Case: California Council of the Blind v. Weber

3:24-cv-01447 | U.S. District Court for the Northern District of California

Filed Date: March 8, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the accessibility of California's vote by mail system. On March 8, 2024, three named plaintiffs who are registered California voters with print disabilities, the California Council of the Blind (CCB), and the National Federation of the Blind of California (NFBCA) filed this lawsuit in the United States District Court for the Northern District of California. The organizations and voters sued the California Secretary of State pursuant to Title II of the Americans with Disabilit…

This case concerns the accessibility of California's vote by mail system. On March 8, 2024, three named plaintiffs who are registered California voters with print disabilities, the California Council of the Blind (CCB), and the National Federation of the Blind of California (NFBCA) filed this lawsuit in the United States District Court for the Northern District of California. The organizations and voters sued the California Secretary of State pursuant to Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California Government Code. Represented by Disability Rights Advocates, Disability Rights California, and private council, the voters and organizations sought declaratory and injunctive relief, as well as attorney’s fees. They alleged that the vote-by-mail’s paper-based requirements denies voters with print disabilities their right to vote privately and independently. The case was assigned to Magistrate Judge Sallie Kim.

California’s vote by mail system requires voters to print their ballots, place them in envelopes, sign and seal the envelopes, and return them through one of three non-electronic means. Print disabilities prevent voters from reading, marking, holding, handling, or manipulating their ballots. Though California allows some military and overseas voters to return their ballots electronically, voters with print disabilities are not provided an electronic option and are forced to seek assistance to physically submit their ballots. The injunctive relief the voters and organizations sought would require California to provide an accessible electronic ballot return option.

The case is ongoing.

Summary Authors

Rabeya Mallick (3/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68325464/parties/california-council-of-the-blind-v-weber/


Documents in the Clearinghouse

Documents in this case
1

3:24-cv-01447

Complaint for Declaratory and Injunctive Relief

March 8, 2024

March 8, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68325464/california-council-of-the-blind-v-weber/

Last updated April 12, 2026, 4:34 a.m.

ECF Number Date Description Link
1 March 8, 2024

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405, receipt number ACANDC-19203672.). Filed by Russell Rawlings, California Council of the Blind, Christopher Gray, National Federation of the Blind of California. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Betouliere, Sean) (Filed on 3/8/2024) (Entered: 03/08/2024)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

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2 March 8, 2024

Certificate of Interested Entities by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli (Betouliere, Sean) (Filed on 3/8/2024) (Entered: 03/08/2024)

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3 March 11, 2024

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/25/2024. (mbc, COURT STAFF) (Filed on 3/11/2024) (Entered: 03/11/2024)

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March 11, 2024

~Util - Case Assigned by Intake

4 March 12, 2024

NOTICE of Appearance by Rosa Lee Vetters Bichell (Bichell, Rosa Lee) (Filed on 3/12/2024) (Entered: 03/12/2024)

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5 March 13, 2024

NOTICE of Appearance by Shawna L Parks (Parks, Shawna) (Filed on 3/13/2024) (Entered: 03/13/2024)

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6 March 25, 2024

NOTICE of Appearance by Frederick Philip Nisen on behalf of Plaintiffs (Nisen, Frederick) (Filed on 3/25/2024) (Entered: 03/25/2024)

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7 March 25, 2024

NOTICE of Appearance by Paul R. Spencer on behalf of Plaintiffs (Spencer, Paul) (Filed on 3/25/2024) (Entered: 03/25/2024)

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8 March 26, 2024

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 4/9/2024. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 3/26/2024) (Entered: 03/26/2024)

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9 March 26, 2024

NOTICE of Appearance by Andrea Rodriguez on behalf of Plaintiffs (Rodriguez, Andrea) (Filed on 3/26/2024) (Entered: 03/26/2024)

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10 March 26, 2024

MOTION for leave to appear in Pro Hac Vice by Lauren J. Kelleher ( Filing fee $ 328, receipt number ACANDC-19260473.) filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Attachments: # 1 Maryland Certificate of Good Standing)(Kelleher, Lauren) (Filed on 3/26/2024) (Entered: 03/26/2024)

