Case: Chestnut v. Merrill

2:18-cv-00907 | U.S. District Court for the Northern District of Alabama

Filed Date: June 13, 2018

Closed Date: Feb. 17, 2020

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Case Summary

This is a case about dilution of African American voting strength by congressional districting in Alabama. On 13 June 2018, eight African American voters residing in Alabama filed this lawsuit in the U.S. District Court for the Northern District of Alabama Southern Division. The plaintiffs were represented by private counsel. The case was initially assigned to Magistrate Judge John E Ott, and reassigned to Chief Judge Karon O Bowdre. The plaintiffs sued the Alabama Secretary of State. The plain…

This is a case about dilution of African American voting strength by congressional districting in Alabama. On 13 June 2018, eight African American voters residing in Alabama filed this lawsuit in the U.S. District Court for the Northern District of Alabama Southern Division. The plaintiffs were represented by private counsel. The case was initially assigned to Magistrate Judge John E Ott, and reassigned to Chief Judge Karon O Bowdre. The plaintiffs sued the Alabama Secretary of State. The plaintiffs claimed that Alabama’s congressional districting plan based on the 2010 federal census violated Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, by “packing” and “cracking” African American voters between congressional districts to dilute African American voting strength, such that African Americans had less opportunity to elect representatives of their choice than other members of the electorate. They sought a declaration that the current districting scheme was unconstitutional, an injunction preventing Alabama from giving effect to the current district boundaries or conducting elections using those boundaries, and an order for the adoption of a valid congressional districting plan that included a second majority-minority district. 

On 9 July 2018, the defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, on the basis that the plaintiffs lacked standing to bring the suit because the remedy they sought, of a valid congressional districting plan, would not redress the alleged racially-gerrymandered districts. On 16 July 2018, the court ordered the plaintiffs to show cause. In response, on 23 July 2018, the plaintiffs submitted an amended complaint and a response to the defendant’s motion to dismiss. The plaintiffs argued that the motion to dismiss was based on a misinterpretation of their vote dilution claim brought under Section 2 Voting Rights Act with racial gerrymandering claims brought under the U.S. Constitution. The plaintiffs also held that, because they had only alleged a statutory Section 2 claim – not a constitutional claim – the case was properly brought before a single district judge. 

On 6 August 2018, the defendant filed an answer to the plaintiffs’ amended complaint, admitting to several of the plaintiffs’ factual allegations, but denying that Alabama’s constitutional districting plan violated Section 2 of the Voting Rights Act. On 8 August 2018, the court entered an initial order governing all further proceedings. 

On 27 August 2018, an Alabama Senator submitted a motion to intervene as a defendant in his official capacity as Alabama Senator and member of Alabama Legislature’s Permanent Legislative Committee on Reapportionment which had drawn up Alabama’s congressional districting plan, together with a proposed response to the plaintiffs’ amended complaint. However on 16 October 2018, the court denied the motion to intervene on the basis that the Alabama Senator had failed to demonstrate why he had a claim or defense in this case not already adequately represented by the state Attorney General.

On 2 November 2018, the defendant filed a motion for judgment on the pleadings, arguing that jurisdiction lay with a three-judge panel because the plaintiffs’ claim was in essence a constitutional one, that the plaintiffs had failed to establish a viable remedy, and that the plaintiffs’ claims were barred by the doctrine of laches. On 30 November 2018, the plaintiffs filed their brief in opposition to the motion for judgment on the pleadings. On 28 January 2019, the court entered a memorandum opinion and order finding that the case did not require a three-judge panel to establish jurisdiction because it was filed purely under Section 2 of the Voting Rights Act and did not raise a constitutional challenge to the apportionment of congressional districts. On 27 March 2019, the court then entered a separate memorandum opinion and order addressing the remaining arguments in the defendants’ motion for judgment on the pleadings. The court found that the plaintiffs sufficiently pled the ability to create a second majority-minority congressional district to defeat the assertion that they had not pled a viable remedy. However, the court found that, pursuant to the doctrine of laches, the delay by the plaintiffs in bringing their suit barred any relief except for declaratory relief. 

