Case: Greater Birmingham Ministries v. Merrill

2:22-cv-00205 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 22, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2021, Greater Birmingham Ministries, an Alabama-based religious and civil rights organization whose mission includes voter registration assistance, submitted records requests to the Alabama Secretary of State, seeking the following: the list of all registered voters removed from the voter rolls after the 2020 election; and the list of applicants who were denied voter registration or removed from the voter rolls because of felony convictions going back at least two years. After waiting more…

In 2021, Greater Birmingham Ministries, an Alabama-based religious and civil rights organization whose mission includes voter registration assistance, submitted records requests to the Alabama Secretary of State, seeking the following:

  1. the list of all registered voters removed from the voter rolls after the 2020 election; and
  2. the list of applicants who were denied voter registration or removed from the voter rolls because of felony convictions going back at least two years.

After waiting more than 270 days, Greater Birmingham Ministries filed suit in the U.S. District Court for the Northern District of Alabama against Secretary of State Merrill on February 22, 2022, for violation of the National Voter Registration Act of 1993 (NVRA). Specifically, Plaintiff alleged in its complaint that Defendant failed to respond to the records requests in accordance with the NVRA by attempting to charge for release of the list of voters removed from the voter rolls and by outright refusing to release the list of voters denied registration due to felony status. Plaintiff sought declaratory and injunctive relief, including a court order requiring Defendant to provide the requested lists free of costs unrelated to photocopying. 

Defendant then filed motions to transfer venue and to dismiss the complaint. On April 13, 2022, Judge Abdul Kallon entered an order finding that jurisdiction was improper and transferring the case to the U.S. District Court for the Middle District of Alabama, where the case was assigned to Judge Myron Thompson. 2022 WL 2167616. Judge Kallon did not rule on the motion to dismiss, but instead left the motion pending to be disposed of by Judge Thompson.

On May 31, 2022, the court entered an order denying Defendant's motion to dismiss and instructing Plaintiff to file an amended complaint, which they did on June 2. Thereafter, Defendant filed another motion to dismiss. On June 23, 2022, the court entered an order denying this motion to dismiss as well.

Following a bench trial, on October 4, 2022, the court issued an opinion finding in favor of the Plaintiff. 2022 WL 5027180. The court entered judgment in favor of Plaintiff and enjoined and restrained Defendant from failing to provide the records sought. The court also gave the parties until November 22, 2022 to reach an agreement as to a reasonable fee for the records based on the actual costs incurred in their production. Defendant motioned for an expedited ruling as to the fees due for transmitting the records, which the court denied on October 31, 2022. 2022 WL 16550310. The same day, Defendant filed with the U.S. Court of Appeals for the Eleventh Circuit notice of appeal of both the October 4, 2022 opinion and the October 31, 2022 opinion. After the parties came to an agreement on costs, the district court entered final judgment on December 5, 2022. Defendant quickly filed an amended notice of appeal on December 9, 2022.

At the Eleventh Circuit, attorneys from the United States Department of Justice filed an amicus brief in support of Plaintiff and later intervened in the action, obtaining a court order to participate in oral argument. Oral argument in the appeal was scheduled for November 13, 2023.

The case is ongoing as of March 2024.

Summary Authors

Logan Moore (3/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63295775/parties/greater-birmingham-ministries-v-merrill/


Judge(s)

Kallon, Abdul K. (Alabama)

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-00228

Complaint for Declaratory and Injunctive Relief

U.S. District Court for the Northern District of Alabama

Feb. 22, 2022

Feb. 22, 2022

Complaint
34

2:22-cv-00205

Order

May 31, 2022

May 31, 2022

Order/Opinion
35

2:22-cv-00205

First Amended Complaint for Declaratory and Injunctive Relief

U.S. District Court for the Northern District of Alabama

June 2, 2022

June 2, 2022

Complaint
91

2:22-cv-00205

Judgment

Oct. 4, 2022

Oct. 4, 2022

Order/Opinion
90

2:22-cv-00205

Opinion

Oct. 4, 2022

Oct. 4, 2022

Order/Opinion

2022 WL 2022

113

2:22-cv-00205

Judgment

Dec. 5, 2022

Dec. 5, 2022

Order/Opinion

22-13708

Brief for the United States as Amicus Curiae Supporting Plaintiff-Appellee and Urging Affirmance on the Issues Addressed Herein

Greater Birmingham Ministries v. Secretary of State of the State of Alabama

U.S. Court of Appeals for the Eleventh Circuit

March 20, 2023

March 20, 2023

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63295775/greater-birmingham-ministries-v-merrill/

Last updated April 11, 2024, 9:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John H Merrill, filed by Greater Birmingham Ministries. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(AKD) [Transferred from alnd on 4/27/2022.] (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER

Filing fee: $ 402.00, receipt number B4601118672 (AKD) [Transferred from alnd on 4/27/2022.]

