Case: Arlene Ocasio v. Comisión Estatal de Elecciones

3:20-cv-01432 | U.S. District Court for the District of Puerto Rico

Filed Date: Aug. 20, 2020

Closed Date: Sept. 23, 2020

Clearinghouse coding complete

Case Summary

On August 20, 2020, two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Puerto Rico. The plaintiffs alleged that the Comisión Estatal de Elecciones de Puerto Rico (“the Commission”), the Puerto Rican government agency that oversees and manages elections in Puerto Rico, and the President of the Commission violated their rights under the Fir…

On August 20, 2020, two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Puerto Rico. The plaintiffs alleged that the Comisión Estatal de Elecciones de Puerto Rico (“the Commission”), the Puerto Rican government agency that oversees and manages elections in Puerto Rico, and the President of the Commission violated their rights under the First and Fourteenth Amendments to the U.S. Constitution by preventing them from participating in early voting and absentee voting. The plaintiffs, represented by the ACLU, asked the court for declaratory and injunctive relief including requiring the defendants to identify voters over sixty years of age as eligible to vote early or by absentee ballot, and to update public education materials to reflect this eligibility rule. 

Judge Pedro A. Delgado-Hernandez ordered the defendants to respond to the plaintiffs' motion for a preliminary injunction by August 31, 2020. When the defendants failed to do so, the plaintiffs filed a motion for a default judgment on September 1, 2020. That same day, Judge Delgado-Hernandez denied the plaintiffs' motion and required the defendants to show cause as to why the plaintiffs' motion for a preliminary injunction should not be granted.

On September 11, 2020, the defendants filed a motion to dismiss for lack of jurisdiction, arguing that the plaintiffs’ claims were moot because the Commission had already agreed that voters sixty years of age and older would be able to vote early by mail. That same day, Judge Delgado-Hernandez granted the plaintiffs' request for injunctive relief in part. The court ordered the defendants to recognize the right of voters over the age of sixty to early voting and to extend the deadline for those voters to apply for early voting through September 24, 2020. 

Three days later, on September 14, 2020, Judge Delgado-Hernandez issued an opinion explaining the order. The court found that the case was not moot because even though the Commission had agreed to expand early voting eligibility, that due to the Electoral Code, the President of the Commission could, in theory, decide to eliminate this category of senior citizens as eligible for early voting by mail in the November 2020 election. Thus, Judge Delgado-Hernandez granted the plaintiffs' request for preliminary injunction in part as to their eligibility and public education requests, but denied the request for defendants to produce a list of eligible senior citizens. 486 F. Supp. 3d 478.

On September 23, 2020, Judge Delgado-Hernandez granted the plaintiffs’ motion for a permanent injunction, finding that the plaintiffs had succeeded on the merits of all of their claims with the exception of the request for voter lists. Thus, the court converted the preliminary relief into a permanent injunction confined to the November 2020 election. 2020 WL 5658979. This case is now closed.

Summary Authors

Richa Bijlani (4/18/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17464234/parties/ocasio-v-comision-estatal-de-elecciones/


Judge(s)

Delgado Hernández, Pedro Alberto (Puerto Rico)

Attorney for Plaintiff

Arraiza-Navas, Fermin Luis (Puerto Rico)

Bayolo-Alonso, Mayte (Puerto Rico)

Cepeda Derieux, Adriel I. (New York)

Attorney for Defendant

Diaz−Rivera, Idza (Puerto Rico)

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Documents in the Clearinghouse

Document

3:20-cv-01432

Docket [PACER]

Ocasio v. Comision Estatal de Elecciones

Dec. 2, 2020

Dec. 2, 2020

Docket
1

3:20-cv-01432

Complaint for Injunctive and Declaratory Relief

Aug. 20, 2020

Aug. 20, 2020

Complaint
42

3:20-cv-01432

Opinion and Order

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion

486 F.Supp.3d 486

49

3:20-cv-01432

Memorandum and Order

Sept. 23, 2020

Sept. 23, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17464234/ocasio-v-comision-estatal-de-elecciones/

Last updated Jan. 27, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6990439.), filed by Efrain Colon-Damiani, Belia Arlene Ocasio. Service due by 11/18/2020, (Attachments: # 1 Summons Comision Estatal de Elecciones de Puerto Rico, # 2 Summons Juan Davila-Rivera, # 3 Civil Cover Sheet, # 4 Category Sheet)(Arraiza-Navas, Fermin) (Entered: 08/20/2020)

1 Summons Comision Estatal de Elecciones de Puerto Rico

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2 Summons Juan Davila-Rivera

