Case: Shelby County v. Holder

1:10-cv-00651 | U.S. District Court for the District of Columbia

Filed Date: April 27, 2010

Case Ongoing

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Case Summary

On April 27, 2010, Shelby County, Alabama, filed this lawsuit in the District Court of the District of Columbia, challenging the Voting Rights Act's preclearance provision, Section 5. The county sought declaratory and injunctive relief, arguing that the Voting Rights Act was unconstitutional in declaring Shelby County a "covered" jurisdiction and requiring that it obtain approval from the Department of Justice prior to implementing any voting changes. Following a decision in September of 2010 …

On April 27, 2010, Shelby County, Alabama, filed this lawsuit in the District Court of the District of Columbia, challenging the Voting Rights Act's preclearance provision, Section 5. The county sought declaratory and injunctive relief, arguing that the Voting Rights Act was unconstitutional in declaring Shelby County a "covered" jurisdiction and requiring that it obtain approval from the Department of Justice prior to implementing any voting changes.

Following a decision in September of 2010 that the United States could not conduct additional discovery regarding issues of standing and Section 4(a)'s bailout provision, 270 F.R.D. 16 (D.D.C. 2010), the District Court (Judge Bates) granted the Justice Department's motion for summary judgment and granted Shelby County's motion for summary judgement on September 21, 2011. 811 F.Supp.2d 242. The main issue was whether the Act's preclearance requirement constituted a "congruent and proportional" response to a real threat that states would violate minority voting rights. Judge Bates found the Act was indeed a"congruent and proportional remedy" to the 21st century problem of voting discrimination in covered jurisdictions.

On appeal, the D.C. Circuit Court of Appeals likewise held that the preclearance provisions of the Voting Rights Act fell within Congress' authority under the Fifteenth Amendment and that the disparate effect on different jurisdictions was sufficiently related to the targeted problem of voting discrimination to survive judicial review. 679 F.3d 848.

The Supreme Court granted certiorari, 133 S.Ct. 594, and on June 25, 2013, reversed. In a 5-4 opinion written by Chief Justice Roberts, the Court struck down Section 4 of the Voting Rights Act. It found that Section 4's formula, under which states and other jurisdictions needed preclearance, was unconstitutional. Shelby County v. Holder, 570 U.S. 529 (2013). The Court held that Section 4, while appropriate at the time it was passed, no longer provided an accurate list of jurisdictions that discriminated against minority voters. The formula at the time of the Act's passage, named as "covered" jurisdictions those states or political subdivisions that had maintained a test or device (like literacy and knowledge tests, good moral character requirements, etc.) as a prerequisite to voting as of November 1, 1964, and had less than 50 percent voter registration or turnout in the 1964 Presidential election. Subsequently, the trigger election was changed to 1972. The Court concluded Section 4 impermissibly violated the "equal sovereignty" of the states. The Court did not express its views on the constitutionality of Section 5, under a different coverage formula. Justice Ginsburg dissented (joined by three others), and Justice Thomas concurred to express his view that Section 5 was unconstitutional.

Without a coverage formula, the Act's preclearance regime is not operative. It remains technically possible for the Congress to pass a new coverage formula.

Summary Authors

Jonathan Forman (6/25/2013)

Related Cases

Texas v. United States, District of Columbia (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4497847/parties/shelby-county-alabama-v-holder/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adebonojo, Kenneth A. (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Baldwin, Anna M. (District of Columbia)

Expert/Monitor/Master/Other

Abudu, Nancy G. (Georgia)

Adegbile, Debo Patrick (New York)

Judge(s)

Bates, John D. (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Thomas, Clarence (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorney for Defendant

Adebonojo, Kenneth A. (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Baldwin, Anna M. (District of Columbia)

Beckenhauer, Eric B. (District of Columbia)

Berkower, Risa (District of Columbia)

Berman, Marcia (District of Columbia)

Berman, Julia A. (District of Columbia)

Berry, Bradford Mann (District of Columbia)

Berry, Britney (District of Columbia)

Borson, Joseph Evan (District of Columbia)

Borum, Marian L. (District of Columbia)

Bosshardt, Stacey (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Burch, Alan R. (District of Columbia)

Campbell, Rhonda Lisa (District of Columbia)

Cartier, Nicholas P. (District of Columbia)

Clark, Denise M. (District of Columbia)

Cohen, Jason Todd (District of Columbia)

Colangelo, Matthew (District of Columbia)

Coleman, John R. (District of Columbia)

Crane-Hirsch, Daniel Kadane (District of Columbia)

Dearinger, Bryan Scott (District of Columbia)

Dellheim, Richard A. (District of Columbia)

Diederich, Bryan Russell (District of Columbia)

Dworkowitz, Gregory Peter (District of Columbia)

Edney, Marsha Stelson (District of Columbia)

Enzinna, Paul F. (District of Columbia)

Fabian, Sarah B. (District of Columbia)

FARBY, LESLEY (District of Columbia)

Fisher, Spencer R. (District of Columbia)