Feb. 23, 2022

Feb. 23, 2022

PACER
2

Summons Issued as to John H Merrill. Returned to Plaintiff for service. (AKD) [Transferred from alnd on 4/27/2022.] (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
3

SUMMONS Returned Executed by Greater Birmingham Ministries. All Defendants. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER

Set/Reset Deadlines: Answer due 3/16/2022. (AKD) [Transferred from alnd on 4/27/2022.]

Feb. 23, 2022

Feb. 23, 2022

PACER
4

MOTION for Leave to Appear pro hac vice by Greater Birmingham Ministries. (Attachments: # 1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER

PHV Fee paid: $ 75, receipt number AALNDC-4026084(ALND receipt# B4601118757). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]

March 1, 2022

March 1, 2022

PACER
5

MOTION for Leave to Appear pro hac vice Blair Bowie by Greater Birmingham Ministries. (Attachments: # 1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER

PHV Fee paid: $ 75, receipt number AALNDC-4026110 (ALND receipt# B4601118790). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]

March 1, 2022

March 1, 2022

PACER
6

MOTION for Leave to Appear pro hac vice Alice Huling by Greater Birmingham Ministries. (Attachments: # 1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER

PHV Fee paid: $ 75, receipt number AALNDC-4026118 (ALND receipt# B4601118799). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]

March 1, 2022

March 1, 2022

PACER
7

MOTION for Leave to Appear pro hac vice Valencia Richardson by Greater Birmingham Ministries. (Attachments: # 1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER

PHV Fee paid: $ 75, receipt number AALNDC-4026127 (ALND receipt# B4601118800). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]

March 1, 2022

March 1, 2022

PACER
8

ORDER GRANTING 4, 5, 6, 7 Motions for Leave to Appear Pro Hac Vice of Danielle M. Lang, Blair Bowie, Alice Huling and Valencia Richardson. Signed by Judge Abdul K Kallon on 03/03/2022. (AKD) [Transferred from alnd on 4/27/2022.] (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
9

MOTION to Change Venue by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.] (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
10

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John H Merrill (Messick, Misty) [Transferred from alnd on 4/27/2022.] (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
11

NOTICE of Appearance by James W Davis on behalf of John H Merrill (Davis, James) [Transferred from alnd on 4/27/2022.] (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
12

MOTION to Dismiss by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.] (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
13

BRIEFING SCHEDULE re 12 MOTION to Dismiss filed by John H Merrill; Plaintiff's response is due by March 28, 2022, defendants reply, if any, is due by April 4,2022. The parties are reminded of the briefing schedule outlined in Appendix III attached hereto. Signed by Judge Abdul K Kallon on 03/17/2022. (AKD) [Transferred from alnd on 4/27/2022.] (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
14

RESPONSE in Opposition re 9 MOTION to Change Venue filed by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
15

RESPONSE to Motion re 9 MOTION to Change Venue filed by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.] (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
16

MOTION for Leave to File Excess Pages by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
17

ORDER GRANTING 16 Motion for Leave to File Excess Pages; The page limit for Greater Birmingham Ministries' response to Secretary Merrill's motion to dismiss is extended to twenty-four (24) pages. Secretary Merrill's reply is limited to five (5) pages, which is the courts standard page limit. Signed by Judge Abdul K Kallon on 03/25/2022. (AKD) [Transferred from alnd on 4/27/2022.] (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
18

RESPONSE in Opposition re 12 MOTION to Dismiss filed by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.] (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
19

REPLY to Response to Motion re 12 MOTION to Dismiss (Secretary of State's Reply in Support of His Motion to Dismiss) filed by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.] (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
20

ORDER transferring case to another district: ORDER transferring case to the Middle District of Alabama; original electronic record and certified copy of docket entries will be sent electronically to Clerk of Court 10 business days from this date. Signed by Judge Abdul K Kallon on 04/13/2022. (AKD). [Transferred from alnd on 4/27/2022.] (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
21

