Case: Thomas v. Merrill

COMPLAINT against All Defendants filed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan.(DNW, ) (DNW, ). (Entered: 11/16/2021)

ORDER. The clerk shall transmit this order and a copy of the complaint to the Chief Judge of the United States Court of Appeals for the Eleventh Circuit, regarding empaneling a Three-Judge Panel. Signed by Judge Anna M Manasco on 11/16/2021. (FNC) (Entered: 11/16/2021)

WAIVER OF SERVICE Returned Executed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan. Jim McClendon waiver sent on 11/15/2021, answer due 1/14/2022; Chris Pringle waiver sent on 11/15/2021, answer due 1/14/2022. (Lawsen, Nicki) (Entered: 11/16/2021)

WAIVER OF SERVICE Returned Executed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan. John H. Merrill waiver sent on 11/16/2021, answer due 1/15/2022. (Lawsen, Nicki) (Entered: 11/16/2021)

ORDER DESIGNATION OF THREE-JUDGE COURT: I hereby designate District Judge Corey L. Maze and Circuit Judge Kevin C. Newsom to serve with the requesting judge, Judge Manasco, as members of the three-judge court to hear and decide the action.Signed by Judge William H. Pryor on 11/16/2021. (DNW, ) (Entered: 11/16/2021)

MOTION for Leave to Appear Pro Hac Vice for Davin Rosborough and Julie A. Ebenstein by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Declaration of Davin Rosborough, # 2 Declaration of Julie A. Ebenstein)(Faulks, LaTisha) (Entered: 11/17/2021)

NOTICE of Appearance by James W Davis on behalf of John H. Merrill (Davis, James) (Entered: 11/17/2021)

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John H. Merrill (Messick, Misty) (Entered: 11/17/2021)

NOTICE of Appearance by Andrew Reid Harris on behalf of John H. Merrill (Harris, Andrew) (Entered: 11/17/2021)

NOTICE of Appearance by Alexander Barrett Bowdre on behalf of John H. Merrill (Bowdre, Alexander) (Entered: 11/17/2021)

NOTICE of Appearance by Edmund Gerard LaCour on behalf of John H. Merrill (LaCour, Edmund) (Entered: 11/17/2021)

NOTICE of Appearance by Benjamin Matthew Seiss on behalf of John H. Merrill (Seiss, Benjamin) (Entered: 11/17/2021)

NOTICE of Appearance by J Dorman Walker on behalf of Jim McClendon, Chris Pringle (Walker, J) (Entered: 11/17/2021)

Corporate Disclosure Statement by John H. Merrill. filed by John H. Merrill (Davis, James) (Entered: 11/18/2021)

NOTICE of Appearance by Thomas Alexander Wilson on behalf of John H. Merrill (Wilson, Thomas) (Entered: 11/18/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Davin Rosborough and Julie Ebenstein to Appear Pro Hac Vice, Doc. 6, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/18/2021. (FNC) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice for Michael L. Turrill by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice for Harmony Gbe by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice for Shelita Stewart by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice for Blayne Thompson by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice for Jessica Ellsworth by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Exhibit B-Declaration)(Jackson, Sidney) (Entered: 11/18/2021)

ORDER Rule 16 Conference set for 11/23/2021 08:30 AM CST in Hugo L Black US Courthouse, Birmingham, AL. Signed by Judge Anna M Manasco on 11-18-2021. (TGC) (Entered: 11/18/2021)

MOTION for Leave to Appear Pro Hac Vice by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit Declaration of Leah Aden, # 2 Exhibit Declaration of Stuart Naifeh, # 3 Exhibit Declaration of Deuel Ross)(Lawsen, Nicki) (Entered: 11/18/2021)

PHV Fee paid: $ 75, receipt number 1126-3965027(B4601117023). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965025 (B4601117022). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3964211(B4601116998). (Faulks, LaTisha) Modified on 11/18/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965043(B4601117030). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965057 (B4601117040). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965022(B4601117021). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965045(B4601117031). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3964218(B4601116999). (Faulks, LaTisha) Modified on 11/18/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965020(B4601117020). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Filing Fee: Filing fee $ 402, receipt_number 1126-3964778(B4601117019). related document 1 COMPLAINT against All Defendants filed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan.(DNW, ) (DNW, ).. (Lawsen, Nicki) Modified on 11/18/2021 (DNW, ).