Between 4 November and 8 November 2019, the court held a bench trial in which the plaintiffs and the defendant offered expert and lay testimony regarding whether Alabama’s congressional districting complies with Section 2 of the Voting Rights Act. 

On 17 March 2020, the court declared the case moot and dismissed it without prejudice. The court held that – based on the unavailability of injunctive relief, the inevitable change in census numbers, and the binding nature of Section 2 of the Voting Rights Act – the court could not offer effective relief, as the requested declaratory judgment could not be granted in time for the 2020 congressional elections.

Summary Authors

Georgia Powell (2/26/205)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7162477/parties/chestnut-v-john-h-merrill/


Documents in the Clearinghouse

Documents in this case
1

2:18-cv-00907

Complaint

June 13, 2018

June 13, 2018

Complaint
13

2:18-cv-00907

Order to Show Cause

July 16, 2018

July 16, 2018

Order/Opinion
14

2:18-cv-00907

Amended Complaint

July 23, 2018

July 23, 2018

Complaint
15

2:18-cv-00907

Plaintiffs' Brief in Response to Show Cause and In Opposition to Defendant's Motion to Dismiss

July 23, 2018

July 23, 2018

Pleading / Motion / Brief
17

2:18-cv-00907

Answer to The Amended Complaint

Aug. 6, 2018

Aug. 6, 2018

Pleading / Motion / Brief
18

2:18-cv-00907

Initial Order Governing All Further Proceedings

Aug. 8, 2018

Aug. 8, 2018

Order/Opinion
19

2:18-cv-00907

Motion to Intervene

Aug. 27, 2018

Aug. 27, 2018

Pleading / Motion / Brief
19-1

2:18-cv-00907

Exhibit 1 - Motion To Dismiss The Amended Complaint

Aug. 27, 2018

Aug. 27, 2018

Pleading / Motion / Brief
24

2:18-cv-00907

Memorandum Opinion and Order

Oct. 16, 2018

Oct. 16, 2018

Order/Opinion
27

2:18-cv-00907

Motion for Judgment on the Pleadings

Nov. 2, 2018

Nov. 2, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7162477/chestnut-v-john-h-merrill/

Last updated June 27, 2026, 6:13 a.m.

ECF Number Date Description Link
1 June 13, 2018

COMPLAINT against John H Merrill, filed by Karen Jones, Marlene Martin, Rodney Love, Janice Williams, John Harris, Lakeisha Chestnut, Roderick Clark, Bobby Dubose.(KEK) (Entered: 06/13/2018)

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2 June 13, 2018

NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK) (Entered: 06/13/2018)

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June 13, 2018

Filing Fee - Pay.gov

June 13, 2018

Filing Fee: Filing fee $ 400,(ALND receipt number B4601089796) receipt_number 1126-3108548. related document 1 COMPLAINT against John H Merrill, filed by Karen Jones, Marlene Martin, Rodney Love, Janice Williams, John Harris, Lakeisha Chestnut, Roderick Clark, Bobby Dubose.(KEK). (Rouco, Richard) Modified on 6/14/2018 (AFS).

3 June 14, 2018

MOTION for Limited Admission Motion for Admission Pro Hac Vice for Aria Branch Motion is RIPE 6/14/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1)(Rouco, Richard) (Entered: 06/14/2018)

1

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4 June 14, 2018

MOTION for Leave to Appear Pro Hac Vice Bruce V. Spiva Motion is RIPE 6/14/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1)(Rouco, Richard) (Entered: 06/14/2018)

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5 June 14, 2018

MOTION for Leave to Appear Pro Hac Vice Marc Elias Motion is RIPE 6/14/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1)(Rouco, Richard) (Entered: 06/14/2018)

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6 June 14, 2018

MOTION for Leave to Appear Pro Hac Vice Abha Khanna Motion is RIPE 6/14/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1)(Rouco, Richard) (Entered: 06/14/2018)

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7 June 14, 2018

Summons Issued as to John H Merrill. Sent via certified mail. (KEK) (Entered: 06/14/2018)

