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Last Updated: May 18, 2012 at 11:37 AM

Valdez v. Herrera

Case Information

Date Filed: July 9, 2009
State: New Mexico
Issue: Voter Registration
Current Court: U.S. Court of Appeals for the 10th Circuit (Case 11-2063)

Issue:

Whether a New Mexico statute, requiring voter registration to be offered when an individual renews a drivers license or state-issued identification card, has been violated.

Status:

Order Denying Emergency Motion for Certificate of Appealability entered 1/25/11. Order to Show Cause entered 2/3/11. Order Granting Joint Motion to Continue Trial entered 2/8/11. Joint Motion for Entry of Consent Order filed 2/17/. Notice of Appeal filed 3/25/11. USCA Case Number 11-2063 in 10th Circuit entered 3/30/11. Notice or Record Now Complete/ Appellant Brief 5/23 entered 4/12/11. Notice of Referral to Mediation Conferencing entered 4/19/11.

Federal Appellate Court Documents

Civil Case Docketed [text only] (entered 3/30/11)
Notice of Record Incompleteness [text only] (entered 4/11/11)
Notice or Record Now Complete/ Appellant Brief 5/23 (entered 4/12/11)
Notice of Referral to Mediation Conferencing (entered 4/19/11)
Brief of Appellant (entered 7/13/11)
Brief of Appellee (entered 9/16/11)
Reply Brief of Appellant (entered 10/14/11)
Opinion (entered 2/21/12)
Judgment (entered 2/21/12)
Appellant's Response to Motion for Attorney's Fees (filed 3/19/12)
Response to Appellant's Response to Motion for Attorney's Fees (filed 3/19/12)
Order Granting Motion for Attorney's Fees (filed 4/03/12)

