Case: United States v. Alabama

2:12-cv-00179 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 24, 2012

Closed Date: Feb. 21, 2017

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Case Summary

The main issue in this case is the State of Alabama’s compliance with the Uniformed and Overseas Citizens Absentee Voting Act. The Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA") of 1986 permits uniformed service voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections. UOCAVA also requires that states transmit ballots validly requested by voters no later than 45 days before an election…

The main issue in this case is the State of Alabama’s compliance with the Uniformed and Overseas Citizens Absentee Voting Act.

The Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA") of 1986 permits uniformed service voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections. UOCAVA also requires that states transmit ballots validly requested by voters no later than 45 days before an election for Federal office, when the request is received at least 45 days before the election.

Under Alabama law, the timeline for the 2012 Federal Election primary and potential primary runoff election would not allow for the requisite 45-day advanced ballot transmission requirement in violation of UOCAVA. Moreover, Alabama and the Secretary of State of Alabama (“Secretary”) refused to provide any information about their UOCAVA compliance, despite the United States Attorney General’s repeated attempts to obtain the information. When they would not provide the necessary information, the Department of Justice attempted to contact Alabama counties to inquire whether validly requested UOCAVA ballots were transmitted in a timely manner. Some counties responded that the Secretary told them not to provide information to the Department of Justice and others said that the ballots were transmitted to voters after the deadline. Because of the delay, the Secretary adopted an emergency rule to extend the ballot receipt deadline for the primary election. The Department of Justice once again requested the Secretary written plan for complying with UOCAVA. The Secretary’s chief legal advisor responded by admitting, but refusing to provide any further information, that not all Alabama counties were able to transmit the UOCAVA ballots in a timely manner.

On February 24, 2012, the United States Attorney General filed this action against Alabama and the Secretary alleging that the defendants’ failure to ensure timely transmission of UOCAVA ballots violated Section 102(a)(8)(A) and deprived UOCAVA voters the full opportunity to vote in the March 2012 Federal primary election. The plaintiff also asserted that the defendants failed to ensure the absentee ballots were transmitted 45 days prior to the November 2010 Federal general election. The plaintiff further alleged that the defendants failed to promulgate a written plan that ensured UOCAVA ballots would be available to UOCAVA voters in a manner that provides sufficient time for them to vote in runoff elections, in violation of Section 102(a)(9). The plaintiff moved for the court to issue a declaratory judgment and injunctive relief ordering the defendants to: (1) ensure UOCAVA voters would have time to receive, mark, and submit their ballots in time to have them counted in the March 2012 Federal primary election and the potential April 2012 Federal primary runoff election; (2) ensure eligible UOCAVA voters are aware of the court’s order; (3) report to the United States and the court concerning the transmission, receipt and counting of UOCAVA ballots, and related notice procedures, for the March 2012 Federal primary election within 45 days after the primary election; and within 45 days after the potential April 2012 Federal primary runoff election; and (4) to take other necessary steps to ensure that Alabama conducts its future Federal elections in full compliance with UOCAVA.

After submitting the Complaint, the plaintiff moved for a preliminary injunction and temporary restraining order on February 27, 2012. It required the defendants to take necessary steps to ensure the Alabama voters qualified under UOCAVA who made timely requests for absentee ballots for the March 2012 Federal primary election were provided adequate time to receive, cast, and return their ballots to be counted in that election.

On February 28, 2012, the court granted the plaintiff’s motion for a preliminary injunction and temporary restraining order. The court required the defendants to: (1) file a county-specific report with the plaintiff detailing UOCAVA ballot activity throughout Alabama; (2) meet and confer with the plaintiff after the report is filed to discuss the appropriate next steps; (3) report back to the court with their joint recommendation (or separate recommendations if the parties could not agree) for providing Alabama’s UOCAVA voters with relief for the March 2012 Federal primary election and potential April 2012 Federal runoff-primary election. The court allowed the defendants to request the court reconsider the relief afforded in the order. Moreover, the court retained jurisdiction of the action to enter further relief as necessary.

The defendants filed multiple requests for the court to dissolve the temporary restraining order and preliminary injunction. They primarily argued that injunctive relief was not necessary because the Secretary was acting to protect UOCAVA voters and was going to continue to do so.

Despite these requests, the court granted the preliminary injunction on March 7, 2012. Notably, the court required that the defendants take steps to ensure UOCAVA ballots are counted as validly-cast ballots if they are received before a certain date, which was past Alabama’s usual deadline for absentee ballots. The court also required that the defendants ensure affected UOCAVA voters are contacted if their ballots were not received and allow them to receive a digital copy of the ballot. The defendants also had to issue a press release detailing the contents of the court order and issue a report to the court concerning the number of UOCAVA absentee ballots, by county, received and counted for the March 2012 Federal primary election. The court also required defendants to take steps to ensure compliance with UOCAVA for the remaining 2012 Federal elections. Finally, the court retained jurisdiction to ensure additional relief and the defendants’ compliance.

In a subsequent order on March 12, 2012, the court again denied the defendants’ motion to resolve the injunction. The court also requested that the plaintiff show cause as to why injunctive relief was still necessary, especially considering the March 7, 2012, order. The plaintiffs responded on March 23, 2012, arguing that the defendant’s motion to dissolve is moot because the court’s March 7, 2012, order superseded its limited February 28, 2012, order and that the defendants had no basis for seeking dissolution of the February 28, 2012, order as it imposed no remaining burden on them.

