Case: Citizens Project v. City of Colorado Springs

1:22-cv-01365 | U.S. District Court for the District of Colorado

Filed Date: June 1, 2022

Closed Date: July 29, 2024

Clearinghouse coding complete

Case Summary

This case is about four non-profit corporations asserting that the City of Colorado Springs held its elections off-cycle in April of odd-numbered years and alleged that this contributed to unlawful racial discrimination and ultimately violated the Voting Rights Act.  On June 1, 2022, the plaintiffs--the nonprofits Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region, and Black/Latino Leadership Coalition-- represented by the Election Law Clinic at Harvard Law…

This case is about four non-profit corporations asserting that the City of Colorado Springs held its elections off-cycle in April of odd-numbered years and alleged that this contributed to unlawful racial discrimination and ultimately violated the Voting Rights Act. 

On June 1, 2022, the plaintiffs--the nonprofits Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region, and Black/Latino Leadership Coalition-- represented by the Election Law Clinic at Harvard Law School, commenced this action in the United States District Court for the District of Colorado. The plaintiffs argued that the City of Colorado Springs’ timing choice of its elections remains in effect even though Colorado municipalities are now forbidden from adopting it in the first instance and that it is highly unusual among Colorado cities and towns. Additionally, the plaintiffs argued that the Voting Rights Act applies to election timing and may require changes to when elections are held. The plaintiffs argued that the April off-year timing of the Colorado Springs’ municipal elections caused an enormous racial disparity in turnout. As relief, the plaintiffs requested that the Court enter judgment to declare that the timing of the Colorado Springs’ April off-year municipal elections violated Section 2 of the Voting Rights Act, permanently enjoin Colorado Springs from holding future non-November municipal elections, and award plaintiffs’ attorneys’ fees and costs of suit. 

On July 28, 2023, the defendants filed a motion for summary judgment and argued that the plaintiffs did not seek to change the City of Colorado Springs’ election timing through democratic means, no Black or Hispanic resident of the City of Colorado Springs joined the lawsuit, and the City’s Black mayor opposed plaintiffs’ suit. The defendants argued that different election timing falls outside any Section 2 right or remedy. The defendants argued that the plaintiffs lacked a private right of action under Section 2. For these reasons, the defendants argued that the Court should grant defendants’ motion for summary judgment. 

On July 9, 2024, the Court issued an order dismissing plaintiff’s claim for lack of Article III standing and finding as moot defendant’s motion for summary judgment. The Court found that the Court lacked subject matter jurisdiction over the matter and dismissed it without prejudice. The Court reasoned that the four non-profit plaintiffs lacked standing because the injuries that they pled were insufficient to confer organizational standing. The Court argued that the plaintiffs have “manufactured their own standing.” The Court concluded that the plaintiffs lacked Article III standing because they have failed to demonstrate injury in fact. The case is now closed. 

Summary Authors

LFAA (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63352004/parties/citizens-project-v-colorado-springs/


Judge(s)

Crews, Shane Kato (Colorado)

Attorney for Plaintiff

Hessel, Daniel Jacob (Colorado)

Lee, Theresa Jeane (Colorado)

Attorney for Defendant

Lamphere, William Erik (Colorado)

Lessig, Tracy M. (Colorado)

Documents in the Clearinghouse

Documents in this case
1

1:22-cv-01365

Complaint

June 1, 2022

June 1, 2022

Complaint
35

1:22-cv-01365

Joint Motion for Entry of Stipulated Protective Order

Dec. 12, 2022

Dec. 12, 2022

Pleading / Motion / Brief
38

1:22-cv-01365

Stipulated Protective Order Governing Confidential Information and Documents

Dec. 13, 2022

Dec. 13, 2022

Order/Opinion
49

1:22-cv-01365

Joint Motion for Entry of Stipulated Order Pursuant to Fed. R. Evid. 502(d)

May 24, 2023

May 24, 2023

Pleading / Motion / Brief
52

1:22-cv-01365

Stipulated Order Pursuant to Fed. R. Evid. 502(d)

May 30, 2023

May 30, 2023

Order/Opinion
60

1:22-cv-01365

Defendants' Motion for Summary Judgment

July 28, 2023

July 28, 2023

Pleading / Motion / Brief
73

1:22-cv-01365

Final Pretrial Order

Dec. 21, 2023

Dec. 21, 2023

Order/Opinion
93

1:22-cv-01365

Order Dismissing Plaintiffs' Claim for Lack of Article III Standing and Finding as Moot Defendants' Motion for Summary Judgment

July 9, 2024

July 9, 2024

Order/Opinion
94

1:22-cv-01365

Final Judgment

July 9, 2024

July 9, 2024

Order/Opinion
95

1:22-cv-01365

Plaintiffs' Motion to Alter or Amend Judgment

Aug. 5, 2024

Aug. 5, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63352004/citizens-project-v-colorado-springs/

Last updated April 12, 2026, 4:27 a.m.

