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Case: Greater Birmingham Ministries v. State of Alabama

2:15-cv-02193 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 2, 2015

Closed Date: Jan. 10, 2018

Clearinghouse coding complete

Case Summary

This case is about Alabama House Bill 19 ("HB 19"). HB 19 required voters to present photographic identification in order to vote, with exceptions that include if an election worker could "positively identify" a potential voter. While the bill passed in 2011, the law did not take effect until 2014. On December 2nd, 2015, the Alabama chapter of the NAACP and Greater Birmingham Ministries filed this lawsuit in the U.S. District Court for the Northern District of Alabama against the State of Alaba…

This case is about Alabama House Bill 19 ("HB 19"). HB 19 required voters to present photographic identification in order to vote, with exceptions that include if an election worker could "positively identify" a potential voter. While the bill passed in 2011, the law did not take effect until 2014. On December 2nd, 2015, the Alabama chapter of the NAACP and Greater Birmingham Ministries filed this lawsuit in the U.S. District Court for the Northern District of Alabama against the State of Alabama and four state officials in their official capacity to enjoin the State from implementing HB 19. The Plaintiffs sued the state under Sections 2 and 201 of the Voting Rights Act, 52 U.S.C. § 10301 and also claimed the state violated the 14th and 15th Amendment rights of Alabama citizens under 42 U.S.C. §1983. Under these claims, plaintiffs sought declaratory and injunctive relief, asking the courts to enjoin enforcement of the law. Plaintiffs also sought attorney’s fees. Chief Judge L. Scott Coogler presided over the case. 

On January 8th, 2016, the plaintiffs filed a motion for a preliminary injunction, seeking to modify a portion of the law allowing voting after sufficient identification by an election official shortly after their initial complaint. Specifically, plaintiffs asked the court to force the state to accept non-photographic identification as sufficient identification. Judge Coogler denied this motion on February 17th, 2016. In his opinion, Judge Coogler held that the burden of obtaining an ID was not high enough to be considered a deterrent and that the claims alleging violation of Section 2 of the Voting Rights Act would not be likely to succeed on the merits. Judge Coogler also wrote that the claims alleging violation of Section 201 of the Voting Rights Act would fail on the merits. The court held that the "positively identify" provision in HB 19 was a fallback option and not a mandatory process, differentiating it from tests prohibited by Section 201. In addition, Judge Coogler held that failing to enjoin Alabama from enforcing the law would create irreparable harm: plaintiffs’ only harm would be monetary, and thus quantifiable and reparable. 

Plaintiffs filed an amended complaint on December 6th, 2016. The amended complaint had two major additions. First, the new complaint added four individual plaintiffs who were unable to vote in previous elections due to HB 19. Second, the plaintiffs sought an injunction forcing the state to reopen ID-creating offices in addition to the already requested relief. 

During the discovery period, all defendants other than the Secretary of State sought dismissal for lack of standing. Judge Coogler agreed and on March 1st, 2017, dismissed the case against the Governor, the Attorney General, and the state officer responsible for ID card offices on jurisdictional and sovereign immunity grounds. Judge Coogler also dismissed the case against the State of Alabama due to its sovereign immunity. Separately, the Secretary of State argued for a dismissal on the merits. Judge Coogler denied this motion to dismiss on April 6th, 2017 and opined that the circumstantial evidence provided in the complaint was sufficient to proceed. 

At the close of discovery, both sides sought summary judgment. Plaintiffs sought summary judgment that the Secretary of State violated Section 201 of the Voting Rights Act and that the "positively identify" provision was unconstitutional, while the defendant sought a summary judgment on all counts. The court denied plaintiffs' motion and granted the defendant's motion in full on January 10th, 2018. Judge Coogler first addressed plaintiffs’ Fourteenth and Fifteenth Amendment claims. Judge Coogler wrote that plaintiffs must prove both that HB 19 was designed with racist intent to deprive citizens their right to vote and that HB 19 was in fact discriminatory. In his opinion Judge Coogler noted that the ease with which any citizen could obtain a valid ID was not dependent on the citizen's race, and this lack of discrimination indicated that there was no violation of due process and that there was no racial discrimination against possible voters. The opinion did not examine the intent of legislators in enacting the bill. The opinion then turned to plaintiffs’ claims under Section 2 of the Voting Rights Act  Judge Coogler wrote that despite the disparate rates of ID ownership among different racial and ethnic groups, obtaining an acceptable ID was such a low burden that HB 19 did not discriminate against these groups in practice. Finally, Judge Coogler wrote that the "positively identify" provision was not a prohibited test in violation with Section 201 of the Voting Rights Act, reiterating his opinion that the provision was not a primary method to enable voting, but was instead a "fail-safe" designed to protect those who might be missing the prescribed identification methods. 