Case transferred in from District of Alabama Northern; Case Number 2:22-cv-00228. Original file certified copy of transfer order and docket sheet received. (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
22

Motion to Appear Pro Hac Vice for Attorney Blair Bowie ( Filing fee $ 75.00 receipt number BALMDC-3217931.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: # 2 REDACTED version of main document) (bes, ). (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
23

Motion to Appear Pro Hac Vice for Attorney Alice C.C. Huling ( Filing fee $ 75.00 receipt number AALMDC-3217940.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: # 2 REDACTED version of main document) (bes, ). (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
24

Motion to Appear Pro Hac Vice for Attorney Danielle M. Lang ( Filing fee $ 75.00 receipt number AALMDC-3217945.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: # 2 REDACTED version of main document) (bes, ). Modified on 5/9/2022 (bes, ). (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
25

Motion to Appear Pro Hac Vice for Attorney Valencia Richardson ( Filing fee $ 75.00 receipt number AALMDC-3217946.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: # 2 REDACTED version of main document) (bes, ). (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER

***PURSUANT TO THE 22, 23, 24, & 25 PHV MOTIONS - Attorney Blair S. Bowie, Alice C.C. Huling, Danielle Marie Lang, Valencia Vashea Richardson for Greater Birmingham Ministries added. (No PDF attached to this entry) (bes, )

May 9, 2022

May 9, 2022

PACER
26

TEXT ORDER granting 24 Motion for Leave to Appear Pro Hac Vice for Attorney Danielle M. Lang. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
27

TEXT ORDER granting 23 Motion for Leave to Appear Pro Hac Vice for Attorney Alice C.C. Huling. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
28

TEXT ORDER granting 22 Motion for Leave to Appear Pro Hac Vice for Attorney Blair Bowie. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
29

TEXT ORDER granting 25 Motion for Leave to Appear Pro Hac Vice for Attorney Valencia Richardson. Signed by Honorable Judge Myron H. Thompson on 5/6/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 9, 2022

May 9, 2022

PACER
30

ORDER: it is ORDERED that oral argument on the 12 motion to dismiss is set for 5/16/2022, at 10 AM, via videoconference; The courtroom deputy shall arrange for the videoconference. Signed by Honorable Judge Myron H. Thompson on 5/10/2022. (Furn: calendar, ag) (bes, ) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
31

Unopposed MOTION to Reschedule Oral Argument re 30 Order by Greater Birmingham Ministries. (Lang, Danielle) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
32

ORDER granting 31 Unopposed MOTION to Reschedule Oral Argument; the oral argument on the 12 motion to dismiss, currently set for 5/16/2022, is continued to 5/31/2022, at 1 p.m., via videoconference; The courtroom deputy shall arrange for the videoconference. Signed by Honorable Judge Myron H. Thompson on 5/12/2022. (Furnished: Calendar & AG) (Terminated: Oral Argument for 5/16/2022)(amf, ) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
33

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 5/31/2022 re 12 MOTION to Dismiss filed by John H. Merrill (PDF available for court use only). (Court Reporter Blanton Callen.) (ag, ) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
34

ORDER: it is ORDERED that: (1) Defendant John H. Merrill's motion to dismiss (Doc. 12 ) is denied. The legal arguments are carried with the case. (2) Plaintiff Greater Birmingham Ministries is to file an amended complaint, as set forth during oral argument today, by 6/2/2022. (3) The parties, after conferring with each other and attempting to reach an agreement, are to submit, by 6/7/2022, a proposal or proposals for expedited discovery. Signed by Honorable Judge Myron H. Thompson on 5/31/2022. (cwl, ) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

Clearinghouse
35

FIRST AMENDED COMPLAINT for Declaratory & Injunctive Relief against John H. Merrill, filed by Greater Birmingham Ministries.(Lang, Danielle) Modified on 6/3/2022 to clarify text as reflected in pleading (am, ). (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

Clearinghouse
36

REPORT of Rule 26(f) Planning Meeting. (Messick, Misty) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
37

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENTS RE: MOTION TO DISMISS Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/31/2022, before Judge Myron H. Thompson; Court Reporter/Transcriber Blanton Callen, Telephone number 334-412-3507; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 6/28/2022; Redacted Transcript Deadline set for 7/8/2022; Release of Transcript Restriction set for 9/6/2022. (wcl, ) (Entered: 06/08/2022)