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3 Civil Cover Sheet

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4 Category Sheet

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Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
2

MOTION for Temporary Restraining Order and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/3/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Ex. A-Declaration of Arthur L. Reingold, # 2 Exhibit Ex. B-Declaration of Maria Ortiz Tapia, # 3 Exhibit Ex. C-Declaration of Belia Arlene Ocasio, # 4 Exhibit Ex. D-Declaration of Efrain Colon-Damiani)(Arraiza-Navas, Fermin) (Entered: 08/20/2020)

1 Exhibit Ex. A-Declaration of Arthur L. Reingold

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2 Exhibit Ex. B-Declaration of Maria Ortiz Tapia

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3 Exhibit Ex. C-Declaration of Belia Arlene Ocasio

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4 Exhibit Ex. D-Declaration of Efrain Colon-Damiani

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Aug. 20, 2020

Aug. 20, 2020

RECAP
3

NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
4

Summons Issued as to Comision Estatal de Elecciones, Juan Davila-Rivera (Attachments: # 1 Summons) (arg) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
5

ORDER: See attached. The request for a temporary restraining order at Docket No. 2 is DENIED. Service of process due 08/21/2020. Notice of Compliance due by 08/24/2020. Signed by Judge Pedro A. Delgado-Hernandez on 08/21/2020.(LMR) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
6

SUMMONS Returned Executed by All Plaintiffs upon Comision Estatal de Elecciones served on 8/21/2020, answer due 9/11/2020; Juan Davila-Rivera served on 8/21/2020, answer due 9/11/2020. (Attachments: # 1 Exhibit Summon executed-Comision Estatal de Elecciones, # 2 Exhibit Summon Executed-Juan Davila-Rivera) (Arraiza-Navas, Fermin) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

Notice of Judge Assignment

Aug. 21, 2020

Aug. 21, 2020

PACER
7

Motion In Compliance with Court Order as to 5 Order,, Set Deadlines, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit CEE, # 2 Exhibit Juan Davila-Rivera, # 3 Exhibit PR Department of Justice, # 4 Exhibit PNP Electoral Commissioner, # 5 Exhibit PPD Electoral Commissioner, # 6 Exhibit PIP Electoral Commissioner, # 7 Exhibit PMVC Electoral Commissioner)(Related document(s) 5 ) (Arraiza-Navas, Fermin) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
8

MOTION Submitting Expert Witness Curriculum Vitae re: 2 MOTION for Temporary Restraining Order and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief filed by Belia Arlene Ocasio, Efrain Colon-Damiani filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Maria Ortiz Tapia Curriculum Vitae)(Related document(s) 2 ) (Arraiza-Navas, Fermin) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
9

ORDER: Noting 7 "Motion In Compliance with Order." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020. (LMR) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
10

ORDER: Noting 8 "Motion Submitting Expert Witness Curriculum Vitae." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020. (LMR) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
11

ORDER: Noting 6 "Motion Submitting Executed Summons." Signed by Judge Pedro A. Delgado-Hernandez on 08/24/2020.(LMR) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Order on Motion In Compliance

Aug. 24, 2020

Aug. 24, 2020

PACER

Order on Motion Submitting

Aug. 24, 2020

Aug. 24, 2020

PACER

Order

Aug. 24, 2020

Aug. 24, 2020

PACER
12

Motion to allow Adriel Cepeda to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994659) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
13

Motion to allow Dale Ho to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994688) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
14

Motion to allow Theresa J Lee to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6994696) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
15

ORDER: The "Applications and Orders for Admission Pro Hac Vice" at Docket Nos. 12-14 are GRANTED. The Clerk shall deposit the admission fee to the account of non-appropriated funds of this court. Signed by Judge Pedro A. Delgado-Hernandez on 8/25/2020. (ebb) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
16

Motion to allow Lissette A. Duran to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6995859) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
17

Motion to allow Makiko Hiromi to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6995863) filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Order on Motion to Appear PHV AND Order on Motion to Appear PHV AND Order on Motion to Appear PHV

Aug. 25, 2020

Aug. 25, 2020

PACER
18

ORDER: The "Applications and Orders for Admission Pro Hac Vice" at Docket Nos. 16 and 17 are granted. The Clerk shall deposit the admission fee to the account of non-appropriated funds of this court. Signed by Judge Pedro A. Delgado-Hernandez on 8/26/2020. (ebb) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