TEXT ORDER. Plaintiffs' Motion for Leave for David Dunn to Appear Pro Hac Vice, Doc. 17, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Michael Turrill to Appear Pro Hac Vice, Doc. 18, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Harmony Gbe to Appear Pro Hac Vice, Doc. 19, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Shelita Stewart to Appear Pro Hac Vice, Doc. 20, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Blayne Thompson to Appear Pro Hac Vice, Doc. 21, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Jessica Ellsworth to Appear Pro Hac Vice, Doc. 22, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Leah Aden, Stuart Naifeh, Deuel Ross to Appear Pro Hac Vice, Doc. 24, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

MOTION for Leave to Appear Pro Hac Vice by Liza Weisberg and Jack Genberg by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit Declaration of Liza Weisberg, # 2 Exhibit Declaration of Jack Genberg)(Short, Caren) (Entered: 11/19/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Liza Weisberg and Jack Genberg to Appear Pro Hac Vice, Doc. 32, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/19/2021. (FNC) (Entered: 11/19/2021)

RESPONSE to re 23 Order Setting Rule 16 Conference filed by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Rosborough, Davin) (Entered: 11/19/2021)

ORDER vacating 23 . Signed by Judge Anna M Manasco on 11-19-2021. (TGC) (Entered: 11/19/2021)

PHV Fee paid: $ 75, receipt number 1126-3965176 (B4601117037). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965408 (B4601117042). (Short, Caren) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965109 (B4601117033). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

PHV Fee paid: $ 75, receipt number 1126-3965(B4601117041). (Short, Caren) Modified on 11/19/2021 (DNW, ).

Corporate Disclosure Statement by Greater Birmingham Ministries. filed by Greater Birmingham Ministries (Jackson, Sidney) (Entered: 11/30/2021)

Corporate Disclosure Statement by Alabama State Conference of the NAACP. filed by Alabama State Conference of the NAACP (Jackson, Sidney) (Entered: 11/30/2021)

MOTION for Leave to Appear Pro Hac Vice for Kaitlin Welborn by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Declaration of Kaitlin Welborn)(Faulks, LaTisha) (Entered: 12/03/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Kaitlin Welborn to Appear Pro Hac Vice, Doc. 38, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 12/6/2021. (FNC) (Entered: 12/06/2021)

PHV Fee paid: $ 75, receipt number 1126-3973347 (B4601117301). (Faulks, LaTisha) Modified on 12/6/2021 (DNW, ).

MOTION for Recusal (Opposed) by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Affidavit of Davin Rosborough, # 2 Exhibit A - Merrill Deposition, # 3 Exhibit B - AL NAACP Deposition, # 4 Exhibit C - Simelton Deposition, # 5 Exhibit D - Douglas Deposition, # 6 Exhibit E - Hajnal Deposition, # 7 Exhibit F - Koussar Deposition, # 8 Exhibit G - Amicus Brief of Hon. Bob Riley in Nw. Austin Mun. Utility Dist. No. 1 v. Holder)(Rosborough, Davin) (Entered: 12/08/2021)

1 Affidavit of Davin Rosborough

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2 Exhibit A - Merrill Deposition

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3 Exhibit B - AL NAACP Deposition

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4 Exhibit C - Simelton Deposition

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5 Exhibit D - Douglas Deposition

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6 Exhibit E - Hajnal Deposition

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7 Exhibit F - Koussar Deposition

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8 Exhibit G - Amicus Brief of Hon. Bob Riley in Nw. Austin Mun. Utility Dist. No.

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TEXT ORDER: Setting Briefing Schedule on Plaintiffs' Opposed Motion for Recusal, Doc. 40 . Any response to the plaintiffs' motion is due within twenty-eight (28) days of this order. Any reply is due within fourteen (14) days of the date the response is filed. Signed by Judge Anna M Manasco on 12/8/2021. (DNW, ) (Entered: 12/08/2021)

MOTION for Leave to Appear Pro Hac Vice for Brittany Carter by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A-Declaration)(Lawsen, Nicki) (Entered: 12/14/2021)

TEXT ORDER. Plaintiffs' Motion for Leave for Brittany Carter to Appear Pro Hac Vice, Doc. 42, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 12/14/2021. (FNC) (Entered: 12/14/2021)

PHV Fee paid: $ 75, receipt number 1126-3978085 (B4601117460). (Lawsen, Nicki) Modified on 12/14/2021 (DNW, ).