ECF Number Date Description Link
1 June 1, 2022

COMPLAINT against City of Colorado Springs, Sarah Ball Johnson, Office of the City Clerk of Colorado Springs (Filing fee $ 402,Receipt Number BCODC-8483272), filed by Citizens Project, Black/Latino Leadership Coalition, League of Women Voters of the Pikes Peak Region, Colorado Latinos Vote. (Attachments: # 1 Summons City of Colorado Springs, # 2 Summons Office of the City Clerk of Colorado Springs, # 3 Summons Sarah Ball Johnson, # 4 Civil Cover Sheet)(Lee, Theresa) (Entered: 06/01/2022)

1 Summons City of Colorado Springs

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2 Summons Office of the City Clerk of Colorado Springs

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3 Summons Sarah Ball Johnson

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4 Civil Cover Sheet

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Clearinghouse
2 June 1, 2022

Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (tgall, ) (Entered: 06/01/2022)

RECAP
3 June 1, 2022

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (tgall, ) (Entered: 06/01/2022)

1 Summons

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2 Summons

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3 Magistrate Judge Consent Form

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RECAP
4 June 1, 2022

NOTICE of Entry of Appearance by Daniel Jacob Hessel on behalf of All Plaintiffs Attorney Daniel Jacob Hessel added to party Black/Latino Leadership Coalition(pty:pla), Attorney Daniel Jacob Hessel added to party Citizens Project(pty:pla), Attorney Daniel Jacob Hessel added to party Colorado Latinos Vote(pty:pla), Attorney Daniel Jacob Hessel added to party League of Women Voters of the Pikes Peak Region(pty:pla) (Hessel, Daniel) (Entered: 06/01/2022)

RECAP
5 June 1, 2022

MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 22-cv-01365-PAB. (athom, ) (Entered: 06/01/2022)

RECAP
6 June 1, 2022

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 6/01/2022. Text Only Entry (pabsec, ) (Entered: 06/01/2022)

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7 June 1, 2022

NOTICE of Entry of Appearance by Nicholas O. Stephanopoulos on behalf of All Plaintiffs Attorney Nicholas O. Stephanopoulos added to party Black/Latino Leadership Coalition(pty:pla), Attorney Nicholas O. Stephanopoulos added to party Citizens Project(pty:pla), Attorney Nicholas O. Stephanopoulos added to party Colorado Latinos Vote(pty:pla), Attorney Nicholas O. Stephanopoulos added to party League of Women Voters of the Pikes Peak Region(pty:pla) (Stephanopoulos, Nicholas) (Entered: 06/01/2022)

RECAP
June 1, 2022

Order Referring Case to Magistrate Judge

8 June 2, 2022

Minute ORDER by Magistrate Judge Michael E. Hegarty on 2 June 2022. Proposed Scheduling Order due 7/26/2022. Scheduling Conference set for 8/2/2022 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) (Entered: 06/02/2022)

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9 June 7, 2022

SUMMONS Returned Executed by All Plaintiffs. City of Colorado Springs served on 6/3/2022, answer due 6/24/2022. (Hessel, Daniel) (Entered: 06/07/2022)

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10 June 7, 2022

SUMMONS Returned Executed by All Plaintiffs. Office of the City Clerk of Colorado Springs served on 6/3/2022, answer due 6/24/2022. (Hessel, Daniel) (Entered: 06/07/2022)

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11 June 9, 2022

SUMMONS Returned Executed by All Plaintiffs. Sarah Ball Johnson served on 6/3/2022, answer due 6/24/2022. (Hessel, Daniel) (Entered: 06/09/2022)

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12 June 22, 2022

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants City of Colorado Springs, Sarah Ball Johnson, Office of the City Clerk of Colorado Springs. (Lamphere, William) (Entered: 06/22/2022)

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13 June 22, 2022

MEMORANDUM regarding 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Office of the City Clerk of Colorado Springs, City of Colorado Springs, Sarah Ball Johnson. Motion referred to Magistrate Judge Michael E. Hegarty, by Chief Judge Philip A. Brimmer on 6/22/2022. Text Only Entry (pabsec, ) (Entered: 06/22/2022)

RECAP
June 22, 2022

Memorandum

14 June 23, 2022

NOTICE of Voluntary Dismissal of Party Office of the City Clerk of Colorado Springs by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region (Hessel, Daniel) (Entered: 06/23/2022)

RECAP
15 June 23, 2022

Minute ORDER by Magistrate Judge Michael E. Hegarty on 23 June 2022. For good cause shown, Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading to the Complaint 12 is granted. Defendants shall file their answer or other response to the operative pleading on or before July 29, 2022.(cmadr, ) (Entered: 06/23/2022)

