Last Updated: April 25, 2011 at 1:03 PM

Common Cause v. Coffman

Case Information

Date Filed: October 25, 2008
State: Colorado
Issues: Voter Registration, State Voter Registration Databases
Courts that Heard this Case: U.S. District Court for the District of Colorado (Case 1:08-cv-02321); U.S. Court of Appeals for the 10th Circuit (Case 10-1546)

Issue:

Whether Colorado election officials violated the NVRA by, within 90 days of an election, removing the names of voters from the statewide voter registration database for unauthorized reasons, including the failure of a post-registration address confirmation postcard to reach the new registrant.

Status:

Motion to Dismiss case Granted on 1/25/10. 

District Court Documents

• Complaint (filed 10/25/08)
  • Civil Cover Sheet
• Motion for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction (filed 10/25/08)
  • Proposed Order
  • TRO Information Sheet
• Brief in Support of Motion (filed 10/25/08)
  • Exhibit List
  • Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
  • Exhibits 18-1, 18-2, 18-3, and 19
• Minute Entry for proceedings held before Judge John L. Kane: Motion Hearing for TRO and Preliminary Injunction held on 10/27/2008 (filed 10/27/08)
• MINUTE ORDER Motion Hearing set for 10/29/2008 (filed 10/28/08)
• BRIEF in Opposition regarding MOTION for Temporary Restraining Order and Order to Show Cause for PI (filed 10/28/08)
  • Exhibit A
  • Exhibit B
  • Exhibit C
• SUPPLEMENT/AMENDMENT to MOTION for Temporary Restraining Order and Order to Show Cause for PI (filed 10/28/08)
• Witness List by Plaintiffs Common Cause of Colorado (filed 10/29/08)
• Exhibit 4, Appendix B; and Exhibit 4, Appendix C 10; on (3) CD ROM's using the conventional method of submission due to the size of the records contained on the disks (filed 10/29/08)
• ORDER Approving Parties' Stipulated Preliminary Injunction (filed 10/29/08)
• Minute Entry for proceedings on Preliminary Injunction held on 10/29/2008 (filed 10/29/08)
• MEMORANDUM, pursuant to the instructions received from Judge Kane's chambers, this case is reassigned to him (filed 10/30/08)
• LETTER REASSIGNING CASE (filed 10/30/08)
• Minute Entry - Courtroom Minutes for proceedings held before Judge John L. Kane on 10/31/2008. ORDERED: Defendant immediately shall cease and stop removing or redacting names within the 90-day period. No additional names are to be removed by the Secretary or the Clerk and Recorders throughout the state pending the general election. Defendant may add names to the eligibility list and proceed with anything else that is in the normal course of operations (entered 10/31/08)
• STIPULATION for Protective Order (filed 11/3/08)
• Stipulated PROTECTIVE ORDER (entered 11/4/08)
• Secretary of State's ANSWER Complaint (filed 11/17/08)
• MINUTE ORDER: Scheduling Conference set for 2/20/2009
• NOTICE of Substitution of Party by Defendant Michael Coffman (entered 1/21/09)
• SCHEDULING ORDER: Discovery due by 10/20/2009. Dispositive Motions due by 11/19/2009 (entered 2/20/09)
• Joint Motion to File under Seal (filed 4/3/09)
• Sealed Document - Proposed Order filed by Plaintiffs (filed 4/3/09)
• Sealed Document - Exhibits in Support of Memorandum filed by Plaintiffs (filed 4/3/09)
• Order Granting Plaintiff's Unopposed Motion to Amend the Stipulated Scheduling and Discovery Order (entered 4/7/09)
  • The deadline for filing an amended complaint is extended to 04/13/09
  • The deadline for filing an amended answer is extended to 05/04/09
• Order for Defendant to Respond to Motion to Enforce Stipulation on or before 4/28, Plaintiff to reply on or before 5/8. (entered 4/7/09)
• Plaintiffs' Unopposed Motion for Leave to File an Amended Complaint (filed 4/13/09)
• Amended Complaint (filed 4/16/09)
• Order Granting Defendant's Unopposed Motion to Amend the Stipulated Scheduling and Discovery Order (filed 4/28/09)
  • Parties may respond to first round interrogatories on or before 05/31/09
  • Parties may respond to requests for production of documents on or before 05/29/09
• Second MOTION to Amend/Correct/Modify The Stipulated Scheduling and Discovery Order (filed 4/29/09)
• Minute Order granting Second Unopposed Motion to Amend the Stipulated Scheduling and Discovery Order (entered 4/29/09)
  • Defendants permitted to file a response to the Amended Complaint on or before 5/18/09
• Motion to File Secretary's Brief under Seal is Granted (entered 4/30/09)
• PLAINTIFFS’ UNOPPOSED MOTION TO AMEND THE STIPULATED
  SCHEDULING AND DISCOVERY ORDER (filed 5/12/09)
  • Motion GRANTED (entered 5/12/09)
• Unopposed Motion for Extension of Time to Respond to Amended Complaint (filed 5/15/09)
  • Motion GRANTED (entered 5/15/09)
• Motion to Dismiss filed by Bernie Buescher, Secretary of State for the State of Colorado (filed 5/22/09)
