Case: Thompson v. Alabama

2:16-cv-00783 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 26, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges section 177(b) of the Alabama Constitution, which disenfranchises individuals with convictions of felonies "involving moral turpitude." In 1985, the Supreme Court that the 1901 drafters of the Alabama disenfranchisement provision specifically selected the vague and arbitrary "moral turpitude" standard in order to disenfranchise blacks. Hunter v. Underwood, 471 U.S. 222 (1985). The provision was therefore unconstitutional and inoperative. But in 1996, Alabama put the exclusi…

This case challenges section 177(b) of the Alabama Constitution, which disenfranchises individuals with convictions of felonies "involving moral turpitude." In 1985, the Supreme Court that the 1901 drafters of the Alabama disenfranchisement provision specifically selected the vague and arbitrary "moral turpitude" standard in order to disenfranchise blacks. Hunter v. Underwood, 471 U.S. 222 (1985). The provision was therefore unconstitutional and inoperative. But in 1996, Alabama put the exclusion back into its Constitution (though this time limiting it to felony convictions). The scope of the rule is unclear; in 2005, the state attorney general issued an opinion that did little to correct the ambiguity. A crime of “moral turpitude,” he wrote, is “an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general.” Whether to allow someone with a felony conviction to register to vote is up to each county's registrar.

This lawsuit was filed in the U.S. District Court for the Middle District of Alabama, on September 26, 2016, to challenge the exclusion. The plaintiffs filed on behalf of a putative class of unregistered persons otherwise eligible to register to vote in Alabama who were, or who might be in the future, denied the right to vote because of their felony conviction. They were represented by a large consortium of lawyers, including private counsel in Alabama and South Carolina, Public Citizen, the Campaign Legal Center, the Washington DC office of Jenner & Block, voting rights expert and Stanford Professor Pam Karlan, and Georgetown Law's Institute for Public Representation. The defendant was the State of Alabama.

The plaintiffs alleged that Alabama's exclusionary law and practices were racially discriminatory in violation of the Fourteenth Amendment's Equal Protection Clause and the Voting Rights Act; and that it abridged the fundamental right to vote in violation of the Fifteenth Amendment, the Fourteenth Amendment (fundamental rights equal protection doctrine), the First Amendment, Due Process, and the Ex Post Facto Clause, among other claims. The plaintiffs also complained that the provisions of Alabama law that allowed convicted felons to petition for restoration of their voting rights if they paid any ordered restitution constituted a poll tax. The plaintiffs sought declaratory relief, injunctive relief, and damages.

The case was assigned to Chief Judge William Keith Watkins. On November 16, 2016, the defendant filed a motion to dismiss for failure to state a claim.

While the motion to dismiss was pending, the plaintiffs moved for a preliminary injunction on June 30, 2017. The plaintiffs relied on the fact that on May 25, 2017 the Governor signed the Felony Voter Disqualification Act, House Bill 282 (HB 282), which sought "to put an end to this unconstitutional system by establishing a comprehensive list of crimes that 'involve moral turpitude.'" The plaintiffs argued that HB 282 could enfranchise thousands of eligible voters currently denied the right to vote. As such, the plaintiffs asked the court to compel the defendant to implement HB 282, arguing that the defendant had not taken "any meaningful action to implement HB 282 and advise voters of their rights, including publicizing the new eligibility requirements on the Secretary of State’s website, updating voter registration forms, or issuing guidance to registrars."

The court denied the preliminary injunction on July 28, 2017. The court held that HB 282 clarified whether convictions involved moral turpitude, mooting the plaintiffs' legal challenge of the vagueness § 177(b) and entitling the defendant to a rebuttable presumption that it would not resume unconstitutional activities. Further, the court held that the requested relief was unlike the relief sought in the lawsuit. The court found that the original lawsuit was not about HB 282, nor were the plaintiffs challenging any of HB 282's provisions as unconstitutional. 2017 U.S. Dist. LEXIS 118606.

Then, on September 28, 2017, the court granted in part and denied in part the defendant' motion to dismiss. The court dismissed the plaintiffs' contentions that Alabama law denied black voters equal opportunity to participate in the political process; denied plaintiffs franchise without a compelling state interest; restricted free speech and association, burdened the right to; disqualified voters without due process; was otherwise vague, arbitrary, and irrational; unconstitutionally imposed a poll tax by requiring plaintiffs to pay any ordered restitution; and disproportionately disenfranchised black citizens compared to white citizens with prior disqualifying convictions. The court allowed claims to stand that Alabama law was racially discriminatory; created retroactive punishment; imposed cruel and unusual punishment; and violated equal protection and required higher scrutiny as to the constitutionality of requiring convicted felons to pay ordered restitution as a condition of re-enfranchisement. 2017 U.S. Dist. LEXIS 211512.

