Case: State of New Hampshire v. Holder

1:12-cv-01854 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 15, 2012

Closed Date: March 1, 2013

Clearinghouse coding complete

Case Summary

Pursuant to Section 4(a)(1) of the Voting Rights Act, the State of New Hampshire on November 15, 2012 filed suit in the United States District Court for the District of Columbia seeking a declaratory judgment exempting ten New Hampshire towns and townships from coverage under Section 4(b) of the Voting Rights Act, also known as a “bailout” from the requirements contained therein. New Hampshire and the ten covered towns and townships were represented by private counsel in addition to the New Ham…

Pursuant to Section 4(a)(1) of the Voting Rights Act, the State of New Hampshire on November 15, 2012 filed suit in the United States District Court for the District of Columbia seeking a declaratory judgment exempting ten New Hampshire towns and townships from coverage under Section 4(b) of the Voting Rights Act, also known as a “bailout” from the requirements contained therein. New Hampshire and the ten covered towns and townships were represented by private counsel in addition to the New Hampshire Attorney General. As required by 28 U.S.C. § 2284 and 42 U.S.C. § 1973b(a)(5), the matter was heard by a three-judge panel. 

The action involved very little litigation, as the Attorney General of the United States of America did not contest the action and determined based upon independent investigation that the municipalities were in fact entitled to the requested bailout. A private individual did, however, seek to intervene to stop the bailout by motion filed on December 5, 2012. The individual asserted merely that, as a registered voter in New Hampshire (though not in any of the towns or townships covered by the suit), he had standing to intervene. Determining that the prospective intervenor lacked any standing and because his intervention would only delay the adjudication of the matter, the Court on March 1, 2013 denied the motion to intervene. 

By final order on the same day, the Court entered an order granting the parties’ Consent Judgment and Decree and determining the New Hampshire towns and townships of Antrim, Benton, Boscawen, Millsfield, Newington, Pinkham’s Grant, Rindge, Stewartstown, Stratford, and Unity were exempted from preclearance requirements of the Voting Rights Act. Specifically, the Court noted the Attorney General’s consent to the entry of declaratory judgment granting bailout following “comprehensive and independent investigation to determine the eligibility for bailout.” The Court did note evidence of potential voting changes which had not been submitted for preclearance to the Attorney General, but noted that any such deficiencies had since been remedied and did not appear to be the result of deliberate discriminatory intent. Due to a failure of any adjudications or other determinations that any of the concerned towns or townships had enacted voting laws with a discriminatory intent and had otherwise fully complied or made every effort to comply with the requirements of the Voting Rights Act, the Court accepted the Attorney General’s findings and granted the municipalities the requested bailout. Each party was ordered to cover its own costs in the action. The matter was then closed. 

Summary Authors

Connor Hicks (11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5024804/parties/state-of-new-hampshire-v-holder/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorney for Plaintiff

Hebert, Joseph Gerald (District of Columbia)

Pershing, Stephen B. (District of Columbia)

Attorney for Defendant

Donovan, SaraBeth (District of Columbia)

Expert/Monitor/Master/Other

Rosman, Michael E. (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:12-cv-01854

Plaintiff's Unopposed Motion to Convene Three-Judge Court

New Hampshire v. Holder

Nov. 15, 2012

Nov. 15, 2012

Pleading / Motion / Brief
2

1:12-cv-01854

Complaint

The State of New Hampshire v. Holder

Nov. 15, 2012

Nov. 15, 2012

Complaint
3

1:12-cv-01854

Order

New Hampshire v. Holder

Nov. 20, 2012

Nov. 20, 2012

Order/Opinion
6

1:12-cv-01854

Motion to Intervene

Dec. 5, 2012

Dec. 5, 2012

Pleading / Motion / Brief
8

1:12-cv-01854

Plaintiff's Memorandum of Points and Authorities in Opposition to Heilemann's Motion to Intervene

Dec. 19, 2012

Dec. 19, 2012

Pleading / Motion / Brief
15

1:12-cv-01854

Memorandum Opinion of Three-Judge Court

March 1, 2013

March 1, 2013

Order/Opinion

293 F.R.D. 293

14

1:12-cv-01854

Order of the Three Judge Court

March 1, 2013

March 1, 2013

Order/Opinion
16

1:12-cv-01854

Consent Judgment and Decree

March 1, 2013

March 1, 2013

Order/Opinion

293 F.R.D. 293

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5024804/state-of-new-hampshire-v-holder/

Last updated March 9, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ERIC HOLDER, THOMAS E. PEREZ ( Filing fee $ 350, receipt number 4616052694) filed by STATE OF NEW HAMPSHIRE. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/19/2012)

