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

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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)

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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

Docket

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

Last updated Aug. 3, 2025, 3:37 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

PACER
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

PACER

Summons Issued/Not Issued

March 7, 2016

March 7, 2016

PACER

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

PACER
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

PACER
5

First CERTIFICATE OF INTERESTED PARTIES by American Civil Rights Union, filed.(Wiesehan, Eric) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
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

PACER
8

CERTIFICATE of Conference by American Civil Rights Union, filed.(Wiesehan, Eric) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

Oral Order

May 3, 2016

May 3, 2016

PACER
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

PACER
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

PACER

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

PACER

Pretrial Conference

May 9, 2016

May 9, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

Status Conference

June 29, 2016

June 29, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER

Motion Hearing

Aug. 15, 2016

Aug. 15, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER

Motion Hearing

Aug. 30, 2016

Aug. 30, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

Minute Entry

Sept. 19, 2016

Sept. 19, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Summons Issued/Not Issued

Oct. 14, 2016

Oct. 14, 2016

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Oral Order

Jan. 13, 2017

Jan. 13, 2017

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

Motion Hearing

March 3, 2017

March 3, 2017

PACER
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

PACER

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

PACER

Telephone Conference

April 28, 2017

April 28, 2017

PACER
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

PACER
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

PACER
72

NOTICE New Starr County Elections Administrator by Rafael R Montalvo, filed. (Allison, James) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
73

NOTICE New Elections Administrator Appointed by Rafael R Montalvo, filed. (Allison, James) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER

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

PACER

Telephone Conference

May 31, 2017

May 31, 2017

PACER
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

PACER
75

PROPOSED ORDER re: 74 Joint MOTION for Protective Order, filed.(Phillips, Kaylan) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
76

CERTIFICATE OF INTERESTED PARTIES by Rolando Pablos, filed.(Bitter, Adam) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

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: 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)

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Election administration

Voter registration rules

Voting: General & Misc.