Last Updated: January 4, 2012 at 12:26 PM

Texas Democratic Party v. Dallas County

Case Information

Date Filed: December 1, 2008
State: Texas
Issues: Voting Rights Act, Voting Technology, Recount Procedures
Courts that Heard this Case: U.S. District Court for the Northern District of Texas (Case 3:08-cv-02117); U.S. Supreme Court (Case 10-1183)

Issue:

Whether problems with voting machine technology will trigger a manual recount under Texas election law.

Status:

Final Judgment entered 1/7/11.  Notice of Appeal to U.S. Supreme Court filed 1/24/11.  Letter Assigning U.S. Supreme Court Case No. 10-1183 entered 4/4/11. SCOTUS Vacated judgment and remanded to District Court on 10/3/11.

District Court Documents

• Complaint (filed 12/1/08)
  • Exhibit A
  • Civil Cover Sheet
• CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT (filed 12/1/08)
• MOTION for Leave to File Brief of the Secretary of State of Texas as Amicus Curiae (filed 12/4/08)
  • Amicus Brief
  • Appendix
  • Proposed Order
• MOTION to Intervene as Party Defendant and Brief in Support from Hon. Linda Harper-Brown (filed 12/4/08)
  • NOTICE of Motion to Intervene
• ORDER to expedite the motion for leave to file amicus brief (entered 12/8/08)
• ORDER Granting Motion to Intervene of Hon. Linda Harper-Brown (entered 12/8/08)
• MOTION to Dismiss, MOTION to Join Necessary Parties, ORIGINAL ANSWER and COUNTERCLAIM for Declaratory Relief by Hon. Linda Haper-Brown (filed 12/9/08)
• ORDER Granting Motion for Leave of Court to File Amicus Brief (entered 12/9/08)
• BRIEF OF THE SECRETARY OF STATE OF TEXAS AS AMICUS CURIAE (filed 12/9/08)
  • Appendix
• MOTION for Leave to File Amended Pleading (filed 12/19/08)
• PROPOSED AMENDED COMPLAINT (filed 12/19/08)
• Plaintiffs and Defendant Linda Harper Brown's Joint Stipulation of Dismissal (filed 12/19/08)
• Plaintiffs' Unopposed Application for Designation of a District Court of Three Judges (filed 12/19/08)
  • Proposed Order
• ORDER on Motion to Dismiss (entered 12/24/08)
• ORDER on Motion for Leave to File (entered 12/24/08)
• ORDER Granting Plaintiff's Unopposed Application for District Court of Three Judges (entered 1/7/09)
• Defendant's Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint (filed 1/8/09)
• ORDER on Motion for Extension of Time to File Answer (entered 1/9/09)
• MOTION to Dismiss filed by Defendant (filed 1/21/09)
• MOTION for Summary Judgment on Section 5 Claims (filed 2/9/09)
• Brief/Memorandum in Support of Motion to Dismiss, Motion for Summary Judgment on Section 5 Claims (filed 2/9/09)
• Motion for Permanent Injunction (filed 2/10/09)
• Defendants' Reply in Support of Defendants' Motion to Dismiss Plaintiffs' First Amended Original Complaint and Brief in Support (filed 2/24/09)
• Unopposed Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment on Section 5 Claims filed by Dallas County (filed 2/27/09)
• Motion to Stay re: Motion to Dismiss First Amended Complaint and Motion for Summary Judgment on Section 5 Claims filed by Dallas County (filed 3/2/09)
• Response in Opposition filed by Dallas County re: Motion for Permanent Injunction (filed 3/2/09)
• Order Granting Defendants' Unopposed Motion to Extend Time to Respond to Plaintiffs' Motion for Summary Judgment on Section 5 Claims. Responses Due by 3/6/09 (entered 3/3/09)
• Response Filed by Dallas County (filed 3/6/09)
• Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Summary Judgment (filed 3/20/09)
• Plaintiffs' Response to Defendants' Motion for Stay, or in the Alternative, Rule 56(f) Motion (filed 3/23/09)
• Defendants' Reply in Support of Defendants' Motion for Stay or, in the Alternative, Rule 56(f) Motion (filed 4/7/09)
• Answer to Amended Complaint (filed 5/1/09)
• Order granting Texas Democratic Party's motion for Summary Judgment (entered 12/17/09)
• Defendants' Motion for Reconsideration and Brief in Support (filed 1/13/10)
• Plaintiffs' Response (filed 1/18/10)
  • Response and Objection (filed 1/18/10)
• Reply in Support of Motion for Reconsideration (filed 2/1/10)
• Plaintiff's Reply (filed 2/3/10)
• ORDER REQUIRING JOINT STATUS REPORT: Status Report due by 4/23/2010 (entered 4/6/10)
• Joint Status Report (filed 4/23/10)
• Order Granting Motion for Reconsideration (entered 9/8/10)
• Notice of Interlocutory Appeal of Grant of Summary Judgment (filed 10/7/10)
• Motion to Strike Court's Attorney's Fees Order (filed 11/6/10)
  • Exhibits A, B
• Response to Motion to Strike (filed 11/18/10)
  • Exhibit A
• Motion to Compel (filed 11/18/10)
• Order: Joint Status Report Due 12/8/10 (filed 12/1/10)
• Joint Status Report (filed 12/8/10)
• Memorandum Opinion/ Order (entered 12/9/10)
• Appeal filed with U.S. Supreme Court, Case No. 10-755 (entered 12/14/10)
• Final Judgment (entered 1/7/11)
• Notice of Appeal to U.S. Supreme Court (filed 1/24/11)
• Letter Assigning U.S. Supreme Court Case No. 10-1183 (entered 4/4/11)
• Letter Dismissing Case as Moot (entered 10/14/11)

Supreme Court Documents

• Statement as to Jurisdiction (filed 3/25/2011)
• Waiver of Right of Appellee Texas Democratic Party to respond (filed 4/27/11)
• Distributed for Conference of May 26, 2011 (entered 5/10/11)
• Response Requested (entered 5/21/11)
• Motion to Dismiss or Affirm by Appellee Texas Democratic Party (filed 6/22/2011)
• Distributed for Conference of September 26, 2011 (entered 7/6/11)
• Judgment Vacated and Remanded to US District Court for the Northern District of Texas (entered 10/3/11)