Case: Thompson v. Alabama

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

Filed Date: Sept. 26, 2016

Closed Date: May 26, 2023

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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 held that the 1901 drafters of the Alabama disenfranchisement provision specifically selected the vague and arbitrary "moral turpitude" standard in order to disenfranchise black people. 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 this constitutional provision. The plaintiffs filed this lawsuit 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’s Equal Protection and Due Process Clauses, the First Amendment, and the Ex Post Facto Clause, among other claims. The plaintiffs also complained that the provisions of Alabama law allowing 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."

On July 28, 2017, the court denied the preliminary injunction. The court held that, by clarifying what convictions involved moral turpitude, HB 282 mooted the plaintiffs' legal challenge of the vagueness § 177(b) and entitled the defendant to a rebuttable presumption that it would not resume unconstitutional activities. The court further held that the requested relief was unlike the relief sought in the lawsuit: the original lawsuit did not address HB 282. 2017 U.S. Dist. LEXIS 118606.

On September 28, 2017, the court granted in part and denied in part the defendant's 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; 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. However, the court did not dismiss the plaintiffs’ claim that Alabama law allowing convicted felons to petition for restoration of their voting rights if they paid any ordered restitution was racially discriminatory, created retroactive punishment, imposed cruel and unusual punishment, and violated equal protection. 2017 U.S. Dist. LEXIS 211512.

On March 1, 2018, the plaintiffs filed a supplemental complaint adding additional plaintiffs and claims relating to HB 282 to the case. 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 the 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's 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.

On May 27, 2020, the plaintiffs filed a motion for a preliminary injunction enjoining Alabama Code Section 15-23-36.1(a)(3) as applied to those who lack the ability to pay their legal financial obligations (LFOs). Under this state law, only those that have paid LFOs in full are eligible to obtain a Certificate of Eligibility to Register to Vote. 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 argued that a preliminary injunction is necessary because “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.” Judge Marks denied this motion on June 29, 2020, finding that the time remaining between any relief ordered by the court and the election registration deadlines was insufficient to allow the plaintiffs to vote in the upcoming August and November elections, even if the court were to enter injunctive relief. Thus, the plaintiffs failed to demonstrate an imminent injury that would warrant a preliminary injunction before trial on the merits.

On September 2, 2020, both the plaintiffs and the defendants filed motions for summary judgment. The state defendants sought summary judgment on all remaining claims, while the plaintiffs sought only partial summary judgment on their claim that Alabama’s mail-in voter registration form violates the National Voting Rights Act (NVRA) because the form does not include a listing of all of the felonies which are disenfranchising under Alabama law. On December 3, 2020, the court issued an order jointly addressing both motions, granting the defendants’ motion and denying the plaintiff’s motion. The court granted summary judgment in favor of the defendants on plaintiffs’ race discrimination claims because the plaintiffs presented insufficient evidence to create a genuine issue of material fact as to discriminatory intent. It also granted summary judgment in favor of the defendants on plaintiffs’ ex post facto claim because, even though the disenfranchisement provision (§ 17-3-30.1(1)(b)) of the Alabama Code recognized that there was no comprehensive list of felonies that involved moral turpitude at the time of its passing, there were Alabama Supreme Court cases which determined that the crimes the plaintiffs were convicted of were crimes of moral turpitude. Furthermore, there was unrefuted evidence that state officials considered these definitions to be a source of moral turpitude for purposes of the disenfranchisement provision. Thus, the common law definition of moral turpitude as determined by Alabama courts served as fair notice to the plaintiffs that their crimes were crimes of moral turpitude so that the subsequently enacted statute which codified those crimes was not an ex post facto law as to these plaintiffs.

The court also granted summary judgment in favor of the defendant on plaintiffs’ Eighth Amendment claim. Citing the Eleventh Circuit’s decisions in Jones v. DeSantis and Hand v. Scott for the proposition that disenfranchising felons is constitutional, the court reasoned that, while these cases did not involve Eighth Amendment claims, it would be inconsistent to determine that something allowed by the Fourteenth Amendment violates the Eighth Amendment. Additionally, the court also granted summary judgment in favor of defendants on plaintiffs’ equal protection wealth claim. Applying a rational basis test in line with prior precedent, the court reasoned that the fact that Alabama does not disenfranchise all felons does not mean that Alabama has no rational basis for concluding that that disenfranchised felons who have completed their sentences and paid their LFOs are more likely to responsibly exercise the right to vote and therefore be more deserving of having their right to vote restored. The court also granted summary judgment on plaintiffs’ due process claim because, for the same reasons as the plaintiffs’ ex post facto claims, the court could not conclude that the disenfranchisement provision was unconstitutionally vague since they had notice of their disenfranchisement and thus were not deprived of due process. 505 F. Supp. 3d 1239.