• Motion for Leave to File Surreply to Plaintiff's Motion for Enforcement of Stipulation filed by Defendant (filed 5/28/09)
  • Motion to Seal Surreply filed by Defendant (filed 5/28/09)
  • Surreply (sealed) (filed 5/28/09)
• Joint Motion to Strike Portions of Plaintiffs' Reply in Support of Plaintiffs' Motion for Enforcement of Stipulation and to Strike Defendants' Surreply (filed 6/1/09)
• Unopposed Motion for Extension of Time to Respond to Motion to Dismiss (filed 6/10/09)
  • Order GRANTING Motion for Extension of Time (entered 6/11/09)
• Order Granting Joint Motion to Strike (entered 6/16/09)
• Order Granting Motion for Enforcement of Stipulation (entered 6/26/09)
• Consent Stipulation and Order (entered 6/26/09)
• Brief in Opposition to Motion to Dismiss (filed 7/16/09)
• Stipulation re Amended Complaint (filed 7/17/09)
• Joint Motion for Extension of Time to File Response/Reply (filed 7/17/09)
• Motion Granting Joint Motion (entered 7/17/09)
• Motion to Seal Declaration of Jesse Allen filed by Plaintiffs (filed 7/21/09)
  • Motion Granted (entered 7/23/09)
• Motion for Enlargement of Time to File Reply Brief in Support of Motion to Dismiss Amended Complaint (filed 8/5/09)
• Plaintiff's Response to Defendant's Motion for Enlargement of Time to File Reply Brief in Support of Motion to Dismiss Amended Complaint (filed 8/5/09)
• Reply in Support of Motion for Enlargement of Time to File Reply Brief (filed 8/6/09)
• Minute Order Granting Motion for Enlargement of Time to File Reply Brief in Support of Motion to Dismiss Amended Complaint (entered 8/6/09)
• Stipulation Regarding Use of Technical and Security Data Produced by the Secretary of State (filed 8/13/09)
• Reply to Response to Motion to Dismiss Amended Complaint (filed 8/14/09)
• Unopposed Motion to Seal Documents (filed 8/14/09)
• Order Granting Unopposed Motion to Seal Documents (entered 8/18/09)
• Consent Stipulation and Extension of Time to Complete Discovery. Discovery extended through 11/13/09 (entered 11/6/09)
• Unopposed Motion to Amend Scheduling and Discovery Order (filed 11/13/09)
  • Motion Granted (entered 11/16/09)
• Joint Motion for Extension of Time to File Dispositive Motions (filed 11/19/09)
  • Motion Granted (entered 11/20/09)
• Motion to Require Defendants to Disclose Provisional Ballot Information (filed 11/20/09)
  • Motion Granted (entered 11/20/09)
• Plaintiffs' Motion to Stay (filed 12/10/09)
• Secretary's Motion for Summary Judgment (filed 12/10/09)
  • Secretary's Memorandum in Support of Motion for Summary Judgment
• Plaintiffs' Motion for Partial Summary Judgment (filed 12/10/09)
  • Brief in Support of Motion for Partial Summary Judgment
• Response to Motion to Stay Proceedings (filed 12/15/09)
• Minute Entry on Motion Hearing (entered 12/17/09)
• Joint Motion for Extension of Time to File Briefs (filed 1/20/10)
  • Motion Granted (entered 1/20/10)
• Notice of Correction as to Brief in Support of Partial Summary Judgment (filed 1/21/10)
• Joint Motion for Entry of Proposed Order Regarding Settlement of Counts II, III, and IV (filed 1/22/10)
• Order Regarding Settlement of Counts II, III, and IV (entered 1/22/10)
• Brief in Opposition to Motion for Summary Judgment filed by Bernie Buescher (filed 1/22/10)
• Brief in Response to Motion for Summary Judgment filed by Common Cause of Colorado (filed 1/22/10)
• Declaration of S. Gale Dick in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment (filed 1/22/10)
• Reply in Response to Motion for Summary Judgment filed by Defendant Bernie Buescher (filed 2/4/10)
• Declaration in Support of Plaintiffs' Reply in Support of Motion for Summary Judgment (filed 2/4/10)
• Reply in Response to Plaintiffs' Motion for Partial Summary Judgment Filed by Common Cause of Colorado (filed 2/4/10)
• Motion for Preliminary Injunction (filed 10/6/10)
  • Declaration of James Finburg
    • Exhibits A, B, C
  • Declaration of Steven Ury
  • Declaration of Jessie Ulibarri
  • Declaration of Andrew Supe
  • Declaration of Jennifer Flanagan
• Order Directing the Submission of a Joint Response to the Court's Supplemental Questions Regarding Crossmotions for Summary Judgment and Granting Request for Status Conference/ Oral Argument (entered 10/6/10)
• Joint Response to Court's Supplemental Questions to Cross-Motions for Summary Judgment (filed 10/13/10)
  • Appendix
• Minute Entry for Oral Arguments on Motions for Summary Judgment and Motion for Preliminary Injunction (entered 10/15/10)
• Order denying Motion for Interim Relief (entered 10/18/10)
• Order and Memorandum Opinion (entered 11/3/10)
• Notice of Appeal from Order on Summary Judgment (filed 12/2/10)

Appellate Court Documents

• Case Assigned USCA Case Number 10-1546 (filed 12/3/10)
• Notice of Record Complete (filed 12/17/10)
• Stipulation to Dismiss Case (filed 1/25/11)
• Order Dismissing Case with Prejudice (filed 1/25/11)