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AAPD v. Herrara

(page last updated November 20, 2009 at 10:38 AM)

Case Information

Current Court: U.S. District Court for the District of New Mexico (Case 1:08-cv-00702)
All Courts: Second Judicial District Court (Albuquerque) (Case D-202-CV-200807673); U.S. District Court for the District of New Mexico (Case 1:08-cv-00702)
Topic(s): Voter Registration
State: New Mexico
Date Filed: July 24, 2008

Issue:

Whether New Mexico voter registration law, which places certain conditions and requirements on organizations assisting in the registration of voters, violates the National Voter Registration Act and provisons of the New Mexico and U.S. Constitutions.

Status:

Complaint filed 7/24/08 in state trial court.  Case removed to federal district court on 7/29/08.  Answer filed 8/7/08.  Order denying Plaintiff's Motion for Preliminary Injunction on 9/17/08. Order granting unopposed motion for extension of time to file Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference entered 12/17/08. Unopposed motion for extension of time for discovery filed 4/15/09.

Federal District Court Documents

• Notice of Removal (filed 7/29/08)
  • Exhibit 1 - Complaint
  • Exhibit 2 - Summons
• NOTICE of Appearance by John W. Boyd on behalf of all plaintiffs (filed 7/30/08)
• MOTION for Pro Hac Vice (for all plaintiffs) by American Association of People with Disabilities (filed 7/30/08)
• MOTION for Leave to File Excess Pages for Memo in Support of Plfs' App for Preliminary Injunction and Exs  (filed 7/30/08)
• MINUTE ORDER REASSIGNING CASE (entered 7/31/08)
• MINUTE ORDER REASSIGNING CASE (entered 8/6/08)
• Unopposed MOTION to Amend/Correct MOTION for Leave to File Excess Pages for Memo in Support of Plfs' App for Preliminary Injunction (filed 8/6/08)
• ANSWER to Complaint (Notice of Removal) (filed 8/7/08)
• MINUTE ORDER REASSIGNING CASE (entered 8/7/08)
• MOTION for Leave to File Excess Pages (filed 8/8/08)
• ORDER granting Motion/Amended Motion for Leave to File Excess Pages (entered 8/11/08)
• MOTION for Preliminary Injunction (filed 8/11/08)
• MEMORANDUM in Support regarding MOTION for Preliminary Injunction (filed 8/11/08)
  • Affidavit
  • Exhibits A-E
  • Exhibits F-I
• NOTICE of motion hearing regarding the Plaintiffs' Application for a Preliminary Injunction scheduled on 8/19/2008. (filed 8/14/08)
• MOTION for Leave to File Excess Pages (filed 8/15/08)
• MEMORANDUM in Opposition regarding Motion for Preliminary Injunction (filed 8/15/08)
  • Declaration and Exhibits
• REPLY to Response to MOTION for Preliminary Injunction (filed 8/18/08)
  • Affidavit and Exhibits
• MOTION to Intervene by Shannon Robinson (filed 8/18/08)
• MEMORANDUM in Support regarding MOTION to Intervene filed by Shannon Robinson (filed 8/18/08)
• ORDER granting Motion for Leave to File Excess Pages (entered 8/19/08)
• Letter to counsel from District Judge James O. Browning re Judicial Code of Conduct/Larranga transcript (entered 8/19/08)
• NOTICE of motion hearing regarding Motions to Intervene (entered 8/19/08)
• RESPONSE in Opposition regarding MOTION to Intervene (filed 8/20/08)
  • Declaration of John Boyd
• REPLY to Response to Motion regarding MOTION to Intervene (filed 8/21/08)
  • Affidavit Declaration of Patrick Rogers
  • Exhibit Voter ID Paints an Odd Picture
  • Exhibit Voter Registration Workers Unchecked
  • Affidavit of Justine Fox-Young
  • Affidavit of Nazarena "Nina" Martinez
• ANSWER to Complaint by Intervenors (filed 8/22/08)
• RESPONSE in Opposition regarding MOTION for Preliminary Injunction (filed 8/25/08)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I Part 1