Fishman, Dillon Ariel (District of Columbia)

Flynn, Diana K. (District of Columbia)

Francis, Tricia Dianne (District of Columbia)

Freeman, Daniel J. (District of Columbia)

Gear, Bruce I. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Gilligan, James J. (District of Columbia)

GIVHAN, ANNETTA FOSTER (District of Columbia)

Goldsmith, Aaron S. (District of Columbia)

Gomez, Abel (District of Columbia)

Graham-Oliver, Heather D. (District of Columbia)

Gray, Kathryne Marie (District of Columbia)

GUERRINI, DOMINIC C. (District of Columbia)

Guzman, Javier M. (District of Columbia)

Hammond, Derek S. (District of Columbia)

Haque, Sobia (District of Columbia)

Harrington, Sarah E. (District of Columbia)

Hartnett, Kathleen Roberta (District of Columbia)

Heard, Bradley E. (District of Columbia)

Heffernan, Brian F. (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Hudak, Brian P. (District of Columbia)

Humphreys, Bradley P. (District of Columbia)

Interrante, John G. (District of Columbia)

Johnson, Timothy Andrew (District of Columbia)

Jones, Luke Matthew (District of Columbia)

Kaiser, Sophie (District of Columbia)

Kell, Gerald Cooper (District of Columbia)

Kidwell, Judith A. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

KLINE, THOMAS R. (District of Columbia)

Kolsky, Joshua M. (District of Columbia)

Korgaonkar, Natasha (District of Columbia)

Lee, Jennifer Joy (District of Columbia)

Lo, Michelle (District of Columbia)

Lyons, Jane M. (District of Columbia)

Maier, Peter Rolf (District of Columbia)

Maranzano, Jennifer Lynn (District of Columbia)

McDaniel, Oliver W. (District of Columbia)

McDonald, Laughlin (Georgia)

McFarland, Ernest Alan (District of Columbia)

McLeod, Michelle Andrea (District of Columbia)

Mead, Joseph Wilfred (District of Columbia)

Meza, Catherine (District of Columbia)

Michel, Olimpia E. (District of Columbia)

Momeni, Mercedeh (District of Columbia)

Nebeker, William Mark (District of Columbia)

Nobile, Thornton Russell (District of Columbia)

Nobile, T. Russell (District of Columbia)

Olson, Lisa Ann (District of Columbia)

Patton, Rodney (District of Columbia)

Perez, Thomas E. (District of Columbia)

Peterson, Benton Gregory (District of Columbia)

Pfaffenroth, Peter C. (District of Columbia)

Popper, Robert D. (District of Columbia)

Posner, Michael Benjamin (District of Columbia)

RIESS, DANIEL (District of Columbia)

Russ, John Albert (District of Columbia)

Russell, Beverly Maria (District of Columbia)

Rybicki, David Cotter (District of Columbia)

Sanford, David W. (District of Columbia)

Schaefer, Daniel Patrick (District of Columbia)

Schwartz, James J. (District of Columbia)

Schwei, Daniel Stephen (District of Columbia)

Sells, Bryan L. (District of Columbia)

Shapiro, Avner Michael (District of Columbia)

Shore, Elise S. (District of Columbia)

Sitton, Janie Allison (District of Columbia)

Slade, Jared Michael (District of Columbia)

SMITH, ROYCE W. (District of Columbia)

Smith-Evans, Leticia Victoria (District of Columbia)

Spitzer, Arthur (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Stratton, Mary Elizabeth (District of Columbia)

Swinton, Nathan Michael (District of Columbia)

Taaffe, Damon William (District of Columbia)

Tepe, Sean Michael (District of Columbia)

Theis, John Kenneth (District of Columbia)

Thorp, Galen Nicholas (District of Columbia)

Truong, John Cuong (District of Columbia)

Tyler, John Russell (District of Columbia)

VASSALLO, KRISTIN LYNN (District of Columbia)

Velandy, Erin Marie (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Walker, Johnny Hillary (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Weinstein-Tull, Justin S. (District of Columbia)

Westfall, Elizabeth Stewart (District of Columbia)

Whitman, James R. (District of Columbia)

WISS, RAYMOND ROBERT (District of Columbia)

Womack, Eric R. (District of Columbia)

Wright, Steven Howard (District of Columbia)

Wyer, Kathryn L. (District of Columbia)

Zeff, Mitchell P. (District of Columbia)

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Documents in the Clearinghouse

Document

1:10-cv-00651

Docket

July 12, 2012

July 12, 2012

Docket
2

1:10-cv-00651

Notice of Designation of Related Civil Cases Pending In This or Any Other United States Court

Shelby County v Holder

April 27, 2010

April 27, 2010

Other
1

1:10-cv-00651

Complaint for Declaratory and Injunctive Relief

April 27, 2010

April 27, 2010

Complaint
5-1

1:10-cv-00651

Plaintiff's Proposed Order [Granting Summary Judgment]