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March 26, 2024

Clerk's Notice re: Consent or Declination

11 March 27, 2024

Order by Magistrate Judge Sallie Kim granting 10 Motion for Pro Hac Vice as to Lauren J. Kelleher. (bxl, COURT STAFF) (Filed on 3/27/2024) (Entered: 03/27/2024)

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12 April 4, 2024

MOTION for Preliminary Injunction filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. Motion Hearing set for 5/20/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 4/18/2024. Replies due by 4/25/2024. (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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13 April 4, 2024

Declaration of Gabriel Griffith in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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14 April 4, 2024

Declaration of Timothy Elder in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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15 April 4, 2024

Declaration of Russell Rawlings in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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16 April 4, 2024

Declaration of Christopher Gray in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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17 April 4, 2024

Declaration of Vita Zavoli in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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18 April 4, 2024

Declaration of Rosa Lee Bichell in Support of 12 MOTION for Preliminary Injunction filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Related document(s) 12 ) (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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19 April 4, 2024

Proposed Order re 12 MOTION for Preliminary Injunction by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Bichell, Rosa Lee) (Filed on 4/4/2024) (Entered: 04/04/2024)

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20 April 4, 2024

NOTICE of Appearance by Eve Lynne Hill (Hill, Eve) (Filed on 4/4/2024) (Entered: 04/04/2024)

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21 April 4, 2024

NOTICE of Appearance by Nicholas Reiss Green (Green, Nicholas) (Filed on 4/4/2024) (Entered: 04/04/2024)

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22 April 4, 2024

NOTICE of Appearance by Jane Reilley (Reilley, Jane) (Filed on 4/4/2024) (Entered: 04/04/2024)

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23 April 4, 2024

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendant shall file a consent or declination to proceed before a magistrate judge by 4/11/2024. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 4/4/2024) (Entered: 04/04/2024)

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24 April 4, 2024

STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order Extending Briefing Schedule re: Plaintiff's Motion for a Preliminary Injunction (DKT.12) & Defendant's Time to Respond to Complaint filed by Shirley N. Weber. (Attachments: # 1 Declaration of Nicholas R. Green)(Green, Nicholas) (Filed on 4/4/2024) (Entered: 04/04/2024)

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April 4, 2024

Clerk's Notice re: Consent or Declination

25 April 5, 2024

NOTICE of Appearance by Neel Lalchandani (Lalchandani, Neel) (Filed on 4/5/2024) (Entered: 04/05/2024)

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26 April 5, 2024

ORDER EXTENDING BRIEFING SCHEDULE RE: PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION & DEFENDANTS TIME TO RESPOND TO COMPLAINT. Opposition due by 4/25/2024. Replies due by 5/6/2024. Motion Hearing for a Preliminary Injunction set for 5/20/2024 continued to 6/3/2024 at 9:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 4/5/2024. (bxl, COURT STAFF) (Filed on 4/5/2024) (Entered: 04/05/2024)

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27 April 5, 2024

PROOF OF SERVICE by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli (Bichell, Rosa Lee) (Filed on 4/5/2024) Modified on 4/8/2024 (kmg, COURT STAFF). (Entered: 04/05/2024)

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28 April 9, 2024

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli.. (Nisen, Frederick) (Filed on 4/9/2024) (Entered: 04/09/2024)

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29 April 11, 2024

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli.. (Nisen, Frederick) (Filed on 4/11/2024) (Entered: 04/11/2024)

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30 April 11, 2024

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shirley N. Weber.. (Green, Nicholas) (Filed on 4/11/2024) (Entered: 04/11/2024)

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31 April 22, 2024

Proposed Summons. (Betouliere, Sean) (Filed on 4/22/2024) (Entered: 04/22/2024)

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32 April 22, 2024

CERTIFICATE OF SERVICE by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli (Betouliere, Sean) (Filed on 4/22/2024) (Entered: 04/22/2024)

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33 April 22, 2024

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (gba, COURT STAFF) (Filed on 4/22/2024) (Entered: 04/22/2024)