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8 June 14, 2018

TEXT ORDER granting 3 motion for admission pro hac vice of attorney Aria Branch, 4 motion for admission pro hac vice of attorney Bruce Spiva, 5 motion for admission pro hac vice of attorney Marc Elias, and 6 motion for admission pro hac vice of attorney Abha Khanna. Signed by Magistrate Judge John E. Ott on 06/14/2018. (WDJ) (Entered: 06/14/2018)

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June 14, 2018

PHV Fee paid: $ 50, B4601089819/ receipt number 1126-3109338. (Rouco, Richard) Modified on 6/18/2018 (SAC ).

June 14, 2018

PHV Fee Paid

June 14, 2018

PHV Fee paid: $ 50, ALND receipt#: B4601089820/ receipt number 1126-3109364. (Rouco, Richard) Modified on 6/18/2018 (SAC ).

June 14, 2018

PHV Fee paid: $ 50, ALND receipt#: B4601089821/ receipt number 1126-3109375. (Rouco, Richard) Modified on 6/18/2018 (SAC ).

June 14, 2018

PHV Fee paid: $ 50, ALND receipt#: B4601089822/ receipt number 1126-3109386. (Rouco, Richard) Modified on 6/18/2018 (SAC ).

9 June 20, 2018

SUMMONS Returned Executed by Marlene Martin, Rodney Love, Janice Williams, John Harris, Lakeisha Chestnut, Roderick Clark, Bobby Dubose. John H Merrill served on 6/18/2018, answer due 7/9/2018. (KAM) (Entered: 06/20/2018)

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10 June 21, 2018

The parties having not unanimously consented to the dispositive jurisdiction by a magistrate judge, this case is reassigned to Chief Judge Karon O Bowdre. Magistrate Judge John E Ott no longer assigned to the case. (KAM) (Entered: 06/21/2018)

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11 July 9, 2018

MOTION to Dismiss for Lack of Jurisdiction by John H Merrill. (Davis, James) (Entered: 07/09/2018)

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12 July 9, 2018

NOTICE by John H Merrill (Notice of Jurisdictional Issue) (Davis, James) (Entered: 07/09/2018)

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13 July 16, 2018

ORDER TO SHOW - The Secretary of State argues that Plaintiffs lack standing to bring this suit because the remedy they seekthe adoption of a valid congressional redistricting plan that includes a second majority-minority districtwould not redress the injuries they claim. The proposed remedy does not appear to redress the alleged racially-gerrymandered districts because the Plaintiffs do not seek a redrawing of their own districts. Rather, they request the creation of a second majority-minority district in which they may or may not reside. Therefore, the court ORDERS Plaintiffs to SHOW CAUSE in writing, on or before July 31, 2018, why the court should not grant the Secretary of States Motion to Dismiss. (Doc. 11). Signed by Chief Judge Karon O Bowdre on 7/16/2018. (KEK) (Entered: 07/16/2018)

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14 July 23, 2018

AMENDED COMPLAINT against John H Merrill, filed by Karen Jones, Marlene Martin, Rodney Love, Janice Williams, John Harris, Lakeisha Chestnut, Roderick Clark, Bobby Dubose.(Branch, Aria) (Entered: 07/23/2018)

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15 July 23, 2018

RESPONSE to Order to Show Cause and in Opposition to Defendant's Motion to Dismiss filed by Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Branch, Aria) (Entered: 07/23/2018)

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16 Aug. 2, 2018

TEXT ORDER. Plaintiffs' Amended Complaint (doc. 14) supersedes the original Complaint. Therefore, Defendant's Motion to Dismiss the original Complaint for Lack of Jurisdiction 11 is MOOT. Signed by Chief Judge Karon O Bowdre on 08/02/18. (JAG2) (Entered: 08/02/2018)

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17 Aug. 6, 2018

ANSWER to 14 Amended Complaint by John H Merrill.(Howell, Laura) (Entered: 08/06/2018)