Plaintiffs promptly appealed the judgment to the Eleventh Circuit on January 23rd, 2018. The case was assigned to Circuit Judges Elizabeth Branch and Ed Carnes and District Court Judge Darrin Gayles, sitting by designation. The panel released their opinion affirming summary judgment by a 2-1 decision on July 21st, 2020. This opinion was vacated sua sponte and replaced by a nearly identical opinion on April 9th, 2021. Judge Branch affirmed the reasoning set forth by Judge Coogler regarding plaintiffs’ constitutional claims: Plaintiffs were required to prove both discriminatory intent and effect. Plaintiffs failed to prove effect, and thus failed on these claims. Judge Branch also reiterated Judge Coogler’s reasoning in affirming dismissal of the Voting Rights Act Section 201 claims, noting that fail-safe identification options clear the bar set by Section 201. Judge Branch adds to Judge Coogler’s reasoning when addressing the Voting Rights Act Section 2 claims. In addition to the ease of obtaining ID, Judge Branch noted that plaintiffs overestimated the impact of HB 19 by focusing on proportional differences between white and nonwhite voters who did not have appropriate ID. Judge Branch concluded that the extremely high percentage of white (99%) and nonwhite (98%) voters with appropriate identification show that HB 19 did not have any disparate impact. In dissent, Judge Gayles wrote that ignoring discriminatory intent when assessing 14th and 15th Amendment claims was inappropriate. 

Plaintiffs requested a rehearing by the full court. This request was denied on June 1st, 2021. Writing for the majority in support of denial of a rehearing, Judge Branch noted that the court’s analysis was rooted in Supreme Court precedent and that the circuit was bound to follow it. 

 

Summary Authors

Matthew Schoenthal (10/9/2022)

Documents in the Clearinghouse

Document
1

2:15-cv-02193

Complaint

Dec. 2, 2015

Dec. 2, 2015

Complaint
22

2:15-cv-02193

Memorandum of Opinion

Feb. 17, 2016

Feb. 17, 2016

Order/Opinion
112

2:15-cv-02193

Second Amended Complaint

Dec. 6, 2016

Dec. 6, 2016

Complaint
156

2:15-cv-02193

Memorandum of Opinion

March 1, 2017

March 1, 2017

Order/Opinion
165

2:15-cv-02193

Memorandum of Opinion and Order

April 6, 2017

April 6, 2017

Order/Opinion
200

2:15-cv-02193

Memorandum of Opinion and Order

July 7, 2017

July 7, 2017

Order/Opinion
267

2:15-cv-02193

Memorandum of Opinion

Jan. 10, 2018

Jan. 10, 2018

Order/Opinion

18-10151

Opinion

U. S. Court of Appeals for the Eleventh Circuit

April 9, 2021

April 9, 2021

Order/Opinion

18-10151

Opinion

U. S. Court of Appeals for the Eleventh Circuit

June 1, 2021

June 1, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127133/greater-birmingham-ministries-v-state-of-alabama/

Last updated Sept. 29, 2022, 12:21 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert J. Bentley, Spencer Collier, John Merrill, State of Alabama, Luther J Strange, filed by Greater Birmingham Ministries, Alabama State Conference of the National Association for the Advancement of Colored People.(PSM) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

Clearinghouse
2

Summons Issued as to Robert J. Bentley, Spencer Collier, John Merrill, State of Alabama, Luther J Strange - ret'd to plff for service. (YMB) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER

Filing fee: $400.00, receipt number B4601067147. (YMB)

Dec. 2, 2015

Dec. 2, 2015

PACER
3

MOTION for Limited Admission of seven counsel by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Attachments: # 1 Exhibit Certificates of Good Standing)(Still, W) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER

PHV Fee paid: $200.00, receipt number B4601067550 (KAM, )