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34 April 22, 2024

Summons Issued as to Shirley N. Weber. (gba, COURT STAFF) (Filed on 4/22/2024) (Entered: 04/22/2024)

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35 April 25, 2024

NOTICE of Appearance by Karie Teresa Lew (Lew, Karie) (Filed on 4/25/2024) (Entered: 04/25/2024)

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36 April 25, 2024

OPPOSITION/RESPONSE (re 12 MOTION for Preliminary Injunction ) filed byShirley N. Weber. (Green, Nicholas) (Filed on 4/25/2024) (Entered: 04/25/2024)

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37 April 25, 2024

Declaration of Nakesha Robinson in Support of 36 Opposition/Response to Motion filed byShirley N. Weber. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 36 ) (Green, Nicholas) (Filed on 4/25/2024) (Entered: 04/25/2024)

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38 April 25, 2024

Declaration of Jana M. Lean, Chief of Elections Division in Support of 36 Opposition/Response to Motion filed byShirley N. Weber. (Attachments: # 1 Exhibit A)(Related document(s) 36 ) (Green, Nicholas) (Filed on 4/25/2024) (Entered: 04/25/2024)

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39 April 25, 2024

Declaration of Nicholas R. Green in Support of 36 Opposition/Response to Motion filed byShirley N. Weber. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 36 ) (Green, Nicholas) (Filed on 4/25/2024) (Entered: 04/25/2024)

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40 May 6, 2024

CLERK'S NOTICE Setting Zoom Hearing: Motion Hearing re MOTION for Preliminary Injunction set for 6/3/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 5/6/2024) (Entered: 05/06/2024)

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41 May 6, 2024

REPLY (re 12 MOTION for Preliminary Injunction ) filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Attachments: # 1 Declaration of Bryan Finney, # 2 Declaration of John Tuteur, # 3 Declaration of Lincoln Smith, # 4 Declaration of Rosa Lee Bichell, # 5 Declaration of Vita Zavoli, # 6 Declaration of Russell Rawlings, # 7 Declaration of Christopher Gray, # 8 Declaration of Kristin B. Connelly, # 9 Declaration of Dean Logan, # 10 Declaration of Art Tinoco, # 11 Declaration of Francisco Diaz, # 12 Declaration of Paul Spencer)(Betouliere, Sean) (Filed on 5/6/2024) (Entered: 05/06/2024)

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42 May 6, 2024

Request for Judicial Notice re 41 Reply to Opposition/Response,, filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 41 ) (Betouliere, Sean) (Filed on 5/6/2024) (Entered: 05/06/2024)

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May 6, 2024

Clerk's Notice AND ~Util - Teleconference Zoom

43 May 10, 2024

OBJECTIONS to re 41 Reply to Opposition/Response,, Defendant's Objection to Reply Evidence & Motion to Strike Pursuant to Civil L.R. 7-3(d) & Alternative Request for Leave to File Response by Shirley N. Weber. (Green, Nicholas) (Filed on 5/10/2024) (Entered: 05/10/2024)

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44 May 14, 2024

Supplemental Brief re 43 Objection, Plaintiffs' Opposition to Defendant's Motion to Strike Reply Evidence filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 43 ) (Betouliere, Sean) (Filed on 5/14/2024) (Entered: 05/14/2024)

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45 May 15, 2024

First ADMINISTRATIVE MOTION For Relief from General Order 56 filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. Responses due by 5/20/2024. (Attachments: # 1 Proposed Order GRANTING PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER 56, # 2 Declaration OF ROSA LEE BICHELL IN SUPPORT OF PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER 56, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Betouliere, Sean) (Filed on 5/15/2024) (Entered: 05/15/2024)

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46 May 17, 2024

OPPOSITION/RESPONSE (re 45 First ADMINISTRATIVE MOTION For Relief from General Order 56 ) filed byShirley N. Weber. (Attachments: # 1 Proposed Order)(Green, Nicholas) (Filed on 5/17/2024) (Entered: 05/17/2024)

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47 May 20, 2024

ORDER Regarding 43 Objection, filed by Shirley N. Weber. Signed by Judge Sallie Kim on May 20, 2024. (sklc1, COURT STAFF) (Filed on 5/20/2024) (Entered: 05/20/2024)