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16 June 24, 2022

MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/24/2022, re: 14 Notice of Dismissal of Party. ORDERED the case was dismissed without prejudice against defendant Office of the City Clerk of Colorado Springs as of the entry of the Notice of Voluntary Dismissal Pursuant to FRCP 41(a)(1)(A)(I) [Docket No. 14]. No order of dismissal is necessary. (sphil, ) (Entered: 06/27/2022)

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17 July 7, 2022

REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Maritza Dominguez Braswell, upon her appointment. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (such as 22-cv-1365-PAB-MDB. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell in Suite 100. Her chambers are located at 212 North Wasatch Avenue, Suite 100, Colorado Springs, CO 80903. Her telephone number is 719-575-0328. (angar, ) (Entered: 07/07/2022)

RECAP
18 July 13, 2022

Joint MOTION to Amend/Correct/Modify 8 Order to Reschedule Rule 16(b) conference and Rule 26(f) meeting by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Lee, Theresa) (Entered: 07/13/2022)

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19 July 13, 2022

MEMORANDUM regarding 18 Joint MOTION to Amend/Correct/Modify 8 Order to Reschedule Rule 16(b) conference and Rule 26(f) meeting filed by Black/Latino Leadership Coalition, League of Women Voters of the Pikes Peak Region, Citizens Project, Colorado Latinos Vote. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 7/13/2022. Text Only Entry (pabsec, ) (Entered: 07/13/2022)

RECAP
20 July 13, 2022

MINUTE ORDER granting 18 Joint Motion to Amend Minute Order. The parties shall hold a Rule 26(f) meeting on or before August 17, 2022. The proposed scheduling order shall be due August 24, 2022. The Telephonic Scheduling Conference is RESET for August 31, 2022 at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. At the appointed time, each participant should call 571-353-2301, and then enter ID # 617286044. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. By Magistrate Judge Maritza Dominguez Braswell on 07/13/22. Text Only Entry(mdblc2) (Entered: 07/13/2022)

RECAP
July 13, 2022

Memorandum

July 13, 2022

Order on Motion to Amend/Correct/Modify

21 July 29, 2022

ANSWER to 1 Complaint, by City of Colorado Springs, Sarah Ball Johnson.(Lamphere, William) (Entered: 07/29/2022)

RECAP
22 Aug. 1, 2022

REASSIGNMENT OF JUDGE. This action is reassigned to Judge Charlotte N. Sweeney upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Sweeney in Courtroom 204 in the Byron Rogers Courthouse. Her chambers are located in C-253 and her telephone number is (303) 335-2610. All future pleadings should be designated as 22-cv-01365-CNS-MDB. (Text only entry) (agarc, ) (Entered: 08/01/2022)

RECAP
23 Aug. 3, 2022

MINUTE ORDER: The Telephonic Scheduling Conference is RESET for August 31, 2022 at 09:45 AM before Magistrate Judge Maritza Dominguez Braswell. At the appointed time, each participant should call 571-353-2301, and then enter ID # 617286044. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. All other dates remain as previously set. The parties' joint proposed scheduling order remains due August 24, 2022. By Magistrate Judge Maritza Dominguez Braswell on 08/03/22. Text Only Entry (mdblc2) (Entered: 08/03/2022)

RECAP
Aug. 3, 2022

Order

24 Aug. 23, 2022

Proposed Scheduling Order by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Lee, Theresa) (Entered: 08/23/2022)

RECAP
25 Aug. 31, 2022

COURTROOM MINUTES for Scheduling Conference held on 8/31/2022 before Magistrate Judge Maritza Dominguez Braswell: Scheduling Order shall be entered as modified on the record. Within 24 hours after the scheduling conference, parties shall jointly contact chambers by email (Sweeney_chambers@cod.uscourts.gov) to get a final pretrial conference date. FTR: Courtroom 101. (evaug ) (Entered: 09/01/2022)

RECAP
26 Aug. 31, 2022

SCHEDULING ORDER: Discovery due by 6/9/2023. Dispositive Motions due by 7/28/2023. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/31/2022. (evaug ) (Entered: 09/01/2022)

RECAP
27 Sept. 7, 2022

NOTICE of Entry of Appearance by Tracy M. Lessig on behalf of City of Colorado Springs, Sarah Ball JohnsonAttorney Tracy M. Lessig added to party City of Colorado Springs(pty:dft), Attorney Tracy M. Lessig added to party Sarah Ball Johnson(pty:dft) (Lessig, Tracy) (Entered: 09/07/2022)