On March 1, 2018, the plaintiffs filed a supplemental complaint. This complaint asserted additional claims based on events that post-dated the original complaint. In response, the defendant filed a renewed motion to dismiss, or in the alternative, motion for summary judgment, as well as a motion to dismiss supplemental complaint on March 15, 2018. On April 5, 2018, the plaintiffs filed a cross motion for summary judgment.

The plaintiffs filed a motion to certify the case as a class action on May 10, 2018.

This case was reassigned to Judge Emily C. Marks on August 8, 2018.

The court denied the defendant' renewed motion to dismiss on Dec. 3, 2019. Stating that a renewed motion to dismiss is "generally granted only if there is newly-discovered evidence or a manifest error of law or fact," the court found that the defendant had established neither. On the same day, the court denied the plaintiffs’ cross motion for summary judgment, finding the claim at issue--an allegation that the state form and the instructions for the federal form violate the NVRA because the forms must include eligibility information (count 18 of the complaint)--to be moot. For the same reason, the court granted in part the motion to dismiss the supplemental complaint. 428 F.Supp.3d 1296.

On Jan. 24, 2020, the court denied the motion for class certification, holding that the proposed class was insufficiently ascertainable and that use of the class action device was not necessary to adjudicate the claim. 2020 WL 411985.

The plaintiffs sought a preliminary injunction on May 27, 2020. Stating that the 11th Circuit decision about Florida felony enfranchisement, Jones v. Desantis, 950 F.3d 795 (11th Cir. 2020), squarely controls this case, the plaintiffs claimed that they are likely to succeed on their Equal Protection wealth discrimination claim. (For more on Jones v. Desantis see its Clearinghouse case summary. Absent the court’s order “enjoining the Board from enforcing the legal financial obligations requirement against those who are genuinely unable to pay”, plaintiffs here claimed, “citizens like plaintiffs ...who cannot afford to pay their legal financial obligations in full before the upcoming elections will suffer irreparable injury because they are unconstitutionally denied their right to vote on the basis of wealth.”

This case is ongoing.

Summary Authors

Saeeda Joseph-Charles (11/15/2016)

Virginia Weeks (1/31/2018)

Bogyung Lim (6/3/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6128813/parties/thompson-v-merrill/


Judge(s)

Coody, Charles S. (Alabama)

Doyle, Stephen Michael (Alabama)

Marks, Emily Coody (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Amunson, Jessica Ring (District of Columbia)

Blacksher, James U. (Alabama)

Danahy, Molly (District of Columbia)

Derfner, Armand Georges (South Carolina)

Francois, Aderson B. (District of Columbia)

Gaber, Mark P. (District of Columbia)

Judge(s)

Coody, Charles S. (Alabama)

Doyle, Stephen Michael (Alabama)

Marks, Emily Coody (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Amunson, Jessica Ring (District of Columbia)

Blacksher, James U. (Alabama)

Danahy, Molly (District of Columbia)

Derfner, Armand Georges (South Carolina)

Francois, Aderson B. (District of Columbia)

Gaber, Mark P. (District of Columbia)

Hebert, J. Gerald (District of Columbia)

Herbert, J. Gerald (Virginia)

Hipp, Jason P (New York)

Karlan, Pamela S. (California)

Lang, Danielle (District of Columbia)

Llewellyn, Patrick D. (District of Columbia)

McGuire, Joseph Mitchell (Alabama)

Stewart, Michael E. (District of Columbia)

Yun, Jennifer J. (District of Columbia)

Attorneys(s) for Defendant

Brasher, Andrew Lynn (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Fairbanks, Philip G (Kentucky)

Howell, Laura Elizabeth (Alabama)

Mangan, Mary (Alabama)

Messick, Misty Shawn Fairbanks (Alabama)

Sinclair, Winfield J. (Alabama)

Other Attorney(s)

Ayers, Marc James (Alabama)

Weller, Christopher W. (Alabama)

Documents in the Clearinghouse

Document

2:16-cv-00783

Docket [PACER]