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18 Aug. 8, 2018

INITIAL ORDER Governing All Further Proceedings - with appendices attached. **The report also should contain a synopsis of the case advising the court of the general claims and defenses of the parties. Signed by Chief Judge Karon O Bowdre on 8/8/2018. (FNC) (Entered: 08/08/2018)

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19 Aug. 27, 2018

MOTION to Intervene by Jim McClendon. (Attachments: # 1 Exhibit 1)(Walker, J) (Entered: 08/27/2018)

1 Exhibit 1

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20 Sept. 4, 2018

REPORT of Rule 26(f) Planning Meeting. (Rouco, Richard) (Entered: 09/04/2018)

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21 Sept. 10, 2018

ORDER TO SHOW CAUSE - This matter comes before the court on the motion to intervene filed by Alabama Senator Jim McClendon. (Doc. 19). Mr. McClendon seeks to intervene as a defendant in his official capacity as Alabama Senator and member of the Alabama Legislatures Permanent Legislative Committee on Reapportionment. The court therefore ORDERS Plaintiffs to SHOW CAUSE in writing on or before September 17, 2018 why the court should not grant Mr. McClendons motion to intervene. Signed by Chief Judge Karon O Bowdre on 9/10/2018. (KEK) (Entered: 09/10/2018)

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22 Sept. 10, 2018

RESPONSE in Support re 19 MOTION to Intervene filed by John H Merrill. (Davis, James) (Entered: 09/10/2018)

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23 Sept. 10, 2018

RESPONSE in Opposition re 19 MOTION to Intervene and Response to Order to Show Cause filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Branch, Aria) (Entered: 09/10/2018)

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24 Oct. 16, 2018

MEMORANDUM OPINION AND ORDER - Because Senator McClendon failed to demonstrate that either of the government officer or agency rule subsections apply to him, therefore, the court must deny his motion to intervene under Rule 24(b)(2).For the reasons stated above, the court DENIES Senator McClendons motion to intervene. Signed by Chief Judge Karon O Bowdre on 10/16/2018. (KEK) (Entered: 10/16/2018)

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25 Oct. 16, 2018

TEXT ORDER. The court ORDERS the parties to provide an updated Rule 26(f) Report on or before Tuesday, November 6, 2018. Signed by Chief Judge Karon O Bowdre on 10/16/2018. (FNC) (Entered: 10/16/2018)

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26 Nov. 1, 2018

NOTICE of Appearance by J Dorman Walker on behalf of John H Merrill (Walker, J) (Entered: 11/01/2018)

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27 Nov. 2, 2018

MOTION for Judgment on the Pleadings by John H Merrill. (Davis, James) (Entered: 11/02/2018)

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28 Nov. 2, 2018

MOTION to Stay by John H Merrill. (Davis, James) (Entered: 11/02/2018)

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29 Nov. 5, 2018

REPORT of Rule 26(f) Planning Meeting. (Branch, Aria) (Entered: 11/05/2018)

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30 Nov. 7, 2018

ORDER re 27 MOTION for Judgment on the Pleadings filed by John H Merrill. Plaintiffs' Response to the Motion will be due on or before November 30, 2018. Any Reply brief, if necessary, will be due on or before December 14, 2018. Signed by Chief Judge Karon O Bowdre on 11/7/2018. (JLC) (Entered: 11/07/2018)

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Nov. 7, 2018

Set Motion and R&R Deadlines/Hearings

Nov. 7, 2018

Set Deadlines as to 27 MOTION for Judgment on the Pleadings. Responses due on or before November 30, 2018. Replies due on or before December 14, 2018. (JLC)

31 Nov. 30, 2018

RESPONSE in Opposition re 27 MOTION for Judgment on the Pleadings filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Branch, Aria) (Entered: 11/30/2018)

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32 Dec. 4, 2018

RESPONSE in Opposition re 28 MOTION to Stay filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Branch, Aria) (Entered: 12/04/2018)

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33 Dec. 10, 2018

Unopposed MOTION for Extension of Time (One-Week) to File Reply Brief by John H Merrill. (Walker, J) (Entered: 12/10/2018)

