New Starr County Elections Administrator by Rafael R Montalvo, filed. (Allison, James) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017
73	NOTICE New Elections Administrator Appointed by Rafael R Montalvo, filed. (Allison, James) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017
	Minute Entry for proceedings held before Judge Ricardo H Hinojosa. TELEPHONIC STATUS CONFERENCE held on 5/30/2017. Case called on the docket. All parties attended telephonically. Parties addressed 72 / 73 Notice. After some discussion, the Court ordered substitution on the style of the case as stated on the record. Parties further addressed 70 Joint Motion for Protective Order. The Court instructed parties to re-file 70 Joint Motion for Protective Order as stated on the record. Parties to file updated Joint Discovery Case Management Plan by 5:00 p.m. on 7/31/2017 and the Court set a Status Conference for 8/10/2017 at 02:30 P.M. before Judge Ricardo H Hinojosa. Appearances: Kaylan L Phillips, Eric Wiesehan, Adam Nicholas Bitter, Philip Barr Arnold.(ERO:Tony Tijerina (4:11-4:20), filed.(adelagarza, 7)	May 30, 2017	May 30, 2017
	Telephone Conference	May 31, 2017	May 31, 2017
74	Joint MOTION for Protective Order by American Civil Rights Union, filed. Motion Docket Date 7/13/2017. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Phillips, Kaylan) (Entered: 06/22/2017) 1 Exhibit A View on PACER 2 Proposed Order View on PACER	June 22, 2017	June 22, 2017
75	PROPOSED ORDER re: 74 Joint MOTION for Protective Order, filed.(Phillips, Kaylan) (Entered: 06/28/2017)	June 28, 2017	June 28, 2017
76	CERTIFICATE OF INTERESTED PARTIES by Rolando Pablos, filed.(Bitter, Adam) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017

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Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: March 4, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a non-profit corporation which promotes election integrity, compliance with federal election laws, government transparency, and constitutional government.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Starr County Election Administrator (Starr), County

Texas Secretary of State, State

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Other Dockets:

Southern District of Texas 7:16-cv-00103