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
Courts that Heard this Case: U.S. District Court for the District of New Mexico (Case 1:09-cv-00668-LAM-DJS); 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)