Thompson v. State of Alabama

May 27, 2020

May 27, 2020

Docket
1

2:16-cv-00783

Class-Action Complaint for Declaratory and Injunctive Relief

Thompson v. State of Alabama

Sept. 26, 2016

Sept. 26, 2016

Complaint
72

2:16-cv-00783

Memorandum Opinion and Order

Thompson v. State of Alabama

July 28, 2017

July 28, 2017

Order/Opinion
80

2:16-cv-00783

Memorandum Opinion and Order

Thompson v. State of Alabama

Dec. 26, 2017

Dec. 26, 2017

Order/Opinion
93

2:16-cv-00783

Plaintiffs' Supplemental Class-Action Complaint For Declaratory and Injunctive Relief

Thompson v. Merrill

March 1, 2018

March 1, 2018

Complaint
178, 178-1

2:16-cv-00783

Memorandum Opinion and Order

Thompson v. State of Alabama

Dec. 3, 2019

Dec. 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6128813/thompson-v-merrill/

Last updated Aug. 30, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against John H. Merrill, George Noblin, State of Alabama, Clifford Walker ( Filing fee $ 400.00 receipt number 4602042577.), filed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. (Attachments: # 1 Filing Fee Receipt)(dmn, ) (Entered: 09/28/2016)

1 Filing Fee Receipt

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Sept. 26, 2016

Sept. 26, 2016

RECAP
2

Corporate/Conflict Disclosure Statement by Laura Corley. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
3

Corporate/Conflict Disclosure Statement by Antwoine Giles. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
4

Corporate/Conflict Disclosure Statement by Greater Birmingham Ministries. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
5

Corporate/Conflict Disclosure Statement by Pamela King. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
6

Corporate/Conflict Disclosure Statement by Timothy Lanier. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
7

Corporate/Conflict Disclosure Statement by Larry Joe Newby. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
8

Corporate/Conflict Disclosure Statement by Anna Reynolds. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
9

Corporate/Conflict Disclosure Statement by Treva Thompson. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
10

Corporate/Conflict Disclosure Statement by Melissa Swetnam. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
11

Corporate/Conflict Disclosure Statement by Mario Dion Yow. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
12

Corporate/Conflict Disclosure Statement by Jennifer Zimmer. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
13

Summons Issued as to John H. Merrill, George Noblin, State of Alabama, Clifford Walker and returned to counsel for personal service.(dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
14

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. State of Alabama served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
15

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. John H. Merrill served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
16

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. George Noblin served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
17

SUMMONS Returned Executed by Melissa Swetnam, Antwoine Giles, Laura Corley, Jennifer Zimmer, Larry Joe Newby, Greater Birmingham Ministries, Timothy Lanier, Treva Thompson, Pamela King, Anna Reynolds, Mario Dion Yow. Clifford Walker served on 9/26/2016, answer due 10/17/2016. (dmn, ) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
18

Motion for Danielle Lang to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to include name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
19

Motion for J. Gerald Hebertto Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
20

Motion for JESSICA RING AMUNSON to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add name of attorney (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
21

Motion for Aderson B. Francois to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
22

Motion for Patrick Llewellyn to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
23

Motion for Armand Derfner to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 9/30/2016 to clarify text to add attorney name (qc/djy, ). (Entered: 09/29/2016)

1 Exhibit 1

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Sept. 29, 2016

Sept. 29, 2016

PACER
24

Pro Hac Vice Filing fee for Jessica Amunson received re 20 Motion: $ 50.00, receipt number 4602042601. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
25

Pro Hac Vice Filing fees received for Danielle Lang and Joseph Hebert re Motions (Doc. Nos. 18 and 19 ): $ 100.00, receipt number 4602042600. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
26

Pro Hac Vice Filing fee received for Armand Derfner re 23 Motion: $ 50.00, receipt number 4602042602. (dmn, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
27

TEXT ORDER granting 18 Motion for Danielle Lang to Appear Pro Hac Vice; granting 19 Motion for J. Gerald Hebertto to Appear Pro Hac Vice; granting 20 Motion for Jessica Ring Amunson to Appear Pro Hac Vice; granting 23 Motion for Armand Derfner to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 10/7/2016. (dmn, ) (NO PDF) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
28

Pro Hac Vice Filing fee for Aderson B. Francois re 21 Motion: $ 50.00, receipt number 4602042735. (dmn, ) (Entered: 10/12/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
29

Pro Hac Vice Filing fee received for Patrick D. Llewellyn re 22 Motion: $ 50.00, receipt number 4602042736. (dmn, ) (Entered: 10/12/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
30