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34 Dec. 11, 2018

TEXT ORDER: For good cause shown, the court GRANTS "Secretary of State Merrill's Motion for One-Week Extension of Time to File Reply Brief (Unopposed)." (Doc. 33). Defendant's reply brief in support of his "Motion for Judgment on the Pleadings," (doc. 27), is now due on or before December 21, 2018. Signed by Chief Judge Karon O Bowdre on 12/11/2018.(LMG) (Entered: 12/11/2018)

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35 Dec. 11, 2018

ORDER that the Court hereby sets a Hearing on the issue of whether this case must be heard by a three-judge panel on Wednesday, January 16, 2019, at 2:00 PM, Courtroom 8, Hugo L. Black U.S. Courthouse, Birmingham, Alabama before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 12/11/2018. (JLC) (Entered: 12/11/2018)

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36 Dec. 18, 2018

REPLY to re 28 (Secretary of State John Merrill's Reply in Support of His Motion to Stay) filed by John H Merrill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, James) (Entered: 12/18/2018)

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37 Dec. 21, 2018

REPLY Brief filed by Defendant John H Merrill re: 27 MOTION for Judgment on the Pleadings filed by John H Merrill. (Davis, James) (Entered: 12/21/2018)

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38 Jan. 9, 2019

ORDER DENYING 28 MOTION to Stay Discovery. Signed by Chief Judge Karon O Bowdre on 1/9/2019. (JLC) (Entered: 01/09/2019)

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Jan. 16, 2019

Motion Hearing

Jan. 16, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 1/16/2019 re 27 MOTION for Judgment on the Pleadings filed by John H Merrill. (Attended by Attys Khanna; Rouco, Davis, Walker and Howell).(Court Reporter Teresa Roberson.) (FNC)

39 Jan. 28, 2019

AMENDMENTS TO THE PARTIES' RULE 26(F) REPORT of Rule 26(f) Planning Meeting. (Branch, Aria) Modified on 1/28/2019 (JLC). (Entered: 01/28/2019)

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40 Jan. 28, 2019

MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 1/28/2019. (JLC) (Entered: 01/28/2019)

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41 Jan. 28, 2019

ORDER DENYING 27 MOTION for Judgment on the Pleadings in accordance with the 40 Memorandum Opinion entered contemporaneously herewith. Signed by Chief Judge Karon O Bowdre on 1/28/2019. (JLC) (Entered: 01/28/2019)

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42 Jan. 29, 2019

MOTION to Expedite Response to Discovery (OPPOSED) by John H Merrill. (Attachments: # 1 Exhibit A - 2020 Administrative Calendar)(Davis, James) (Entered: 01/29/2019)

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43 Jan. 30, 2019

TEXT ORDER: The court ORDERS Plaintiffs to file a response to "Secretary of State John H. Merrill's Motion to Expedite Response to Discovery (OPPOSED)," (doc. 42), on or before February 1, 2019. Signed by Chief Judge Karon O Bowdre on 01/30/2019. (LMG) (Entered: 01/30/2019)

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44 Jan. 30, 2019

ORDER Setting Scheduling Conference for Tuesday, February 12, 2019 at 03:00 PM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. A Joint Status Report due by February 6, 2019 and should contain a joint synopsis and dates to move the case forward. Signed by Chief Judge Karon O Bowdre on 1/30/2019. (FNC) (Entered: 01/30/2019)

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45 Jan. 31, 2019

ORDER OF CLARIFICATION. On January 30, 2019, this court entered an order setting a scheduling conference and a deadline for a joint status report. (Doc. 44). Upon further review, the court finds that a joint status report currently due February 6, 2019 is not necessary. THEREFORE, the Scheduling Conference set for Tuesday, February 12, 2019 at 3:00 PM remains set but the parties are no longer required to file an updated joint status report. Signed by Chief Judge Karon O Bowdre on 1/31/2019. (FNC) (Entered: 01/31/2019)

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46 Feb. 1, 2019

Opposition to re 42 Motion to Expedite Response to Discovery filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Branch, Aria) (Entered: 02/01/2019)