On July 26, 2013, after a request from the defendants, the court entered an order to ensure Alabama’s compliance with UOCAVA in a special Congressional election. The plaintiffs did not oppose the request, to the extent it pertained solely to the special election. The order laid out the complete timeline for the special primary and general elections, which would violate UOCAVA because of the compressed timeline. The order provided explicit instructions for how the defendants are to operate for the special election to comport with UOCAVA.

On November 5, 2013, the defendants filed a Motion for Partial Summary Judgment, alleging that they were entitled to summary judgment as to the plaintiff’s claim concerning federal runoff elections because runoff elections are governed by a provision of UOCAVA which only requires that “sufficient time” be provided for the ballots to be returned and counted as valid, not the 45-day rule. They also argued that the claim should be dismissed as nonjusticiable as it was not ripe when the February 2012 Complaint was filed because there was no runoff election during the 2012 Federal elections. Moreover, they highlighted that the issue was pending before the Eleventh Circuit Court of Appeals in a case arising in Georgia.

In response, the plaintiff filed a Motion for Summary Judgment, Declaratory Judgment and Permanent Injunctive Relief on November 6, 2013. The plaintiff argued they were entitled to summary judgment because the undisputed facts demonstrated that Alabama had repeatedly violated UOCAVA and that its primary runoff calendar conflicts with UOCAVA. Moreover, the plaintiff alleged they were entitled to injunctive relief because Alabama’s UOCAVA violations were likely to continue, absent relief from the court. The defendants argued that because many actors are involved in elections, which are not all controlled by the defendants, and the defendants have duties to all voters, not only UOCAVA voters, they should also not be solely responsible for UOCAVA compliance and that human error can impact compliance. The defendants also objected to certain provisions of the plaintiff’s proposed relief.

After mediation hearings, the parties negotiated in good faith and agreed to entry of a remedial order. The court approved the parties’ proposed remedial plan on January 17, 2014.

Despite the remedial plan, the court entered an opinion and a judgment on February 11, 2014. The court: (1) granted the plaintiffs’ motion for summary judgment; (2) denied the defendants’ motion for summary judgment; (3) entered summary judgment in favor of the plaintiff and against the defendants; (4) declared that UOCAVA’s 45-day transmittal requirement applies to federal runoff elections; (5) declared that Alabama’s runoff statue violated UOCAVA’s 45-day transmittal requirement; and (6) allowed the parties 14 days from the date of the judgment to propose or request relief. The court also ordered that costs are taxed against the defendants. The court defined relief under UOCAVA, consistent with the earlier opinion and judgment, and subsequently amended the order.

On March 24, 2014, the defendants appealed the opinion and judgment as well as the March 4, 2014, remedial order, as amended on March 14, 2014, to the United States Court of Appeals for the Eleventh Circuit. The Eleventh Circuit affirmed the court’s holding that the 45-day transmission deadline applied to federal runoff elections.

While the Notice of Appeal was pending and pursuant to prior court orders, the defendants filed the 55-day report, the 45-day report, and the 45-day surveys, all concerning Alabama’s 2014 Federal primary election. The defendants also filed a Motion for Relief from Judgment, pursuant to Federal Rule of Civil Procedure (“FRCP”) 60, on August 24, 2015. Defendants moved the court to vacate its injunction requiring that Alabama hold any federal runoff elections nine weeks after the primary election, and to vacate its order that Alabama’s runoff code violates UOCAVA. In a judgment, filed on October 5, 2015, the court granted certain aspects of the defendants’ motion. Importantly, the court vacated; (1) its February 11, 2014, decision that Alabama’s runoff statute violated UOCAVA’s 45-day transmittal requirement to the extent the state statute requires that a federal runoff election occur within 42 days of a primary; (2) the March 4, 2014, consent order; (3) the March 14, 2014, consent order; and (4) the May 4, 2014, consent order. The court also reiterated that the Eleventh Circuit’s decision remained in full force and effect.

Finally, on February 21, 2017, the defendants filed a Joint Notice and Motion Concerning Conclusion of a Case. The parties stipulated that the court’s remedial orders expired on their own terms, and no disputes remained. The parties moved the court to take any necessary actions to reflect that the case is at its end. The court subsequently dismissed and closed the case, on February 21, 2017, with all parties bearing their own costs.

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Summary Authors

Katie von Schaumburg (7/18/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4125805/parties/united-states-v-the-state-of-alabama/

Judge(s)

Attorney for Plaintiff

Baldwin, Anna (Alabama)

Berkower, Risa (Alabama)

Dellheim, Richard (Alabama)

Doyle, Stephen Michael (Alabama)

Attorney for Defendant

Davis, James William (Alabama)

Expert/Monitor/Master/Other

Judge(s)

Thompson, Myron Herbert (Alabama)

Attorney for Plaintiff

Baldwin, Anna (Alabama)

Berkower, Risa (Alabama)

Dellheim, Richard (Alabama)

Doyle, Stephen Michael (Alabama)

Fisher, Spencer Ross (Alabama)

Hine, Amanda (Alabama)

Jr, Thomas Christian (Alabama)

McFarland, Ernest Alan (Alabama)

Nobile, T. Russell (Alabama)

Ryan, Elizabeth M (Alabama)

Velandy, Erin M. (Alabama)

Williamson, Victor J (Alabama)

Attorney for Defendant

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Messick, Misty Shawn (Alabama)

Parker, William G. (Alabama)