RECAP
28 Sept. 8, 2022

MINUTE ORDER: A Final Pretrial Conference is set for 12/7/2023 at 1:30 PM in Courtroom C204 before Judge Charlotte N. Sweeney. The parties Proposed Pretrial Order is due by 11/30/2023. By Judge Charlotte N. Sweeney on 9/8/2022. Text Only Entry (cnssec. ) (Entered: 09/08/2022)

RECAP
Sept. 8, 2022

Minute Order

29 Nov. 14, 2022

Joint MOTION to Clarify re 25 Scheduling Conference, 26 Scheduling Order by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Lee, Theresa) (Entered: 11/14/2022)

RECAP
30 Nov. 14, 2022

MEMORANDUM regarding 29 Joint MOTION to Clarify re 25 Scheduling Conference, 26 Scheduling Order. Motion 29 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 11/14/2022. Text Only Entry (cnssec.) (Entered: 11/14/2022)

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31 Nov. 14, 2022

MINUTE ORDER granting 29 Joint Motion for Clarification. The deadline to serve all forms of written discovery, including interrogatories and requests for production and admission, is extended to May 10, 2023. By Magistrate Judge Maritza Dominguez Braswell on 11/14/22. Text Only Entry(mdblc2) (Entered: 11/14/2022)

RECAP
Nov. 14, 2022

Memorandum

Nov. 14, 2022

Order on Motion to Clarify

32 Nov. 21, 2022

Joint MOTION for Extension of Time to Respond to Written Discovery by Defendants City of Colorado Springs, Sarah Ball Johnson. (Lamphere, William) (Entered: 11/21/2022)

RECAP
33 Nov. 21, 2022

MEMORANDUM regarding 32 Joint MOTION for Extension of Time to Respond to Written Discovery. Motion 32 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 11/21/2022. Text Only Entry (cnssec.) (Entered: 11/21/2022)

RECAP
34 Nov. 21, 2022

MINUTE ORDER granting 32 Joint Motion for Extension of Time to Respond to Written Discovery. Plaintiffs shall respond to Defendants' written discovery requests on or before December 13, 2022. Defendants shall respond to Plaintiffs' written discovery requests on or before December 16, 2022. SO ORDERED by Magistrate Judge Maritza Dominguez Braswell on 11/21/2022. Text Only Entry(mdblc1) (Entered: 11/21/2022)

RECAP
Nov. 21, 2022

Memorandum

Nov. 21, 2022

Order on Motion for Extension of Time to File

35 Dec. 12, 2022

Joint MOTION for Protective Order Governing Confidential Information and Documents by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order Governing Confidential Information and Documents)(Lee, Theresa) (Entered: 12/12/2022)

1 Proposed Order (PDF Only) Stipulated Protective Order Governing Confidential Inf

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Clearinghouse
36 Dec. 12, 2022

MEMORANDUM regarding 35 Joint Motion for Protective Order Governing Confidential Information and Documents. Motion 35 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 12/12/2022. Text Only Entry (cnssec.) (Entered: 12/12/2022)

RECAP
Dec. 12, 2022

Memorandum

37 Dec. 13, 2022

ORDER granting 35 Motion for Protective Order by Magistrate Judge Maritza Dominguez Braswell on 12/13/2022. Text Only Entry(evaug) (Entered: 12/13/2022)

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38 Dec. 13, 2022

PROTECTIVE ORDER by Magistrate Judge Maritza Dominguez Braswell on 12/13/2022. (evaug) (Entered: 12/13/2022)

Clearinghouse
Dec. 13, 2022

Order on Motion for Protective Order

39 Feb. 27, 2023

NOTICE Law Student Appearance of Kamille Bernard by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region (Lee, Theresa) (Entered: 02/27/2023)

RECAP
40 Feb. 27, 2023

NOTICE Law Student Appearance of Dylan Hosmer-Quint by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region (Lee, Theresa) (Entered: 02/27/2023)

RECAP
41 Feb. 27, 2023

NOTICE Law Student Appearance of Morgan Hurst by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region (Lee, Theresa) (Entered: 02/27/2023)

RECAP
42 Feb. 27, 2023

NOTICE Law Student Appearance of Tyler Price by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region (Lee, Theresa) (Entered: 02/27/2023)

Clearinghouse
43 April 3, 2023

Joint MOTION to Amend/Correct/Modify 26 Scheduling Order by Defendants City of Colorado Springs, Sarah Ball Johnson. (Lamphere, William) (Entered: 04/03/2023)

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44 April 4, 2023

MEMORANDUM regarding 43 Joint MOTION to Amend/Correct/Modify 26 Scheduling Order. Motion 43 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 4/4/2023. Text Only Entry (cnssec.) (Entered: 04/04/2023)