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48 May 20, 2024

CLERK'S NOTICE Setting Zoom Hearing: Motion for Preliminary Injunction set for 6/3/2024 is continued to 6/17/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 5/20/2024) (Entered: 05/20/2024)

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May 20, 2024

Clerk's Notice AND ~Util - Teleconference Zoom

49 May 21, 2024

NOTICE of Appearance by Melinda Ruth Bird and Substitution of Counsel Lili V. Graham (Bird, Melinda) (Filed on 5/21/2024) (Entered: 05/21/2024)

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50 May 23, 2024

STIPULATION WITH PROPOSED ORDER FOR RELIEF FROM GENERAL ORDER 56 REQUIREMENT TO HOLD SETTLEMENT MEETING IN PERSON filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Betouliere, Sean) (Filed on 5/23/2024) (Entered: 05/23/2024)

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51 May 24, 2024

Order by Magistrate Judge Sallie Kim granting 50 Stipulation.(sklc1, COURT STAFF) (Filed on 5/24/2024) (Entered: 05/24/2024)

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52 May 24, 2024

ADMINISTRATIVE MOTION TO ADVANCE HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. Responses due by 5/28/2024. (Attachments: # 1 Declaration OF ROSA LEE BICHELL IN SUPPORT OF PLAINTIFFS MOTION TO ADVANCE HEARING ON PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Betouliere, Sean) (Filed on 5/24/2024) (Entered: 05/24/2024)

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53 May 28, 2024

OPPOSITION/RESPONSE (re 52 ADMINISTRATIVE MOTION TO ADVANCE HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION ) filed byShirley N. Weber. (Green, Nicholas) (Filed on 5/28/2024) (Entered: 05/28/2024)

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54 May 28, 2024

REPLY (re 12 MOTION for Preliminary Injunction ) -- Defendants' Sur-Reply ISO Opposition to Plaintiff's Motion for a Preliminary Injunction filed byShirley N. Weber. (Attachments: # 1 Declaration of Lupe Villa, # 2 Declaration of Tricia Webber)(Green, Nicholas) (Filed on 5/28/2024) (Entered: 05/28/2024)

1 Declaration of Lupe Villa

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2 Declaration of Tricia Webber

View on RECAP

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55 May 29, 2024

Order by Magistrate Judge Sallie Kim Regarding 52 Administrative Motion to Change Hearing Date.(sklc1, COURT STAFF) (Filed on 5/29/2024) (Entered: 05/29/2024)

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May 29, 2024

Set Deadlines/Hearings

May 29, 2024

Set Hearing: Motion for Preliminary Injunction set for 6/17/2024 is continued to 6/24/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. (bxl, COURT STAFF) (Filed on 5/29/2024)

56 June 20, 2024

CLERK'S NOTICE Setting Zoom Hearing: Motion Hearing re 12 Motion for Preliminary Injunction set for 6/24/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 6/20/2024) . (Entered: 06/20/2024)

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57 June 20, 2024

NOTICE OF QUESTIONS FOR HEARING. Signed by Magistrate Judge Sallie Kim on 6/20/2024. (bxl, COURT STAFF) (Filed on 6/20/2024) (Entered: 06/20/2024)

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June 20, 2024

Clerk's Notice AND ~Util - Teleconference Zoom

58 June 24, 2024

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 6/24/2024 re 12 MOTION for Preliminary Injunction. Matter taken under submission. The Court will issue a written order. Zoom Recording Time: 10:17-11:00. Attorneys for Plaintiffs: Rosie Bichell, Fred Nisen, Eve Hill and Sean Betouliere. Attorneys for Defendant: Nicholas Green and Jane Reilley. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Date Filed: 6/24/2024) Proceedings transcribed by Tara Jauregui of Echo Reporting (echoreporting@yahoo.com) Modified on 7/16/2024 (jaf, COURT STAFF). (Entered: 06/25/2024)