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47 Feb. 6, 2019

Unopposed MOTION for Protective Order by John H Merrill. (Attachments: # 1 Exhibit 1 - proposed order)(Davis, James) (Entered: 02/06/2019)

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48 Feb. 7, 2019

PROTECTIVE ORDER. Signed by Chief Judge Karon O Bowdre on 2/7/2019. (FNC) (Entered: 02/07/2019)

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49 Feb. 12, 2019

SCHEDULING ORDER. Certain deadlines and time limits apply as set out herein. Discovery due by 7/1/2019; Dispositive Motions due by 7/22/2019; Joint Status Report due by 3/15/2019 and 6/28/2019; Status Conference set for 7/8/2019 at 02:00 PM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. This case should be ready for trial by September, 2019. Signed by Chief Judge Karon O Bowdre on 2/12/2019. (FNC) (Entered: 02/12/2019)

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Feb. 12, 2019

Scheduling Conference

Feb. 12, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Scheduling Conference held on 2/12/2019. Written order to follow. (FNC)

50 Feb. 15, 2019

ORDER DENYING 42 MOTION to Expedite Response to Discovery. Signed by Chief Judge Karon O Bowdre on 2/14/2019. (JLC) (Entered: 02/15/2019)

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51 March 15, 2019

STATUS REPORT by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams (Branch, Aria) (Entered: 03/15/2019)

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52 March 27, 2019

MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 3/27/2019. (JLC) (Entered: 03/27/2019)

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53 March 27, 2019

ORDER re 27 MOTION for Judgment on the Pleadings filed by John H Merrill. The Court hereby GRANTS IN PART and DENIES IN PART Defendant John Merrill's 27 MOTION for Judgment on the Pleadings as to the remedy and laches issues. The Court DENIES Defendant's Motion as to the standing issue. The Court GRANTS Defendant's Motion as to the doctrine of laches issue for injunctive relief. The Court DENIES Defendant's Motion as to the doctrine of laches issue fordeclaratory relief. Signed by Chief Judge Karon O Bowdre on 3/27/2019. (JLC) (Entered: 03/27/2019)

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54 April 1, 2019

TEXT ORDER. Status Conference set for Monday, April 15, 2019 at 11:00 AM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 4/1/2019. (FNC) (Entered: 04/01/2019)

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55 April 1, 2019

Unopposed MOTION to Amend/Correct 49 Order,, Set Deadlines/Hearings, by John H Merrill. (Davis, James) (Entered: 04/01/2019)

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56 April 2, 2019

TEXT ORDER: The court GRANTS "Secretary of State John H. Merrill's Unopposed Motion for Revision to Scheduling Order (Doc. 49)." (Doc. 55). Defendant's expert disclosure is due by April 22, 2019. Plaintiffs will have until May 6, 2019 to reply to Defendant's expert reports. Signed by Chief Judge Karon O Bowdre on 04/02/2019. (LMG) (Entered: 04/02/2019)

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57 April 11, 2019

NOTICE by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams of Filing Plaintiffs' Motion for Leave to Participate in Status Conference by Telephone (Rouco, Richard) (Entered: 04/11/2019)

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58 April 12, 2019

TEXT ORDER. Upon review of the plaintiff's request for out-of-town counsel to participate by telephone at the April 15, 2019 status conference (doc. 57), the court GRANTS the request. The call in information will be provided to the out-of-state counsel by email. Signed by Chief Judge Karon O Bowdre on 4/12/2019. (FNC) (Entered: 04/12/2019)

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April 15, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 4/15/2019. (FNC)

59 April 16, 2019

REVISED SCHEDULING ORDER. As discussed at the status conference held on April 15, 2019, the court sets the following deadlines; Discovery due by 7/22/2019; Dispositive Motions due by 8/5/2019; Joint Status Report due by 6/28/2019; Status Conference set for 7/8/2019 at 02:00 PM, eighth floor chambers; a pretrial conference is set for Monday, September 23, 2019 at 10:00 AM, eighth floor chambers; and a non-jury trial is set to begin Monday, November 4, 2019 at 9:00 AM, CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 4/16/2019. (FNC) (Entered: 04/16/2019)