1 Civil Cover Sheet

View on RECAP

Nov. 15, 2012

Nov. 15, 2012

Clearinghouse

SUMMONS (2) Issued as to ERIC HOLDER, THOMAS E. PEREZ, U.S. Attorney and U.S. Attorney General (jf, )

Nov. 15, 2012

Nov. 15, 2012

PACER
2

Unopposed MOTION to Convene Three-Judge Court by STATE OF NEW HAMPSHIRE. (jf, ) (Entered: 11/19/2012)

Nov. 15, 2012

Nov. 15, 2012

Clearinghouse
3

ORDER granting 2 Motion to Convene Three-Judge Court; A copy of this Order is transmitted to the U.S. Court of Appeals.. Signed by Judge Emmet G. Sullivan on 11/19/12. (clv, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

Clearinghouse
4

USCA ORDER filed in USCA on 11/20/12 FOR DESIGNATION OF JUDGES TO SERVE ON THREE-JUDGE DISTRICT COURT; designating Circuit Judge Thomas B. Griffith and District Judge Rosemary M. Collyer along with District Court Judge Emmet G. Sullivan to hear and determine this case. The U.S. Circuit Court Judge to preside over this case. (Signed by Chief Judge David B.Sentelle, U.S. Court of Appeals for the D.C. Circuit on 11/20/12) (jeb, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
5

ENTERED IN ERROR.....MOTION to Intervene by Peter Heilemann (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Proposed Motion To Dismiss)(Rosman, Michael) Modified on 12/6/2012 (jf, ). (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
6

Amended MOTION to Intervene (With Executed Statement) by Peter Heilemann (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Proposed Motion To Dismiss)(Rosman, Michael) (Entered: 12/05/2012)

1 Text of Proposed Order

View on PACER

2 Affidavit

View on PACER

3 Proposed Motion To Dismiss

View on PACER

Dec. 5, 2012

Dec. 5, 2012

Clearinghouse

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 5 MOTION to Intervene was entered in error and refiled by counsel. (See Docket Entry 6 to view document) (jf, )

Dec. 6, 2012

Dec. 6, 2012

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STATE OF NEW HAMPSHIRE served on 11/26/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/21/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/26/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 1/25/2013.) (Hebert, Joseph) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
8

Memorandum in opposition to re 6 Amended MOTION to Intervene (With Executed Statement) filed by STATE OF NEW HAMPSHIRE. (Attachments: # 1 Text of Proposed Order)(Hebert, Joseph) (Entered: 12/19/2012)

1 Text of Proposed Order

View on PACER

Dec. 19, 2012

Dec. 19, 2012

Clearinghouse
9

Memorandum in opposition to re 6 Amended MOTION to Intervene (With Executed Statement) filed by ERIC HOLDER, THOMAS E. PEREZ. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Donovan, SaraBeth) (Entered: 12/19/2012)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

Dec. 19, 2012

Dec. 19, 2012

PACER
10

Joint MOTION to Approve Consent Judgment and Decree by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Donovan, SaraBeth) (Entered: 12/21/2012)

1 Text of Proposed Order

View on PACER

Dec. 21, 2012

Dec. 21, 2012

PACER
11

REPLY to opposition to motion re 6 Amended MOTION to Intervene (With Executed Statement) filed by PETER HEILEMANN. (Rosman, Michael) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
12

STATUS REPORT to the Court Regarding Bailout Agreement Publication by STATE OF NEW HAMPSHIRE. (Attachments: # 1 Exhibit Sworn Declaration of David Scanlan and Bailout Notice)(Hebert, Joseph) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
13

NOTICE of Appearance by Stephen B. Pershing on behalf of STATE OF NEW HAMPSHIRE (Pershing, Stephen) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
14

ORDER denying 6 Motion to Intervene. Signed by Signed by Judges Thomas B. Griffith, Emmet G. Sullivan, and Rosemary M. Collyer and posted by Judge Emmet G. Sullivan on March 1, 2013. (lcegs2) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

RECAP
15

MEMORANDUM OPINION. Signed by Judges Thomas B. Griffith, Emmet G. Sullivan, and Rosemary M. Collyer and posted by Judge Emmet G. Sullivan on March 1, 2013. (lcegs2) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

RECAP
16

ORDER granting 10 Motion to Approve Consent Judgment and entering Consent Judgment and Decree. Signed by Judges Thomas B. Griffith, Emmet G. Sullivan, and Rosemary M. Collyer and posted by Judge Emmet G. Sullivan on March 1, 2013. (lcegs2) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 15, 2012

Closing Date: March 1, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of New Hampshire

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Attorney General (District of Columbia), Federal

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Special Case Type(s):

Three-Judge Court

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Voting: General & Misc.