Sinclair, Winfield James (Alabama)

Expert/Monitor/Master/Other

Gardner, Jesse Cecil (Alabama)

Heldman, Samuel Huntington (Alabama)

Segall, Robert David (Alabama)

Still, Wilson Edward (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:12-cv-00179	Complaint United States of America v. State of Alabama	Feb. 24, 2012	Feb. 24, 2012 Complaint
5 2:12-cv-00179	Motion for TRO and Preliminary Injunction United States of America v. The State of Alabam	Feb. 27, 2012	Feb. 27, 2012 Pleading / Motion / Brief
8 2:12-cv-00179	Opinion and Order United States of America v. State of Alabama	Feb. 28, 2012	Feb. 28, 2012 Order/Opinion 2012 WL 642312
14 2:12-cv-00179	State Defendants' Third Response to Court's Opinion and Order and Motion to Dissolve Injunction United States of America v. The State of Alabama	March 3, 2012	March 3, 2012 Pleading / Motion / Brief
21 2:12-cv-00179	Preliminary Injunction United States of America v. State of Alabama	March 7, 2012	March 7, 2012 Order/Opinion
22 2:12-cv-00179	Order United States of America v. State of Alabama	March 9, 2012	March 9, 2012 Order/Opinion
23 2:12-cv-00179	Opinion United States of America v. State of Alabama	March 12, 2012	March 12, 2012 Order/Opinion 857 F.Supp.2d 1236
24 2:12-cv-00179	Order United States of America v. State of Alabama	March 12, 2012	March 12, 2012 Order/Opinion
27 2:12-cv-00179	United States' Response to the Court's March 12, 2012 United States of America v The State of Alabama	March 23, 2012	March 23, 2012 Pleading / Motion / Brief
38 2:12-cv-00179	Unopposed Motion to Modify the Preliminary Injunction United States of America v The State of Alabama	Aug. 22, 2012	Aug. 22, 2012 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4125805/united-states-v-the-state-of-alabama/