Shelby County v Holder

June 8, 2010

June 8, 2010

Other
5

1:10-cv-00651

Plaintiff's Motion for Summary Judgment

Shelby County v Holder

June 8, 2010

June 8, 2010

Pleading / Motion / Brief
5-4

1:10-cv-00651

Exhibit B ISO Plaintiff's Motion for Summary Judgment

Shelby County v Holder

June 8, 2010

June 8, 2010

Other
5-3

1:10-cv-00651

Exhibit A ISO Plaintiff's Motion for Summary Judgment

Shelby County v Holder

June 8, 2010

June 8, 2010

Other
5-2

1:10-cv-00651

Declaration of Frank C. Ellis, Jr. ISO Motion for Summary Judgment

Shelby County v Holder

June 8, 2010

June 8, 2010

Declaration/Affidavit
6

1:10-cv-00651

Motion of Earl Cunningham, Harry Jones, Albert Jones, Ernest Montgomery, Anthony Vines, and William Walker to Intervene as Defendants

Shelby County v Holder

June 11, 2010

June 11, 2010

Pleading / Motion / Brief
6-3

1:10-cv-00651

Proposed Order Granting Intervenors' Motion to Intervene as Defendants

Shelby County v Holder

June 11, 2010

June 11, 2010

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4497847/shelby-county-alabama-v-holder/

Last updated March 12, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ERIC H. HOLDER, JR ( Filing fee $ 350, receipt number 4616029261) filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 04/27/2010)

1 Civil Cover Sheet

View on PACER

April 27, 2010

April 27, 2010

Clearinghouse

SUMMONS (2) Issued as to U.S. Attorney, and U.S. Attorney General (dr) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

SUMMONS (2) Issued as to U.S. Attorney, and U.S. Attorney General (dr)

April 27, 2010

April 27, 2010

PACER
2

NOTICE OF RELATED CASE by SHELBY COUNTY, ALABAMA. Case related to Case No. 10-561. (dr) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

Clearinghouse
3

NOTICE of Appearance by Brendan J. Morrissey on behalf of SHELBY COUNTY, ALABAMA (Morrissey, Brendan) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
4

NOTICE of Appearance by Thomas R. McCarthy on behalf of SHELBY COUNTY, ALABAMA (McCarthy, Thomas) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
5

MOTION for Summary Judgment by SHELBY COUNTY, ALABAMA (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Declaration of Frank C. Ellis, Jr., # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B)(Consovoy, William) (Entered: 06/08/2010)

1 Text of Proposed Order Proposed Order

View on Clearinghouse

2 Declaration Declaration of Frank C. Ellis, Jr.

View on Clearinghouse

3 Exhibit Exhibit A

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4 Exhibit Exhibit B

View on Clearinghouse

June 8, 2010

June 8, 2010

Clearinghouse
6

MOTION to Intervene by EARL CUNNINGHAM, HARRY JONES, ALBERT JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Attachments: # 1 Memorandum in Support, # 2 Proposed Responsive Pleading, # 3 Text of Proposed Order)(znmw, ) (Entered: 06/14/2010)

1 Memorandum in Support

View on Clearinghouse

2 Proposed Responsive Pleading

View on Clearinghouse

3 Text of Proposed Order

View on Clearinghouse

June 11, 2010

June 11, 2010

Clearinghouse
7

Memorandum in opposition to re 5 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Declaration of Richard Dellheim, # 2 Exhibit December 1, 2006 Order, # 3 Exhibit March 16, 2007 Order, # 4 Text of Proposed Order)(Dellheim, Richard) (Entered: 06/22/2010)

1 Exhibit Declaration of Richard Dellheim

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2 Exhibit December 1, 2006 Order

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3 Exhibit March 16, 2007 Order

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4 Text of Proposed Order

View on Clearinghouse

June 22, 2010

June 22, 2010

Clearinghouse
8

NOTICE of Appearance by Arthur B. Spitzer on behalf of BOBBY PIERSON, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, KENNETH DUKES, ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC. (znmw, ) Modified spelling on 7/2/2010 (znmw, ). (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
9

MOTION to Intervene as Defendants by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Attachments: # 1 Memorandum in Support, # 2 Proposed Responsive Pleading, # 3 Text of Proposed Order)(znmw, ) Modified spelling on 7/2/2010 (znmw, ). (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
10

NOTICE of filing of Certificate of Service by ERIC H. HOLDER, JR re 7 Memorandum in Opposition, (Dellheim, Richard) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
11

RESPONSE re 9 MOTION to Intervene, 6 MOTION to Intervene filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Unpublished Orders)(Dellheim, Richard) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

PACER
12

Memorandum in opposition to re 9 MOTION to Intervene, 6 MOTION to Intervene filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
13

ANSWER to 1 Complaint by ERIC H. HOLDER, JR.(Dellheim, Richard) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

Clearinghouse
14

REPLY to opposition to motion re 5 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order)(Consovoy, William) (Entered: 07/01/2010)