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45 April 4, 2023

MINUTE ORDER granting the 43 Joint Motion to Modify Scheduling Order. The rebuttal expert designation deadline for any "non-historical expert" is extended to June 9, 2023. Discovery cut-off is extended to June 30, 2023, for the deposition of any non-historical expert. Discovery cut-off remains June 9, 2023, for any other discovery. By Magistrate Judge Maritza Dominguez Braswell on 4/4/2023. Text Only Entry(mdblc1) (Entered: 04/04/2023)

RECAP
April 4, 2023

Memorandum

April 4, 2023

Order on Motion to Amend/Correct/Modify

46 May 16, 2023

NOTICE of Entry of Appearance by Richard B. Raile on behalf of City of Colorado Springs, Sarah Ball JohnsonAttorney Richard B. Raile added to party City of Colorado Springs(pty:dft), Attorney Richard B. Raile added to party Sarah Ball Johnson(pty:dft) (Raile, Richard) (Entered: 05/16/2023)

RECAP
47 May 16, 2023

NOTICE of Entry of Appearance by Patrick T. Lewis on behalf of City of Colorado Springs, Sarah Ball JohnsonAttorney Patrick T. Lewis added to party City of Colorado Springs(pty:dft), Attorney Patrick T. Lewis added to party Sarah Ball Johnson(pty:dft) (Lewis, Patrick) (Entered: 05/16/2023)

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48 May 16, 2023

NOTICE of Entry of Appearance by Erika D. Prouty on behalf of City of Colorado Springs, Sarah Ball JohnsonAttorney Erika D. Prouty added to party City of Colorado Springs(pty:dft), Attorney Erika D. Prouty added to party Sarah Ball Johnson(pty:dft) (Prouty, Erika) (Entered: 05/16/2023)

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49 May 24, 2023

STIPULATION Joint Motion for Entry of Stipulated Order by Defendants City of Colorado Springs, Sarah Ball Johnson. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Order Pursuant to Fed.R.Evid.502(d))(Lamphere, William) Modified on 5/24/2023 to edit event type per chambers. (sphil, ). (Entered: 05/24/2023)

1 Proposed Order (PDF Only) Stipulated Order Pursuant to Fed.R.Evid.502(d)

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Clearinghouse
50 May 24, 2023

MEMORANDUM regarding 49 Joint Motion for Entry of Stipulated Order. Motion 49 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 5/24/2023. Text Only Entry (cnssec.) (Entered: 05/24/2023)

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May 24, 2023

Memorandum

51 May 30, 2023

ORDER granting 49 JOINT MOTION FOR ENTRY OF STIPULATED ORDERPURSUANT TO FED. R. EVID. 502(d). By Magistrate Judge Maritza Dominguez Braswell on 5/30/2023. Text Only Entry(evaug ) (Entered: 05/30/2023)

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52 May 30, 2023

PROTECTIVE ORDER by Magistrate Judge Maritza Dominguez Braswell on 5/30/2023. (evaug ) (Main Document 52 replaced on 5/30/2023) (evaug, ). (Entered: 05/30/2023)

Clearinghouse
May 30, 2023

Order on Motion for Order

53 June 7, 2023

Joint MOTION to Amend/Correct/Modify 26 Scheduling Order to Allow for Plaintiffs' 30(b)(6) Deposition of the City Outside the Discovery Cut-Off by Defendants City of Colorado Springs, Sarah Ball Johnson. (Lamphere, William) (Entered: 06/07/2023)

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54 June 7, 2023

ORDER REFERRING MOTION: 53 Joint MOTION to Amend/Correct/Modify 26 Scheduling Order to Allow for Plaintiffs' 30(b)(6) Deposition of the City Outside the Discovery Cut-Off filed by City of Colorado Springs, Sarah Ball Johnson referred to Magistrate Judge Maritza Dominguez Braswell by Judge Charlotte N. Sweeney on 6/7/23. Text Only Entry (jdyne) (Entered: 06/07/2023)

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55 June 7, 2023

MINUTE ORDER granting the 53 Joint Motion to Modify the Scheduling Order to Allow for Plaintiff's 30(b)(6) Deposition of the City Outside the Discovery Cut-Off. The deadline to conduct a 30(b)(6) deposition of the City is extended to June 22, 2023. By Magistrate Judge Maritza Dominguez Braswell on 6/7/2023. Text Only Entry(mdblc1) (Entered: 06/07/2023)

RECAP
June 7, 2023

Order on Motion to Amend/Correct/Modify

June 7, 2023

Order Referring Motion

56 June 30, 2023

MINUTE ORDER: Based on the parties' communications with chambers, an Informal Discovery Conference is SET for July 13, 2023, at 1:00 PM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video. The parties are directed to the attached instructions for appearing by video feed. By Magistrate Judge Maritza Dominguez Braswell on 6/30/2023. Text Only Entry (mdblc1) (Entered: 06/30/2023)