Last updated Dec. 21, 2024, 8:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Beth Chapman and The State of Alabama, filed by United States of America. (No fee.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(scn, ) (Entered: 02/27/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Feb. 24, 2012	Feb. 24, 2012 RECAP
2	Summons Issued as to The State of Alabama and Beth Chapman; mailed CMRRR with copy of Complaint. (scn, ) (Entered: 02/27/2012)	Feb. 27, 2012	Feb. 27, 2012 PACER
3	Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to United States of America. Corporate Disclosures due by 3/8/2012. (Attachments: # 1 Standing order and sample format)(scn, ) (Entered: 02/27/2012)	Feb. 27, 2012	Feb. 27, 2012 PACER
4	Corporate/Conflict Disclosure Statement by United States of America re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Nobile, T.) (Entered: 02/27/2012)	Feb. 27, 2012	Feb. 27, 2012 PACER
	Set Hearings: Telephone Conference re Appeal set for 2/28/2012 07:00 AM in by telephone before Honorable Judge Myron H. Thompson. (ag, )	Feb. 27, 2012	Feb. 27, 2012 PACER
5	MOTION for Temporary Restraining Order and for Preliminary Injuctive Relief by United States of America. (Attachments: # 1 Memorandum In Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Nobile, T.) (Entered: 02/27/2012) 1 Memorandum In Support of Motion View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER 15 Exhibit N View on PACER 16 Exhibit O View on PACER 17 Exhibit P View on PACER 18 Text of Proposed Order View on PACER	Feb. 27, 2012	Feb. 27, 2012 RECAP
	MOTION for Preliminary Injunction by United States of America. (No PDF document; see 5 Motion for TRO) (scn, )	Feb. 27, 2012	Feb. 27, 2012 PACER
6	Corporate/Conflict Disclosure Statement by Beth Chapman, The State of Alabama. (Fairbanks, Misty) (Entered: 02/28/2012)	Feb. 28, 2012	Feb. 28, 2012 PACER
	***Attorneys Misty Shawn Fairbanks and James William Davis added for Beth Chapman and for The State of Alabama pursuant to 6 Statement. (cc, )	Feb. 28, 2012	Feb. 28, 2012 PACER
	*** Attorneys Misty S. Fairbanks and James W. Davis added for The State of Alabama, and Secretary of State Beth Chapman, pursuant to 6 Statement. (scn, )	Feb. 28, 2012	Feb. 28, 2012 PACER
7	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference re Appeal held on 2/28/2012 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ag, ) (Entered: 02/28/2012)	Feb. 28, 2012	Feb. 28, 2012 PACER
8	OPINION and ORDER granting 5 Motion for TRO, as further set out. Signed by Honorable Judge Myron H. Thompson on 2/28/12. (scn, )	Feb. 28, 2012	Feb. 28, 2012 RECAP
9	NOTICE of Appearance by Richard Dellheim on behalf of United States of America (Nobile, T.) Modified on 2/29/2012 to correct docket text to reflect PDF (scn, ). (Entered: 02/28/2012)	Feb. 28, 2012	Feb. 28, 2012 PACER
10	Response to Order by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Davis, James) (Entered: 02/29/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Feb. 29, 2012	Feb. 29, 2012 RECAP
11	Return Receipt Card showing service of Summons and Complaint signed by B. McCaster for Beth Chapman served on 2/28/2012, answer due 3/20/2012. (scn, ) (Entered: 02/29/2012)	Feb. 29, 2012	Feb. 29, 2012 PACER
12	Second Response to Order re 8 Opinion and Order, by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit 1 (with questionnaires through Chilton County), # 2 Exhibit 1 continued (Choctaw County to Etowah County), # 3 Exhibit 1 continued (Fayette County to Lowndes County), # 4 Exhibit 1 continued (Macon County to Russell County), # 5 Exhibit 1 continued (Shelby County to Winston County))(Davis, James) Modified on 3/7/2012 to clean up docket text (scn, ). (Entered: 03/01/2012) 1 Exhibit 1 (with questionnaires through Chilton County) View on PACER 2 Exhibit 1 continued (Choctaw County to Etowah County) View on PACER 3 Exhibit 1 continued (Fayette County to Lowndes County) View on PACER 4 Exhibit 1 continued (Macon County to Russell County) View on PACER 5 Exhibit 1 continued (Shelby County to Winston County) View on PACER	March 1, 2012	March 1, 2012 RECAP
13	First Supplement to 12 Second Response to Order re 8 Opinion and Order, by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit 1 (DeKalb County amended))(Davis, James) Modified on 3/7/2012 to clean up docket text (scn, ). (Entered: 03/02/2012)	March 2, 2012	March 2, 2012 PACER
14	Third Response to 8 Opinion and Order, and Motion to Dissolve Injunction, by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (Affidavit of Secretary of State Beth Chapman))(Davis, James) Modified on 3/7/2012 to clean up docket text (scn, ). (Entered: 03/03/2012) 1 Exhibit A (Affidavit of Secretary of State Beth Chapman) View on RECAP	March 3, 2012	March 3, 2012 RECAP
15	Response to Order re 8 Order on Motion for TRO Recommendation for Entry of Order Granting Preliminary Injunction by United States of America. (Attachments: # 1 Text of Proposed Order Granting United States' Request for Preliminary Injunction, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Nobile, T.) (Entered: 03/03/2012) 1 Text of Proposed Order Granting United States' Request for Preliminary Inju View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER	March 3, 2012	March 3, 2012 RECAP
	MOTION to Dissolve Injunction by Beth Chapman, The State of Alabama. (No pdf attached - See docket entry 14 ) (wcl, )	March 3, 2012	March 3, 2012 PACER
	Set Hearings: Telephone Conference set for 3/5/2012 09:20 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )	March 5, 2012	March 5, 2012 PACER