  • Exhibit I Part 2
  • Exhibit I Part 3
  • Exhibit I Part 4
• Exhibit I Part 5
• Exhibit I Part 6
• Exhibit J
• Unopposed MOTION for Leave to File Supplemental Brief (filed 8/27/08)
• TRANSCRIPT of Proceedings held on August 19, 2008 (filed 8/27/08)
• ORDER granting Motion for Leave to File Supplemental Brief (entered 8/28/08)
• SUPPLEMENTAL MEMORANDUM in support of MOTION for Preliminary Injunction (filed 8/28/08)
• RESPONSE to Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction (filed 8/28/08)
• TRANSCRIPT of Proceedings held on August 29, 2008, before Judge James O. Browning (filed 9/8/08)
• MEMORANDUM OPINION AND ORDER denying Motions to Intervene (entered 9/9/08)
• MEMORANDUM OPINION AND ORDER denying Plaintiffs' Application for a Preliminary Injunction (entered 9/17/08)
• INITIAL SCHEDULING ORDER (entered 9/19/08)
• Unopposed MOTION to Withdraw Intervenors' Response to Plaintiffs' Motion for a Preliminary Injunction (filed 9/25/08)
• Corporate Disclosure Statement by American Association of People with Disabilities (filed 9/26/08)
• Corporate Disclosure Statement by Federation of Women's Clubs Overseas, Inc (filed 9/26/08)
• Corporate Disclosure Statement by New Mexico Public Interest Research Group Education Fund (filed 9/26/08)
• Corporate Disclosure Statement by Southwest Organizing Project (filed 9/26/08)
• Unopposed MOTION for Extension of Time to File a Joint Status Report and Provisional Discovery Plan (filed 10/7/08)
• ORDER granting Motion to Withdraw Response in Opposition to Motion for Preliminary Injunction (entered 10/10/08)
• ORDER granting MOTION for Extension of Time to File a Joint Status Report and Provisional Discovery Plan (entered 10/10/08)
• Unopposed MOTION for Extension of Time to File JSR and PDP and to Reschedule Rule 16 Conference (filed 10/10/08)
• ORDER by District Judge James O. Browning granting Unopposed MOTION for Extension of Time to File JSR and PDP and to Reschedule Rule 16 Conference; Joint Status Report and Provisional Discovery Plan due 12/15/2008; Initial Scheduling Conference reset for 12/29/2008 at 11:00 AM in Albuquerque - 460 Vermejo Courtroom (entered 11/18/08)
• Unopposed MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference with the Court by Federation of Women's Clubs Overseas, Inc., New Mexico Public Interest Research Group Education Fund, Southwest Organizing Project, American Association of People with Disabilities (filed 12/15/08)
• ORDERgranting Unopposed MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference; Joint Status Report and Provisional Discovery Plan due 4/17/2009; Rule 16 Scheduling Conference reset for 4/24/2009 (entered 12/17/08)
• Unopposed MOTION to Extend (other) Rule 16, Joint Status Report and Provisional Discovery Plan deadlines by American Association of People with Disabilities. (filed 4/15/09)
• Unopposed MOTION to Extend Deadline to Filed Joint Status Report, Provisional Discovery Plan, and Reschedule Rule 16 Conference (filed 6/12/09)
• Order Granting Unopposed Motion to Extend Deadline (entered 6/15/09)
• Joint Status Report and Provisional Discovery Plan (filed 7/28/09)
• Amended Complaint for Declaratory and Injunctive Relief (filed 8/14/09)
• Scheduling Order (entered 8/17/09)
• Order Adopting the Joint Status Report and Provisional Discovery Plan (entered 8/17/09)
• Motion to Dismiss Filed by Mary Herrera (filed 8/21/09)
• Plaintiff's Opposition to Defendant's Motion to Dismiss (filed 9/16/09)

State Trial Court Documents

• Complaint (filed 7/24/08)

Related EL@M Articles

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