TEXT ORDER granting 21 Motion for Aderson B. Francois to Appear Pro Hac Vice; and granting 22 Motion for Patrick Llewellyn to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 10/12/2016. (dmn, ) (NO PDF) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
31

NOTICE of Appearance by Andrew L Brasher on behalf of All Defendants (Brasher, Andrew) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
32

NOTICE of Appearance by James William Davis on behalf of All Defendants (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
33

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of All Defendants (Messick, Misty) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
34

Corporate/Conflict Disclosure Statement by State of Alabama. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
35

Corporate/Conflict Disclosure Statement by John H. Merrill. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
36

Corporate/Conflict Disclosure Statement by George Noblin. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
37

Corporate/Conflict Disclosure Statement by Clifford Walker. (Davis, James) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
38

MOTION for Extension of Time to File Answer by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Brasher, Andrew) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
39

TEXT ORDER: It is ORDERED that the 38 Motion for Extension of Time to Answer is granted to and including 11/16/2016. Answer due from John H. Merrill, George Noblin, State of Alabama, and Clifford Walker on 11/16/2016. Signed by Chief Judge William Keith Watkins on 10/13/2016. (dmn, ) (NO PDF) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER

Mail Returned as Undeliverable. 27 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text Order re-mailed 10/21/2016 to updated address. (dmn, ) (NO PDF)

Oct. 20, 2016

Oct. 20, 2016

PACER

Mail Returned as Undeliverable. 30 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text order re-mailed 10/25/2016 to updated address as noted on docket. (dmn, ) (NO PDF)

Oct. 24, 2016

Oct. 24, 2016

PACER

Mail Returned as Undeliverable. 39 Text Order mailed to Armand Derfner returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward." Text order re-mailed 10/31/2016 to updated address as noted on docket. (dmn, ) (NO PDF)

Oct. 28, 2016

Oct. 28, 2016

PACER
40

Motion for Pamela S. Karlan to Appear Pro Hac Vice by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 11/4/2016 to add attorney name requesting appearance. (dmn, ) (Entered: 11/01/2016)

1 Exhibit 1

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Nov. 1, 2016

Nov. 1, 2016

PACER
41

Pro Hac Vice Filing fee for Pamela Karlan received re 40 Motion: $ 50.00, receipt number 4602042962 (dmn, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
42

TEXT ORDER: It is ORDERED that the 40 Motion for Pamela S. Karlan to Appear Pro Hac Vice is granted. Signed by Chief Judge William Keith Watkins on 11/4/2016. (dmn, ) (NO PDF) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
43

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Brasher, Andrew) (Entered: 11/16/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Nov. 16, 2016

Nov. 16, 2016

PACER

BRIEF/MEMORANDUM in Support of 43 Motion to Dismiss filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (dmn, ) (NO PDF, see Doc. 43 for pdf.)

Nov. 16, 2016

Nov. 16, 2016

PACER
44

BRIEFING ORDER setting out briefing schedule on dispositive motions as further set out in the order. It is ORDERED that the 43 Motion to Dismiss be submitted without oral argument on 12/15/2016. It is further ORDERED that the plaintiffs file a response, which shall include a brief, on or before 12/8/2016. The defendants may file a reply brief on or before 12/15/2016. Signed by Chief Judge William Keith Watkins on 11/17/2016. (dmn, ) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
45

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Blacksher, James) Modified on 11/28/2016 to reflect the motion is unopposed. (dmn, ) (Additional attachment(s) added on 11/28/2016: # 1 Correct Certificate of Service) (dmn, ). (Entered: 11/21/2016)

1 Correct Certificate of Service

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Nov. 21, 2016

Nov. 21, 2016

PACER
46

[VACATED PURSUANT TO COURT 47 ORDER.] TEXT ORDER: Upon consideration of the 45 Unopposed Motion for Extension of Time to File Response to the 43 Motion to Dismiss, it is ORDERED that the motion is GRANTED, and the deadline to file a response is extended to and including 1/27/2017. Signed by Chief Judge William Keith Watkins on 11/28/2016. (dmn, ) (NO PDF) Modified on 11/30/2016 (dmn, ). (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
47

ORDER: The order entered on 11/28/2016 is VACATED. It is further ORDERED that Plaintiffs' 45 Unopposed Motion for Extension of Time is GRANTED. Plaintiffs' deadline to file a response to Defendants' 43 Motion to Dismiss is EXTENDED to and including 1/13/2017, and Defendants' deadline to file a reply brief is EXTENDED to and including 1/27/2017. Signed by Chief Judge William Keith Watkins on 11/30/2016. (dmn, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
48

RESPONSE in Opposition re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit Exhibit 1 - Gooden v. Worley)(Lang, Danielle) (Entered: 01/13/2017)

1 Exhibit Exhibit 1 - Gooden v. Worley

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Jan. 13, 2017

Jan. 13, 2017

PACER

BRIEF/MEMORANDUM in Support of 48 Opposition to 43 Motion, filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (dmn, ) (NO PDF, see Doc. 48 for pdf.)

