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Texas Democratic Party v. Bettencourt

(page last updated November 6, 2009 at 11:13 AM)

Case Information

Current Court: U.S. District Court for the Southern District of Texas (Case 4:08cv03332 )
All Courts: U.S. District Court for the Southern District of Texas (Case 4:08cv03332 )
Topic(s): Provisional Ballots
State: Texas
Date Filed: November 10, 2008

Issue:

Whether the unlawful actions of the defendant resulted in provisional and mail-in ballots not being counted before the state statutory deadline.

Status:

Complaint and Application for TRO, Preliminary, and Permanent Injunction filed on 11/10/08.  Motion for TRO denied as moot on 11/12/08.  Amended complaint filed 12/1/08.  Answer filed 12/9/08. Order granting Plaintiff's motion for a District Court of Three Judges entered 12/22/08. Discovery Hearing set for 5/28.

District Court Documents

• Complaint (filed 11/10/08)
• ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons (entered 11/10/08)
• Application for TRO, Preliminary Injunction, Permanent Injunction (filed 11/10/08)
  • Verification of Ruben Hernandez
  • Exhibits A through F
• Minute Entry for proceedings held before Judge Gray H. Miller. MOTION HEARING held on 11/12/2008. Oral argument heard; DENYING AS MOOT as stated on the record MOTION for Temporary Restraining Order (entered 11/12/08)
• EMERGENCY MOTION by Texas Democratic Party, et al. (filed 11/14/08)
  • Exhibit 1 and 2
  • Proposed Order
• ORDER Denying Emergency Motion to Preserve and Produce Evidence (entered 11/14/08)
• CERTIFICATE OF INTERESTED PARTIES by Texas Democratic Party, et al. (filed 11/18/08)
• CERTIFICATE OF INTERESTED PARTIES by Paul Bettencourt (filed 12/1/08)
• First AMENDED Complaint (filed 12/1/08)
• ANSWER to Amended Complaint/Counterclaim/Crossclaim etc. by Paul Bettencourt (filed 12/9/08)
• SCHEDULING ORDER (entered 12/17/08)
• REPORT of Rule 26(f) Planning Meeting (filed 12/17/08)
• Defendant's Initial Disclosures (filed 12/19/08)
• MOTION Plaintiffs' Unopposed Application for a District Court of Three Judges (filed 12/19/08)
  • Proposed Order
• ORDER granting Plaintiff's motion for a District Court of Three Judges (entered 12/22/08)
• Plaintiff's MOTION to Expand the Number of Interrogatories (filed 12/31/08)
  • Exhibit A
  • Proposed Order
• Defendant's RESPONSE to Plaintiff's Motion to Expand the Number of Interrogatories (filed 1/9/09)
  • Proposed Order
• INITIAL DISCLOSURES by Texas Democratic Party, et al. (filed 1/9/09)
• ORDER granting in part and denying in part Motion to Expand the Number of Interrogatories. (entered 1/13/09)
• Discovery Hearing set for 3/9/09 (entered 3/5/09)
• Response to Plaintiff's Motion to Compel Discovery Responses and Motion for Definite Statement and Request for Oral Hearing filed by Bettencourt (filed 3/9/09)
• Discovery Hearing reset for 3/18/09 (entered 3/9/09)
• Deadlines Terminated (entered 3/13/09)
• ORDER setting Discovery Hearing for 5/28/09 (entered 5/22/09)
• Minute Entry for proceedings held before Judge Gray H. Miller. DISCOVERY CONFERENCE held on 5/28/2009. Plaintiffs seek information and documents associated with approximately 70,000 rejected voter registration application and the people removed from voter registration rolls over the past two years (both at regular purge intervals and otherwise timed). Defendants are to determine and provide the total number of documents associated with (1) the rejected applications and (2) the removals. Based on these figures, defendants are to calculate and provide estimated production costs (including redaction costs) and/or suggest an alternative means of production (e.g. via filtered computer access) and cost associated with the alternative means. The document volume and cost information is to be provided to the court on or before 6/11/09. After the information has been provided the court will schedule a hearing to address the production, unless the parties are able to otherwise agree. (entered 5/29/09)
  • Response to Court's Minute Entry (filed 6/11/09)
• Brief in Support of Plaintiff's Motion to Compel Discovery Response and Response to Defendant's Report re:Discovery Hearing (filed 6/11/09)
• Reply to Plaintiffs' Brief in Support of Plaintiffs' Motion to Compel Discovery Responses and Response to Defendant's Report (filed 6/22/09)
• Supplement filed by Paul Bettencourt (filed 7/1/09)
• Proposed Order (filed 7/8/09)
• ORDER, denying plaintiff's motion to compel unlimited access to defendant's databases. (entered 7/16/09)
• Motion to Quash Subpoena (filed 8/26/09)
• Response (filed 8/31/09)
• Reply to Response (filed 8/31/09)
• Supplement filed by Bettencourt (filed 9/8/09)
• Motion for Entering of Order (filed 9/10/09)
• Motion to Amend Scheduling Order and Request for Expedited Ruling (filed 9/10/09)
  • Amended Motion to Amend (filed 9/10/09)
• Response to Motion to Enter Scheduling Order (filed 9/10/09)
• Motion to Compel Testimony of Ed Johnson (filed 9/10/09)
• Order Setting Hearing on Motions (entered 9/11/09)
• Response to Motion to Compel Testimony (filed 9/15/09)
  • Amended Response (filed 9/15/09)
• Minute Entry for proceedings held before Judge Gray H. Miller. MOTION HEARING held on 9/17/2009 DENYING AS MOOT MOTION to Compel Testimony of Ed Johnson, GRANTING MOTION for Entry of Order, DENYING Amended MOTION to Amend, DENYING MOTION to Amend. The parties will agree on mediators and dates. A new scheduling order will be entered after the conclusion of the mediation. (entered 9/17/09)
• Order substituting Leo Vasquez for Paul Bettencourt as party Defendant (entered 10/6/09)
• Conditional Order of Dismissal (entered 11/2/09)

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Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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