Linda Lewis, et al v. Ruth Hughs
| Texas State Conference of the National Association for the Advancement of Colored People, Linda Jann Lewis, Ellen Sweets, Madison Lee, Benny Alexander, Texas Alliance for Retired Americans, George Morgan and Voto Latino |
| Ruth Hughs, Texas Secretary of State |
| 20-50654 |
| August 10, 2020 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
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| COURT ORDER - On September 4, 2020, we granted Appellees' opposed motion for summary affirmance, and denied Appellees' opposed motion to dismiss appeal as frivolous. Upon further review and consideration, IT IS ORDERED that the September 4, 2020, Order is hereby WITHDRAWN. IT IS FURTHER ORDERED that Appellees' opposed motion to dismiss appeal as frivolous is DENIED. IT IS FURTHER ORDERED that Appellees' opposed motion for summary affirmance is DENIED. Finally, the Clerk of Court is directed to place this matter for assignment to a panel in the regular allotment of docketed cases. rescinding order ruling on Motion for summary affirmance filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-2 ]; rescinding order ruling on Motion to dismiss appeal as frivolous filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-3 ]; denying Motion to dismiss appeal as frivolous filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-3 ]; denying Motion for summary affirmance filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-2 ] [20-50654] (MVM) [Entered: 10/02/2020 01:03 PM] |
| BRIEFING NOTICE REISSUED due to Other.A/Pet's Brief deadline updated to 11/12/2020 for Appellant Ruth Hughs [20-50654] (MVM) [Entered: 10/02/2020 01:08 PM] |
| REPLY filed by Appellant Ms. Ruth Hughs [9404873-1] to the Response/Opposition filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans in 20-50654 [ # 9399475-2 ]. Date of Service: 09/22/2020. [20-50654] (MVM) [Entered: 09/22/2020 09:00 AM] |
| COURT ORDER granting Motion for leave to file a reply filed by Appellant Ms. Ruth Hughs [ # 9403635-2 ] [20-50654] (MVM) [Entered: 09/22/2020 08:53 AM] |
| APPEARANCE FORM FILED by Attorney(s) Todd Lawrence Disher for party(s) Appellee Linda Jann Lewis, in case 20-50654 [20-50654] (MVM) [Entered: 09/21/2020 08:27 AM] |
| APPEARANCE FORM FILED by Attorney Patrick K. Sweeten for Appellant Ruth Hughs in 20-50654 [20-50654] (MVM) [Entered: 09/18/2020 01:05 PM] |
| OPPOSED MOTION filed by Appellant Ms. Ruth Hughs for leave to file a reply [9403635-2] to the Response/Opposition filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [ # 9399475-2 ]. Date of service: 09/18/2020 via email - Attorney for Appellees: Branch, Command, Elias, Hamilton, Howton, Kuhlmann, Schirack; Attorney for Appellants: Frederick, Hawkins, Sweeten, Thompson [20-50654] (Matthew Hamilton Frederick ) [Entered: 09/18/2020 09:23 PM] |
| APPEARANCE FORM received from Mr. Patrick K. Sweeten for Ms. Ruth Hughs for the court's review. Lead Counsel? No. [20-50654] (Patrick K. Sweeten ) [Entered: 09/17/2020 09:37 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (William Thomas Thompson ) [Entered: 09/17/2020 09:26 AM] |
| APPEARANCE FORM FILED by Attorney(s) Gillian Kuhlmann for party(s) Appellee Texas State Conference of the National Association for the Advancement of Colored People Appellee Ellen Sweets Appellee George Morgan Appellee Benny Alexander Appellee Texas Alliance for Retired Americans Appellee Linda Jann Lewis Appellee Madison Lee Appellee Voto Latino, in case 20-50654 [20-50654] (MVM) [Entered: 09/17/2020 01:43 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Gillian Kuhlmann ) [Entered: 09/17/2020 12:17 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Todd Lawrence Disher ) [Entered: 09/17/2020 02:46 PM] |
| APPEARANCE FORM FILED by Attorney(s) William Thomas Thompson for party(s) Appellant Ruth Hughs, in case 20-50654. [20-50654] (SEP) [Entered: 09/18/2020 03:07 PM] |
| RESPONSE/OPPOSITION filed by Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [9399475-1] to the Petition for rehearing en banc filed by Appellant Ms. Ruth Hughs [ # 9393953-2 ] Date of Service: 09/14/2020 via email - Attorney for Appellees: Branch, Command, Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Hawkins, Sweeten. [20-50654] (Skyler Howton ) [Entered: 09/14/2020 11:56 PM] |
| COURT ORDER denying Motion for expedited ruling on petition for rehearing en banc filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9394776-2 ] [20-50654] (MVM) [Entered: 09/11/2020 11:06 AM] |
| APPEARANCE FORM FILED by Attorney(s) Kyle Douglas Hawkins for party(s) Appellant Ruth Hughs, in case 20-50654 [20-50654] (MVM) [Entered: 09/11/2020 11:02 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Kyle Douglas Hawkins ) [Entered: 09/10/2020 08:09 AM] |