Order on Motion to Appear PHV AND Order on Motion to Appear PHV

Aug. 26, 2020

Aug. 26, 2020

PACER
19

MOTION for Default Entry Application for Entry of Default as to All Defendants filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/15/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Arraiza-Navas, Fermin) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
20

ORDER: Denying 19 "Application for Entry of Default." The request is not supported by Fed.R.Civ.P.55(a). Defendants were served with process on 08/21/2020. They were ordered to respond by August 31, 2020 to the request for preliminary injunction (Docket No. 5). Defendants did not, however, respond to the motion for preliminary injunction as ordered, or request an extension to do so. Therefore, defendants shall show cause, by September 4, 2020, as to why the request for preliminary injunction should not be granted. Plaintiffs shall serve defendants with copy of this Order today, and certify compliance not later than noontime tomorrow. Signed by Judge Pedro A. Delgado-Hernandez on 9/1/2020. (ebb) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Order on Motion for Entry of Default

Sept. 1, 2020

Sept. 1, 2020

PACER
21

Motion In Compliance as to 20 Order on Motion for Entry of Default,, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit CEE Proof of Service, # 2 Exhibit Juan Davila Proof of Service, # 3 Exhibit PNP Proof of Service, # 4 Exhibit PPD Proof of Service, # 5 Exhibit PIP Proof of Service, # 6 Exhibit PMVC Proof of Service, # 7 Exhibit Signature Page of Defendants Proof of Service, # 8 Exhibit Department of Justice Proof of Service)(Related document(s) 20 ) (Arraiza-Navas, Fermin) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
22

ORDER: Noting 21 "Motion in Compliance with Order." Signed by Judge Pedro A. Delgado-Hernandez on 9/2/2020. (ebb) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion In Compliance

Sept. 2, 2020

Sept. 2, 2020

PACER
23

NOTICE of Appearance by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones (Diaz-Rivera, Idza) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
24

MOTION for extension of time until September 11, 2020 to comply with Order in Docket No. 20 filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
25

ORDER: Granting 24 "Motion for Extension of Time to Comply with Order in Docket No. 20." Defendants are granted until September 11, 2020, to comply with the Order at Docket No. 20. Signed by Judge Pedro A. Delgado-Hernandez on 9/4/2020. (ebb) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
26

Emergency MOTION for Reconsideration re 25 Order on Motion for Extension of Time, filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 25 ) (Arraiza-Navas, Fermin) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
27

ORDER re: 26 "Emergency Motion for Reconsideration." Defendants shall respond not later than 09/08/2020 at noontime. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.Signed by Judge Pedro A. Delgado-Hernandez on 09/04/2020.(LMR) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

Order on Motion for Extension of Time

Sept. 4, 2020

Sept. 4, 2020

PACER

~Util - Set Deadlines AND Order

Sept. 4, 2020

Sept. 4, 2020

PACER
28

Motion In Compliance as to 27 Order,, Set Deadlines, filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 27 ) (Diaz-Rivera, Idza) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
29

ORDER: A Status Conference is hereby set for tomorrow, September 9, 2020 at 3:00 p.m. via VTC-Bridge PAD. Before the Conference, the parties shall confer and discuss a litigation plan to be discussed at the Status Conference. The request to reduce the term for defendants to respond to the preliminary injunction request at Docket No. 26 is DENIED. Defendants, however, shall respond to the preliminary injunction request not later than noontime on September 11, 2020. By the same date and time, they shall also answer the complaint. Signed by Judge Pedro A. Delgado-Hernandez on 09/08/2020.(LMR) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

~Util - Set Deadlines/Hearings AND Order

Sept. 8, 2020

Sept. 8, 2020

PACER
30

ORDER: The court notes that several attorneys have appeared on behalf of plaintiffs. To facilitate communication during the Status Conference today, attorneys for plaintiffs shall confer and designate one attorney who, in addition to local counsel, will address the court on their behalf. Signed by Judge Pedro A. Delgado-Hernandez on 09/09/2020.(LMR) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
31

ORDER: As discussed during the hearing today, a follow up Status Conference will be held on 9/11/2020 at 3:00 p.m. in VTC Bridge PAD before Judge Pedro A. Delgado-Hernandez.Signed by Judge Pedro A. Delgado-Hernandez on 09/09/2020.(LMR) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
33

Minute Entry for proceedings held before Judge Pedro A. Delgado-Hernandez:Telephone Conference held on 9/9/2020: See attached. A follow up Status Conference was set for 9/11/2020 at 3:00 p.m. (LMR) (Entered: 09/11/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Order