Jan. 13, 2017

Jan. 13, 2017

PACER
49

MOTION for Extension of Time to File Response/Reply as to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Brasher, Andrew) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
50

REPLY in Support of 43 Motion to Dismiss for Failure to State a Claim and Brief in Support filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit 1)(Brasher, Andrew) Modified on 2/13/2017 to clean up text. (dmn, ) (Entered: 02/10/2017)

1 Exhibit 1

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Feb. 10, 2017

Feb. 10, 2017

PACER
51

TEXT ORDER granting 49 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge William Keith Watkins on 2/28/2017. (dmn, ) (NO PDF) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
52

MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit 1 - Plaintiffs First Requests for Production, # 2 Exhibit 2 - Deposition Notice 30(b)(6) Office of the Secretary of State, # 3 Exhibit 3 - Deposition Notice 30(b)(6) Board of Pardons and Paroles, # 4 Exhibit 4 - Deposition Notice 30(b)(6) Association of the Boards of Registrars)(Davis, James) (Entered: 04/17/2017)

1 Exhibit 1 - Plaintiffs First Requests for Production

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2 Exhibit 2 - Deposition Notice 30(b)(6) Office of the Secretary of State

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3 Exhibit 3 - Deposition Notice 30(b)(6) Board of Pardons and Paroles

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4 Exhibit 4 - Deposition Notice 30(b)(6) Association of the Boards of Registrars

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April 17, 2017

April 17, 2017

PACER
53

[VACATED PURSUANT TO COURT 81 ORDER.] ORDER: Upon consideration of Defendants 52 Opposed Motion to Stay Discovery and Extend Rule 26(f) Deadlines, it is ORDERED that the motion is GRANTED. All discovery obligations and Rule 26(f) deadlines are STAYED until further order of the court. Signed by Chief Judge William Keith Watkins on 4/20/2017. (dmn, ) Modified on 12/26/2017 (dmn, ). (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
54

MOTION for Patrick Llewellyn to Withdraw as Attorney for Plaintiffs and Plaintiff Class by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Llewellyn, Patrick) Modified on 6/14/2017 to include name of attorney requesting withdrawal. (dmn, ) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
55

TEXT ORDER granting 54 Motion for Patrick Llewellyn to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 6/13/17. (NO PDF document attached to this notice). (djy, ) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER

*** Attorney Patrick D Llewellyn terminated pursuant to Court 55 Text Order. (dmn, )

June 13, 2017

June 13, 2017

PACER
56

MOTION for Preliminary Injunction by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit Exhibits A-G)(Lang, Danielle) (Entered: 06/30/2017)

1 Exhibit Exhibits A-G

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June 30, 2017

June 30, 2017

RECAP
57

MOTION To Shorten Time for Plaintifs' 56 MOTION for Preliminary Injunction by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) Modified on 7/3/2017 to clean up text. (dmn, ) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
58

RESPONSE in Opposition re 57 MOTION To Shorten Time for Plaintifs' Motion for Preliminary Injunction re 56 MOTION for Preliminary Injunction filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A - Handbook, # 2 Exhibit B - Website, # 3 Exhibit C - Agenda)(Brasher, Andrew) (Entered: 06/30/2017)

1 Exhibit A - Handbook

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2 Exhibit B - Website

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3 Exhibit C - Agenda

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June 30, 2017

June 30, 2017

PACER

BRIEF in Support of 56 MOTION for Preliminary Injunction filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (dmn, ) (NO PDF, see Doc. 56 for pdf.)