Federal District Court Documents

Complaint (filed 7/9/09)
Answer of Defendant Mary Herrera (filed 8/3/09)
Answer by Defendants HSD and TRD (filed 8/3/09)
Initial Scheduling Order (filed 8/21/09)
Joint Status Report and Provisional Discovery Plan (filed 9/8/09)
Minute Order Reassigning Case to Senior U.S. District Judge C. Leroy Hansen (entered 9/9/09)
Scheduling Order (filed 9/21/09)
Notice of Hearing (entered 9/28/09)
Motion for Leave to File First Amended Complaint (filed 10/2/09)
- Exhibit A - Amended Complaint (filed 10/2/09)
Plaintiffs' Memorandum of Points and Authorities in support of Motion for Leave to File a First Amended Complaint (filed 10/2/09)
Response to Motion for Leave to filed Amended Complaint (filed 10/16/09)
Reply in Support of Motion to filed Amended Complaint (filed 11/2/09)
Joint Motion for Extension of Time to Complete Discovery (filed 2/10/10)
- Motion Granted (entered 2/12/10)
Defendant HSD's Motion for Protective Order to Limit Depositions and Request for Expedited Hearing (filed 3/17/10)
Plaintiff's Opposition to Defendant's Motion for Protective Order to Limit Depositions (filed 3/18/10)
MEMORANDUM OPINION AND ORDER denying MOTION for Protective Order (entered 4/9/10)
ORDER by District Judge Judith C. Herrera Referring Motion for Leave to File First Amended Complaint to Magistrate Judge Don J. Svet for Report and Recommendation (entered 4/14/10)
AMENDED ORDER by District Judge Judith C. Herrera Referring Motion for Leave to File First Amended Complaint to Magistrate Judge Don J. Svet for Report and Recommendation. (entered 4/14/10)
REPORT AND RECOMMENDATIONS re MOTION to Amend/Correct to File First Amended Complaint filed by Cecilia Valdez by Magistrate Judge Don J. Svet (filed 4/14/10)
Order Setting Rule 16 Settlement Conference (entered 5/3/10)
Plaintiffs' objection to Magistrate's Report and Recommendation (filed 5/3/10)
Defendants HSD and TRD's Response to Plaintiffs' Objection to Magistrate's Report and Recommendation (filed 5/3/10)
Joint Stipulated Motion to Extend Expert Discovery Deadlines (filed 5/7/10)
Defendant HSD's Motion for Summary Judgment (filed 5/13/10)
MOTION for Extension of Time to Establish a Revised Litigation Schedule (filed 5/18/10)
- Memorandum Supporting Motion (exhibits not included)
ORDER DENYING in part, GRANTING in part, and DEFERRING ruling in part on Plaintiffs' Motion to Establish a Revised Litigation Schedule and Compel Discovery (filed 5/19/10)
ORDER GRANTING in part and DENYING in part Motion to alter settlement Conference Order (entered 5/20/10) [Text-only Entry]
MOTION to continue Defendant's Summary Judgment Motion (filed 5/20/10)
MEMORANDUM in Support of MOTION to continue Defendant's Summary Judgment Motion (filed 5/20/10)
- Exhibit 1, Exhibit 2
Memorandum in Opposition to Defendant's Motion to continue Defendant's Summary Judgment Motion (filed 5/26/10)
ORDER tolling the Deadline for Plaintiff's Response to Defendant's Motion for Summary Judgment (filed 5/26/10)
RESPONSE to Plaintiffs' MOTION to establish a revised Litigation Schedule and compel Discovery (filed 6/1/10)
Stipulation to Dismissal of Plaintiff ACORN (filed 6/8/10)
ORDER granting IN PART Plaintiffs' Motion for a revised litigation schedule (filed 6/9/10)
ORDER granting Stipulated Motion to Dismiss Plaintiff ACORN (filed 6/14/10)
ORDER to settle upon Attorneys Fees or to Submit Fee Application to the Judge (entered 6/17/10)
Clerks Minutes from Telephonic Discovery Conference (filed 6/30/10)
Amended Notice of Trial Date (filed 7/1/10)
RESPONSE in Opposition to Motion for Summary Judgment (filed 7/9/10)
- Supplement and Statement of Facts in Support of Response
- Affidavit Affidavits
- Exhibits 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 2, 3-1, 3-2, 3-3, 3-4, 4, 5-1, 5-2, 6, 7-1, 7-2, 7-3, 8-1, 8-2, 9, 10, 11-1, 11-2, 11-3, 12
Motion for Sanctions against Secretary of State (filed 7/15/10)
- Exhibits 1, 2-1, 2-2
Motion to Strike Response in Opposition to Motion (filed 7/26/10)
- Exhibits 1, 2
Reply to Memorandum in Response to Motion for Summary Judgment (filed 7/26/10)
Reply in Opposition to Motion for Sanctions (filed 8/9/10)
- Exhibit 1
Motion for Partial Summary Judgment (filed 8/9/10)
- Exhibits 1, 2
Order striking Motion for Partial Summary Judgment as premature [Text Only Entry] (entered 8/10/10)
Notice of Settlement of Attorney's Fees (filed 8/11/10)
Amended Complaint (filed 8/27/10)
- Exhibits A, B, C
Motion for Partial Summary Judgment (filed 9/2/10)
- Exhibits 1, 2
Motion for Judgment by Mary Herrera (filed 9/7/10)
- Declaration of Scott Fuqua
- Exhibits 1, 2, 2A, 2B, 2C, 2D, 2E
Plaintiff's Memorandum in Opposition to Motion for Summary Judgment (filed 9/24/10)
- Exhibits A, B, C, D
Defendant Herrera's Response to Motion for Summary Judgment (filed 9/27/10)
Defendant HSD's Response to Motion for Summary Judgment (filed 9/27/10)
- Exhibits 1, 2, 3, 4, 5
Defendant Herrera's Reply in Support of Motion for Summary Judgment (filed 9/30/10)
Reply in Support of Plaintiff's Motion for Partial Summary Judgment (filed 10/14/10)
Notice of new Court Decision Relevant to Pending Motions for Summary Judgment (filed 10/27/10)
Pretrial Order (entered 11/10/10)
Memorandum Opinion and Order (entered 12/21/10)
Order Setting Settlement Conference (entered 1/4/11)
Unopposed Motion to Alter Settlement Conference Order (filed 1/10/11)
Order Granting Unopposed Motion to Alter Settlement Conference Order [Text-Only] (entered 1/11/11)
Emergency Motion to Certify Order for Interlocutory Appeal (filed 1/18/11)
Memorandum in Opposition to Motion to Certify (filed 1/24/11)
Order Denying Emergency Motion for Certificate of Appealability (entered 1/25/11)
Clerk's Minutes of Settlement Conference (entered 1/26/11)
Order to Show Cause (entered 2/3/11)
Joint Response to Order to Show Cause (filed 2/4/11)
- Exhibit A
Joint Motion to Continue Trial Date (filed 2/4/11)
Order Granting Joint Motion to Continue Trial [Text Only] (entered 2/8/11)
Joint Motion for Entry of Consent Order (filed 2/17/11)
- Proposed Consent Order
Consent Order on Joint Motion of Parties Granted (entered 2/24/11)
Notice of Appeal (filed 3/25/11)
USCA Case Number 11-2063 Assigned by Tenth Circuit (entered 3/30/11)
Amicus Brief by United States (entered 9/26/11)

Commentary

Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments

Owen Wolfe

A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.

This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.

more commentary...

In the News

New Share Class Gives Google Founders Tighter Control

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, wrote a column about Google's new share class. The tech company created a nonvoting share class in order to give its founders tighter control of the company. They did this, they said, in order to "focus on the long term."

Davidoff said this could create a pattern: "In the meantime, one thing is certain. The clear trend in technology companies is to deny shareholders this choice and a real vote. In other words, expect more Google followers."

more EL@M in the news...

Info & Analysis

Niehaus and Blessing File Notice of Dismissal in Ohio Supreme Court

In accordance with Judge Marbley's order issued orally late yesterday in the NEOCH v. Husted case, Ohio legislators Thomas Niehaus and Louis Blessing have filed a notice of dismissal without prejudice of their mandamus action in the Ohio Supreme Court.

more info & analysis...

Major Pending Cases

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