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60 May 7, 2019

MOTION for Limited Admission Motion for Admission Pro Hac Vice by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1 Statement of Daniel Osher in Support of Motion for Admission Pro Hac Vice)(Rouco, Richard)**Attachment is incorrect. Please see 64 for the correct declaration for Mr. Osher** Modified on 5/8/2019 (FNC). (Entered: 05/07/2019)

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61 May 7, 2019

MOTION for Limited Admission Motion for Admission Pro Hac Vice by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit 1 Statement of Uzoma Nkwonta in Support of Motion for Admission Pro Hac Vice)(Rouco, Richard) (Entered: 05/07/2019)

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62 May 7, 2019

TEXT ORDER: The court GRANTS Plaintiffs' motion to admit Daniel C. Osher pro hac vice. (Doc. 60). The court advises counsel that it may require at least one attorney for each party to be physically present at every hearing and status conference, and distance from the courthouse will not excuse this requirement. Signed by Chief Judge Karon O Bowdre on 05/07/2019. (LMG) (Entered: 05/07/2019)

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63 May 7, 2019

TEXT ORDER: The court GRANTS Plaintiffs' motion to admit Uzoma N. Nkwonta pro hac vice. (Doc. 61). The court advises counsel that it may require at least one attorney for each party to be physically present at every hearing and status conference, and distance from the courthouse will not excuse this requirement. Signed by Chief Judge Karon O Bowdre on 05/07/2019. (LMG) (Entered: 05/07/2019)

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May 7, 2019

PHV Fee paid for Daniel C. Osher in the amount of $50.00, Credit Card receipt number 1126-3341038, NDAL receipt #B4601097462. (Rouco, Richard) Modified on 5/7/2019 (JLC).

May 7, 2019

PHV Fee paid for Uzoma Nkwonta in the amount of $50.00, Credit Card receipt number 1126-3341058, NDAL receipt #B4601097463. (Rouco, Richard) Modified on 5/7/2019 (JLC).

64 May 8, 2019

AFFIDAVIT in Support re 60 MOTION for Limited Admission Motion for Admission Pro Hac Vice Statement of Daniel Osher in Support of Motion for Admission Pro Hac Vice filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Rouco, Richard) (Entered: 05/08/2019)

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65 June 26, 2019

Joint MOTION for Extension of Time of Deposition and Dispositive-Motion Deadlines by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Proposed Order Granting Motion to Extend)(Osher, Daniel) (Entered: 06/26/2019)

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66 June 26, 2019

TEXT ORDER: The court GRANTS the parties' "Joint Motion for Limited Extension of the Deposition and Dispositive-Motion Deadlines." (Doc. 65). The new discovery deadline is July 26, 2019, and dispositive motions are now due on or before August 9, 2019. Signed by Chief Judge Karon O Bowdre on 06/26/2019. (LMG) (Entered: 06/26/2019)

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67 June 28, 2019

STATUS REPORT Joint by John H Merrill. filed by John H Merrill (Walker, J) (Entered: 06/28/2019)

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68 July 2, 2019

Unopposed MOTION Plaintiffs' Unopposed Motion for Leave to Participate in Status Conference by Telephone by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Rouco, Richard) (Entered: 07/02/2019)

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69 July 3, 2019

TEXT ORDER: Upon review of the Plaintiffs' request for out-of-town counsel to participate by telephone at the July 3, 2019 status conference, (doc. 68), the court GRANTS the request. The call-in information will be provided to the out-of-state counsel by email. Signed by Chief Judge Karon O Bowdre on 07/03/2019. (LMG) (Entered: 07/03/2019)

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70 July 3, 2019

TEXT ORDER: The court CORRECTS its previous order granting Plaintiffs' counsel leave to attend the status conference by phone. (Doc. 69). The status conference is set for Monday, July 8, 2019, and not July 3, 2019. Signed by Chief Judge Karon O Bowdre on 07/03/2019. (LMG) (Entered: 07/03/2019)