June 30, 2017

June 30, 2017

PACER
59

REPLY to Response to Motion re 57 MOTION To Shorten Time for Plaintifs' Motion for Preliminary Injunction re 56 MOTION for Preliminary Injunction filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
60

ORDER: Before the court are Plaintiffs' 56 Motion for Preliminary Injunction and 57 Motion to Expedite Briefing and a Hearing on the Motion for Preliminary Injunction. This Order sets the schedule for the submission of the preliminary injunction motion as further set out in the order. Based upon careful consideration of the full panoply of arguments as to the time frame for addressing the motion for preliminary injunction, it is ORDERED that Plaintiff's 57 Motion to Shorten the Time on the Preliminary Injunction Motion is GRANTED to the following extent: (1) Defendants shall file a response to Plaintiffs' 56 Motion for Preliminary Injunction on or before 7/21/2017; and (2) A hearing on the Motion for Preliminary Injunction is set for 7/25/2017 at 2:30 PM in CR 2B in Montgomery, AL before Chief Judge William Keith Watkins. It is further ORDERED that, on or before 7/21/2017, Defendants shall disclose to counsel for Plaintiffs a list of all voter applicants previously purged or denied based on convictions for the last two years, see 52 U.S.C. 20507(i), or SHOW CAUSE on or before 7/13/2017, why they should not be required to do so. Signed by Chief Judge William Keith Watkins on 7/5/2017. Copies furnished to calendar group, AR. (dmn, ) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
61

ORDER: The 60 Order directing Defendants to file a response to Plaintiffs' motion for preliminary injunction on or before 7/21/2017, is AMENDED as follows: Defendants shall file a response to Plaintiffs' 56 Motion for Preliminary Injunction on or before 7/21/2017, at 3:00 p.m. Additionally, two duplicate sets of courtesy copies shall be delivered to chambers on on before 7/21/2017, at 4:00 p.m. The courtesy copies should comply with the requirements set out in 11/17/2016 Order (Doc. 44 ), with the exception that Defendants are excused from the requirements that the courtesy copies should include the CM/ECF header. The courtesy copies do not have to be printed after filing in CM/ECF. Signed by Chief Judge William Keith Watkins on 7/18/2017. (dmn, ) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
62

NOTICE of Appearance by Mary Mangan on behalf of John H. Merrill, George Noblin, State of Alabama, Clifford Walker (Mangan, Mary) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
63

BRIEF/MEMORANDUM in Opposition re 56 MOTION for Preliminary Injunction filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Attachments: # 1 Exhibit A-Declaration of Edward Packard, # 2 Exhibit B-Declaration of Clay Helms, # 3 Exhibit C-Declaration of Brent Beal, # 4 Exhibit D-Declaration of Phil Bryant, # 5 Exhibit E-Declaration of George Noblin, # 6 Exhibit F-Declaration of Angelique Pugh, # 7 Exhibit F(12) (CD-being filed conventionally, see Doc. 65 ), # 8 Exhibit G-Declaration of James Donald Milligan)(Brasher, Andrew) Modified on 7/25/2017 to create link to Doc. 65, Exhibit F (Attachment No. 12), CD filed conventionally. (dmn, ) (Entered: 07/21/2017)

1 Exhibit A-Declaration of Edward Packard

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2 Exhibit B-Declaration of Clay Helms

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3 Exhibit C-Declaration of Brent Beal

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4 Exhibit D-Declaration of Phil Bryant

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5 Exhibit E-Declaration of George Noblin

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6 Exhibit F-Declaration of Angelique Pugh

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7 Exhibit F(12) (CD-being filed conventionally)

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8 Exhibit G-Declaration of James Donald Milligan

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July 21, 2017

July 21, 2017

PACER
64

NOTICE by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer re 56 MOTION for Preliminary Injunction (Lang, Danielle) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
65

NOTICE OF CONVENTIONAL FILING (EXHIBIT F (Attachment No. 12) on CD) to Defendant's 63 Opposition to Plaintiffs' 56 Motion for Preliminary Injunction, by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (CD placed in small envelope attached to this document; placed in file in Clerk's office.) (dmn, ) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
66

Evidentiary Submission re 56 MOTION for Preliminary Injunction Hearing on 7/25/2017 filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(McGuire, Joseph) (Entered: 07/24/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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July 24, 2017

July 24, 2017

PACER
67

MOTION to Strike 66 Evidentiary Submission,, by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Mangan, Mary) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
68

ORDER: An on-the-record hearing on Plaintiffs' 56 Motion for Preliminary Injunction is set for 7/25/2017 at 02:30 PM in CR 2B in Montgomery, AL before Chief Judge William Keith Watkins. It is ORDERED that all attorneys of record who are appearing for the hearing today shall confer with the court, off the record, at 2:15 PM, in CR 2A of the Frank M. Johnson, Jr. U. S. Courthouse. Signed by Chief Judge William Keith Watkins on 7/25/2017. Copies furnished to calendar group, AR. (dmn, ) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
69