June 7, 2022

June 7, 2022

PACER
38

Motion for Christopher Lapinig to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3238360.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 6/14/2022 to add attorney's name to text (cwl, ). (Additional attachment(s) added on 6/14/2022: # 2 Certificate of Service) (cwl, ). (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER

***PURSUANT TO THE 38 MOTION - Attorney Christopher Lapinig for Greater Birmingham Ministries added. (No pdf attached to this entry) (cwl, )

June 14, 2022

June 14, 2022

PACER
39

MOTION to Dismiss Count 1 by John H. Merrill. (Seiss, Benjamin) Modified on 6/16/2022 to clarify text as reflected in pleading (am, ). (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

RECAP
40

ORDER: Plaintiff Greater Birmingham Ministries (GBM) has sued defendant John H. Merrill, the Secretary of State of Alabama, under the National Voter Registration Act, 52 U.S.C. 20501 et seq., alleging that he violated its rights under the Act by refusing to provide it with certain information regarding the maintenance of Alabama's voter rolls. This cause is before the court for consideration of the parties' proposals for expedited discovery and pretrial and trial dates (Doc. 36 ). Having considered the proposals, the court will adopt a combination of the deadlines proposed by both parties, and set trial for 7/28/2022, with discovery to proceed as ordered below and further set out in the order. It is ORDERED as follows: (1) This cause is set for Non-Jury Trial on July 28, 2022 at 10:00 AM, in Courtroom 2FMJ of the FMJJ/USCC in Montgomery, AL before Honorable Judge Myron H. Thompson. (2) A pretrial conference is scheduled for July 13, at 10:00 AM, by videoconference. The courtroom deputy shall make the necessary arrangements. (3) Plaintiff GBM shall be allowed the amount of time it requested to depose defendant Merrill--namely three hours, see Parties' Proposals for Expedited Discovery (Doc. 36 ) at 7 as further set out in the order. (4) Discovery shall commence on June 20 and shall be completed on or before July 8. (5) The parties shall disclose to each other the identity of ANY person who may be used at trial to present evidence as further set out in the order by July 14. (6) No later than July 14, each party shall, pursuant to the provisions of FRCP 26(a)(3), file a list of all its witnesses as further set out in the order. (7) No later than July 14, the parties shall, pursuant to the provisions of FRCP 26(a)(3), file deposition designations that the parties expect to use at trial as further set out in the order. The offering party shall file a written response to objections no later than July 26. (8) No later than July 14, the parties shall, pursuant to the provisions of FRCP 26(a)(3), file exhibit list as further set out in the order. Objections shall be filed by July 21, and shall set forth the grounds and legal authorities. The offering party shall file a written response to the objections no later than July 26 and shall include a pre-marked copy of the evidence at issue. Signed by Honorable Judge Myron H. Thompson on 6/16/2022. Furnished calendar, AG, Video conference. (dmn, ) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
41

ORDER: It is ordered that plaintiff Greater Birmingham Ministries is to respond to defendant John H. Merrill's 39 motion to dismiss by 6/21/2022. Signed by Honorable Judge Myron H. Thompson on 6/17/2022. (am, ) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
42

MOTION for Reconsideration re 40 Order, by John H. Merrill. (Messick, Misty) Modified on 6/21/2022 to clean up text (cwl, ). (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
43

ORDER: it is ORDERED that defendant Merrill's 42 motion for reconsideration is granted to the extent that defendant Merrill shall be allowed three hours in which to depose a representative of plaintiff Greater Birmingham Ministries. Signed by Honorable Judge Myron H. Thompson on 6/21/2022. (am, ) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
44

BRIEF/MEMORANDUM in Opposition re 39 MOTION to Dismiss filed by Greater Birmingham Ministries. (Lang, Danielle) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
45

Amended Motion for Admission of Christopher Lapinig Pro Hac Vice 38 Motion for Christopher Lapinig to Appear Pro Hac Vice (Filing fee $75.00 receipt number AALMDC-3238360.) by Greater Birmingham Ministries. (McGuire, Joseph) Modified on 6/22/2022 to correct motion event & add PHV attorney's name (am, ). (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
46