NOTICE of Appearance by Kathryn Carden Sadasivan on behalf of All Plaintiffs (Sadasivan, Kathryn) (Entered: 12/20/2021)

RESPONSE in Opposition re 40 MOTION for Recusal (Opposed) filed by John H. Merrill. (LaCour, Edmund) (Entered: 12/30/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Recusal (Opposed) by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time)(Rosborough, Davin) (Entered: 01/08/2022)

TEXT ORDER. Plaintiffs Unopposed Motion to Extend Time to File Reply Brief in Support of Recusal, Doc. 46, is GRANTED. Signed by Judge Anna M Manasco on 1/8/22. (KMB) (Entered: 01/08/2022)

MOTION for Extension of Time to File Response/Reply by Jim McClendon, John H. Merrill, Chris Pringle. (Davis, James) (Entered: 01/10/2022)

TEXT ORDER. Defendants' Unopposed Motion for Extension of Time, Doc. 48, is GRANTED. Signed by Judge Anna M Manasco on 1/10/2022. (FNC) (Entered: 01/10/2022)

REPLY Brief filed by Plaintiffs Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas re: 40 MOTION for Recusal (Opposed) filed by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Rosborough, Davin) (Entered: 01/18/2022)

NOTICE of Appearance by Brenton Merrill Smith on behalf of John H. Merrill (Smith, Brenton) (Entered: 01/20/2022)

ANSWER to 1 Complaint by John H. Merrill.(Seiss, Benjamin) (Entered: 01/21/2022)

ANSWER to 1 Complaint by Jim McClendon, Chris Pringle.(Walker, J) (Entered: 01/21/2022)

AMENDED COMPLAINT against Jim McClendon, John H. Merrill, Chris Pringle, filed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan.(Rosborough, Davin) (Entered: 02/11/2022)

Consent MOTION to Amend/Correct 54 Amended Complaint by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Rosborough, Davin) (Entered: 02/23/2022)

Plaintiffs Consent Motion To File Second Amended Complaint, Doc. 55, is GRANTED. The Second Amended Complaint must be filed on or before FEBRUARY 28, 2022. Signed by Judge Anna M Manasco on 2-25-2022. (TGC) (Entered: 02/25/2022)

AMENDED COMPLAINT (Second Amended Complaint) against All Defendants, filed by Laquisha Chandler, Khadidah Stone, Greater Birmingham Ministries, Alabama State Conference of the NAACP, James Thomas, Evan Milligan.(Rosborough, Davin) (Entered: 02/25/2022)

MOTION to Dismiss by John H. Merrill. (Harris, Andrew) (Entered: 03/11/2022)

ORDER Defendants' motion for partial dismissal, Doc. 58, is HELD IN ABEYANCE pending the resolution by the Supreme Court of the redistricting cases pertaining to Alabama's congressional map, Nos. 21-1086 & 21-1087. Signed by Judge Anna M Manasco on 03/14/2022. (TGC) (Entered: 03/14/2022)

STATUS REPORT of Parties' Planning Meeting by Evan Milligan, Khadidah Stone, James Thomas. filed by Evan Milligan, Khadidah Stone, James Thomas (Rosborough, Davin) (Entered: 03/15/2022)

ORDER STAYING CASE. Signed by Judge Anna M Manasco on 3-21-2022. (TGC) (Entered: 03/21/2022)

MOTION for a Status Conference re 61 Order, Order Staying Case by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Rosborough, Davin) (Entered: 03/28/2022)

ORDER. Signed by Judge Anna M Manasco on 04/22/2022. (TGC) (Entered: 04/22/2022)

MOTION to Withdraw as Attorney Caren E. Short by Alabama State Conference of the NAACP, Laquisha Chandler, Greater Birmingham Ministries, Evan Milligan, Khadidah Stone, James Thomas. (Short, Caren) (Entered: 04/22/2022)

Set/Reset Hearings: Status Conference set for 5/20/2022 01:00 PM, 8th Floor Courtroom, Hugo L Black US Courthouse, Birmingham, AL before Circuit Judge Kevin Newsom and District Judges Anna M Manasco and Corey L. Maze. (FNC)

TEXT ORDER. The court GRANTS 64 . Attorney Caren Elaine Short terminated. Signed by Judge Anna M Manasco on 4/25/2022. (FNC) (Entered: 04/25/2022)

ORDER: Plaintiffs' motion to recuse 40 is DENIED. Signed by Judge Corey L Maze on 5/19/2022. (DNW) (Entered: 05/19/2022)

Minute Entry for proceedings held before Circuit Judge Kevin Newsom and US District Judges Anna M Manasco and Corey Maze: Status Conference held on 5/20/2022. (Court Reporter Teresa Roberson.) (FNC)