Minute Entry for proceedings held before Chief Judge William Keith Watkins: Motion Hearing held on 7/25/2017 re 67 MOTION to Strike 66 Evidentiary Submission filed by State of Alabama, Clifford Walker, John H. Merrill, George Noblin, 56 MOTION for Preliminary Injunction filed by Melissa Swetnam, Anna Reynolds, Pamela King, Timothy Lanier, Antwoine Giles, Larry Joe Newby, Jennifer Zimmer, Treva Thompson, Laura Corley, Greater Birmingham Ministries, Mario Dion Yow (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 07/26/2017)

July 25, 2017

July 25, 2017

PACER
70

NOTICE by John H. Merrill, George Noblin, State of Alabama, Clifford Walker (Notice of Supplemental Information) (Attachments: # 1 Exhibit A - Second Declaration of Edward Packard)(Mangan, Mary) (Entered: 07/28/2017)

1 Exhibit A - Second Declaration of Edward Packard

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July 28, 2017

July 28, 2017

PACER
71

NOTICE by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer re 70 Notice (Other) (Response to Notice of Supplemental Information) (Lang, Danielle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
72

MEMORANDUM OPINION AND ORDER: Accordingly, based upon careful consideration of Plaintiffs motion for preliminary injunction, Defendants opposition, the evidentiary hearing, and the oral arguments, and the record, it is ORDERED that the motion (Doc. 56 ) is DENIED as further set out in the opinion and order. Signed by Chief Judge William Keith Watkins on 7/28/2017. (dmn, ) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

RECAP
73

MOTION to Withdraw as Attorney Mary Mangan by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Mangan, Mary) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
74

TEXT ORDER granting 73 Motion for Mary Mangan to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 8/11/2017. (dmn, ) (NO PDF) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER

*** Attorney Mary Mangan terminated pursuant to Text Order (Doc. #74). (dmn, )

Aug. 11, 2017

Aug. 11, 2017

PACER
75

ORDER: It is ORDERED that Defendants Motion to Dismiss (Doc. 43 ), filed pursuant to Federal Rule of Civil Procedure 12(b)(6), is GRANTED in part and DENIED in part, with a memorandum opinion to follow at a later date.The time for Defendants to file a responsive pleading, as set out in Federal Rule of Civil Procedure 12(a)(4), is STAYED until the entry of the memorandum opinion. Signed by Chief Judge William Keith Watkins on 9/28/2017. (dmn, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

RECAP
76

MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
77

RESPONSE in Opposition re 76 MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Davis, James) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
78

REPLY to Response to Motion re 76 MOTION Lift Stay on Discovery Obligations re 52 MOTION to Stay Discovery and Extend Rule 26(f) Deadlines (opposed), filed, 53 Order on Motion to Stay, filed by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Lang, Danielle) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
79

TEXT ORDER: It is ORDERED that Defendants' 67 Motion to Strike Plaintiffs' Evidentiary Submissions is GRANTED in part and |DENIED in part in accordance with the rulings made in open court on 7/25/2107. Signed by Chief Judge William Keith Watkins on 10/19/2017. (dmn, ) (NO PDF) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
80

MEMORANDUM OPINION AND ORDER: To summarize the more-than-nine-thousand words preceding this section in a single thirty-six-word sentence: Plaintiffs challenge to Alabamas constitutional and statutory scheme for the disenfranchisement and re-enfranchisement of individuals convicted of crimes of moral turpitude will proceed, but only on a third of the counts in Plaintiffs fifteen-count complaint. Consistent with the reasoning of this opinion, it is ORDERED as follows: (1) Counts 3, 4, 5, 14, and 15 are DISMISSED with prejudice for failure to state a claim upon which relief can be granted; and (2) Counts 6, 7, 8, 9, and 10 are DISMISSED without prejudice for lack of subject-matter jurisdiction. This action proceeds as to five counts: Plaintiffs claims that section 177(b) of the Alabama Constitution is racially discriminatory in violation of the Fourteenth Amendments Equal Protection Clause and the Fifteenth Amendment (Counts 1 and 2); Plaintiffs claim that section 177(b) is an ex post facto law that retroactively punishes citizens (Count 11); Plaintiffs claim that section 177(b) violates the Eighth Amendments proscription against cruel and unusual punishment (Count 12); and Plaintiffs claim that section 15-22-36.1(a)(3) of the Alabama Code violates the Fourteenth Amendments Equal Protection Clause (Count 13). Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, ) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