Sept. 9, 2020

Sept. 9, 2020

PACER

~Util - Set Deadlines/Hearings AND Order

Sept. 9, 2020

Sept. 9, 2020

PACER
32

Amended MOTION for Temporary Restraining Order filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 9/24/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit TRO Brief vs. Amended TRO, # 2 Exhibit Solicitud de Voto Adelantado por Correo, # 3 Exhibit Declaration of Arthur L. Reingold, # 4 Exhibit Declaration of Dr. Maria Ortiz Tapia, # 5 Exhibit Curriculum Vitae Dr. Maria Ortiz Tapia, # 6 Exhibit Declaration of Belia Arlene Ocasio, # 7 Exhibit Declaration of Efrain Colon Damiani)(Arraiza-Navas, Fermin) (Entered: 09/10/2020)

1 Exhibit TRO Brief vs. Amended TRO

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2 Exhibit Solicitud de Voto Adelantado por Correo

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3 Exhibit Declaration of Arthur L. Reingold

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4 Exhibit Declaration of Dr. Maria Ortiz Tapia

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5 Exhibit Curriculum Vitae Dr. Maria Ortiz Tapia

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6 Exhibit Declaration of Belia Arlene Ocasio

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7 Exhibit Declaration of Efrain Colon Damiani

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Sept. 10, 2020

Sept. 10, 2020

RECAP
34

MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and Response in Opposition to Motion requesting Preliminary Injunction as to Comision Estatal de Elecciones, Juan Davila-Rivera filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Diaz-Rivera, Idza) (Entered: 09/11/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Sept. 11, 2020

Sept. 11, 2020

RECAP
35

ANSWER to 1 Complaint, filed by Idza Diaz-Rivera on behalf of Defendants Comision Estatal de Elecciones, Juan Davila-Rivera.(Diaz-Rivera, Idza) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
36

MOTION for Leave to File Spanish language documents filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 9/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Rivera, Idza) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

ORDER: Granting 36 "Motion for Leave to File Documents in the Spanish Language." Defendants shall submit the certified translations not later than September 14, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 09/11/2020. (LMR) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
38

ORDER: As advanced by the court at the Status Conference held today, plaintiffs' request for injunctive relief is GRANTED in part to recognize senior (60+) citizens the right to early voting and to extend until September 24, 2020, the deadline for those voters to apply for early voting. This measure shall be accompanied by an increase in media orientation during this intervening period. A written Opinion and Order will follow in 3 days. Signed by Judge Pedro A. Delgado-Hernandez on 09/11/2020.(LMR) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion for Leave to File Spanish language documents

Sept. 11, 2020

Sept. 11, 2020

PACER

Order

Sept. 11, 2020

Sept. 11, 2020

PACER
39

MOTION Submitting certified translations re: 34 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and Response in Opposition to Motion requesting Preliminary Injunction as to Comision Estatal de Elecciones, Juan Davila-Rivera filed by Comision Estatal de Elecciones filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones Responses due by 9/28/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F)(Related document(s) 34 ) (Diaz-Rivera, Idza) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
40

ORDER: Noting 39 "Motion Submitting Certified Translation." Signed by Judge Pedro A. Delgado-Hernandez on 09/14/2020. (LMR) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
41

Minute Entry for proceedings held before Judge Pedro A. Delgado-Hernandez:Status Conference held on 9/11/2020. See attached. (LMR) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
42

OPINION AND ORDER: Granting in part plaintiffs' request for preliminary injunction: (1) To recognize senior (60+) citizens the right to early voting by mail, and to extend until September 24, 2020, the deadline for those voters to apply for early voting; (2) The measure shall be accompanied by a media orientation campaign to apprise senior citizens of this right and modified deadline. The information shall be posted on the CEE's website, and incorporated in the early voting application form to be used by senior citizens. To prevent confusion, the orientation shall finalize after September 24, 2020. Given that plaintiffs did not accredit the need for an order requiring defendants to identify voters over sixty years of age as individuals eligible to vote by early voting and absentee ballot during the pandemic, their request for an order along this line is DENIED. See attached. Signed by Judge Pedro A. Delgado-Hernandez on 09/14/2020. (Attachments: # 1 Appendix Admissions)(LMR) (Entered: 09/14/2020)

1 Appendix Admissions

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Sept. 14, 2020

Sept. 14, 2020

Clearinghouse

Order on Motion Submitting

Sept. 14, 2020

Sept. 14, 2020

PACER
43

ERRATA SHEET: See attached. The Amended Opinion and Order is attached. Signed by Judge Pedro A. Delgado-Hernandez on 09/16/2020. (Attachments: # 1 Amended Opinion and Order)(LMR) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
44