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57 July 13, 2023

COURTROOM MINUTES for Discovery Conference held on 7/13/2023 before Magistrate Judge Maritza Dominguez Braswell. FTR: Courtroom 101. (evaug) (Entered: 07/18/2023)

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58 July 24, 2023

Joint MOTION to Amend/Correct/Modify 26 Scheduling Order by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Lee, Theresa) (Entered: 07/24/2023)

RECAP
59 July 24, 2023

MEMORANDUM regarding 58 Joint MOTION to Amend/Correct/Modify 26 Scheduling Order. Motion 58 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 7/24/2023. Text Only Entry (cnssec. ) (Entered: 07/24/2023)

RECAP
July 24, 2023

Memorandum

60 July 28, 2023

MOTION for Summary Judgment by Defendants City of Colorado Springs, Sarah Ball Johnson. (Attachments: # 1 Exhibit A - Report of M. Barber, # 2 Exhibit B - Am. Report of M. Mayberry, # 3 Exhibit C - Excerpts of Dep. of T. Romero, # 4 Exhibit D - Excerpts of Dep. of J. Payson, # 5 Exhibit E - Affidavit of B. Mobolade, # 6 Exhibit F - Excerpts of Dep. of LWV-PPR, # 7 Exhibit G - Excerpts of Dep. of Citizens Project, # 8 Exhibit H - Excerpts of Dep. of BLLC, # 9 Exhibit I - Excerpts of Dep. of CLV, # 10 Exhibit J - Excerpts of Dep. of Z. Hajnal, # 11 Exhibit K - Rebuttal Report of M. Barber, # 12 Exhibit L - Report of Z. Hajnal, # 13 Exhibit M - Report of S. Anzia, # 14 Exhibit N - Rebuttal Report of J. Payson, # 15 Exhibit O - Excerpts of Pltfs Resps to Defts' Interogatories)(Raile, Richard) (Entered: 07/28/2023)

1 Exhibit A - Report of M. Barber

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2 Exhibit B - Am. Report of M. Mayberry

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3 Exhibit C - Excerpts of Dep. of T. Romero

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4 Exhibit D - Excerpts of Dep. of J. Payson

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5 Exhibit E - Affidavit of B. Mobolade

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6 Exhibit F - Excerpts of Dep. of LWV-PPR

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7 Exhibit G - Excerpts of Dep. of Citizens Project

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8 Exhibit H - Excerpts of Dep. of BLLC

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9 Exhibit I - Excerpts of Dep. of CLV

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10 Exhibit J - Excerpts of Dep. of Z. Hajnal

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11 Exhibit K - Rebuttal Report of M. Barber

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12 Exhibit L - Report of Z. Hajnal

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13 Exhibit M - Report of S. Anzia

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14 Exhibit N - Rebuttal Report of J. Payson

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15 Exhibit O - Excerpts of Pltfs Resps to Defts' Interogatories

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Clearinghouse
61 July 31, 2023

MINUTE ORDER granting the 58 Joint Motion to Modify Scheduling Order. Discovery cutoff is extended to August 3, 2023, for the purpose of conducting a Rule 30(b)(6) deposition of the City. By Magistrate Judge Maritza Dominguez Braswell on 7/31/2023. Text Only Entry(mdblc1) (Entered: 07/31/2023)

RECAP
July 31, 2023

Order on Motion to Amend/Correct/Modify

62 Aug. 16, 2023

BRIEF in Opposition to 60 MOTION for Summary Judgment filed by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Attachments: # 1 Exhibit P - Excerpts from Citizens Project Deposition, # 2 Exhibit Q - Ex 18 to Citizens Project Deposition, # 3 Exhibit R - Excerpts from LWVPPR Deposition, # 4 Exhibit S - Ex 16 to LWVPPR Deposition, # 5 Exhibit T - Hajnal Rebuttal Report, # 6 Exhibit U - Appendices to Hajnal Report, # 7 Exhibit V - Excerpts from BLLC Deposition, # 8 Exhibit W - Ex 3 to Citizens Projet Deposition, # 9 Exhibit X - Excerpts from CLV Deposition, # 10 Exhibit Y - Ex 2 to BLLC Deposition, # 11 Exhibit Z - Excerpts from Johnson Deposition, # 12 Exhibit AA - Romero Report, # 13 Exhibit BB - Excerpts from Mayberry Deposition, # 14 Exhibit CC - Ex 14 to Mayberry Deposition, # 15 Exhibit DD - Ex 68 to Koch Deposition, # 16 Exhibit EE - Excerpts from Posey Deposition, # 17 Exhibit FF - Ex 44 to Anzia Deposition, # 18 Exhibit GG - Payson Report, # 19 Exhibit HH - Attachment to Barber Report, # 20 Exhibit II - Ex 13 to Anzia Deposition, # 21 Exhibit JJ - Ex 14 to Anzia Deposition, # 22 Exhibit KK - Ex 15 to Anzia Deposition, # 23 Exhibit LL - Ex 16 to Anzia Deposition, # 24 Exhibit MM - Excerpts from Anzia Deposition, # 25 Exhibit NN - Ex 11 to Anzia Deposition, # 26 Exhibit OO - Ex 14 to Barber Deposition, # 27 Exhibit PP - Excerpts from Barber Deposition, # 28 Exhibit QQ - Ex 29 to Anzia Deposition, # 29 Exhibit RR - Romero Rebuttal Report, # 30 Exhibit SS - Excerpts from Wysocki Deposition)(Lee, Theresa) (Entered: 08/16/2023)