16	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/5/2012 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 03/05/2012)	March 5, 2012	March 5, 2012 PACER
17	RESPONSE to Motion re 14 MOTION to Dissolve Injunction Opposition to Defendants' Motion to Dissolve Injunction filed by United States of America. (Nobile, T.) (Entered: 03/05/2012)	March 5, 2012	March 5, 2012 RECAP
19	Return Receipt Card showing service of Summons and Complaint signed by Lynn Gray for The State of Alabama served on 3/1/2012, answer due 3/22/2012. (scn, ) (Entered: 03/06/2012)	March 5, 2012	March 5, 2012 PACER
18	Fourth Response to Order re 8 Order, by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (USDOJ's UOCAVA Ballot Questionnaire))(Davis, James) Modified on 3/7/2012 to clean up docket text (scn, ). (Entered: 03/06/2012)	March 6, 2012	March 6, 2012 PACER
20	Second Supplement to 12 Second Response to 8 Opinion and Order, by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (affidavit of Lee County Absentee Election Manager))(Davis, James) Modified on 3/7/2012 to clean up docket text (scn, ). (Entered: 03/06/2012)	March 6, 2012	March 6, 2012 PACER
21	PRELIMINARY INJUNCTION granting 5 motion for preliminary injunction, as further set out. Signed by Honorable Judge Myron H. Thompson on 3/7/12. (scn, ) (Entered: 03/07/2012)	March 7, 2012	March 7, 2012 RECAP
22	ORDER directing that the final opinion in support of the 21 preliminary injunction shall issue on March 12, 2012. Signed by Honorable Judge Myron H. Thompson on 3/9/12. (scn, )	March 9, 2012	March 9, 2012 RECAP
23	OPINION. Signed by Honorable Judge Myron H. Thompson on 3/12/12. (Attachments: # 1 Civil Appeals Checklist)(djy, )	March 12, 2012	March 12, 2012 RECAP
24	ORDER directing as follows: (1) to the extent the defendants opposed the preliminary-injunctive relief entered on 3/7/2012, the defendant's 14 motion to resolve injunction is denied; (2) to the extent the defendants in said motion oppose the temporary restraining order and preliminary injunction entered on 2/28/2012, the plf is to show cause, on or before 3/23/2012, why this inunctive relief is still necessary, especially in light of the injunction issued on 3/7/2012. Signed by Honorable Judge Myron H. Thompson on 3/12/12. (djy, ) (Entered: 03/12/2012)	March 12, 2012	March 12, 2012 RECAP
25	ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 3/30/2012. Signed by Honorable Judge Myron H. Thompson on 3/12/12. (djy, ) (Entered: 03/12/2012)	March 12, 2012	March 12, 2012 PACER
26	ANSWER to 1 Complaint by Beth Chapman, The State of Alabama.(Fairbanks, Misty) (Entered: 03/19/2012)	March 19, 2012	March 19, 2012 PACER
27	RESPONSE TO ORDER TO SHOW CAUSE by United States of America re 24 Order (Nobile, T.) Modified on 3/26/2012 to clean up docket text (scn, ). (Entered: 03/23/2012)	March 23, 2012	March 23, 2012 RECAP
28	REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order)(Nobile, T.) (Entered: 03/30/2012)	March 30, 2012	March 30, 2012 PACER
29	UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 6/4/2013 before Honorable Judge Myron H. Thompson; Non-Jury Trial set for 7/1/2013 before Honorable Judge Myron H. Thompson; Dispositive Motions due by 3/6/2013; Mediation Notice due by 4/1/2013; Amended Pleadings by plf due by 12/14/2012 and by dfts due by 1/7/2013; Discovery due by 1/31/2013, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 4/2/2012. (furn: Calendar, ag)(wcl, ) (Entered: 04/02/2012)	April 2, 2012	April 2, 2012 PACER
30	ORDERED that the issue of the manner in which disclosure or discovery of electronically stored information should be handled is referred to the magistrate judge for resolution, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 4/2/2012. (wcl, ) (Entered: 04/02/2012)	April 2, 2012	April 2, 2012 PACER
31	ORDER directing that a hearing on the issue of the manner in which disclosure or discovery of electronically stored information should be handled is hereby set before the undersigned Magistrate Judge on April 10, 2012 at 10:00 a.m. in Courtroom 5A, Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Wallace Capel, Jr on 4/3/12. (Furnished to Calendar and KG.)(scn, ) (Entered: 04/03/2012)	April 3, 2012	April 3, 2012 PACER
33	Minute Entry for Discovery Hearing held before Honorable Judge Wallace Capel, Jr on 4/10/2012 (PDF available for court use only). (Recording Time 10:07-11:50.) (cb, ) (Entered: 04/17/2012)	April 10, 2012	April 10, 2012 PACER
32	Response to Order re 21 Preliminary Injunction, Terminate Motions (State Defendants' Response in Compliance with the Court's Preliminary Injunction) by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (summary), # 2 Exhibit B (local election official responses))(Davis, James) (Entered: 04/13/2012)	April 13, 2012	April 13, 2012 PACER
34	ORDER directing that, following a hearing on the manner in which disclosure or discovery of electronically stored information should be handled, on or before April 27, 2012, the parties shall file a joint notice with the court, indicating whether a joint agreement has been reached, or stating any unresolved issues and each parties position as to those issues, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 4/24/12. (scn, ) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012 PACER
35	Joint MOTION Entry of Order by United States of America, The State of Alabama, and Beth Chapman. (Attachments: # 1 Text of Proposed Order)(Berkower, Risa) Modified on 4/30/2012 to add JOINT FILERS pursuant to joint motion (scn, ). (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