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June 25, 2024

Motion Hearing AND ~Util - Set Deadlines/Hearings

59 July 3, 2024

STIPULATION WITH PROPOSED ORDER RE: Relief from Paragraph 9 of General Order No. 56 filed by Shirley N. Weber. (Green, Nicholas) (Filed on 7/3/2024) (Entered: 07/03/2024)

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60 July 3, 2024

Order by Magistrate Judge Sallie Kim denying 12 Motion for Preliminary Injunction. (bxl, COURT STAFF) (Filed on 7/3/2024) (Entered: 07/03/2024)

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61 July 5, 2024

Letter from Nicholas Green re Census Bureau Statistics . (Green, Nicholas) (Filed on 7/5/2024) (Entered: 07/05/2024)

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62 July 15, 2024

ORDER RE: RELIEF FROM PARAGRAPH 9 OF GENERAL ORDER NO. 56. Initial Case Management Conference set for 8/5/2024 at 1:30 PM in San Francisco - Videoconference Only. Case Management Statement due by 7/29/2024. Signed by Magistrate Judge Sallie Kim on 7/15/2024. (bxl, COURT STAFF) (Filed on 7/15/2024) (Entered: 07/15/2024)

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63 July 16, 2024

TRANSCRIPT ORDER for proceedings held on 06/24/2024 before Magistrate Judge Sallie Kim by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli, for Recorded Proceeding - San Francisco. (Nisen, Frederick) (Filed on 7/16/2024) (Entered: 07/16/2024)

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64 July 17, 2024

Transcript of Proceedings held on 06/24/24, before Judge Magistrate Judge Sallie Kim. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 10:17 - 11:00. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 63 Transcript Order, ) Redaction Request due 8/7/2024. Redacted Transcript Deadline set for 8/19/2024. Release of Transcript Restriction set for 10/15/2024. (Related documents(s) 63 ) (Jauregui, Tara) (Filed on 7/17/2024) (Entered: 07/17/2024)

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65 July 17, 2024

TRANSCRIPT ORDER for proceedings held on 06/24/2024 before Magistrate Judge Sallie Kim by Shirley N. Weber, for Recorded Proceeding - San Francisco. (Green, Nicholas) (Filed on 7/17/2024) (Entered: 07/17/2024)

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66 July 29, 2024

JOINT CASE MANAGEMENT STATEMENT filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Betouliere, Sean) (Filed on 7/29/2024) (Entered: 07/29/2024)

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67 Aug. 1, 2024

CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 8/5/2024 at 1:30 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 8/1/2024) (Entered: 08/01/2024)

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Aug. 1, 2024

Clerk's Notice AND ~Util - Teleconference Zoom

68 Aug. 5, 2024

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Initial Case Management Conference held on 8/5/2024.The Court did not set an Alternative Dispute Resolution (ADR) deadline. A deadline may be set at the next case management conference. Further Case Management Conference set for 10/28/2024 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/21/2024. Motion Hearing re Motion to Dismiss set for 9/23/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Responses due by 8/30/2024. Replies due by 9/6/2024. Zoom Recording Time: 1:35-1:40. Attorneys for Plaintiffs: Eve Hill, Sean Betouliere and Frederick Nisen. Attorneys for Defendant: Jane Reilley and Nicholas Green. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Date Filed: 8/5/2024) (Entered: 08/05/2024)

RECAP
Aug. 5, 2024

Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

69 Aug. 16, 2024

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Shirley N. Weber. Responses due by 9/13/2024. Replies due by 9/27/2024. (Attachments: # 1 Proposed Order)(Green, Nicholas) (Filed on 8/16/2024) (Entered: 08/16/2024)

RECAP
70 Aug. 16, 2024

MOTION to Dismiss for Lack of Jurisdiction CORRECTION OF DOCKET # 69 filed by Shirley N. Weber. Motion Hearing set for 9/23/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/30/2024. Replies due by 9/6/2024. (Attachments: # 1 Proposed Order)(Green, Nicholas) (Filed on 8/16/2024) (Entered: 08/16/2024)

1 Proposed Order

View on PACER

RECAP
71 Aug. 30, 2024

FIRST AMENDED COMPLAINT against Defendant Shirley N. Weber. Filed by Russell Rawlings, California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Vita Zavoli. (Betouliere, Sean) (Filed on 8/30/2024) Modified on 9/4/2024 (ecg, COURT STAFF). (Entered: 08/30/2024)