1 Text of Proposed Order

View on PACER

July 1, 2010

July 1, 2010

Clearinghouse
18

MOTION to Intervene as a Defendant by BOBBY LEE HARRIS (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(dr) (Entered: 07/06/2010)

July 1, 2010

July 1, 2010

PACER
19

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by BOBBY LEE HARRIS (dr) (Main Document 19 replaced on 7/6/2010) (dr). (Entered: 07/06/2010)

July 1, 2010

July 1, 2010

PACER
15

APPLICANTS FOR INTERVENTION'S PROPOSED ANSWER to 1 Complaint by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON.(Spitzer, Arthur) Modified spelling on 7/2/2010 (znmw, ). (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

Clearinghouse
16

REPLY to opposition to motion re 9 MOTION to Intervene filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON. (Spitzer, Arthur) Modified spelling on 7/2/2010 (znmw, ). (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
17

REPLY to opposition to motion re 6 MOTION to Intervene filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (Clarke, Kristen) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
20

Memorandum in opposition to re 18 MOTION to Intervene filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order)(Consovoy, William) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER
21

RESPONSE re 18 MOTION to Intervene filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Unpublished orders)(Dellheim, Richard) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER
22

NOTICE of Appearance by Meredith E.B. Bell-Platts on behalf of ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Bell-Platts, Meredith) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
23

REPLY to opposition to motion re 18 MOTION to Intervene filed by BOBBY LEE HARRIS. (znmw, ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
24

NOTICE of Appearance by Kristen M. Clarke on behalf of EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Clarke, Kristen) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
25

ENTERED IN ERROR..... APPLICANTS FOR INTERVENTION'S ANSWER to 1 Complaint by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER.(Clarke, Kristen) Modified on 7/28/2010 (dr). (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 25 Answer to Complaint was entered in error because filing was done prematurely. The Motion to Intervene has not been ruled on yet. (dr)

July 28, 2010

July 28, 2010

PACER
26

Applicants for Intervention's [PROPOSED] ANSWER to 1 Complaint by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER.(Clarke, Kristen) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

Clearinghouse
27

NOTICE of Appearance by Justin S. Weinstein-Tull on behalf of ERIC H. HOLDER, JR (Weinstein-Tull, Justin) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
28

NOTICE of Appearance by Ernest Alan McFarland on behalf of ERIC H. HOLDER, JR (McFarland, Ernest) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
29

ORDER granting 6, 9, 18 the pending motions to intervene. See text of Order for details. Signed by Judge John D. Bates on 8/25/2010. (lcjdb1) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

Clearinghouse
30

RESPONSE re 1 Complaint filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (dr) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

Clearinghouse
31

RESPONSE re 1 Complaint filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON. (dr) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

Clearinghouse
32

ANSWER to 1 Complaint by BOBBY LEE HARRIS.(dr) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

Clearinghouse

MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED that the Court will hold a status conference in this action on September 10, 2010, at 2:00 p.m. in Courtroom 8. Signed by Judge John D. Bates on 9/1/2010. (lcjdb1)

Sept. 1, 2010

Sept. 1, 2010

PACER
33

RESPONSE TO ORDER OF THE COURT re 29 Order on Motion to Intervene,,, Set/Reset Deadlines, Order, Set Hearings,, filed by ERIC H. HOLDER, JR. (McFarland, Ernest) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
34

RESPONSE TO ORDER OF THE COURT re 29 Order on Motion to Intervene,,, Set/Reset Deadlines filed by ERIC H. HOLDER, JR. (McFarland, Ernest) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
35

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laughlin McDonald, :Firm- American Civil Liberties Union Foundation, Inc., :Address- 230 Peachtree Street NW, Suite 1440, Atlanta, Georgia 30303. Phone No. - 4045232721. Fax No. - 4046530331 by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Bell-Platts, Meredith) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
36

Memorandum in opposition to re 5 MOTION for Summary Judgment filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., EARL CUNNINGHAM, KENNETH DUKES, WILLIE GOLDSMITH, SR, BOBBY LEE HARRIS, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, MARY PAXTON-LEE, BOBBY PIERSON, ANTHONY VINES, WILLIAM WALKER. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Clarke, Kristen) (Entered: 09/08/2010)

1 Declaration

View on Clearinghouse

2 Text of Proposed Order

View on Clearinghouse

Sept. 8, 2010

Sept. 8, 2010

Clearinghouse
37

NOTICE of Appearance by Jared Michael Slade on behalf of ERIC H. HOLDER, JR (Slade, Jared) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
38

NOTICE of Appearance by John Payton on behalf of EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Payton, John) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
39

MOTION for Leave to Appear Pro Hac Vice DEBO P. ADEGBILE, RYAN P. HAYGOOD, and DALE E. HO as Counsel for Defendant Intervenors by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Attachments: # 1 Declaration of Debo P. Adegbile, # 2 Declaration of Ryan P. Haygood, # 3 Declaration of Dale E. Ho, # 4 Text of Proposed Order)(Payton, John) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
40