Dec. 16, 2015

Dec. 16, 2015

PACER

PHV Fee paid: $150.00, receipt number b4601067549 for Robert Fram, Joanne Grossman and Nathan E. Shafroth (KAM, )

Dec. 16, 2015

Dec. 16, 2015

PACER
4

SUMMONS Returned Executed by Greater Birmingham Ministries, Alabama State Conference of the National Association for the Advancement of Colored People. All Defendants. (Still, W) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
5

MOTION for Preliminary Injunction by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Attachments: # 1 Exhibit Ross Dec part 1, # 2 Exhibit Ross Dec part 2, # 3 Exhibit Ross Dec part 3, # 4 Text of Proposed Order)(Still, W) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
6

Brief re 5 MOTION for Preliminary Injunction . (Still, W) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
7

TEXT ORDER granting 3 Motion for Limited Admission. Signed by Judge L Scott Coogler on January 11, 2016. (CBD) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 1/19/2016 at 3:00 PM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

Jan. 15, 2016

Jan. 15, 2016

PACER
8

NOTICE of Appearance by John C Neiman, Jr on behalf of Robert J. Bentley (Neiman, John) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
9

NOTICE of Appearance by Prim Formby Escalona on behalf of Robert J. Bentley (Escalona, Prim) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
10

NOTICE of Appearance by David B Byrne, Jr on behalf of Robert J. Bentley (Byrne, David) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
11

NOTICE of Appearance by James W Davis on behalf of Spencer Collier, John Merrill, State of Alabama, Luther J Strange (Davis, James) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
12

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of Spencer Collier, John Merrill, State of Alabama, Luther J Strange (Messick, Misty) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 1/19/2016. (PSM)

Jan. 19, 2016

Jan. 19, 2016

PACER

NOTICE of RESETTING Hearing: The Telephone Conference set for TODAY is RESET (time only) to 4:30 PM before Judge L Scott Coogler. All other instructions regarding the telephone conference remain the same.(PSM)

Jan. 19, 2016

Jan. 19, 2016

PACER
13

ORDER ON SCHEDULE FOR PLAINTIFFS PRELIMINARY INJUNCTION MOTION AND DEFENDANTS RESPONSES TO COMPLAINT Deadlines as set out within. Motion Hearing re Motion for Preliminary Injunction set for 2/11/2016 at 2:30 PM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 1/21/2016. (PSM) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
14

MOTION to Amend/Correct 5 MOTION for Preliminary Injunction by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Attachments: # 1 Text of Proposed Order Proposed order)(Still, W) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
15

Evidentiary Material re: 5 MOTION for Preliminary Injunction Defendant Merrill's Evidentiary Submission in Opposition to Plaintiffs' Motion for Preliminary Injunction. (Attachments: # 1 Exhibit Ala. Act 2003-381, # 2 Exhibit Campbell letter 7-2-03, # 3 Exhibit DOJ letter 8-7-03, # 4 Exhibit Ala. Act 2010-687, # 5 Exhibit Ala. Act No. 2011-673, # 6 Exhibit Carter-Baker Report, # 7 Exhibit Bennett letter 6-12-14, # 8 Exhibit A.G. Op. 2014-087, # 9 Exhibit Ala. Admin. Code 820-2-9, # 10 Exhibit Alabama Photo Voter ID Guide (Mar. 2014), # 11 Exhibit 2016 Alabama Voter Guide, # 12 Exhibit Alabama Voter Reg. Stats. 12-31-15, # 13 Affidavit Declaration of Emily Marsal, # 14 Affidavit Declaration of David Brewer, # 15 Affidavit Declaration of Clay Helms, # 16 Affidavit Declaration of John Bennett, # 17 Affidavit Declaration of Madeleine Raiford-Holland, # 18 Affidavit Declaration of Gregg Woodyard)(Davis, James) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
16

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction, 14 MOTION to Amend/Correct 5 MOTION for Preliminary Injunction (Secretary of State Merrill's Opposition to the Plaintiffs' Motion for Preliminary Injunction & Partial Motion to Dismiss) filed by John Merrill. (Davis, James) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
17

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction Memorandum In Support of Plaintiffs' Reply Motion for Preliminary Injunction filed by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Fram, Robert) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
18