RECAP
72 Sept. 13, 2024

MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Shirley N. Weber. Motion to Dismiss Hearing set for 10/21/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor. Responses due by 9/27/2024. Replies due by 10/4/2024. (Attachments: # 1 Proposed Order)(Green, Nicholas) (Filed on 9/13/2024) (Entered: 09/13/2024)

RECAP
73 Sept. 27, 2024

OPPOSITION/RESPONSE (re 72 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) ) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Nisen, Frederick) (Filed on 9/27/2024) (Entered: 09/27/2024)

RECAP
74 Sept. 27, 2024

Request for Judicial Notice re 73 Opposition/Response to Motion, PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) filed byCalifornia Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Related document(s) 73 ) (Nisen, Frederick) (Filed on 9/27/2024) (Entered: 09/27/2024)

RECAP
75 Sept. 27, 2024

Proposed Order re 73 Opposition/Response to Motion, 74 Request for Judicial Notice, [PROPOSED] ORDER DENYING DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Nisen, Frederick) (Filed on 9/27/2024) (Entered: 09/27/2024)

RECAP
76 Oct. 4, 2024

REPLY (re 72 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) ) filed byShirley N. Weber. (Green, Nicholas) (Filed on 10/4/2024) (Entered: 10/04/2024)

RECAP
77 Oct. 11, 2024

NOTICE OF QUESTIONS FOR HEARING. Signed by Magistrate Judge Sallie Kim on 10/11/2024. (bxl, COURT STAFF) (Filed on 10/11/2024) (Entered: 10/11/2024)

RECAP
78 Oct. 15, 2024

STIPULATION WITH PROPOSED ORDER JOINT filed by California Council of the Blind, Christopher Gray, National Federation of the Blind of California, Russell Rawlings, Vita Zavoli. (Attachments: # 1 Declaration OF ROSA LEE BICHELL IN SUPPORT OF JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE)(Bichell, Rosa Lee) (Filed on 10/15/2024) (Entered: 10/15/2024)

RECAP
79 Oct. 16, 2024

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE: Further Case Management Conference previously set for 10/28/2024 is continued to 11/18/2024 at 1:30 PM in San Francisco - Videoconference Only. Case Management Statement due by 11/12/2024. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 10/16/2024) (Entered: 10/16/2024)

RECAP
Oct. 16, 2024

Clerk's Notice AND ~Util - Teleconference Zoom

80 Oct. 17, 2024

CLERK'S NOTICE SETTING ZOOM HEARING:Motion Hearing re 72 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) set for 10/21/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 10/17/2024) (Entered: 10/17/2024)

RECAP
Oct. 17, 2024

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

81 Oct. 21, 2024

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 10/21/2024 re 72 MOTION to Dismiss First Amended Complaint . The Court discussed the questions issued at docket 77 with parties. Matter taken under submission. Zoom Recording Time: 9:34-10:03. Attorneys for Plaintiffs: Lili Graham, Eve Hill and Frederick Nisen. Attorney for Defendant: Nicholas Green. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Date Filed: 10/21/2024) (Entered: 10/21/2024)

RECAP
Oct. 21, 2024

Motion Hearing AND ~Util - Set Deadlines/Hearings

Nov. 8, 2024

Clerk's Notice Setting Zoom Hearing

83 Nov. 25, 2024

Joint Case Management Statement

RECAP
84 Dec. 2, 2024

Order

RECAP
85 Dec. 2, 2024

Order by Magistrate Judge Sallie Kim denying 72 Motion to Dismiss.(sklc1, COURT STAFF) (Filed on 12/2/2024)

RECAP
Dec. 3, 2024

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Election/Voting Rights

Key Dates

Filing Date: March 8, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Registered California voters with print disabilities and disability rights organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of California

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

Northern District of California 3:24-cv-01447

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Mobility impairment

Reasonable Accommodations

Visual impairment

Discrimination Area:

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Voting: General & Misc.

Recommended Citation