REPLY to opposition to motion re 5 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order)(Consovoy, William) (Entered: 09/10/2010)

1 Text of Proposed Order

View on Clearinghouse

Sept. 10, 2010

Sept. 10, 2010

Clearinghouse

MINUTE ORDER: Upon consideration of 35, 39 the motions for leave for Laughlin McDonald, Debo P. Adegbile, Ryan P. Haygood, and Dale E. Ho to appear pro hac vice, and the entire record herein, it is hereby ORDERED that the motions are GRANTED. Signed by Judge John D. Bates on 9/10/2010. (lcjdb1)

Sept. 10, 2010

Sept. 10, 2010

PACER

Minute Entry: Status Conference held on 9/10/2010 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb, )

Sept. 10, 2010

Sept. 10, 2010

PACER
41

MEMORANDUM OPINION & ORDER denying 7 defendant and 36 defendant-intervenors' request for discovery. See text of Memorandum Opinion & Order for details. Signed by Judge John D. Bates on 9/16/2010. (lcjdb1) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

Clearinghouse
42

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nancy Abudu, :Firm- American Civil Liberties Union Foundation, Inc., :Address- 230 Peachtree Street NW, Suite 1440, Atlanta, Georgia 30303. Phone No. - 4045232721. Fax No. - 4046530331 by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Bell-Platts, Meredith) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
43

Amended MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nancy Abudu, :Firm- American Civil Liberties Union Foundation, Inc., :Address- 230 Peachtree Street NW, Suite 1440, Atlanta, Georgia 30303. Phone No. - 4045232721. Fax No. - 4046530331 by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Bell-Platts, Meredith) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER

MINUTE ORDER: Upon consideration of 43 defendant-intervenors' motion for leave for Nancy Abudu to appear pro hac vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Signed by Judge John D. Bates on 9/17/2010. (lcjdb1)

Sept. 17, 2010

Sept. 17, 2010

PACER
44

MOTION to Withdraw as Attorney by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Attachments: # 1 Text of Proposed Order)(Bell-Platts, Meredith) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER

MINUTE ORDER: Upon consideration of 44 Meredith Bell-Platts's motion to withdraw as attorney for the Pierson defendant-intervenors, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the appearance of Meredith Bell-Platts as attorney for the Pierson defendant-intervenors in this case is hereby withdrawn. SO ORDERED. Signed by Judge John D. Bates on 10/19/10. (lcjdb1)

Oct. 19, 2010

Oct. 19, 2010

PACER
45

TRANSCRIPT OF PROCEEDINGS before Judge John D. Bates held on 9/10/10; Page Numbers: 1 - 75. Date of Issuance:10/27/10. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 11/17/2010. Redacted Transcript Deadline set for 11/29/2010. Release of Transcript Restriction set for 1/25/2011.(Wayne, Bryan) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
46

ORDER setting deadlines and motions hearing. See text of Order for details. Signed by Judge John D. Bates on 10/29/10. (lcjdb1) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER

Set/Reset Deadlines/Hearings: The government's consolidated memorandum in opposition to plaintiff's motion for summary judgment and in support of its cross-motion for summary judgment is due by 11/15/2010. Defendant-intervenors' memoranda in opposition to plaintiff's motion for summary judgment and in support of their cross-motions for summary judgment are also due by 11/15/2010. Plaintiff's consolidated reply memorandum in support of its motion for summary judgment and in opposition to defendant's and defendant-intervenors' cross-motions for summary judgment is due by 12/13/2010. The government's reply memorandum in support of its cross-motion for summary judgment is due by 1/14/2011. The defendant-intervenors' reply memoranda in support of their cross-motions for summary judgmment are also due by 1/14/2011. A motions hearing is set for 2/2/2011 at 09:30 AM in Courtroom 8 before Judge John D. Bates. (lcjdb1)

Oct. 29, 2010

Oct. 29, 2010

PACER
47

Cross MOTION for Summary Judgment by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Attachments: # 1 Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, # 2 Text of Proposed Order)(McDonald, Laughlin) (Entered: 11/15/2010)

1 Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to

View on Clearinghouse

2 Text of Proposed Order

View on Clearinghouse

Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
48

RESPONSE to Plaintiff's Statement of Facts filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., EARL CUNNINGHAM, KENNETH DUKES, WILLIE GOLDSMITH, SR, BOBBY LEE HARRIS, ERIC H. HOLDER, JR, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, MARY PAXTON-LEE, BOBBY PIERSON, ANTHONY VINES, WILLIAM WALKER. (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Cooper, :Firm- Dewey & LeBoeuf LLP, :Address- 1301 Avenue of the Americas, New York, NY 10019. Phone No. - 212.259.6410. Fax No. - 212.259.6333 by BOBBY LEE HARRIS (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
50

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Autumn C. Katz, :Firm- Dewey & LeBoeuf LLP, :Address- 1301 Avenue of the Americas, New York, NY 10019. Phone No. - 212.259.6176. Fax No. - 212.259.6333 by BOBBY LEE HARRIS (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
51