ORDER: See attached. Notice of Compliance Deadline due by September 18, 2020, at noontime. Show Cause Response due by September 21, 2020.Signed by Judge Pedro A. Delgado-Hernandez on 09/17/2020.(LMR) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
45

Joint Motion In Compliance as to 44 Order, Set Deadlines filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera, Belia Arlene Ocasio, Efrain Colon-Damiani. Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit A)(Related document(s) 44 ) (Diaz-Rivera, Idza) Modified on 9/21/2020 to add filers (rom). (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
46

ORDER: Noting 45 "Motion In Compliance with Court Order (DE 44)." Signed by Judge Pedro A. Delgado-Hernandez on 09/18/2020. (LMR) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER

Order on Motion In Compliance

Sept. 18, 2020

Sept. 18, 2020

PACER
47

Motion In Compliance as to 44 Order, Set Deadlines filed by Idza Diaz-Rivera on behalf of Comision Estatal de Elecciones, Juan Davila-Rivera Responses due by 10/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Diaz-Rivera, Idza) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
48

Motion In Compliance with Court Order as to 44 Order, Set Deadlines filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 10/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Arraiza-Navas, Fermin) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
49

MEMORANDUM AND ORDER: See attached. The preliminary injunction issued earlier in this litigation is converted into a permanent injunction and the ruling denying voters lists entered as a definite ruling as applied to this case. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 09/23/2020.(LMR) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

Clearinghouse
50

JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 09/23/2020.(LMR) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
51

MEMORANDUM in Support of Plaintiffs' Attorneys Fees and Costs filed by All Plaintiffs filed by All Plaintiffs. (Attachments: # 1 Exhibit Attorney Lissette Duran's Declaration, # 2 Exhibit ACLU PR Fees and Costs, # 3 Exhibit Adriel Cepeda Derieux Timesheet, # 4 Exhibit Adriel Cepeda Derieux CV, # 5 Exhibit Fermin L. Arraiza Navas CV, # 6 Exhibit Mayte Bayolo Alonso CV)(Arraiza-Navas, Fermin) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
52

ORDER re: 51 "Motion for Attorneys' Fees and Costs." Defendants shall respond by November 20, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 11/4/2020. (ebb) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER

Order

Nov. 4, 2020

Nov. 4, 2020

PACER
53

RESPONSE in Opposition to Motion for Attorneys' Fees filed by Comision Estatal de Elecciones, Juan Davila-Rivera Re: 52 Order filed by Comision Estatal de Elecciones, Juan Davila-Rivera. (Diaz-Rivera, Idza) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
54

MOTION for Leave to File Document Plaintiffs' Reply in Further Support of Motion for Attorneys' Fees and Costs filed by Fermin Luis Arraiza-Navas on behalf of All Plaintiffs Responses due by 12/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Plaintiffs' Reply in Support of Motion)(Arraiza-Navas, Fermin) (Entered: 11/27/2020)

Nov. 27, 2020

Nov. 27, 2020

PACER
55

ORDER: Granting 54 "Plaintiffs' Motion Requesting Leave to File Reply in Further Support of Motion for Attorney's Fees and Costs." The reply shall be electronically filed forthwith. Defendants may surreply by 12/8/2020. Signed by Judge Pedro A. Delgado-Hernandez on 12/2/2020. (LMR) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
56

RESPONSE in Support PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS filed by All Plaintiffs Re: 54 MOTION for Leave to File Document Plaintiffs' Reply in Further Support of Motion for Attorneys' Fees and Costs filed by Belia Arlene Ocasio, Efrain Colon-Damiani, 55 Order on Motion for Leave to File, filed by All Plaintiffs. (Arraiza-Navas, Fermin) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER

Order on Motion for Leave to File

Dec. 2, 2020

Dec. 2, 2020

PACER
57

OPINION AND ORDER: Granting in part 51 "Motion for Attorney's Fees and Costs." See attached. Signed by Judge Pedro A. Delgado-Hernandez on 12/26/2023. (AEM)

Dec. 26, 2023

Dec. 26, 2023

RECAP
58

Reconsideration

Jan. 23, 2024

Jan. 23, 2024

PACER

Order

Jan. 25, 2024

Jan. 25, 2024

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 20, 2020

Closing Date: Sept. 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Puerto Rican citizens, aged sixty-seven and sixty-nine years old, who were at risk of severe complications from COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Comisión Estatal de Elecciones, State

President, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Voting: General & Misc.

Voter registration rules