| PETITION for rehearing en banc [9393953-2] Number of Copies:0. Sufficient Rehearing due on 09/18/2020 for Appellant Ruth Hughs. Document is insufficient for the following reasons: the caption is incorrect; the petition is out of order; the petition is missing a Statement of the facts; the order to be reviewed should be attached to the petition [20-50654] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellant Ms. Ruth Hughs for rehearing en banc [9393953-2]. Date of Service: 09/08/2020 via email - Attorney for Appellees: Branch, Command, Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten [20-50654] (Matthew Hamilton Frederick ) [Entered: 09/08/2020 07:57 AM] |
| COURT DIRECTIVE ISSUED requesting a response to the Petition for rehearing en banc filed by Appellant Ms. Ruth Hughs in 20-50654 [ # 9393953-2 ] Response/Opposition due on 09/18/2020. [20-50654] (LLL) [Entered: 09/08/2020 03:05 PM] |
| REHEARING MADE SUFFICIENT filed by Appellant Ms. Ruth Hughs in 20-50654 [ # 9393953-2 ]. Sufficient Rehearing due deadline satisfied [20-50654] (LLL) [Entered: 09/08/2020 02:22 PM] |
| OPPOSED MOTION filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People for expedited ruling on [9394776-2]. Date of service: 09/08/2020 via email - Attorney for Appellees: Branch, Command, Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten [20-50654] (Skyler Howton ) [Entered: 09/08/2020 03:28 PM] |
| COURT ORDER denying Motion to dismiss appeal as frivolous filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-3 ]; granting Motion for summary affirmance filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans [ # 9386434-2 ]. Mandate issue date is 09/28/2020. [20-50654] (MVM) [Entered: 09/04/2020 02:43 PM] |
| APPEARANCE FORM FILED by Attorney(s) Aria Branch for party(s) Appellee Texas State Conference of the National Association for the Advancement of Colored People Appellee Ellen Sweets Appellee George Morgan Appellee Benny Alexander Appellee Texas Alliance for Retired Americans Appellee Linda Jann Lewis Appellee Madison Lee Appellee Voto Latino, in case 20-50654 [20-50654] (MVM) [Entered: 09/02/2020 02:36 PM] |
| EXHIBITS IN SUPPORT of Reply to Resp.Opp [ # 9391448-2 ] filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People Date of Service: 09/02/2020 [20-50654] (MVM) [Entered: 09/02/2020 01:16 PM] |
| APPEARANCE FORM FILED by Attorney(s) Stephanie Command for party(s) Appellee Texas State Conference of the National Association for the Advancement of Colored People Appellee Ellen Sweets Appellee George Morgan Appellee Benny Alexander Appellee Texas Alliance for Retired Americans Appellee Linda Jann Lewis Appellee Madison Lee Appellee Voto Latino, in case 20-50654 [20-50654] (MVM) [Entered: 09/02/2020 01:01 PM] |
| REPLY filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [9391448-1] to the Motion filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [ # 9386434-2 ], to the Motion filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [ # 9386434-3 ]. Date of Service: 09/02/2020 via email - Attorney for Appellees: Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten. [20-50654] (Skyler Howton ) [Entered: 09/02/2020 12:18 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Stephanie Command ) [Entered: 08/31/2020 05:11 PM] |
| RESPONSE/OPPOSITION filed by Ms. Ruth Hughs [9388686-1] to the Motion filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [ # 9386434-2 ], Motion filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People [ # 9386434-3 ] Date of Service: 08/31/2020 via email - Attorney for Appellees: Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten. [20-50654] (Matthew Hamilton Frederick ) [Entered: 08/31/2020 08:15 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Aria Branch ) [Entered: 08/31/2020 05:13 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 10/06/2020 for Appellant Ruth Hughs. [20-50654] (CMB) [Entered: 08/27/2020 10:29 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [20-50654] (CMB) [Entered: 08/27/2020 10:26 AM] |
| OPPOSED EMERGENCY MOTION for summary affirmance [9386434-2] Foreclosed Issues Case: NO, alternatively, to dismiss appeal as frivolous [9386434-3]. Date of service: 08/26/2020 [20-50654] Ruling Requested by: 9/4/2020 REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People for summary affirmance [9386434-2] Foreclosed Issues Case: NO, to dismiss appeal as frivolous [9386434-3]. Date of service: 08/26/2020 via email - Attorney for Appellees: Elias, Hamilton, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten [20-50654] (Skyler Howton ) [Entered: 08/26/2020 02:01 PM] |
| EXHIBITS IN SUPPORT of Motion for summary affirmance [ # 9386434-2 ], Motion to dismiss appeal as frivolous [ # 9386434-3 ] filed by Appellees Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People Date of Service: 08/26/2020 [20-50654] (MVM) [Entered: 08/26/2020 02:45 PM] |