RECAP
81

ORDER: Upon consideration of Plaintiffs Motion to Lift Stay on Discovery Obligations (Doc. 76 ), it is ORDERED that the motion is GRANTED. Accordingly, the Order (Doc. 53 ) staying all discovery obligations and Rule 26(f) deadlines is VACATED. Defendants are DIRECTED to file their responsive pleading on or before 1/12/2018. Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, ) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
82

RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 1/19/2018. Signed by Chief Judge William Keith Watkins on 12/26/2017. (dmn, ) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
83

NOTICE of Appearance by Laura Elizabeth Howell on behalf of All Defendants (Howell, Laura) (Main Document 83 replaced on 1/4/2018 with properly formatted pdf only, no text modified.) (dmn, ). Modified on 1/4/2018. (dmn, ) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
84

NOTICE of Appearance by Brad A. Chynoweth on behalf of All Defendants (Chynoweth, Brad) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
85

NOTICE of Appearance by Winfield James Sinclair on behalf of All Defendants (Sinclair, Winfield) (Main Document 85 replaced on 1/4/2018 with properly formatted pdf only, no text modified.) (dmn, ) Modified on 1/4/2018. (dmn, ) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
86

ANSWER to 1 Complaint, by John H. Merrill, George Noblin, State of Alabama, Clifford Walker.(Messick, Misty) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
87

REPORT of Rule 26(f) Planning Meeting. (Messick, Misty) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
88

UNIFORM SCHEDULING ORDER: An on-the-record Pretrial Conference is set for 4/8/2019 in Courtroom 2B FMJJ/USCC before Chief Judge William Keith Watkins. Non-Jury Trial set for 5/6/2019 in Montgomery, AL before Chief Judge William Keith Watkins. Amended Pleadings due by the plaintiffs on or before 2/23/2018, and by the defendants on or before 3/9/2018. Discovery due by 12/18/2018. Motions due by 1/15/2019. Mediation Notice due by 12/23/2018. Signed by Chief Judge William Keith Watkins on 1/29/2018. Copies furnished to calendar group, AR. (dmn, ) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
89

Objection to re 88 Scheduling Order,, filed by John H. Merrill, George Noblin, State of Alabama, Clifford Walker. (Messick, Misty) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
90

MOTION for Leave to File Supplemental Complaint naming Darius Gamble as an additional plaintiff by Laura Corley, Antwoine Giles, Greater Birmingham Ministries, Pamela King, Timothy Lanier, Larry Joe Newby, Anna Reynolds, Melissa Swetnam, Treva Thompson, Mario Dion Yow, Jennifer Zimmer. (Attachments: # 1 Exhibit Proposed Supplemental Complaint)(Lang, Danielle) Modified on 5/15/2018 to include text regarding Darius Gamble. (dmn, ) (Entered: 02/23/2018)

1 Exhibit Proposed Supplemental Complaint

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Feb. 23, 2018

Feb. 23, 2018

PACER
91

ORDER: Before the court is the State Defendants' timely Objection to Uniform Scheduling Order ("USO"). (Doc. # 89 .) Defendants object to Section 8 of the USO (Doc. # 88 ) on grounds that it does not expressly provide Defendants a right to file rebuttal expert reports as contemplated by Rule 26(a)(2)(D)(ii) of the Federal Rules of Civil Procedure. The objection is well taken. Accordingly, it is ORDERED that Section 8 of the USO is AMENDED to add the following: The deadline for the disclosure of defense rebuttal experts is twenty-one days after Plaintiffs' disclosure. Signed by Chief Judge William Keith Watkins on 2/26/2018. (kh, ) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

RECAP
92

ORDER granting 90 Motion for Leave to File Supplemental Complaint. On or before March 2, 2018, Plaintiffs shall file electronically a duplicate of the amended complaint attached to their motion, but with a current filing date, in accordance with the Middle District of Alabamas Civil Administrative Procedures. Signed by Chief Judge William Keith Watkins on 2/27/2018. (kh, ) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several unregistered persons otherwise eligible to register to vote in Alabama who have been denied the right to vote because they were convicted of crimes of moral turpitude. Class status has been denied.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Ex Post Facto

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Black

Voting:

Voter qualifications

Voter registration rules