1 Exhibit P - Excerpts from Citizens Project Deposition

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2 Exhibit Q - Ex 18 to Citizens Project Deposition

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3 Exhibit R - Excerpts from LWVPPR Deposition

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4 Exhibit S - Ex 16 to LWVPPR Deposition

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5 Exhibit T - Hajnal Rebuttal Report

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6 Exhibit U - Appendices to Hajnal Report

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7 Exhibit V - Excerpts from BLLC Deposition

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8 Exhibit W - Ex 3 to Citizens Projet Deposition

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9 Exhibit X - Excerpts from CLV Deposition

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10 Exhibit Y - Ex 2 to BLLC Deposition

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11 Exhibit Z - Excerpts from Johnson Deposition

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12 Exhibit AA - Romero Report

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13 Exhibit BB - Excerpts from Mayberry Deposition

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14 Exhibit CC - Ex 14 to Mayberry Deposition

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15 Exhibit DD - Ex 68 to Koch Deposition

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16 Exhibit EE - Excerpts from Posey Deposition

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17 Exhibit FF - Ex 44 to Anzia Deposition

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18 Exhibit GG - Payson Report

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19 Exhibit HH - Attachment to Barber Report

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20 Exhibit II - Ex 13 to Anzia Deposition

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21 Exhibit JJ - Ex 14 to Anzia Deposition

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22 Exhibit KK - Ex 15 to Anzia Deposition

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23 Exhibit LL - Ex 16 to Anzia Deposition

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24 Exhibit MM - Excerpts from Anzia Deposition

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25 Exhibit NN - Ex 11 to Anzia Deposition

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26 Exhibit OO - Ex 14 to Barber Deposition

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27 Exhibit PP - Excerpts from Barber Deposition

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28 Exhibit QQ - Ex 29 to Anzia Deposition

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29 Exhibit RR - Romero Rebuttal Report

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30 Exhibit SS - Excerpts from Wysocki Deposition

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RECAP
63 Aug. 30, 2023

REPLY to Response to 60 MOTION for Summary Judgment filed by Defendants City of Colorado Springs, Sarah Ball Johnson. (Attachments: # 1 Exhibit TT - Excerpts from Deposition of Citizens Project 30(b)(6) Rep., # 2 Exhibit UU - Article - Exhibit 11 to Deposition of Zoltan Hajnal, Ph.D., # 3 Exhibit VV - Excerpts from Deposition of Tom Romero, Ph.D.)(Raile, Richard) (Entered: 08/30/2023)

1 Exhibit TT - Excerpts from Deposition of Citizens Project 30(b)(6) Rep.

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2 Exhibit UU - Article - Exhibit 11 to Deposition of Zoltan Hajnal, Ph.D.

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3 Exhibit VV - Excerpts from Deposition of Tom Romero, Ph.D.

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RECAP
64 Aug. 30, 2023

Joint MOTION to Amend/Correct/Modify 26 Scheduling Order Regarding Experts Zoltan Hajnal and Michael Barber by Defendants City of Colorado Springs, Sarah Ball Johnson. (Lewis, Patrick) (Entered: 08/30/2023)

RECAP
65 Aug. 31, 2023

MEMORANDUM regarding 64 Joint Motion to Amend/Correct/Modify 26 Scheduling Order. Motion 64 is referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Charlotte N. Sweeney on 8/31/2023. Text Only Entry (cnsja. ) (Entered: 08/31/2023)

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66 Aug. 31, 2023

MINUTE ORDER granting the 64 Joint Motion to Modify Scheduling Order Regarding Experts Zoltan Hajnal and Michael Barber. Discovery cutoff is extended to September 29, 2023, for the purpose of conducting a supplemental deposition of Dr. Barber. Additionally, Paragraph 9(d) of the 26 Scheduling Order is amended to permit the Hajnal Surrebuttal and Barber Reply to Surrebuttal. By Magistrate Judge Maritza Dominguez Braswell on 8/31/2023. Text Only Entry(mdblc1) (Entered: 08/31/2023)