TEXT ORDER: GRANTING the 45 Amended Motion for Admission of Christopher Lapinig Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 6/22/2022. (NO PDF attached to this entry) (am, ) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
47

TEXT ORDER: DENYING as moot the 38 Motion for Christopher Lapinig to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 6/22/2022. (NO PDF attached to this entry) (am, ) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
48

REPLY to Response to Motion re 39 MOTION to Dismiss filed by John H. Merrill. (Seiss, Benjamin) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 22, 2022

June 22, 2022

PACER
49

ORDER: DENYING the 39 Second Motion to Dismiss, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 6/23/2022. (am, ) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

RECAP
50

Motion for Admission of Mark P. Gaber Pro Hac Vice (Filing fee $75.00 receipt number BALMDC-3251008.) by Greater Birmingham Ministries. (Attachments: # 1 Exhibit 1)(McGuire, Joseph) Modified on 7/7/2022 to add PHV attorney's name(am, ). (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER

***Pursuant to the 50 Motion - Attorney Mark Peter Gaber for Greater Birmingham Ministries added. (NO PDF attached to this entry) (am, )

July 7, 2022

July 7, 2022

PACER
51

TEXT ORDER: GRANTING the 50 Motion for Admission of Mark P. Gaber Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 7/7/2022. (NO PDF attached to this entry) (am, ) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
52

ANSWER to 35 Amended Complaint by John H. Merrill.(Messick, Misty) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 7, 2022

July 7, 2022

PACER
53

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Greater Birmingham Ministries; Corporate Disclosures due by 7/18/2022. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
54

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to John H. Merrill; Corporate Disclosures due by 7/18/2022. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
55

Corporate/Conflict Disclosure Statement by John H. Merrill re 54 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Messick, Misty) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
56

Corporate/Conflict Disclosure Statement by Greater Birmingham Ministries re 53 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Richardson, Valencia) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
57

Witness List by John H. Merrill. (Messick, Misty) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
58

Deposition Designations by John H. Merrill.. (Messick, Misty) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
59

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Pretrial Conference held on 7/13/2022 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
60

PRETRIAL ORDER: it is ORDERED as follows: (1) The parties shall attempt to agree upon and file any joint stipulations by 7/18/2022; (2) By 7/20/2022, at 5:00 p.m., plaintiff Greater Birmingham Ministries ("GBM") shall file a pretrial brief, as further set out in Order; (3) By 7/25/2022, at 5:00 p.m., defendant Merrill shall file a response; Plaintiff GBM may file a reply a day later at 5:00 p.m., but it is not required to; (4) Trial shall be by videoconference and shall begin at 10:00 a.m. on 7/28/2022. The courtroom deputy shall make the necessary arrangements; (5) Prior to trial, the parties shall make all necessary arrangements with the courtroom deputy for the presentation of exhibits. Signed by Honorable Judge Myron H. Thompson on 7/13/2022. (Furnished: Calendar, Video, & AG; Term: 7/28/22 - in person trial)(am, ) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
61

Exhibit List by John H. Merrill.. (Attachments: # 1 (Exhibit Form))(Messick, Misty) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
62

Joint Exhibit List by John H. Merrill & Greater Birmingham Ministries. (Attachments: # 1 (Exhibit Form))(Messick, Misty) Modified on 7/15/2022 to add joint filer (am, ). (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
63

Deposition Designations by Greater Birmingham Ministries.. (Lang, Danielle) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
64

Witness List by Greater Birmingham Ministries. (Lang, Danielle) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
65

Exhibit List by Greater Birmingham Ministries.. (Lang, Danielle) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
66

Consent MOTION to Amend/Correct 65 Exhibit List by Greater Birmingham Ministries. (Attachments: # 1 Appendix Proposed Amended Exhibit List)(Lang, Danielle) (Entered: 07/15/2022)

1 Appendix Proposed Amended Exhibit List

View on PACER

July 15, 2022

July 15, 2022

PACER
67

TEXT ORDER: GRANTING the 66 Unopposed Motion to Amend its Exhibit List. Signed by Honorable Judge Myron H. Thompson on 7/18/2022. (NO PDF attached to this entry) (am, ) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
68

Notice Concerning Deposition Designations by John H. Merrill.. (Messick, Misty) Modified on 7/18/2022 to clarify text (am, ). (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
69

Joint STIPULATIONS by John H. Merrill & Greater Birmingham Ministries. (Messick, Misty) Modified on 7/19/2022 to clarify text & joint filer (am, ). (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER

Order on Motion to Amend/Correct

July 18, 2022

July 18, 2022

PACER
70

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 7/13/2022, before Judge Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 8/10/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/18/2022. (am, ) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
71

PRETRIAL BRIEF by Greater Birmingham Ministries. (Lang, Danielle) Modified on 7/21/2022 to clarify text(am, ). (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
72

NOTICE of Filing Trial Exhibits and Depositions re 71 Trial Brief by Greater Birmingham Ministries (Attachments: # 1 Exhibit Plaintiff's Exhibit 1, # 2 Exhibit Plaintiff's Exhibit 2, # 3 Exhibit Plaintiff's Exhibit 3, # 4 Exhibit Plaintiff's Exhibit 4, # 5 Exhibit Plaintiff's Exhibit 5, # 6 Exhibit Plaintiff's Exhibit 6, # 7 Exhibit Plaintiff's Exhibit 7, # 8 Exhibit Plaintiff's Exhibit 8, # 9 Exhibit Plaintiff's Exhibit 9, # 10 Exhibit Plaintiff's Exhibit 10, # 11 Exhibit Plaintiff's Exhibit 11, # 12 Exhibit Plaintiff's Exhibit 12, # 13 Exhibit Plaintiff's Exhibit 13, # 14 Exhibit Plaintiff's Exhibit 14, # 15 Exhibit Plaintiff's Exhibit 15, # 16 Exhibit Plaintiff's Exhibit 16, # 17 Exhibit Plaintiff's Exhibit 17, # 18 Exhibit Plaintiff's Exhibit 18, # 19 Exhibit Plaintiff's Exhibit 19, # 20 Exhibit Plaintiff's Exhibit 20, # 21 Exhibit Plaintiff's Exhibit 21, # 22 Exhibit Plaintiff's Exhibit 22, # 23 Exhibit Plaintiff's Exhibit 23, # 24 Exhibit Plaintiff's Exhibit 24, # 25 Exhibit Plaintiff's Exhibit 25, # 26 Exhibit Plaintiff's Exhibit 26, # 27 Exhibit Plaintiff's Exhibit 27, # 28 Exhibit Plaintiff's Exhibit 28, # 29 Exhibit Plaintiff's Exhibit 29, # 30 Exhibit Plaintiff's Exhibit 30, # 31 Exhibit Plaintiff's Exhibit 31, # 32 Exhibit Plaintiff's Exhibit 32, # 33 Exhibit Plaintiff's Exhibit 33, # 34 Exhibit Plaintiff's Exhibit 34, # 35 Exhibit Plaintiff's Exhibit 35, # 36 Exhibit Plaintiff's Exhibit 36, # 37 Exhibit Plaintiff's Exhibit 37, # 38 Exhibit Plaintiff's Exhibit 38, # 39 Exhibit Plaintiff's Exhibit 39, # 40 Exhibit Plaintiff's Exhibit 40, # 41 Exhibit Plaintiff's Exhibit 41, # 42 Exhibit Plaintiff's Exhibit 42, # 43 Exhibit Plaintiff's Exhibit 43, # 44 Exhibit Plaintiff's Exhibit 44, # 45 Exhibit Plaintiff's Exhibit 45, # 46 Exhibit Plaintiff's Exhibit 46, # 47 Exhibit Plaintiff's Exhibit 47, # 48 Exhibit Plaintiff's Exhibit 48, # 49 Exhibit Plaintiff's Exhibit 49, # 50 Exhibit Plaintiff's Exhibit 50, # 51 Exhibit Plaintiff's Exhibit 51, # 52 Exhibit Plaintiff's Exhibit 52, # 53 Exhibit Plaintiff's Exhibit 53, # 54 Exhibit Plaintiff's Exhibit 54, # 55 Exhibit Plaintiff's Exhibit 55, # 56 Exhibit Joint Exhibit 1, # 57 Exhibit Joint Exhibit 2, # 58 Exhibit Joint Exhibit 3, # 59 Exhibit Joint Exhibit 4, # 60 Exhibit Joint Exhibit 5, # 61 Exhibit Joint Exhibit 6, # 62 Exhibit Joint Exhibit 7, # 63 Exhibit Joint Exhibit 8, # 64 Exhibit Joint Exhibit 9, # 65 Exhibit Joint Exhibit 10, # 66 Exhibit Joint Exhibit 11, # 67 Exhibit Joint Exhibit 12, # 68 Exhibit Joint Exhibit 13, # 69 Exhibit Joint Exhibit 14, # 70 Exhibit Joint Exhibit 15, # 71 Exhibit Joint Exhibit 16, # 72 Exhibit Joint Exhibit 17, # 73 Exhibit Joint Exhibit 18, # 74 Exhibit Joint Exhibit 19, # 75 Exhibit Joint Exhibit 20, # 76 Exhibit Joint Exhibit 21, # 77 Exhibit Deposition Transcript of Dori Miles, # 78 Exhibit Deposition Transcript of Scott Douglas, # 79 Exhibit Deposition Transcript of Clay Helms)(Lapinig, Christopher) Modified on 7/22/2022 (am, ). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
73

Responsive and Fed. R. Civ. P. 32(a)(6) Deposition Designations by John H. Merrill. (Messick, Misty) Modified on 7/22/2022 to clarify text (am, ). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
74

Objection to 61 Exhibit List filed by Greater Birmingham Ministries. (Lapinig, Christopher) (Main Document 74 replaced on 7/22/2022 to correct main pdf previously attached by e-filer) (am, ). Modified on 7/22/2022 to clarify text (am, ). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
75

Deposition Designations by Greater Birmingham Ministries.. (Lapinig, Christopher) Modified on 7/22/2022 to clarify text (am, ). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
76

Objection to re 65 Exhibit List filed by John H. Merrill. (Messick, Misty) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
77

NOTICE of Correction re 74 Objection to correct main pdf previously attached by e-filer. (Attachments: # 1 Corrected Main Document 74 )(am, ) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER
78

Deposition Transcripts by John H. Merrill.. (Attachments: # 1 Exhibit Fed. R. Civ. P. 30(b)(6) deposition of the Secretary of States office by representative Clay S. Helms, # 2 Exhibit Fed. R. Civ. P. 30(b)(6) deposition of Greater Birmingham Ministries by representative Dori Miles (original version), # 3 Exhibit Fed. R. Civ. P. 30(b)(6) deposition of Greater Birmingham Ministries by representative Scott Douglas)(Messick, Misty) Modified on 7/25/2022 to clarify text (am, ). (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
79