36	ORDER REGARDING PRESERVATION AND PRODUCTION OF ELECTRONICALLY STORED INFORMATIONAND OTHER DISCOVERY PROCEDURES; granting 35 Joint Motion for an Order, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/4/2012. (wcl, ) (Entered: 05/04/2012)	May 4, 2012	May 4, 2012 PACER
37	NOTICE of Appearance by Spencer Ross Fisher on behalf of United States of America (Fisher, Spencer) (Additional attachment(s) added on 8/20/2012: # 1 Corrected certificate of service) (scn, ). (Entered: 08/17/2012)	Aug. 17, 2012	Aug. 17, 2012 PACER
38	MOTION to Modify 21 Preliminary Injunction, by Beth Chapman, The State of Alabama. (Davis, James) Modified on 8/23/2012 to clean up docket text (scn, ). (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 RECAP
39	ORDER directing that the 38 motion to modify the preliminary injunction is granted as requested. Signed by Honorable Judge Myron H. Thompson on 8/23/12. (scn, ) (Entered: 08/23/2012)	Aug. 23, 2012	Aug. 23, 2012 RECAP
40	NOTICE of Appearance by Ernest Alan Mcfarland on behalf of United States of America (Mcfarland, Ernest) (Additional attachment(s) added on 8/23/2012: # 1 Corrected certificate of service) (scn, ). (Entered: 08/23/2012)	Aug. 23, 2012	Aug. 23, 2012 PACER
41	NOTICE by Beth Chapman, The State of Alabama re 21 Preliminary Injunction, Terminate Motions (State Defendants' Notice of Filing and of Compliance) (Attachments: # 1 Exhibit A)(Davis, James) (Entered: 09/19/2012)	Sept. 19, 2012	Sept. 19, 2012 PACER
42	NOTICE by Beth Chapman, The State of Alabama re 21 Preliminary Injunction, Terminate Motions, 39 Order on Motion to Modify State Defendants' Notice of Filing and of Compliance (45-day report) (Attachments: # 1 Exhibit A)(Davis, James) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012 PACER
43	NOTICE of Filing Supplemental Report, by Beth Chapman, The State of Alabama (Attachments: # 1 Exhibit A (supplemental 45-day report))(Davis, James) Modified on 10/11/2012 to clean up docket text (scn, ). (Entered: 10/10/2012)	Oct. 10, 2012	Oct. 10, 2012 PACER
44	NOTICE by Beth Chapman, The State of Alabama re 21 Preliminary Injunction, Terminate Motions, 39 Order on Motion to Modify (State Defendants' Notice of Filing and of Compliance (44-day to 3-day report)) (Attachments: # 1 Exhibit A)(Davis, James) (Entered: 10/11/2012)	Oct. 11, 2012	Oct. 11, 2012 PACER
45	NOTICE by Beth Chapman, The State of Alabama re 44 Notice (Other), 21 Preliminary Injunction, Terminate Motions, 39 Order on Motion to Modify (State Defendants' Notice of Filing Supplemental Report (44-day to 30-day report) (Attachments: # 1 Exhibit A (supplemental report - 44-day to 30-day))(Davis, James) (Entered: 10/12/2012)	Oct. 12, 2012	Oct. 12, 2012 PACER
46	NOTICE by Beth Chapman, The State of Alabama re 43 Notice (Other), 21 Preliminary Injunction, Terminate Motions (State Defendants' Notice of Remedy) (Attachments: # 1 Exhibit A (preclearance submission, including attachments))(Davis, James) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 PACER
47	NOTICE by Beth Chapman, The State of Alabama re 46 Notice (Other), (State Defendants' Notice of Preclearance) (Attachments: # 1 Exhibit A (preclearance letter))(Davis, James) (Entered: 10/24/2012)	Oct. 24, 2012	Oct. 24, 2012 PACER
48	NOTICE of Appearance by Amanda Hine on behalf of United States of America (Hine, Amanda) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
49	MOTION to Withdraw as Attorney by Risa Berkower by United States of America. (Attachments: # 1 Text of Proposed Order)(Mcfarland, Ernest) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
50	ORDER granting 49 Motion to Withdraw. Signed by Honorable Judge Myron H. Thompson on 11/30/12. (scn, ) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
	*** Attorney Risa Berkower terminated pursuant to 50 Order. (scn, )	Nov. 30, 2012	Nov. 30, 2012 PACER
51	MOTION for Extension of Deadline (Close of Discovery and Filing of Dispositive Motions) re 29 Scheduling Order, (State Defendants' Unopposed Motion to Extend Certain Deadlines) by Beth Chapman, The State of Alabama. (Davis, James) (Entered: 12/13/2012)	Dec. 13, 2012	Dec. 13, 2012 PACER
52	ORDER directing that the 51 motion to extend certain deadlines is granted as requested. Signed by Honorable Judge Myron H. Thompson on 12/17/12. (scn, ) (Entered: 12/17/2012)	Dec. 17, 2012	Dec. 17, 2012 PACER
53	MOTION for Protective Order (Unopposed Motion for Protective Order) by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (proposed Protective Order))(Davis, James) (Entered: 01/30/2013)	Jan. 30, 2013	Jan. 30, 2013 PACER
54	PROTECTIVE ORDER governing confidential information and documents, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 1/30/13. (scn, ) (Entered: 01/30/2013)	Jan. 30, 2013	Jan. 30, 2013 PACER
55	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on March 5, 2012, before Honorable Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number (334) 262-1221. 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 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013. (scn, ) (Entered: 02/11/2013)	Feb. 8, 2013	Feb. 8, 2013 PACER
56	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on February 28, 2012, before Honorable Judge Myron H. Thompson. Court Reporter/Transcriber Risa L. Entrekin, Telephone number (3340 240-2405. 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 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/13/2013. (scn, ) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013 PACER
57	MOTION for Extension of Deadline (Close of Discovery, Filing of Dispositive Motions, and Trial Date) re 52 Order, Set Scheduling Order Deadlines, Terminate Motions by United States of America. (Mcfarland, Ernest) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013 PACER