ORDER The Court has reviewed the Parties' written submissions regarding the Motion for Preliminary Injunction and believes that oral argument is not necessary. The hearing set for Thursday, February 11, 2016 is therefore CANCELLED. Signed by Judge L Scott Coogler on 2/8/2016. (PSM) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
19

MOTION for More Definite Statement and Motion to Strike Immaterial, Impertinent or Scandalous Matter by John Merrill. (Davis, James) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
20

NOTICE of Appearance by Carrie E McCollum on behalf of Robert J. Bentley (McCollum, Carrie) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
21

MOTION to Dismiss by Robert J. Bentley, Spencer Collier, State of Alabama, Luther J Strange. (Neiman, John) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
22

MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 2/17/2016. (PSM) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

Clearinghouse
23

ORDER In accordance with the Memorandum of Opinion entered contemporaneously herewith, the Plaintiffs' Motion to Amend 14 is GRANTED, and the Motion for a Preliminary Injunction 5 is DENIED. Signed by Judge L Scott Coogler on 2/17/2016. (PSM) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
24

MOTION for Limited Admission of Natasha Merle by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Attachments: # 1 Certificate of Good Standing)(Ross, Deuel) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
25

ORDER The Court has Defendants State of Alabama, Governor Bentley, Attorney General Strange, and Secretary of Law Enforcement Collier's Motion to Dismiss and Defendant Secretary of State Merrills Motion for More Definite Statement and Motion to Strike. The Plaintiffs are ordered to respond to these motions and to submit an additional brief supporting why they have standing, as addressed in the Memorandum of Opinion entered on February 17, 2016. The Plaintiffs have eleven (11) days to file their briefs with the Court. Thereafter, the Defendants shall have eleven (11) days to file a reply to the Plaintiff's response to the motions and a response to the Plaintiff's brief on standing, if necessary. Signed by Judge L Scott Coogler on 2/18/2016. (PSM) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
26

RESPONSE in Opposition re 21 MOTION to Dismiss Plaintiffs' Response In Opposition to Defendants State of Alabama, Governor Bentley, Attorney General Strange and Secretary Collier's Motion to Dismiss filed by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Fram, Robert) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
27

RESPONSE in Opposition re 19 MOTION for More Definite Statement and Motion to Strike Immaterial, Impertinent or Scandalous Matter Plaintiffs' Opposition to Secretary of State Merrill's Motion for More Definite Statement and Motion to Strike filed by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Fram, Robert) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
28

Evidentiary Material re: 27 Response in Opposition to Motion, Plaintiffs' Evidentiary Submission. (Attachments: # 1 Exhibit 1 - Brown Letter, June 12, 2014)(Fram, Robert) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
29

RESPONSE to re 25 Plaintiffs' Memorandum Regarding Standing In Response to Court's February 18, 2016 Order filed by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Fram, Robert) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER

PHV Fee paid: $50, Receipt# 1126-2579474 (ALND# B4601069540). (Ross, Deuel) Modified on 3/8/2016 (AVC).

March 7, 2016

March 7, 2016

PACER
30

TEXT ORDER granting 24 Motion for Limited Admission. Signed by Judge L Scott Coogler on March 9, 2016. (CBD) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
31

Brief re 25 Order,,, Defendants' Brief Regarding Standing. (Davis, James) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
32

REPLY to Response to Motion re 19 MOTION for More Definite Statement and Motion to Strike Immaterial, Impertinent or Scandalous Matter filed by John Merrill. (Messick, Misty) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
33

REPLY to Response to Motion re 21 MOTION to Dismiss of Defendants State of Alabama, Governor Bentley, Attorney General Strange, and Secretary of Law Enforcement Collier filed by Robert J. Bentley. (Escalona, Prim) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER

NOTICE of RESETTING Hearing:(TIME CHANGE ONLY) Telephone Conference is RESET for 4/1/2016 at 11:00 AM before Judge L Scott Coogler. (PSM)

March 29, 2016

March 29, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 4/1/2016 at 9:30 AM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

March 29, 2016

March 29, 2016

PACER
34

NOTICE of Appearance by Herman N Johnson, Jr on behalf of All Plaintiffs (Johnson, Herman) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 4/1/2016. (PSM)

April 1, 2016

April 1, 2016

PACER
35

MOTION to Withdraw as Attorney (Edward Still) by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Still, W) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
36

ORDER granting 35 Motion to Withdraw as Attorney. Attorney W Edward Still terminated. Signed by Judge L Scott Coogler on April 5, 2016. (CBD) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
37

NOTICE by Spencer Collier, John Merrill, State of Alabama, Luther J Strange (Notice of Substitution) (Messick, Misty) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
38

MOTION to Dismiss Counts One, Three, and Four of the Complaint and for Leave to File by John Merrill. (Attachments: # 1 Exhibit A - National Conf. of State Legislatures - voter ID overview 2, # 2 Exhibit B - HB 19 - House Transcript, # 3 Exhibit C - HB 19 - Senate Transcript)(Parker, William) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
39

Brief re 38 MOTION to Dismiss Counts One, Three, and Four of the Complaint and for Leave to File filed by John Merrill. (Parker, William) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
40

REPORT of Rule 26(f) Planning Meeting. (Fram, Robert) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
41

UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge L Scott Coogler on 4/26/2016. (PSM) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
42

NOTICE of Filing Stipulation and Proposed Protective Order Pursuant to the Parties' 26(f) Report by Alabama State Conference of the National Association for the Advancement of Colored People, Greater Birmingham Ministries. (Attachments: # 1 Stipulation and [Proposed] Protective Order)(Fram, Robert) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
43

FIRST AMENDED COMPLAINT against All Defendants, filed by Greater Birmingham Ministries, Alabama State Conference of the National Association for the Advancement of Colored People.(Fram, Robert) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
44

Opposition to 38 Motion for Leave to File a Motion to Dismiss Counts One, Three, and Four of the Complaint filed by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Fram, Robert) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 5/16/2016 at 10:00 AM before Judge L Scott Coogler. Counsel are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

May 12, 2016

May 12, 2016

PACER
45

NOTICE of Appearance by Michael W Robinson on behalf of Stan Stabler (Robinson, Michael) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 5/16/2016. (PSM)

May 16, 2016

May 16, 2016

PACER
46

ORDER Plaintiffs filed an amended complaint in this case. Accordingly, the Court finds Secretary of State John Merrill's Motion for More Definite Statement and to Strike 19 and Motion to Dismiss 38 and the remaining Defendants' Motion to Dismiss 21 MOOT. Defendants have leave to refile a responsive pleading or motion. Signed by Judge L Scott Coogler on 5/17/2016. (PSM) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
47

MOTION to Dismiss First Amended Complaint by Robert J. Bentley, Stan Stabler, State of Alabama, Luther J Strange. (Neiman, John) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
48

MOTION to Dismiss the First Amended Complaint by John Merrill. (Parker, William) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
49

ORDER The Court has Defendants Robert Bentley, Stan Stabler, State of Alabama, and Luther Strange's Motion to Dismiss 47 and Defendant John Merrills Motion to Dismiss. Plaintiffs have fourteen (14) days from the date of this Order to respond to these motions. Thereafter, Defendants shall have seven (7) days to reply. Signed by Judge L Scott Coogler on 5/24/2016. (PSM) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
50

MOTION to Expedite Plaintiffs' Motion for Expedited Consideration of Database Access Protocol by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Exhibit A - Proposed Protocol)(Fram, Robert) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
51

CERTIFICATE OF SERVICE by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams re 50 MOTION to Expedite Plaintiffs' Motion for Expedited Consideration of Database Access Protocol (Fram, Robert) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
52

RESPONSE in Opposition re 50 MOTION to Expedite Plaintiffs' Motion for Expedited Consideration of Database Access Protocol and Notice of Filing Counter-proposal filed by John Merrill, Stan Stabler. (Attachments: # 1 Exhibit)(Davis, James) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
53

NOTICE by John Merrill, Stan Stabler (Attachments: # 1 Exhibit 1 RFPs to the State, # 2 Exhibit 2 RFPs to the Secretary of State, # 3 Exhibit 3 RFPs to the Secretary of Law Enforcement, # 4 Exhibit 4 ROGs to the Secretary of State, # 5 Exhibit 5 ROGs to the Secretary of State, # 6 Exhibit 6 ROGs to the Governor, # 7 Exhibit 7 ROGS to the Secretary of Law Enforcement, # 8 Exhibit 8 RFPs to the State, # 9 Exhibit 9 RFPs to the Secretary of State, # 10 Exhibit 10 RFPs to the Governor, # 11 Exhibit 11 RFPs to the Secretary of Law Enforcement, # 12 Exhibit 12 RFPs to the Attorney General, # 13 Exhibit 13 State's Objections to RFPs, # 14 Exhibit 14 Part 1 Secretary of State's Answers to ROGs, # 15 Exhibit 14 Part 2 Secretary of State's Answers to ROGs, # 16 Exhibit 15 Secretary of State's Responses and Objections to RFPs, # 17 Exhibit 16 Secretary of Law Enforcement's Objections to RFPs, # 18 Exhibit 17 third-party subpoena to Alabama Department of Finance, # 19 Exhibit 18 third-party subpoena to Spencer Collier, # 20 Exhibit 19 thrid-party subpoena to Spencer Collier (alternative address), # 21 Exhibit 20 RFPs to Secretary of State, # 22 Exhibit 21 RFPs to Secretary of Law Enforcement)(Messick, Misty) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
54

RESPONSE to Motion re 50 MOTION to Expedite Plaintiffs' Motion for Expedited Consideration of Database Access Protocol filed by Robert J. Bentley. (Neiman, John) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
55

REPLY to Response to Motion re 50 MOTION to Expedite Plaintiffs' Motion for Expedited Consideration of Database Access Protocol filed by Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Exhibit Voter Registration Request Form)(Zaragoza, Liliana) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 6/2/2016 at 10:00 AM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

May 31, 2016

May 31, 2016

PACER

NOTICE The Telephone Conference set for 6/2/2016 is RESET for 6/3/2016 at 10:00 am. Call in remains (877) 336-1828 and Access Code 3967498. (PSM)

May 31, 2016

May 31, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 6/10/2016 at 1:30 PM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

June 3, 2016

June 3, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 6/3/2016. (PSM)

June 3, 2016

June 3, 2016

PACER
56

RESPONSE to Motion re 47 MOTION to Dismiss First Amended Complaint Plaintiffs' Response in Opposition to Defendants State of Alabama, Governor Bentley, Attorney General Strange and Secretary Collier's Motion to Dismiss filed by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Fram, Robert) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
57

RESPONSE to Motion re 48 MOTION to Dismiss the First Amended Complaint Plaintiffs' Response In Opposition to Defendants Secretary of State Merrill's Motion to Dismiss filed by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Exhibit 1)(Fram, Robert) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
58

TEXT ORDER Defendants' Reply Brief re 47 MOTION to Dismiss 48 MOTION to Dismiss is due 6/17/2016. Signed by Judge L Scott Coogler on 6/10/2016. (PSM) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER

NOTICE of Hearing: Telephone Conference set for 6/17/2016 at 10:00 AM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

June 10, 2016

June 10, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 6/10/2016. (PSM)

June 10, 2016

June 10, 2016

PACER
59

MOTION for Limited Admission of Michael S. Greenberg and Ryan M. Buschell by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Fram, Robert) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER

PHV Fee paid: $50, Receipt# 1126-2642605 (ALND# B4601072208). (Fram, Robert) Modified on 6/15/2016 (AVC).

June 15, 2016

June 15, 2016

PACER

PHV Fee paid: $50, Receipt# 1126-2642635 (ALND# B4601072210). (Fram, Robert) Modified on 6/15/2016 (AVC).

June 15, 2016

June 15, 2016

PACER
60

TEXT ORDER granting 59 Motion for Limited Admission. Signed by Judge L Scott Coogler on June 16, 2016. (CBD) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER

NOTICE of RESETTING Hearing: Telephone Conference RESET for 6/21/2016 at 10:00 AM before Judge L Scott Coogler. Counsel for the parties are to call (877) 336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference.(PSM)

June 16, 2016

June 16, 2016

PACER
61

REPLY to Response to Motion re 47 MOTION to Dismiss First Amended Complaint filed by Robert J. Bentley, Stan Stabler, State of Alabama, Luther J Strange. (Neiman, John) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
62

REPLY Brief filed by Defendant John Merrill re: 57 Response to Motion, 48 MOTION to Dismiss the First Amended Complaint filed by John Merrill. (Parker, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
63

NOTICE by John Merrill, Stan Stabler Concerning the Parties' Database Access Protocol Negotiations (Davis, James) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
64

NOTICE by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams Notice of Plaintiffs Regarding Database Protocol (Attachments: # 1 Exhibit A - Proposed Database Access Protocol)(Fram, Robert) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference held on 6/21/2016. Scheduling Order to be entered by the Court. (PSM)

June 21, 2016

June 21, 2016

PACER
65

SCHEDULING ORDER: Discovery due by 3/24/2017. Dispositive Motions due by 4/7/2017. Joint Status Report due by 4/7/2017. Bench Trial set for 9/11/2017 at 9:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 6/22/2016. (PSM) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
66

NOTICE by United States of Intent to Submit a Statement of Interest (Cheek, Jason) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
67

NOTICE of Appearance by Starr Turner Drum on behalf of Robert J. Bentley (Drum, Starr) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
68

NOTICE by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams Second Notice Regarding The Database Protocol (Attachments: # 1 Exhibit A - Proposed Database Access Protocol)(Fram, Robert) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
69

MOTION Adjustment to Scheduling Order Motion Regarding the Court's Scheduling Order by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Exhibit A - Proposed Schedule)(Fram, Robert) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
70

RESPONSE in Opposition re 69 MOTION Adjustment to Scheduling Order Motion Regarding the Court's Scheduling Order filed by Robert J. Bentley, John Merrill, Stan Stabler, State of Alabama, Luther J Strange. (Davis, James) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
71

RESPONSE to re 68 (Response to Plaintiffs' Second Notice Regarding the Database Protocol) filed by John Merrill, Stan Stabler. (Davis, James) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
72

REPLY Brief filed by Plaintiffs Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams re: 69 MOTION Adjustment to Scheduling Order Motion Regarding the Court's Scheduling Order, 70 Response in Opposition to Motion filed by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Zaragoza, Liliana) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
73

PROTECTIVE ORDER. Signed by Judge L Scott Coogler on 6/29/2016. (PSM) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
74

DATABASE ACCESS PROTOCOL. Signed by Judge L Scott Coogler on 7/1/2016. (PSM) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
75

Brief Statement of Interest of the United States of America. (Cheek, Jason) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
76

Unopposed MOTION to Amend Database Access Protocol by Alabama State Conference of the National Association for the Advancement of Colored People, Giovana Ambrosio, Greater Birmingham Ministries, Debra Silvers, Corrinda Tolbert, Edna Williams. (Attachments: # 1 Text of Proposed Order)(Fram, Robert) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
77

ORDER granting 76 Motion to Amend. Signed by Judge L Scott Coogler on 7/26/2016. (PSM) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
78

SECOND NOTICE of Filing Discovery by John Merrill, Stan Stabler. (Attachments: # 1 Exhibit 1 (Governor Bentley's responses - RFPs), # 2 Exhibit 2 (Secretary Merrill's responses - RFPs), # 3 Exhibit 3 (Secretary Stabler's responses - RFPs), # 4 Exhibit 4 (Secretary Merrill's responses - ROGs), # 5 Exhibit 5 (Secretary Stabler's responses - ROGs), # 6 Exhibit 6 (Subpoena - U.S. Department of State), # 7 Exhibit 7 (Subpoena - U.S. Department of Homeland Security), # 8 Exhibit 8 (Subpoena - U.S. Department of Defense), # 9 Exhibit 9 (Subpoena - U.S. Department of Veterans Affairs), # 10 Exhibit 10 (Subpoena - Rep. Kerry Rich), # 11 Exhibit 11 (Subpoena - Rebekah Mason), # 12 Exhibit 12 (Subpoena - former Sen. Scott Beason), # 13 Exhibit 13 (Subpoena - Rep. Reed Ingram), # 14 Exhibit 14 (Subpoena - Rep. Micky Hammon), # 15 Exhibit 15 (Subpoena - Alabama Department of Public Health), # 16 Exhibit 16 (Secretary Merrill's supplement to his initial disclosures))(Davis, James) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 2, 2015

Closing Date: Jan. 10, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two organizations and four individuals.

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

John Merrill, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

Voting:

Voter ID

Voter qualifications