RECAP
Aug. 31, 2023

Memorandum

Aug. 31, 2023

Order on Motion to Amend/Correct/Modify

67 Oct. 11, 2023

MINUTE ORDER: Due to a conflict on this Court's calendar, the Final Pretrial Conference set for 12/7/2023 is VACATED and RESET for 12/21/2023 at 9:00 a.m. in Courtroom A 702 before Judge Charlotte N. Sweeney. The parties' Proposed Final Pretrial Order is now due by 12/14/2023. By Judge Charlotte N. Sweeney on 10/11/2023. Text Only Entry (cnsja. ) (Entered: 10/11/2023)

RECAP
Oct. 11, 2023

Minute Order

68 Dec. 12, 2023

Unopposed MOTION for Leave to Appear Remotely at Final Pretrial Conference by Defendants City of Colorado Springs, Sarah Ball Johnson. (Lamphere, William) (Entered: 12/12/2023)

RECAP
69 Dec. 12, 2023

ORDER granting 68 Unopposed Motion for Leave to Appear Remotely at Final Pretrial Conference. Out-of-state counsel may appear remotely by Video Teleconference. The Court's staff will provide the connection information by email prior to the hearing. By Judge Charlotte N. Sweeney on 12/12/2023. Text Only Entry(cnsja.) (Entered: 12/12/2023)

RECAP
Dec. 12, 2023

Order on Motion for Leave to Appear

70 Dec. 14, 2023

Proposed Pretrial Order by Plaintiffs Black/Latino Leadership Coalition, Citizens Project, Colorado Latinos Vote, League of Women Voters of the Pikes Peak Region. (Attachments: # 1 Appendix A - Plaintiffs' Exhibit List, # 2 Appendix B - Defendants' Exhibit List)(Lee, Theresa) (Entered: 12/14/2023)

RECAP
71 Dec. 21, 2023

MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Final Pretrial Conference held on 12/21/2023. Seven-day Bench Trial set to commence 8/19/2024 at 8:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney with a Trial Preparation Conference on 8/2/2024 at 10:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. Court Reporter: Sarah Mitchell. (jdyne) (Entered: 12/21/2023)

Clearinghouse
72 Dec. 21, 2023

ORDER SETTING TRIAL: Seven-day Bench Trial is set to commence August 19, 2024, at 8:00 a.m. with a Trial Preparation Conference on August 2, 2024, at 10:00 a.m. by Judge Charlotte N. Sweeney on 12/21/23. (jdyne) (Entered: 12/21/2023)

RECAP
73 Dec. 21, 2023

FINAL PRETRIAL ORDER by Judge Charlotte N. Sweeney on 12/21/23. (jdyne) (Entered: 12/21/2023)

Clearinghouse
74 Dec. 21, 2023

ORDER re: 41 Notice filed by Black/Latino Leadership Coalition, League of Women Voters of the Pikes Peak Region, Citizens Project, Colorado Latinos Vote. Judicial approval of appearance of Student Attorney. By Judge Charlotte N. Sweeney on 12/21/23. (jdyne) (Entered: 12/21/2023)

RECAP
75 Jan. 8, 2024

TRANSCRIPT of Final Pretrial Conference held on December 21, 2023 before Judge Sweeney. Pages: 1-8. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 01/08/2024)

RECAP
76 Jan. 19, 2024

REASSIGNMENT OF JUDGE. This action is reassigned to Judge S. Kato Crews upon his appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Crews is located in Courtroom C201 in the Byron G. Rogers United States Courthouse and his chambers is in C-250. His telephone number is (303) 335-2117. All future pleadings should be designated as 22-cv-01365-SKC-MDB. (Text Only Entry) (schap, ) (Entered: 01/19/2024)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 1, 2022

Closing Date: July 29, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Citizens Project, a nonpartisan, non-profit organization founded to oppose Colorado's Amendment 2 that sought to prohibit laws protecting LGBTQ citizens for discrimination, Colorado Latinos Vote is a nonpartisan, non-profit organization that was founded in 2020 to encourage members of Colorado's Latino community to register and vote in Colorado, League of Women Voters, a Colorado Springs-based chapter of the League of Women Voters of the United States, founded in 1920 to improve our system of government and impact public policies, and the Black/Latino Leadership Coalition, a nonpartisan, non-profit organization formed in response to a lack of representation in civic decision making and access to information.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Colorado Springs

Office of the City Clerk of Colorado Springs

Sarah Ball Johnson

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Other Dockets:

District of Colorado 1:22-cv-01365

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation