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DIFFENDERFER v. GOMEZ-COLON

Nos. 08-2139, 09-1742, 09-1743.

587 F.3d 445 (2009)

Sylvia DIFFENDERFER, on behalf of herself and as a representative of the class herein defined; Robert McCarroll, on behalf of himself and as a representative of the class herein defined, Plaintiffs, Appellees/Cross-Appellants, v. Ramon E. GOMEZ-COLON, President of the State Electoral Commission of Puerto Rico; Walter Velez-Rodriguez, Secretary of the State Electoral Commission of the Commonwealth of Puerto Rico, Defendants, Appellants, Gerardo Cruz-Maldonado, Electoral Commissioner of Popular Democratic Party; Juan Dalmau-Rodriguez, Electoral Commissioner of the Puerto Rican Independence Party; Nelson Rosario-Rodriguez, Electoral Commissioner of the Puerto Ricans for Puerto Rico Party; Edwin Mundo-Rios, Electoral Commissioner of the New Progressive Party; John Doe, Defendants.

United States Court of Appeals, First Circuit.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Noel S. González-Miranda with whom González Miranda & González Abella PSC was on brief for appellants.

Eliezer Aldarondo Ortiz with whom Eliezer A. Aldarondo and Aldarondo & López Bras were on brief for appellees-cross-appellants.

Before LYNCH, Chief Judge, TORRUELLA and RIPPLE, Circuit Judges.

LYNCH, Chief Judge.

Two issues are presented in the aftermath of a prior appeal in a civil rights case that has become moot due to legislative action. The first is whether the underlying injunctive order the plaintiffs obtained in the district court should be vacated on remand, given the reason for mootness of the appeal. The second is whether plaintiffs would, under these circumstances, remain entitled to the award of attorney's fees in the now moot case and, if...

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