The court denied the plaintiffs’ motion for partial summary judgment on their claim that Alabama’s mail-in voter registration form violates the NVRA. It reasoned that the NVRA provides that the Election Assistance Commission (EAC), a federal agency, shall develop a mail voter registration form for elections for Federal office and that this form must include a statement specifying each eligibility requirement. The defendant presented evidence that the EAC changed the instructions on the form in 2018 to provide that conviction of a felony of moral turpitude is a disqualification, referring to the Alabama Secretary of State’s website without listing each felony. In 2019, Alabama changed its form to also refer to the Secretary of State’s website, consistent with the federal form. The court found it appropriate to grant deference to the determination by the EAC that the language adopted in the federal form complied with the NVRA, thereby holding that the NVRA does not require a list of all disenfranchisement felonies.

On January 8, 2021, the plaintiffs filed an appeal in the United States Court of Appeals for the Eleventh Circuit. The Eleventh Circuit issued an order on April 26, 2023 affirming the district court’s order on similar grounds. 65 F. 4th 1288. As of February 16, 2024, the plaintiffs have not pursued further appeals.

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Summary Authors

Saeeda Joseph-Charles (11/15/2016)

Virginia Weeks (1/31/2018)

Bogyung Lim (6/3/2020)

Rita Elfarissi (2/16/2024)

People

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

Judge(s)

Attorney for Plaintiff

Amunson, Jessica Ring (District of Columbia)

Blacksher, James U. (Alabama)

Attorney for Defendant

Brasher, Andrew Lynn (Alabama)

Chynoweth, Brad A. (Alabama)

Expert/Monitor/Master/Other

Ayers, Marc James (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Doyle, Stephen Michael (Alabama)

Marks, Emily Coody (Alabama)

Watkins, William Keith (Alabama)

Attorney 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)

Attorney 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)

Expert/Monitor/Master/Other

Ayers, Marc James (Alabama)

Engelhardt, Todd (Alabama)

Weller, Christopher W. (Alabama)

Attorney Contact Information via CourtListener

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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 2017 WL 2017
75 2:16-cv-00783	Order	Sept. 28, 2017	Sept. 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 293 F.Supp.3d 293
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 428 F.Supp.3d 428
178 2:16-cv-00783	Memorandum Opinion and Order	Dec. 3, 2019	Dec. 3, 2019 Order/Opinion
194 2:16-cv-00783	Memorandum Opinion and Order Thompson v. Merrill	Jan. 24, 2020	Jan. 24, 2020 Order/Opinion 2020 WL 2020
212 2:16-cv-00783	Memorandum Opinion and Order Thompson v. Merrill	May 19, 2020	May 19, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Thompson v. Alabama CLC	Alabama prevents some people from ever voting again even after they have fully served their sentence while others are only able to restore their rights if they comply with a burdensome process. Alaba…	Dec. 3, 2019	Dec. 3, 2019 https://campaignlegal.org/...

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Docket

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

Last updated April 17, 2024, 3:13 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 View on PACER	Sept. 26, 2016	Sept. 26, 2016 Clearinghouse
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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 - Deposition Notice 30(b)(6) Office of the Secretary of State View on PACER 3 Exhibit 3 - Deposition Notice 30(b)(6) Board of Pardons and Paroles View on PACER 4 Exhibit 4 - Deposition Notice 30(b)(6) Association of the Boards of Registrars View on PACER	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 View on PACER	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 View on PACER 2 Exhibit B - Website View on PACER 3 Exhibit C - Agenda View on PACER	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 View on PACER 2 Exhibit B-Declaration of Clay Helms View on PACER 3 Exhibit C-Declaration of Brent Beal View on PACER 4 Exhibit D-Declaration of Phil Bryant View on PACER 5 Exhibit E-Declaration of George Noblin View on PACER 6 Exhibit F-Declaration of Angelique Pugh View on PACER 7 Exhibit F(12) (CD-being filed conventionally) View on PACER 8 Exhibit G-Declaration of James Donald Milligan View on PACER	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	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 View on PACER	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 Clearinghouse
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 Clearinghouse
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 Clearinghouse
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 View on PACER	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

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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

Closing Date: May 26, 2023

Case Ongoing: No reason to think so

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: Denied

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: