Case: Milligan v. Allen

2:21-cv-01530 | U.S. District Court for the Northern District of Alabama

Filed Date: Nov. 16, 2021

Case Ongoing

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Case Summary

This case challenged Alabama’s election redistricting plan, House Bill 1 (2021 Second Special Session), by arguing it violated the rights of Black voters under the Voting Rights Act of 1965 (“VRA”) and the Fourteenth and Fifteenth Amendments of the U.S. Constitution. On November 15, 2021, the plaintiffs, including the Greater Birmingham Ministries and the Alabama State Conference of the NAACP, filed this lawsuit in the United States District Court for the Northern District of Alabama. The plain…

This case challenged Alabama’s election redistricting plan, House Bill 1 (2021 Second Special Session), by arguing it violated the rights of Black voters under the Voting Rights Act of 1965 (“VRA”) and the Fourteenth and Fifteenth Amendments of the U.S. Constitution.

On November 15, 2021, the plaintiffs, including the Greater Birmingham Ministries and the Alabama State Conference of the NAACP, filed this lawsuit in the United States District Court for the Northern District of Alabama. The plaintiffs sued the Alabama Secretary of State and the Co-Chairs of the Alabama Permanent Legislative Committee on Reapportionment. Represented by the NAACP Legal Defense & Educational Fund, Inc., the NAACP, the American Civil Liberties Union Foundation, the American Civil Liberties Union of Alabama, and private counsel, the plaintiffs sought declaratory relief, preliminary and permanent injunction, award of costs, and other just relief as deemed necessary by the court. 

On November 18, 2021, Judge William H. Pryor Jr. designated a three-panel court, consisting of District Judge Terry F. Moorer, Circuit Judge Stanley Marcus, and District Judge Anna M. Manasco, to hear and decide on the action. 

The plaintiffs filed a motion for a preliminary injunction on December 15, 2021. On January 24, 2022, after a seven-day preliminary hearing, the three-judge District Court granted in part a preliminary injunction in favor of the plaintiffs and preliminarily enjoined the secretary of Alabama from conducting any congressional elections according to the Plan. 

The injunction, opinion, and order consolidated two of four pending cases in the Northern District of Alabama: Singleton v. Merrill, Case. No. 2:21-cv-1291-AMM and Milligan v. Merrill, Case No. 2:21-cv-1520-AMM. (The other two cases are: Thomas v. Merrill, Case No. 2:21-cv-1531-AMM and Caster v. Merrill, Case No. 2:21-cv-1536-AMM). 

The court concluded that the plaintiffs were substantially likely to establish that the Plan violated Section Two of the Voting Rights Act by proving each part of the controlling Supreme Court test from Thornberg v. Gingles:

  1. that Black Alabamians are sufficiently numerous to constitute a voting-age majority in a second congressional district;
  2. that Alabama’s Black population in the challenged districts is sufficiently geographically compact to constitute a voting-age majority in a second reasonably configured district;
  3. that voting in the challenged district is intensely racially polarized;
  4. and that under the totality of the circumstances, including the factors that the Supreme Court has instructed the court to consider, Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress. 

Given that the plaintiffs were substantially likely to prevail on their claim under the Voting Rights Act, the District Court found the appropriate remedy was a congressional redistricting plan that included either an additional majority-Black congressional district or an additional district in which Black voters have an opportunity to elect a representative of their choice. The District Court indicated that, under Supreme Court precedent, the Alabama Legislature should have the first opportunity to draw the map. Thus, the District Court stayed the qualification deadline for 14 days to allow the Alabama Legislature the opportunity to enact a remedial plan. 

However, the District Court reserved ruling on the constitutional issues raised by the plaintiffs.

On January 25, 2022, the defendants filed a Notice to Appeal to the Supreme Court of the United States and the United States Court of Appeals for the Eleventh Circuit. 

On February 3, 2022, District Judge Manasco signed an order stipulating that if the Alabama Legislature was unable to enact a new map by February 7, 2022, the District Court intended to issue a detailed order appointing a Special Master and expert cartographer. 

On February 7, 2022, the Supreme Court stayed the preliminary injunction. Merrill v. Milligan, 142 S. Ct. 879 (2022).

On March 4, 2022, the Court of Appeals for the Eleventh Circuit dismissed the appeal. 

On February 8, 2023, Wes Allen, then-current Secretary of the State of Alabama, was substituted for the former Secretary John J. Merrill as the defendant in the action. 

On June 8, 2023, the Supreme Court affirmed the preliminary injunction. On June 12, 2023, the Supreme Court vacated the stay. The Supreme Court (1) found the District Court faithfully applied the Court’s precedents in concluding House Bill 1 likely violated Section Two of the Voting Rights Act, (2) declined to remake its Section Two jurisprudence in line with Alabama’s “race-neutral benchmark theory,” (3) decline to adopted the novel requirements of Alabama’s race-neutral benchmark in practice, and (4) disagreed with Alabama’s assertions that the text of Section Two did not apply to single-member redistricting. Allen v. Milligan, 599 U.S. 1.

On June 20, 2023, the District Court, at a status conference, granted the defendant’s request for an opportunity to provide supplemental briefing regarding the impact of North Carolina v. Covington, 138 S. Ct. 2548, on the remedial process. The court directed the defendants to provide it with status reports on the Alabama Legislature’s efforts to enact new congressional districting plans.

On July 21, 2023, the Alabama Legislature approved a new congressional districting map (2023 Plan) that the Alabama Governor signed into law. The plaintiffs timely objected to the 2023 Plan as an insufficient remedy for the likely Section Two violation and requested another injunction on July 28, 2023. 

On September 5, 2023, the District Court found, in conjunction with the defendant’s concession, that the 2023 Plan did not include the additional opportunity district, and thus did not remedy the likely Section Two violation. Accordingly, the District Court preliminarily enjoined Secretary Allen from conducting any elections under the 2023 Plan. Additionally, the District Court found that they had no reason to believe that allowing the Legislature another opportunity to draw yet another map would yield a map that included the additional opportunity district. As such, the District Court directed the Special Master and cartographer to commence work on a remedial map. However, the District Court reserved the ruling on the constitutional issues raised by the plaintiffs. 

Also, on September 5, 2023, the defendants filed a Notice of Appeal to the Court of Appeals for the Eleventh Circuit and the Supreme Court of the United States. 

The Special Master, on September 25, 2023, submitted three Remedial Plans to the Court that (1) remedied the likely Section Two violations, (2) complied with the one-person, one-vote principles, and (3) complied with the U.S. Constitution and the Voting Rights Act. 

On October 3, 2023, the Court of Appeals for the Eleventh Circuit, dismissed the appeal. 

On October 5, 2023, the District Court ordered the defendants to administer the upcoming congressional elections using the plan the Special Master recommended, called “Remedial Plan 3.” The District Court also ordered the State of Alabama to pay the fees and expenses of the Special Master Team.

As of January 21, 2024, the case is ongoing.

Summary Authors

Anna Lennon (10/19/2022)

Andrew Eslich (1/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61494291/parties/milligan-v-allen/


Judge(s)
Attorney for Plaintiff

Aden, Leah C (Alabama)

Allen, Amanda N (Alabama)

Ashton, Anthony (Alabama)

Barnes, Anna Kathryn (Alabama)

Attorney for Defendant
Expert/Monitor/Master/Other

Allen, Richard F (Alabama)

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Documents in the Clearinghouse

Document
1

2:21-cv-01530

Complaint Three-Judge Panel Requested

Milligan v. Merrill

Nov. 16, 2021

Nov. 16, 2021

Complaint
69

2:21-cv-01530

Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof

Dec. 15, 2021

Dec. 15, 2021

Pleading / Motion / Brief
107

2:21-cv-01530

Preliminary Injunction Memorandum Order and Opinion

Jan. 24, 2022

Jan. 24, 2022

Order/Opinion

582 F.Supp.3d 924

129

2:21-cv-01530

Order

Singleton v. Merrill

Feb. 3, 2022

Feb. 3, 2022

Order/Opinion

21-01086

Opinion of the Court

Merrill v. Milligan

Supreme Court of the United States

Feb. 7, 2022

Feb. 7, 2022

Order/Opinion

142 S.Ct. 879

141

2:21-cv-01530

22-10278

Order

Milligan v. McCelndon

U.S. Court of Appeals for the Eleventh Circuit

March 4, 2022

March 4, 2022

Order/Opinion

2022 WL 2915522

161

2:21-cv-01530

Order

Singleton v. Allen

Feb. 8, 2023

Feb. 8, 2023

Order/Opinion
168

2:21-cv-01530

Order

June 20, 2023

June 20, 2023

Order/Opinion
174

2:21-cv-01530

Order

Allen v. Milligan

July 10, 2023

July 10, 2023

Order/Opinion
174

2:21-cv-01530

Order

Allen v. Milligan

July 10, 2023

July 10, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61494291/milligan-v-allen/

Last updated Nov. 2, 2025, 1:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Alabama State Conference of the NAACP, Greater Birmingham Ministries, Letetia Jackson, Adia Winfrey, Evan Milligan, Khadidah Stone, Shalela Dowdy.(DNW) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

Clearinghouse
2

ORDER - The parties are ORDERED to simultaneously file briefs on or before 12:00 PM, CENTRAL STANDARD TIME, ON THURSDAY, NOVEMBER 18, 2021, that explain and support their positions on (1) the question whether a three-judge panel appointed under 28 U.S.C. ยง 2284 has jurisdiction to hear both the Voting Rights Act claims and the constitutional claims asserted in this action, see Doc. 1, and (2) the question whether this matter should be consolidated with Singleton v. Merrill, Case No. 21-cv-1291-AMM, in whole or in part. Counsel for plaintiffs are ORDERED to immediately inform counsel for the defendants of this order. Signed by Judge Anna M Manasco on 11/16/2021. (KEK) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

RECAP
3

WAIVER OF SERVICE Returned Executed by Alabama State Conference of the NAACP, Greater Birmingham Ministries, Letetia Jackson, Adia Winfrey, Evan Milligan, Khadidah Stone, Shalela Dowdy. 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)

Nov. 16, 2021

Nov. 16, 2021

4

WAIVER OF SERVICE Returned Executed by Alabama State Conference of the NAACP, Greater Birmingham Ministries, Letetia Jackson, Adia Winfrey, Evan Milligan, Khadidah Stone, Shalela Dowdy. John Merrill waiver sent on 11/16/2021, answer due 1/15/2022. (Lawsen, Nicki) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

10

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

Nov. 17, 2021

Nov. 17, 2021

11

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

Nov. 17, 2021

Nov. 17, 2021

12

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

Nov. 17, 2021

Nov. 17, 2021

5

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

Nov. 17, 2021

Nov. 17, 2021

6

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

Nov. 17, 2021

Nov. 17, 2021

7

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

Nov. 17, 2021

Nov. 17, 2021

8

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

Nov. 17, 2021

Nov. 17, 2021

9

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

Nov. 17, 2021

Nov. 17, 2021

13

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

Nov. 18, 2021

Nov. 18, 2021

14

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

Nov. 18, 2021

Nov. 18, 2021

15

NOTICE of Appearance by Brenton Merrill Smith on behalf of John Merrill (Smith, Brenton) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

16

Brief re 2 Order,, Plaintiffs' Positions on Jurisdiction and Consolidation. (Jackson, Sidney) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

17

Brief re 2 Order,, filed by John Merrill. (Attachments: # 1 Exhibit A)(LaCour, Edmund) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

18

Brief re 2 Order,, Plaintiffs' Positions on Jurisdiction and Consolidation (Replacement Brief). (Jackson, Sidney) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

19

NOTICE by John Merrill Notice of Filing (Attachments: # 1 Exhibit Motion for Status Conference)(Davis, James) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

20

TEXT ORDER. Plaintiffs' Motion for Leave for Davin Rosborough and Julie Ebenstein to Appear Pro Hac Vice, Doc. 5, 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)

Nov. 18, 2021

Nov. 18, 2021

21

MOTION to Dismiss or Join Necessary Parties by John Merrill. (LaCour, Edmund) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

RECAP
22

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 11/18/2021. ** a copy of this order and the complaint have been emailed to Chief Judge Pryor, this date. (FNC) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

23

ORDER DESIGNATION OF THREE-JUDGE COURT: I hereby designate District Judge Terry F. Moorer and Circuit Judge Stanley Marcus 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 Jr. on 11/18/2021. (DNW, ) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

24

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

1 Exhibit A-Certificate of Good Standing

View on PACER

2 Exhibit B-Declaration

View on PACER

Nov. 18, 2021

Nov. 18, 2021

25

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

Nov. 18, 2021

Nov. 18, 2021

26

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

Nov. 18, 2021

Nov. 18, 2021

27

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

Nov. 18, 2021

Nov. 18, 2021

28

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

Nov. 18, 2021

Nov. 18, 2021

29

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

Nov. 18, 2021

Nov. 18, 2021

30

MOTION for Leave to Appear Pro Hac Vice by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone, Adia Winfrey. (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)

Nov. 18, 2021

Nov. 18, 2021

31

ORDER Rule 16 Conference set for 11/23/2021 10:00 AM CST. Signed by Judge Anna M Manasco on 11-18-2021. (TGC) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3964220(B4601117000). (Faulks, LaTisha) Modified on 11/18/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3964225(B4601117001). (Faulks, LaTisha) Modified on 11/18/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3964225(B4601117001). (Faulks, LaTisha) Modified on 11/18/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

Filing Fee: Filing fee $ 402, receipt_number 1126-3964775(B4601117018). related document 1 COMPLAINT against All Defendants filed by Alabama State Conference of the NAACP, Greater Birmingham Ministries, Letetia Jackson, Adia Winfrey, Evan Milligan, Khadidah Stone, Shalela Dowdy.(DNW). (Lawsen, Nicki) Modified on 11/18/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965029 (B4601117024). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965029 (B4601117024). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965033 (B4601117025). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965033 (B4601117025). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965035 (B4601117026). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965035 (B4601117026). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965037 (B4601117027). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965037 (B4601117027). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965039 (B4601117028). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965039 (B4601117028). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965041 (B4601117029). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965041 (B4601117029). (Jackson, Sidney) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965053 (B4601117032). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

PHV Fee paid: $ 75, receipt number 1126-3965053 (B4601117032). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

Nov. 18, 2021

Nov. 18, 2021

32

TEXT ORDER. Plaintiffs' Motion for Leave for Blayne Thompson 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)

Nov. 19, 2021

Nov. 19, 2021

33

TEXT ORDER. Plaintiffs' Motion for Leave for Jessica Ellsworth to Appear Pro Hac Vice, Doc. 25, 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)

Nov. 19, 2021

Nov. 19, 2021

34

TEXT ORDER. Plaintiffs' Motion for Leave for David Dunn to Appear Pro Hac Vice, Doc. 26, 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)

Nov. 19, 2021

Nov. 19, 2021

35

TEXT ORDER. Plaintiffs' Motion for Leave for Michael Turrill to Appear Pro Hac Vice, Doc. 27, 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)

Nov. 19, 2021

Nov. 19, 2021

36

TEXT ORDER. Plaintiffs' Motion for Leave for Harmony Gbe to Appear Pro Hac Vice, Doc. 28, 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)

Nov. 19, 2021

Nov. 19, 2021

37

TEXT ORDER. Plaintiffs' Motion for Leave for Shelita Stewart to Appear Pro Hac Vice, Doc. 29, 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)

Nov. 19, 2021

Nov. 19, 2021

38

TEXT ORDER. Plaintiffs' Motion for Leave for Leah Aden, Stuart Naifeh and Deuel Ross to Appear Pro Hac Vice, Doc. 30, 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)

Nov. 19, 2021

Nov. 19, 2021

PHV Fee paid: $ 75, receipt number 1126-3965104 (B4601117035). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

Nov. 19, 2021

Nov. 19, 2021

PHV Fee paid: $ 75, receipt number 1126-3965107 (B4601117036). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

Nov. 19, 2021

Nov. 19, 2021

PHV Fee paid: $ 75, receipt number 1126-3965107 (B4601117036). (Lawsen, Nicki) Modified on 11/19/2021 (DNW, ).

Nov. 19, 2021

Nov. 19, 2021

39

STATUS REPORT re: Doc. 31 by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone, Adia Winfrey. filed by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone, Adia Winfrey (Ross, Deuel) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

40

ORDER ON MOTIONS FOR CONSOLIDATION AND JOINDER, AND SCHEDULING ORDER, Before MARCUS, Circuit Judge, MANASCO and MOORER, District Judges, The motion to consolidate is GRANTED insofar as Singleton and Milligan are consolidated for the limited purposes of preliminary injunction discovery and a preliminary injunction hearing; the court RESERVES RULING on the motion for further consolidation of Singleton and Milligan; the motion for consolidation to include Caster is DENIED at this time; the motion to join or dismiss is DENIED at this time; and a scheduling order is SET. On or before DECEMBER 7, 2021, the parties in Singleton and Milligan shall file a joint statement of facts that are stipulated for purposes of preliminary injunction proceedings. The Milligan plaintiffs shall file their motion for preliminary injunctive relief on or before DECEMBER 15, 2021. The Singleton plaintiffs may (but are not required to) amend, supplement, replace, or otherwise restate their application for preliminary injunctive relief on or before DECEMBER 15, 2021. The Secretary shall file any objections to both the Singleton plaintiffs motion and the Milligan plaintiffs motion on or before DECEMBER 22, 2021. The previous order of the court that the Secretary shall file any objection to the Singleton plaintiffs motion by November 26, 2021 is VACATED solely as to the deadline for that response. On or before DECEMBER 10, 2021, the parties in Singleton and Milligan shall exchange any expert reports related to the motion for preliminary injunction. On or before DECEMBER 20, 2021, the parties in Singleton and Milligan shall exchange any expert rebuttal reports related to the motion for preliminary injunction. On or before DECEMBER 17, 2021, the parties in Singleton and Milligan shall complete all discovery related to the motion for preliminary injunction, other than the filing of the expert rebuttal reports. Any other motions related to the application for preliminary injunctive relief or hearing thereof shall be filed on or before close of business on DECEMBER 17,2021. At or before 4:00 pm Central Standard Time on DECEMBER 23, 2021, the parties in Singleton and Milligan shall file a joint pretrial report as directed. The court SETS a hearing on both applications for preliminary injunctive relief on JANUARY 4, 2022, at 9:00 a.m. Central Standard Time in Courtroom 8 in Hugo L Black US Courthouse, Birmingham, AL. Within five days of the completion of the preliminary injunction hearing, the parties in Singleton and Milligan shall file proposed findings of fact and conclusions of law for the panels consideration. Signed by Judge Anna M Manasco on 11/23/2021.(KAM) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

Minute Entry for proceedings held before Circuit Judge Marcus, and Judges Manasco and Moorer: Scheduling Conference held on 11/23/2021 by Zoom. (Court Reporter Teresa Roberson.) (FNC)

Nov. 23, 2021

Nov. 23, 2021

41

MOTION for Leave to Appear Pro Hac Vice for Kaitlin Welborn by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone, Adia Winfrey. (Attachments: # 1 Declaration of Kaitlin Welborn)(Faulks, LaTisha) (Entered: 11/24/2021)

1 Declaration of Kaitlin Welborn

View on PACER

Nov. 24, 2021

Nov. 24, 2021

PHV Fee paid: $ 75, receipt number 1126-3968196 (B4601117112). (Faulks, LaTisha) Modified on 11/24/2021 (DNW, ).

Nov. 24, 2021

Nov. 24, 2021

42

TEXT ORDER. Plaintiffs' Motion for Leave for Kaitlin Welborn to Appear Pro Hac Vice, Doc. 41, 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 11/29/2021. (FNC) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

43

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

Nov. 30, 2021

Nov. 30, 2021

44

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

Nov. 30, 2021

Nov. 30, 2021

45

MOTION for Leave to Appear Pro Hac Vice for Anthony Ashton and Anna Kathryn Barnes by Alabama State Conference of the NAACP. (Attachments: # 1 Exhibit A-Ashton Declaration, # 2 Exhibit B-Barnes Declaration)(Lawsen, Nicki) (Entered: 12/03/2021)

1 Exhibit A-Ashton Declaration

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2 Exhibit B-Barnes Declaration

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Dec. 3, 2021

Dec. 3, 2021

PHV Fee paid: $ 75, receipt number 1126-3972443 (B4601117250). (Lawsen, Nicki) Modified on 12/3/2021 (DNW, ).

Dec. 3, 2021

Dec. 3, 2021

PHV Fee paid: $ 75, receipt number 1126-3972445 (B4601117251). (Lawsen, Nicki) Modified on 12/3/2021 (DNW, ).

Dec. 3, 2021

Dec. 3, 2021

PHV Fee paid: $ 75, receipt number 1126-3972445 (B4601117251). (Lawsen, Nicki) Modified on 12/3/2021 (DNW, ).

Dec. 3, 2021

Dec. 3, 2021

46

MOTION for Protective Order by Jim McClendon, Chris Pringle. (Walker, J) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

47

TEXT ORDER. Plaintiffs' Motion for Leave for Anthony Ashton and Anna Kathryn Barnes to Appear Pro Hac Vice, Doc. 45, 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)

Dec. 6, 2021

Dec. 6, 2021

48

Amended MOTION for Protective Order by Jim McClendon, Chris Pringle. (Attachments: # 1 Exhibit)(Walker, J) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

49

TEXT ORDER. The court has reviewed the motion of Defendants McClendon and Pringle for a protective order, Doc. 48 . Any response to Defendants motion is due on or before NOON CENTRAL STANDARD TIME December 10, 2021. Signed by Judge Anna M Manasco on 12/6/2021. (KMB) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

50

NOTICE of Voluntary Dismissal by Adia Winfrey (Jackson, Sidney) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

51

ANSWER to 1 Complaint by Jim McClendon, Chris Pringle.(Walker, J) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

52

ANSWER to 1 Complaint by John Merrill.(Davis, James) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

53

STIPULATION OF AGREED FACTS FOR PRELIMINARY INJUNCTION PROCEEDINGS by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone. filed by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone (Ross, Deuel) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

54

TEXT ORDER: Under Federal Rule of Civil Procedure 26, a motion for a protective order must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. Fed. R. Civ. P. 26(c)(1). The pending motion for a protective order, Doc. 48, does not contain such certification. Defendants McClendon and Pringle are ORDERED to file at or before 4:00 PM CENTRAL STANDARD TIME December 8, 2021, a supplement to the motion for a protective order that contains the requisite certification. Signed by Judge Anna M Manasco on 12/8/2021. (DNW) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

55

Amended MOTION for Protective Order by Jim McClendon, Chris Pringle. (Attachments: # 1 Exhibit A, B, & C)(Walker, J) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

56

RESPONSE in Opposition re 46 MOTION for Protective Order filed by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone, Adia Winfrey. (Ross, Deuel) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

57

TEXT ORDER: The court has reviewed the plaintiffs' response to the motion of Defendants McClendon and Pringle for a protective order. Doc. 56 . Any reply is due at or before 5:00 PM CENTRAL STANDARD TIME Sunday, December 12, 2021.Signed by Judge Anna M Manasco on 12/10/2021. (DNW, ) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

58

RESPONSE in Opposition re 55 Amended MOTION for Protective Order Defendants McClendon and Pringle's Reply to Plaintiffs' Opposition to their Motion for a Protective Order filed by Jim McClendon, Chris Pringle. (Walker, J) (Entered: 12/12/2021)

Dec. 12, 2021

Dec. 12, 2021

59

ORDER ON MOTION FOR PROTECTIVE ORDER: Motion for Protective Order Doc. 55 is DENIED because the Legislators have waived any such immunity and privilege.If the Legislators wish to assert other objections to the plaintiffs discovery requests, they are ORDERED to file those objections at or before 9:00 AM CENTRAL STANDARD TIME ON TUESDAY, DECEMBER 14, 2021.Signed by Judge Anna M Manasco on 12/13/2021. (DNW, ) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

60

TEXT ORDER: The parties were ordered to exchange any expert reports related to the motion for preliminary injunction on or before December 10, 2021, and to exchange any rebuttal reports related to that motion on or before December 20, 2021, Doc. 45 in Singleton, Case No. 2:21-cv-01291-AMM, and Doc. 40 in Milligan, Case No. 2:21-cv-01530-AMM. In light of the preliminary injunction hearing set on January 4, 2022, the parties are ORDERED to file on or before DECEMBER 14, 2021, any expert reports exchanged, and to file on or before DECEMBER 21, 2021, any rebuttal reports exchanged. Signed by Judge Anna M Manasco on 12/13/2021.Signed by Judge Anna M Manasco on 12/13/2021. (DNW, )Edit docket text. Modified on 12/13/2021 (DNW, ). (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

61

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

1

View on RECAP

Dec. 14, 2021

Dec. 14, 2021

62

TEXT ORDER. Plaintiffs' Motion for Leave for Brittany Carter to Appear Pro Hac Vice, Doc. 61, 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)

Dec. 14, 2021

Dec. 14, 2021

63

Defendants McClendon and Pringle's Further OBJECTIONS to Plaintiffs' Discovery filed by Jim McClendon, Chris Pringle. (Attachments: # 1 Exhibit 1)(Walker, J) Modified on 12/14/2021 (FNC). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

64

ORDER ON DISCOVERY DISPUTES: Counsel are therefore DIRECTED to confer forthwith and make every attempt to resolve the Legislators objections. If counsel are unable to resolve all such objections, then the Legislators are ORDERED to file as soon as practicable, but not later than 12:00 PM CENTRAL STANDARD TIME on THURSDAY, DECEMBER 16, 2021, any remaining objections that require the court's attention, as well as any motions and/or briefing that require the courts attention in connection with such objections.The Plaintiffs are ORDERED to file any motions and/or briefing that require the court's attention in connection with unresolved discovery objections as soon as practicable, but not later than 12:00 PM CENTRAL STANDARD TIME on THURSDAY, DECEMBER 16, 2021. Signed by Judge Anna M Manasco on 12/14/2021. (DNW, ) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

65

Unopposed MOTION for Protective Order by John Merrill. (Attachments: # 1 Exhibit A - Proposed Protective Order)(Davis, James) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

66

NOTICE by John Merrill re 60 Order,,, (Attachments: # 1 Exhibit 1 Bryan report - Singleton, # 2 Exhibit 2 Bryan report - Milligan & Caster, # 3 Exhibit 3 Bryan cv, # 4 Exhibit 4 Hood report)(Davis, James) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

67

PROTECTIVE ORDER. Signed by Judge Anna M Manasco on 12/14/2021. (FNC) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

68

NOTICE by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone re 60 Order,,, (Attachments: # 1 Exhibit 1 - Liu Report, # 2 Exhibit 2 - Bagley Declaration, # 3 Exhibit 3 - Williamson Report, # 4 Exhibit 4 - Imai Report, # 5 Exhibit 5 - Duchin Declaration)(Ross, Deuel) (Entered: 12/14/2021)

1 Exhibit 1 - Liu Report

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2 Exhibit 2 - Bagley Declaration

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3 Exhibit 3 - Williamson Report

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4 Exhibit 4 - Imai Report

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5 Exhibit 5 - Duchin Declaration

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Dec. 14, 2021

Dec. 14, 2021

PHV Fee paid: $ 75, receipt number 1126-3978087 (B4601117461). (Lawsen, Nicki) Modified on 12/14/2021 (DNW, ).

Dec. 14, 2021

Dec. 14, 2021

69

MOTION for Preliminary Injunction by Alabama State Conference of the NAACP, Shalela Dowdy, Greater Birmingham Ministries, Letetia Jackson, Evan Milligan, Khadidah Stone. (Ross, Deuel) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

Clearinghouse
70

Evidentiary Material . (Attachments: # 1 Exhibit 6 2021 Redistricting Plans Comparative, # 2 Exhibit 7 Hinaman Deposition, # 3 Exhibit 8 Douglas Declaration, # 4 Exhibit 9 Simelton Declaration, # 5 Exhibit 10 Dowdy Declaration, # 6 Exhibit 11 Milligan Declaration, # 7 Exhibit 12 Jackson Declaration, # 8 Exhibit 13 Oct 26 2021 Hearing Transcript, # 9 Exhibit 14 Hall Declaration)(Ross, Deuel) (Entered: 12/15/2021)

1 Exhibit 6 2021 Redistricting Plans Comparative

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2 Exhibit 7 Hinaman Deposition

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3 Exhibit 8 Douglas Declaration

View on RECAP

4 Exhibit 9 Simelton Declaration

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5 Exhibit 10 Dowdy Declaration

View on RECAP

6 Exhibit 11 Milligan Declaration

View on RECAP

7 Exhibit 12 Jackson Declaration

View on RECAP

8 Exhibit 13 Oct 26 2021 Hearing Transcript

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9 Exhibit 14 Hall Declaration

View on RECAP

Dec. 15, 2021

Dec. 15, 2021

RECAP
71

ORDER ON MOTION FOR PROTECTIVE ORDER:The court DENIED their motion in a short order on December 13, 2021. Milligan Doc. 59 . Defendants McClendon and Pringle"s Second Amended Motion for a Protective Order, Doc. 55, is DENIED. Signed by Judge Anna M Manasco on 12/16/2021. (DNW) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

72

ORDER: The parties are ORDERED to do the following: Send two hard copies of all exhibits and demonstratives that the parties intend to use during the preliminary injunction hearing to each member of this three-judge court at the addresses listed below as soon as practicable after the exhibits are filed as part of the parties joint pretrial report due on or before December 23, 2021, but in any event for a confirmed delivery on or before DECEMBER 28, 2021. File with the court not later than DECEMBER 27, 2021 a list of all counsel who will attend and participate in the preliminary injunction hearing so that the court may arrange appropriate seating in the courtroom. Alert the court not later than DECEMBER 27, 2021, by an e-mail to Judge Manasco's chambers (Manasco_Chambers@alnd.uscourts.gov), with a copy to all counsel, if counsel intends to use any audio-visual equipment during the preliminary injunction hearing other than the courtroom document camera. Signed by Judge Anna M Manasco on 12/16/2021. (DNW, ) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

73

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

Dec. 20, 2021

Dec. 20, 2021

Case Details

State / Territory:

Alabama

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Nov. 16, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil rights organizations, Greater Birmingham Ministries and the Alabama NAACP as well as individual Alabama voters seeking to vote in the challenged electoral districts.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Secretary of State, State

Alabama Permanent Legislative Committee on Reapportionment, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Alabama 2:21-cv-01530

Supreme Court of the United States 21-01086

U.S. Court of Appeals for the Eleventh Circuit 22-10278

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Redistricting/district composition

Voting: General & Misc.