58	ORDER directing as follows: (1) The 57 motion to extend is granted; (2) The 29 uniform scheduling order is modified in the following respects: (A) The pretrial is reset for October 18, 2013, and the trial is reset for term of court beginning on November 18, 2013, with all deadlines expressly tied to these two dates adjusted accordingly; (B) The deadline for completing discovery is extended to May 31, 2013; (C) All other deadlines are unchanged. Signed by Honorable Judge Myron H. Thompson on 3/5/13. (Furnished to Calendar/AG)(Term'd: Final PTC 06/04/2013 and Non-Jury trial 07/01/2013)(scn, ) (Entered: 03/05/2013)	March 5, 2013	March 5, 2013 PACER
59	First MOTION to depose additional witnesses by United States of America. (Attachments: # 1 Text of Proposed Order)(Hine, Amanda) (Entered: 04/09/2013)	April 9, 2013	April 9, 2013 PACER
60	ORDER granting 59 Motion to depose additional witnesses. Signed by Honorable Judge Myron H. Thompson on 4/9/13. (scn, ) (Entered: 04/09/2013)	April 9, 2013	April 9, 2013 PACER
61	NOTICE of Appearance by Laura Elizabeth Howell on behalf of Beth Chapman, The State of Alabama (Howell, Laura) (Entered: 05/08/2013)	May 8, 2013	May 8, 2013 PACER
62	NOTICE of Appearance by William G. Parker, Jr on behalf of Beth Chapman, The State of Alabama (Parker, William) (Entered: 05/08/2013)	May 8, 2013	May 8, 2013 PACER
63	NOTICE of Appearance by Elizabeth M Ryan on behalf of United States of America (Ryan, Elizabeth) (Entered: 05/13/2013)	May 13, 2013	May 13, 2013 PACER
64	NOTICE of Appearance by Anna Baldwin on behalf of United States of America (Baldwin, Anna) (Entered: 05/13/2013)	May 13, 2013	May 13, 2013 PACER
65	NOTICE of Appearance by Victor J Williamson on behalf of United States of America (Williamson, Victor) (Entered: 05/21/2013)	May 21, 2013	May 21, 2013 PACER
66	NOTICE of Appearance by Erin M. Velandy on behalf of United States of America (Velandy, Erin) (Entered: 05/24/2013)	May 24, 2013	May 24, 2013 PACER
67	Joint MOTION for Extension of Deadlines (Filing of Dispositive Motions, Trial Date, and Pretrial Conference) re 58, 52, and 29 Orders, by United States of America, State of Alabama, and Beth Chapman. (Mcfarland, Ernest) Modified on 7/17/2013 TO ADD JOINT FILERS PURSUANT TO PDF DOCUMENT and to clean up docket text (scn, ). (Entered: 07/16/2013)	July 16, 2013	July 16, 2013 PACER
68	ORDER directing as follows: (1) The 67 motion to extend is granted; (2) The 29 uniform scheduling order is modified in the following respects: (A) The pretrial is reset for December 19, 2013, and the trial is reset for term of court beginning on January 27, 2014, with all deadlines expressly tied to these two dates adjusted accordingly; (B) All other deadlines are unchanged. Signed by Honorable Judge Myron H. Thompson on 7/17/13. (Furnished to Calendar/AG)(Term'd: Final PTC 10/18/2013 and Non-Jury Trial 11/18/2013)(scn, ) (Entered: 07/17/2013)	July 17, 2013	July 17, 2013 PACER
69	MOTION for Order (Unopposed and Time Sensitive Motion for Entry of an Order Concerning a Special Election) by Beth Chapman, The State of Alabama. (Attachments: # 1 Exhibit A (sample primary ballot - instant runoff), # 2 Exhibit B (sample special general election ballot), # 3 Text of Proposed Order)(Davis, James) (Entered: 07/26/2013) 1 Exhibit A (sample primary ballot - instant runoff) View on PACER 2 Exhibit B (sample special general election ballot) View on PACER 3 Text of Proposed Order View on PACER	July 26, 2013	July 26, 2013 RECAP
70	NOTICE Regarding Defendants' Proposal for the 2013 Special Congressional Elections by United States of America (Fisher, Spencer) Modified on 7/29/2013 to correct docket text (jg, ). (Entered: 07/26/2013)	July 26, 2013	July 26, 2013 PACER
71	ORDER that the defendants' motion for entry of an order concerning a special election 69 is granted as further set out; that defendants shall provide counsel for the United States the following information in a format to be jointly negotiat ed by the parties as further set out; that defendants shall provide notice to UOCAVA voters as set out in order; that the defendants shall provide a copy of this Court's Order to the Probate Judges, Absentee Election Managers, the Boards of Regi strars, and the Chairs of both County Party Executive Committees in each of the six Alabama Counties that comprise the 1st Congressional District: Baldwin, Escambia, Mobile, Monroe, Washington and Clarke County (partially within the Congressional D istrict). Defendants shall also provide a copy of this Court's Order to the Chairs of the State Party Executive Committees. Signed by Honorable Judge Myron H. Thompson on 7/26/2013. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(jg, )	July 26, 2013	July 26, 2013 RECAP
72	NOTICE Concerning Special Election by Jim Bennett, The State of Alabama re 71 Order. (Messick, Misty) Modified on 8/8/2013 to clarify the docket text, to add Jim Bennett as a filer and to remove Beth Chapman as a filer (wcl, ). (Entered: 08/06/2013)	Aug. 6, 2013	Aug. 6, 2013 PACER
73	ORDERED that Jim Bennett shall replace Beth Chapman as a dft in this case. Signed by Honorable Judge Myron H. Thompson on 8/8/2013. (wcl, ) (Entered: 08/08/2013)	Aug. 8, 2013	Aug. 8, 2013 PACER
74	ORDERED that the 72 Notice of Amended Procedure for Special Election is approved. Signed by Honorable Judge Myron H. Thompson on 8/8/2013. (wcl, ) (Entered: 08/08/2013)	Aug. 8, 2013	Aug. 8, 2013 RECAP
75	Joint MOTION for Extension of Deadline dispositive motion re 29 Scheduling Order, 68 Order, Terminate Motions, Set Deadlines/Hearings,,,,,, (Joint Motion for Two-Week Extension of the Deadline for Dispositive Motions) by Jim Bennett, The State of Alabama. (Davis, James) (Entered: 09/13/2013)	Sept. 13, 2013	Sept. 13, 2013 PACER