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John M. Nonna, :Firm- Dewey & LeBoeuf LLP, :Address- 1301 Avenue of the Americas, New York, NY 10019. Phone No. - 212.259.8311. Fax No. - 212.259.6333 by BOBBY LEE HARRIS (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
52

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel T. Stabile, :Firm- Dewey & LeBoeuf LLP, :Address- 1301 Avenue of the Americas, New York, NY 10019. Phone No. - 212.259.7099. Fax No. - 212.259.6333 by BOBBY LEE HARRIS (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
53

Memorandum in opposition to re 5 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR. (Attachments: # 1 Statement of Facts, # 2 Exhibit McCrary Declaration, # 3 Exhibit Berman Declaration, # 4 Text of Proposed Order)(Dellheim, Richard) (Entered: 11/15/2010)

1 Statement of Facts

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2 Exhibit McCrary Declaration

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3 Exhibit Berman Declaration

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4 Text of Proposed Order

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Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
54

MOTION for Summary Judgment by ERIC H. HOLDER, JR (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit McCrary Declaration, # 4 Exhibit Berman Declaration, # 5 Text of Proposed Order)(Dellheim, Richard) (Entered: 11/15/2010)

1 Memorandum in Support

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2 Statement of Facts

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3 Exhibit McCrary Declaration

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4 Exhibit Berman Declaration

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5 Text of Proposed Order

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Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
55

MOTION for Summary Judgment by BOBBY LEE HARRIS (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(Posner, Mark) (Entered: 11/15/2010)

1 Proposed Order

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2 Memorandum in Support

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Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
56

Memorandum in opposition to re 5 MOTION for Summary Judgment filed by BOBBY LEE HARRIS. (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
57

LARGE ADDITIONAL ATTACHMENT(S) Joint Statement of Material Facts As to Which There is No Genuine Issue by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., EARL CUNNINGHAM, KENNETH DUKES, WILLIE GOLDSMITH, SR, BOBBY LEE HARRIS, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, MARY PAXTON-LEE, BOBBY PIERSON, ANTHONY VINES, WILLIAM WALKER 47 Cross MOTION for Summary Judgment filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., MARY PAXTON-LEE, KENNETH DUKES, WILLIE GOLDSMITH, SR., BOBBY PIERSON, 55 MOTION for Summary Judgment filed by BOBBY LEE HARRIS. (Posner, Mark) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
58

Cross MOTION for Summary Judgment by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Ernest Montgomery, # 3 Text of Proposed Order)(Clarke, Kristen) Modified on 1/18/2011 to enchance docket text (jf, ). (Entered: 11/15/2010)

1 Memorandum in Support

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2 Declaration Declaration of Ernest Montgomery

View on Clearinghouse

3 Text of Proposed Order

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Nov. 15, 2010

Nov. 15, 2010

Clearinghouse
59

Memorandum in opposition to re 5 MOTION for Summary Judgment filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (Attachments: # 1 Declaration Declaration of Ernest Montgomery, # 2 Text of Proposed Order)(Clarke, Kristen) (Entered: 11/16/2010)

1 Declaration Declaration of Ernest Montgomery

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2 Text of Proposed Order

View on Clearinghouse

Nov. 15, 2010

Nov. 15, 2010

Clearinghouse

MINUTE ORDER: Upon consideration of 49 the motion for admission pro hac vice of David G. Cooper and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of the Court shall enter the appearance of David G. Cooper on behalf of Defendant-Intervenor Bobby Lee Harris. Signed by Judge John D. Bates on 11/16/10. (lcjdb1)

Nov. 16, 2010

Nov. 16, 2010

PACER

MINUTE ORDER: Upon consideration of 50 the motion for admission pro hac vice of Autumn C. Katz and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of the Court shall enter the appearance of Autumn C. Katz on behalf of Defendant-Intervenor Bobby Lee Harris. Signed by Judge John D. Bates on 11/16/10. (lcjdb1)

Nov. 16, 2010

Nov. 16, 2010

PACER

MINUTE ORDER: Upon consideration of 51 the motion for admission pro hac vice of John M. Nonna and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of the Court shall enter the appearance of John M. Nonna on behalf of Defendant-Intervenor Bobby Lee Harris. Signed by Judge John D. Bates on 11/16/10. (lcjdb1)

Nov. 16, 2010

Nov. 16, 2010

PACER

MINUTE ORDER: Upon consideration of 52 the motion for admission pro hac vice of Daniel T. Stabile and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of the Court shall enter the appearance of Daniel T. Stabile on behalf of Defendant-Intervenor Bobby Lee Harris. Signed by Judge John D. Bates on 11/16/10. (lcjdb1)

Nov. 16, 2010

Nov. 16, 2010

PACER
60

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel Spital, :Firm- Squire, Sanders & Dempsey, L.L.P., :Address- 30 Rockefeller Plaza, 23rd Floor New York, NY 10112. Phone No. - 212.872.9800. Fax No. - 212.872.9815 by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Attachments: # 1 Declaration of Samuel Spital, # 2 Text of Proposed Order)(Clarke, Kristen) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER

MINUTE ORDER: Upon consideration of 60 the motion for admission pro hac vice of Samuel Spital and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall enter the appearance of Samuel Spital on behalf of Defendant-Intervenors Earl Cunningham, Harry Jones, Albert Jones, Ernest Montgomery, Anthony Vines, and William Walker. SO ORDERED. Signed by Judge John D. Bates on 11/17/10. (lcjdb1)

Nov. 17, 2010

Nov. 17, 2010

PACER
61

NOTICE of Lodging of Legislative History Documents by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., EARL CUNNINGHAM, KENNETH DUKES, WILLIE GOLDSMITH, SR, BOBBY LEE HARRIS, ERIC H. HOLDER, JR, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, MARY PAXTON-LEE, BOBBY PIERSON, ANTHONY VINES, WILLIAM WALKER re 54 MOTION for Summary Judgment, 47 Cross MOTION for Summary Judgment, 58 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion, 55 MOTION for Summary Judgment (Posner, Mark) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
62

NOTICE of Appearance by Bert W. Rein on behalf of SHELBY COUNTY, ALABAMA (Rein, Bert) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
63

MOTION for Leave to File Amicus by CONSTITUTIONAL ACCOUNTABILITY CENTER (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(rdj) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER

MINUTE ORDER: Upon consideration of 63 the unopposed motion of the Constitutional Accountability Center for leave to file an amicus curiae brief in support of defendant and defendant-intervenors, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the brief of the Constitutional Accountability Center as amicus curiae in support of defendants and defendant-intervenors is hereby accepted and deemed filed as of this date. SO ORDERED. Signed by Judge John D. Bates on 11/22/10. (lcjdb1)

Nov. 22, 2010

Nov. 22, 2010

PACER
64

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (jf, ) (Entered: 11/23/2010)

Nov. 22, 2010

Nov. 22, 2010

Clearinghouse
65

REPLY to opposition to motion re 5 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 12/13/2010)

1 Statement of Facts

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2 Text of Proposed Order

View on Clearinghouse

Dec. 13, 2010

Dec. 13, 2010

Clearinghouse
66

Memorandum in opposition to re 54 MOTION for Summary Judgment, 47 Cross MOTION for Summary Judgment, 58 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion, 55 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 12/13/2010)

1 Statement of Facts

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2 Text of Proposed Order

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Dec. 13, 2010

Dec. 13, 2010

Clearinghouse
67

REPLY to opposition to motion re 54 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR. (Attachments: # 1 Declaration Brinegar Declaration, # 2 Declaration Berman Supplemental Declaration)(Weinstein-Tull, Justin) (Entered: 01/14/2011)

1 Declaration Brinegar Declaration

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2 Declaration Berman Supplemental Declaration

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Jan. 14, 2011

Jan. 14, 2011

Clearinghouse
68

ENTERED IN ERROR.....REPLY to opposition to motion re 58 Cross MOTION for Summary Judgment filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., EARL CUNNINGHAM, KENNETH DUKES, WILLIE GOLDSMITH, SR, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, MARY PAXTON-LEE, BOBBY PIERSON, ANTHONY VINES, WILLIAM WALKER. (Clarke, Kristen) Modified on 1/18/2011 to enhance docket text (jf, ). Modified on 1/19/2011 (dr). (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
69

REPLY to opposition to motion re 55 MOTION for Summary Judgment filed by BOBBY LEE HARRIS. (Posner, Mark) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

Clearinghouse

NOTICE OF CORRECTED DOCKET ENTRY: re 68 Reply to opposition to Motion, was entered in error because the title of the document does not coincide with the Docket Entry, and the selected filers are incorrect. Counsel has been instructed to refile said pleading. (dr)

Jan. 19, 2011

Jan. 19, 2011

PACER
70

REPLY to opposition to motion re 47 Cross MOTION for Summary Judgment, 58 Cross MOTION for Summary Judgment CONSOLIDATED REPLY MEMORANDUM OF POINTS AND AUTHORITIES OF CUNNINGHAM DEFENDANT-INTERVENORS AND PIERSON DEFENDANT-INTERVENORS IN SUPPORT OF CROSS-MOTION FOR SUMMARYJUDGMENT filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (Clarke, Kristen) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

Clearinghouse

MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED as follows. At the motions hearing on February 2, 2011 at 9:30 AM, the Court will hear argument only from plaintiff, defendant, and the three defendant-intervenors in this case. The Court will not hear argument from any amici who have filed briefs with the Court. The Court will hear first from plaintiff, then from defendant, then from defendant-intervenors, and then plaintiff's rebuttal, if any. Plaintiff shall have a total of one (1) hour to present its initial argument, and fifteen (15) minutes for rebuttal. Defendant shall have a total of forty-five (45) minutes, and the three defendant-intervenors shall have a total of thirty (30) minutes, which they may apportion among themselves as they see fit. SO ORDERED. Signed by Judge John D. Bates on 1/24/11. (lcjdb1)

