Case: 12-2145

Document: 00116445887

Page: 1

Date Filed: 10/18/2012

Entry ID: 5683867

United States Court of Appeals

For the First Circuit
____________________________ No. 12-2145 MYRNA COLON-MARRERO Plaintiff - Appellant v. HECTOR J. CONTY-PEREZ, as President of the Puerto Rico State Elections Commission; EDWIN MUNDO-RIOS, as Electoral Commissioner of the New Progressive Party (NPP); EDER E. ORTIZ-ORTIZ, as Electoral Commissioner of the Popular Democratic Party (PDP); ROBERTO I. APONTE-BERRIOS, as Electoral Commissioner of the Puerto Rico Independence Party (PIP); JULIO FONTANET-MALDONADO, as Electoral Commissioner of the Movimiento Union Soberanista (MUS); ADRIAN DIAZ-DIAZ, as Electoral Commissioner of the Puertorriquenos por Puerto Rico (PPR); CARLOS QUIROS-MENDEZ, as Electoral Commissioner of the Partido del Pueblo Trabajador (PPT) Defendants - Appellees ____________________________ Before Torreulla, Lipez, and Howard, Circuit Judges. ____________________________ ORDER OF COURT Entered: October 18, 2012 In response to our Order of October 11, 2012, the district court held an evidentiary hearing on October 15-16, 2012 to address the feasibility of permitting the voters who have been deactivated for failure to vote in the 2008 elections to vote in the general election on November 6, 2012. We received the district court's findings in a timely fashion. We acknowledge with gratitude the district court's careful assessment of the evidence presented and its detailed findings of fact. A majority of the panel has concluded that serious feasibility issues preclude the entry of the relief sought by plaintiff-appellant. Hence, the decision of the district court denying the request for a preliminary injunction is affirmed.

Case: 12-2145

Document: 00116445887

Page: 2

Date Filed: 10/18/2012

Entry ID: 5683867

Judge Torruella dissents from this ruling because he understands that the law of the case doctrine, and the findings of fact made by the court, which are supported by the record, require the issuance of the preliminary injunction. Opinions explaining the positions of the majority and the dissent will issue in due course.

By the Court: /s/ Margaret Carter, Clerk

cc:

Carlos A. Del Valle Cruz Rafael E. Garcia-Rodon Carlos M. Hernandez-Lopez Juan Saavedra Castro Jose L. Nieto-Mingo Seth A. Erbe David C. Indiano-Vicic Jorge Martinez-Luciano Pedro E. Ortiz-Alvarez Emil J. Rodriguez-Escudero Nelson N. Cordova-Morales Francisco J. Gonzalez-Magaz Sasha Samberg-Champion Jessica D. Silver