76	ORDER granting 75 Motion for a two-week extension. Signed by Honorable Judge Myron H. Thompson on 9/16/13. (scn, ) (Entered: 09/16/2013)	Sept. 16, 2013	Sept. 16, 2013 PACER
77	MOTION to Stay Dispositive Motions Deadline in Light of Lapse of Appropriations (re: Doc. No. 29 as amended by Doc. Nos. 58, 68, and 76) by United States of America. (Baldwin, Anna) (Entered: 10/01/2013)	Oct. 1, 2013	Oct. 1, 2013 PACER
78	ORDER directing that the 77 motion to stay dispositive-motion deadline is granted to the extent that the dispositive-motion deadline is continued until 14 business days after appropriations are restored to the Department of Justice. Signed by Honorable Judge Myron H. Thompson on 10/01/13. (scn, ) (Entered: 10/01/2013)	Oct. 1, 2013	Oct. 1, 2013 PACER
79	NOTICE of Compliance re 71 Order, by Jim Bennett, The State of Alabama (Attachments: # 1 Exhibit Report on the Transmission of Standard Primary Runoff Ballots for the 1st Congressional District Special Election)(Messick, Misty) Modified on 10/11/2013 to clean up docket text (scn, ). (Entered: 10/10/2013)	Oct. 10, 2013	Oct. 10, 2013 PACER
80	NOTICE by United States of America Regarding Restoration of Appropriations (Fisher, Spencer) (Entered: 10/17/2013)	Oct. 17, 2013	Oct. 17, 2013 PACER
81	MOTION for Partial Summary Judgment by Jim Bennett, The State of Alabama. (Messick, Misty) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 RECAP
82	BRIEF/MEMORANDUM in Support of State Defendants' 81 Motion for Partial Summary Judgment, filed by Jim Bennett, The State of Alabama. (Attachments: # 1 Exhibit A (UOCAVA as amended), # 2 Exhibit B (Section 579), # 3 Exhibit C (Packard affidavit), # 4 Exhibit D (USDOJ's 2005 letter), # 5 Exhibit E (US' 2006 Complaint), # 6 Exhibit F (US' 2006 Motion), # 7 Exhibit G (US' 2006 Notice of Dismissal))(Messick, Misty) Modified on 11/6/2013 TO CREATE RELATIONSHIP TO 81 MOTION (scn, ). (Entered: 11/05/2013) 1 Exhibit A (UOCAVA as amended) View on PACER 2 Exhibit B (Section 579) View on PACER 3 Exhibit C (Packard affidavit) View on PACER 4 Exhibit D (USDOJ's 2005 letter) View on PACER 5 Exhibit E (US' 2006 Complaint) View on PACER 6 Exhibit F (US' 2006 Motion) View on PACER 7 Exhibit G (US' 2006 Notice of Dismissal) View on PACER	Nov. 5, 2013	Nov. 5, 2013 RECAP
83	MOTION for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Hine, Amanda) (Entered: 11/06/2013)	Nov. 6, 2013	Nov. 6, 2013 PACER
84	BRIEF/MEMORANDUM in Support of United States 83 Motion for Summary Judgment, Declaratory Judgment, and Permanent Injunctive Relief, filed by United States of America. (Attachments: # 1 Appendix Statement of Undisputed Facts, # 2 Appendix Exhibit List, # 3 Exhibit Exhibits 1-20, # 4 Exhibit Exhibits 21-40, # 5 Exhibit Exhibits 41-60, # 6 Exhibit Exhibits 61-66)(Hine, Amanda) Modified on 11/7/2013 to create relationship to 83 MOTION for Summary Judgment (scn, ). (Entered: 11/06/2013) 1 Appendix Statement of Undisputed Facts View on PACER 2 Appendix Exhibit List View on PACER 3 Exhibit Exhibits 1-20 View on PACER 4 Exhibit Exhibits 21-40 View on PACER 5 Exhibit Exhibits 41-60 View on PACER 6 Exhibit Exhibits 61-66 View on PACER	Nov. 6, 2013	Nov. 6, 2013 RECAP
	Set Hearings: Telephone Conference set for 11/8/2013 10:30 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )	Nov. 7, 2013	Nov. 7, 2013 PACER
85	MOTION for Extension of Time to File Response/Reply as to 83 MOTION for Summary Judgment, 81 MOTION for Partial Summary Judgment by United States of America. (Mcfarland, Ernest) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
86	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference re Mediation held on 11/8/2013 (PDF available for court use only). (Recording Time 10:46 - 10:56.) (ag, ) (Entered: 11/08/2013)	Nov. 8, 2013	Nov. 8, 2013 PACER
87	ORDER directing that, based on the representations made on the record on November 8, 2013, it is ORDERED that the motion to set (doc. no. 85 ) is granted as follows: (1) The motions for summary judgment (doc. nos. 81 and 83 ) are set for submission, without oral argument, on December 18, 2013; (2) Any opposition briefs and evidentiary materials are due by December 4, 2013. Signed by Honorable Judge Myron H. Thompson on 11/15/13. (scn, ) (Entered: 11/15/2013)	Nov. 15, 2013	Nov. 15, 2013 PACER
88	MOTION for William G. Parker, Jr. to Withdraw as Attorney by Jim Bennett, Beth Chapman, The State of Alabama. (Parker, William) Modified on 11/18/2013 to add name of filing attorney (scn, ). (Entered: 11/15/2013)	Nov. 15, 2013	Nov. 15, 2013 PACER
89	MOTION for Laura E. Howell to Withdraw as Attorney by Jim Bennett, Beth Chapman, The State of Alabama. (Howell, Laura) Modified on 11/18/2013 to add name of filing attorney (scn, ). (Entered: 11/15/2013)	Nov. 15, 2013	Nov. 15, 2013 PACER
90	ORDER directing that the motions to withdraw as counsel (doc. nos. 88 and 89 ) are granted. Signed by Honorable Judge Myron H. Thompson on 11/19/13. (scn, ) (Entered: 11/19/2013)	Nov. 19, 2013	Nov. 19, 2013 PACER
	*** Attorneys Laura Elizabeth Howell and William G. Parker, Jr terminated pursuant to 90 Order. (scn, )	Nov. 19, 2013	Nov. 19, 2013 PACER
91	ORDER directing that this matter is set for a mediation conference on December 10, 2013, at 10:00 a.m., in Courtroom 5A, United States Courthouse, One Church Street, Montgomery, Alabama; further ORDERED that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 11/19/13. (Furnished to Calender/KF)(scn, ) (Entered: 11/19/2013)	Nov. 19, 2013	Nov. 19, 2013 PACER