Jan. 24, 2011

Jan. 24, 2011

PACER

MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED that the motions hearing currently scheduled for Wednesday, February 2, 2011 at 9:30 AM will be held in Ceremonial Courtroom 20 on the sixth floor, not in Courtroom 8 on the fourth floor, as previously scheduled. Signed by Judge John D. Bates on 1/26/11. (lcjdb1)

Jan. 26, 2011

Jan. 26, 2011

PACER
71

NOTICE of Appearance by Samuel Robert Bagenstos on behalf of ERIC H. HOLDER, JR (Bagenstos, Samuel) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

PACER

Minute Entry: Motion Hearing held on 2/2/2011 re 47 Cross MOTION for Summary Judgment filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., MARY PAXTON-LEE, KENNETH DUKES, WILLIE GOLDSMITH, SR., BOBBY PIERSON, 58 Cross MOTION for Summary Judgment filed by ERNEST MONTGOMERY, HARRY JONES, ALBERT JONES, ANTHONY VINES, EARL CUNNINGHAM, WILLIAM WALKER, 54 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR., 55 MOTION for Summary Judgment filed by BOBBY LEE HARRIS, 5 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA before Judge John D. Bates: Motions heard and taken under advisement. (Court Reporter Bryan Wayne.) (tb, )

Feb. 2, 2011

Feb. 2, 2011

PACER

MINUTE ORDER: On the Court's own motion, and upon consideration of the arguments of counsel at the February 2, 2011 hearing and the entire record herein, it is hereby ORDERED that the parties shall submit additional briefing by not later than February 16, 2011, which shall be limited to the following question: in considering the reauthorization of Section 5 of the Voting Rights Act in 2006, was it "rational in both practice and theory," South Carolina v. Katzenbach, 383 U.S. 301, 330 (1966), for Congress to preserve the existing coverage formula in Section 4(b) of the Act? In answering this question, the parties are strongly encouraged to point to specific instances in the legislative record that support their position. The parties are also encouraged to address each aspect of the question separately -- that is, to explain both why Section 4(b) is or is not rational "in practice" and why Section 4(b) is or is not rational "in theory." Plaintiff's memorandum addressing this question shall not exceed fifteen (15) pages in length, and defendant's memorandum addressing this question also shall not exceed fifteen (15) pages in length. Each defendant-intervenor may file its own memorandum addressing this question, which shall not exceed seven (7) pages in length; defendant-intervenors are, however, strongly encouraged to file a joint memorandum, not to exceed fifteen (15) pages in length, in order to avoid unnecessary duplication. SO ORDERED. Signed by Judge John D. Bates on 2/4/11.(lcjdb1)

Feb. 4, 2011

Feb. 4, 2011

PACER

Set/Reset Deadlines: The additional briefing required by the Court's 2/4/2011 Minute Order is due by 2/16/2011. (lcjdb1)

Feb. 4, 2011

Feb. 4, 2011

PACER
72

MEMORANDUM re Order,,,,,, by BOBBY LEE HARRIS. (Posner, Mark) (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

Clearinghouse
73

SUPPLEMENTAL MEMORANDUM to re 47 Cross MOTION for Summary Judgment, 58 Cross MOTION for Summary Judgment CONSOLIDATED SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES OF CUNNINGHAM AND PIERSON DEFENDANT-INTERVENORS IN SUPPORT OF CROSS MOTIONS FOR SUMMARY JUDGMENT filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (Clarke, Kristen) (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

Clearinghouse
74

SUPPLEMENTAL MEMORANDUM re 65 REPLY to opposition to motion, and 66 Memorandum in opposition filed by SHELBY COUNTY, ALABAMA. (Consovoy, William) Modified on 2/17/2011 to create relationship and add link (dr). (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

Clearinghouse
75

SUPPLEMENTAL MEMORANDUM re Order by ERIC H. HOLDER, JR. (Dellheim, Richard) Modified on 2/17/2011 to edit text (dr). (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

Clearinghouse
76

TRANSCRIPT OF PROCEEDINGS before Judge John D. Bates held on 2/2/11; Page Numbers: 1 - 144. Date of Issuance:2/17/11. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 3/10/2011. Redacted Transcript Deadline set for 3/20/2011. Release of Transcript Restriction set for 5/18/2011.(Wayne, Bryan) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

Clearinghouse
77

NOTICE of Supplemental Information by ERIC H. HOLDER, JR re 54 MOTION for Summary Judgment, 53 Memorandum in Opposition (Attachments: # 1 Exhibit)(McFarland, Ernest) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
78

RESPONSE re 77 Notice (Other) filed by SHELBY COUNTY, ALABAMA. (Consovoy, William) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
79

NOTICE of Filing by SHELBY COUNTY, ALABAMA (Attachments: # 1 Exhibit Letter)(Consovoy, William) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Shelby County, Alabama

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Voting:

Election administration