Exhibit List Secretary of State's Trial Exhibits by John H. Merrill.. (Attachments: # 1 Exhibit Federal Election Commission Implementing the National Voter Registration Act of 1993: Requirements, Issues, Approaches, and Examples (Jan. 1, 1994), # 2 Exhibit Federal Election Commission Innovations in Election Administration: Election Document Retention in an Age of High Technology (April 1994), # 3 Exhibit Election Assistance Commission Election Administration and Voting Survey 2020 Comprehensive Report, # 4 Exhibit Department of Justice website National Voter Registration Act of 1993 Questions and Answers, # 5 Exhibit Preclearance file for Ala. Act No. 1994-826, # 6 Exhibit Ala. Act No. 1989-649, # 7 Exhibit Ala. Act No. 1963-558, # 8 Exhibit Ala. Act No. 1990-184, # 9 Exhibit Congressional Research Service Voter Registration Records and List Maintenance for Federal Elections (Oct. 21, 2021), # 10 Exhibit National Conference of State Legislatures Access To and Use of Voter Registration Lists (Jan. 3, 2022), # 11 Exhibit Excerpts of National Association of State Election Directors survey version 1 (only empty columns deleted), # 12 Exhibit Excerpts of National Association of State Election Directors survey version 2 (empty columns deleted, Respondent ID, Collector ID, Start Date, End Date & IP Address deleted), # 13 Exhibit GBM 2021 Income, Expenses, Balance, # 14 Exhibit Secretary of States Objections and Answers to Plaintiff Greater Birmingham Ministries Interrogatories, # 15 Exhibit Board of Registrars Handbook, # 16 Exhibit Alabama Election Handbook (20th edition 2021-2022), # 17 Exhibit Email from Jeff Elrod to Boards of Registrars updated Pardons and Paroles poster, # 18 Exhibit Pardons and Paroles poster, # 19 Exhibit Dear Registrars re: Ala. Act No. 2017-378, # 20 Exhibit Secretary of States Public Inspection of Voter Registration Information, # 21 Exhibit Secretary of States Voter Information Fee Schedule (2015), # 22 Exhibit Initial NVRA Mailer, # 23 Exhibit Voter Removal Request (NVRA-25), # 24 Exhibit Report of Voters Change of Residence or Death, # 25 Exhibit NVRA-96 form, # 26 Exhibit Memorandum Opinion and Order in HAVA litigation, United States v. State of Alabama, doc. 64 (Aug. 8, 2006)., # 27 Exhibit Final Order and Judgment in HAVA litigation, United States v. State of Alabama, doc. 160 (Sept. 18, 2008), # 28 Exhibit Defendant Brian Kemps Notice to Court Regarding Disclosures in Project Vote v. Kemp, doc. 41 (Oct. 4, 2016), # 29 Exhibit Defendant Brian Kemps Brief in Support of Defendants Motion to Dismiss for Lack of Jurisdiction in Project Vote v. Kemp, doc. 50-1 (Jan. 13, 2017), # 30 Exhibit Declaration of S. Merritt Beaver in Project Vote v. Kemp, doc. 50-2 (Jan. 13, 2017), # 31 Exhibit Plaintiffs Opposition to Defendants Motion to Dismiss for Lack of Jurisdiction in Project Vote v. Kemp, doc. 56 (Mar. 3, 2017), # 32 Exhibit Joint Notice of Settlement in Principle in Project Vote v. Kemp, doc. 65 (Apr. 14, 2017), # 33 Exhibit Stipulation of Dismissal with Prejudice in Project Vote v. Kemp, doc. 67 (June 1, 2017), # 34 Exhibit Letter from Senior Counsel to the Virginia Attorney General (Sept. 23, 2009), # 35 Exhibit Order in Thompson v. State of Alabama, doc. 60 (July 5, 2017), # 36 Exhibit Voter Registration Fund expenditure report, BFY 2020, # 37 Exhibit Voter Registration Fund expenditure report, BFY 2021, # 38 Exhibit Voter Registration Fund expenditure report, BFY 2022, # 39 Exhibit Salary information for Laural A. Bunn, # 40 Exhibit Interagency Agreement for training Boards of Registrars, # 41 Exhibit Interagency Agreement for training Boards of Registrars, # 42 Exhibit Email from Clay Helms to Seth Levi at SPLC (Feb. 21, 2018), # 43 Exhibit Email from Jeff Elrod to Boards of Registrars Public Records Request (Oct. 13, 2021), # 44 Exhibit Email from Voter Reference Foundation (June 13, 2022), # 45 Exhibit Email from Voter Reference Foundation requesting data (July 7, 2022), # 46 Exhibit Email to Voter Reference Foundation (July 8, 2022), # 47 Exhibit PowerProfile Registrant Detail)(Messick, Misty) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
80

PRETRIAL BRIEF by John H. Merrill. (Messick, Misty) Modified on 7/26/2022 to clarify text (am, ). (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
81

REPLY BRIEF re 80 Trial Brief filed by Greater Birmingham Ministries. (Lapinig, Christopher) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
82

RESPONSE in Opposition re 76 Objection to Plaintiff's Trial Exhibit List by Greater Birmingham Ministries. (Richardson, Valencia) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
83

Response to 74 Objection to Objections to Trial Exhibits, filed by John H. Merrill. (Attachments: # 1 Exhibit 11 NASED survey - version 1, # 2 Exhibit 12 NASED survey - version 2)(Messick, Misty) Modified on 7/27/2022 to remove incorrect linkage & clarify text(am, ). (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
84

TEXT ORDER: setting closing arguments from the non-jury trial for 7/29/2022 at 10:00 AM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/28/2022. (furn: ag, calendar, videoconference)(cwl, ) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER

~Util - Set Hearings AND Order

July 28, 2022

July 28, 2022

PACER

Order AND ~Util - Set Hearings

July 28, 2022

July 28, 2022

PACER

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Non-Jury Trial begun on 7/29/2022 (No PDF attached, See Final Minute Entry). (Court Reporter Blanton Callen.) (ag, )

July 29, 2022

July 29, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Feb. 22, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A multi-faith religious organization that seeks to promote civil rights in Alabama.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Document/information produced

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Recordkeeping

Required disclosure

Issues

Voting:

Voting: General & Misc.