| COURT DIRECTIVE ISSUED requesting a response to the Motion for summary affirmance filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans in 20-50654 [ # 9386434-2 ], Motion to dismiss appeal as frivolous filed by Appellees Ms. Linda Jann Lewis, Mr. Madison Lee, Ms. Ellen Sweets, Mr. Benny Alexander, Mr. George Morgan, Mr. Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People and Texas Alliance for Retired Americans in 20-50654 [ # 9386434-3 ] Response/Opposition due on 08/31/2020. [20-50654] (MVM) [Entered: 08/26/2020 04:08 PM] |
| APPEARANCE FORM FILED by Attorney(s) Kevin J. Hamilton for party(s) Appellee Texas State Conference of the National Association for the Advancement of Colored People Appellee Ellen Sweets Appellee George Morgan Appellee Benny Alexander Appellee Texas Alliance for Retired Americans Appellee Linda Jann Lewis Appellee Madison Lee Appellee Voto Latino, in case 20-50654 [20-50654] (MVM) [Entered: 08/26/2020 09:46 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50654] (Kevin J. Hamilton ) [Entered: 08/25/2020 11:57 AM] |
| APPEARANCE FORM FILED by Attorney(s) Matthew Hamilton Frederick for party(s) Appellant Ruth Hughs, in case 20-50654 [20-50654] (CAS) [Entered: 08/20/2020 02:49 PM] |
| APPEARANCE FORM FILED by Attorney(s) Sarah Schirack for party(s) Appellee Texas State Conference of the National Association for the Advancement of Colored People Appellee Ellen Sweets Appellee George Morgan Appellee Benny Alexander Appellee Texas Alliance for Retired Americans Appellee Linda Jann Lewis Appellee Madison Lee Appellee Voto Latino, in case 20-50654 [20-50654] (MVM) [Entered: 08/20/2020 02:51 PM] |
| APPEARANCE FORM FILED by Attorney Marc Erik Elias for Appellee Texas Alliance for Retired Americans in 20-50654, Attorney Marc Erik Elias for Appellee Texas State Conference of the National Association for the Advancement of Colored People in 20-50654, Attorney Marc Erik Elias for Appellee Voto Latino in 20-50654, Attorney Marc Erik Elias for Appellee George Morgan in 20-50654, Attorney Marc Erik Elias for Appellee Benny Alexander in 20-50654, Attorney Marc Erik Elias for Appellee Ellen Sweets in 20-50654, Attorney Marc Erik Elias for Appellee Madison Lee in 20-50654, Attorney Marc Erik Elias for Appellee Linda Jann Lewis in 20-50654 [20-50654] (MVM) [Entered: 08/20/2020 02:54 PM] |
| TRANSCRIPT ORDER received advising transcript unnecessary for appeal purposes - No hearings. [20-50654] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Ms. Ruth Hughs advising transcript unnecessary for appeal purposes. Date of Service: 08/20/2020 via email - Attorney for Appellees: Elias, Howton, Schirack; Attorney for Appellants: Frederick, Sweeten [20-50654] (Matthew Hamilton Frederick ) [Entered: 08/20/2020 05:02 PM] |
| APPEARANCE FORM FILED by Attorney Skyler Howton for Appellee Texas Alliance for Retired Americans in 20-50654, Attorney Skyler Howton for Appellee Texas State Conference of the National Association for the Advancement of Colored People in 20-50654, Attorney Skyler Howton for Appellee Voto Latino in 20-50654, Attorney Skyler Howton for Appellee George Morgan in 20-50654, Attorney Skyler Howton for Appellee Benny Alexander in 20-50654, Attorney Skyler Howton for Appellee Ellen Sweets in 20-50654, Attorney Skyler Howton for Appellee Madison Lee in 20-50654, Attorney Skyler Howton for Appellee Linda Jann Lewis in 20-50654 [20-50654] (CAS) [Entered: 08/20/2020 04:37 PM] |
| APPEARANCE FORM received from Mr. Marc Erik Elias for Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People for the court's review. Lead Counsel? No. [20-50654] (Marc Erik Elias ) [Entered: 08/19/2020 08:22 AM] |
| APPEARANCE FORM received from Ms. Skyler Howton for Mr. Benny Alexander, Mr. Voto Latino, Mr. Madison Lee, Ms. Linda Jann Lewis, Mr. George Morgan, Ms. Ellen Sweets, Texas Alliance for Retired Americans and Texas State Conference of the National Association for the Advancement of Colored People for the court's review. Lead Counsel? No. [20-50654] (Skyler Howton ) [Entered: 08/19/2020 10:05 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50654] (Matthew Hamilton Frederick ) [Entered: 08/19/2020 11:22 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50654] (Sarah Schirack ) [Entered: 08/18/2020 06:11 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9378968-2] Initial AA Check Due satisfied. [20-50654] (MVM) [Entered: 08/17/2020 11:40 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:20-CV-577. Electronic ROA due on 09/01/2020. [20-50654] (MVM) [Entered: 08/17/2020 11:43 AM] |
| FEE PAID by Appellant Ms. Ruth Hughs. [20-50654] (MVM) [Entered: 08/12/2020 10:21 AM] |
| CIVIL RIGHTS CASE docketed. NOA filed by Appellant Ms. Ruth Hughs [20-50654] (RAJ) [Entered: 08/10/2020 01:46 PM] |
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