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71 July 8, 2019

TEXT ORDER. As discussed at the status conference held today, the court suspends the dispositive motion deadline. The discovery deadline remains July 26, 2019. The court will set a new date for a joint status report and status conference by separate order. Signed by Chief Judge Karon O Bowdre on 7/8/2019. (FNC) (Entered: 07/08/2019)

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July 8, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 7/8/2019. (FNC)

72 July 19, 2019

ORDER. Status Conference set for Thursday, August 8, 2019 at 09:00 AM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. A Joint Status Report is due by 8/1/2019. Signed by Chief Judge Karon O Bowdre on 7/19/2019. (FNC) (Entered: 07/19/2019)

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73 July 22, 2019

Joint MOTION for Extension of Time for Depositions by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Text of Proposed Order)(Branch, Aria) (Entered: 07/22/2019)

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74 July 23, 2019

TEXT ORDER: The court GRANTS the parties' "Joint Motion for Limited Extension of the Deposition Deadlines." (Doc. 73). The court EXTENDS discovery until August 5, 2019, for the limited purpose of taking the depositions listed in the parties' motion. (Doc. 73). Only the deposition of Donna Shanhotlzer may be taken after August 5, 2019, and the deposition of Donna Shanhotlzer must be taken on or before September 15, 2019. The parties shall notify the court in advance of the status conference set for August 8, 2019, if the deposition of Donna Shanhotlzer will affect the ability of the parties to discuss how to best resolve this case at the status conference. Signed by Chief Judge Karon O Bowdre on 07/23/2019. (LMG) (Entered: 07/23/2019)

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75 July 24, 2019

MOTION for Limited Admission Motioin for Admission Pro Hac Vice Lalitha D. Madduri by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. (Attachments: # 1 Exhibit Statement in Support of Motion for Admission Pro Hac Vice)(Rouco, Richard) (Entered: 07/24/2019)

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76 July 24, 2019

TEXT ORDER: The court GRANTS Plaintiffs' motion to admit Lalitha D. Madduri pro hac vice. (Doc. 75). The court advises counsel that it may require at least one attorney for each party to be physically present at every hearing and status conference, and distance from the courthouse will not excuse this requirement. Signed by Chief Judge Karon O Bowdre on 07/24/2019. (LMG) (Entered: 07/24/2019)

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July 24, 2019

PHV Fee paid for Lalitha D. Madduri in the amount of $75.00, Credit Card receipt number 1126-3396644, NDAL receipt #B4601099332. (Rouco, Richard) Modified on 7/24/2019 (JLC).

77 Aug. 1, 2019

STATUS REPORT (Joint) by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams. filed by Minnie Austin, Joseph Boykins, Lakeisha Chestnut, Roderick Clark, Bobby Dubose, John Harris, Karen Jones, Rodney Love, Marlene Martin, Janice Williams (Branch, Aria) (Entered: 08/01/2019)

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78 Aug. 8, 2019

ORDER. Pretrial Conference by telephone set for 9/4/2019 at 12:00 Noon, before Chief Judge Karon O Bowdre. The parties will be provided with the call in information by email. Joint Proposed Pretrial Order due by 8/28/2019. Signed by Chief Judge Karon O Bowdre on 8/8/2019. (FNC) (Entered: 08/08/2019)

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Aug. 8, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 8/8/2019. (FNC)

Sept. 4, 2019

Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Initial Pretrial Conference held by phone on 9/4/2019. Parties are to provide to chambers email a revised joint proposed pretrial order by September 16, 2019. (FNC)

Sept. 18, 2019

Set/Reset Hearings: Pretrial Conference set for 9/23/2019 at 10:00 AM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. (FNC)

79 Sept. 23, 2019

PRETRIAL ORDER; The provisions set out herein shall be binding on all parties unless modified by further Order for good cause shown. This case is hereby set for Trial on November 4, 2019, at 9:00 a.m., in the Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 9/23/2019. (JLC) (Entered: 09/23/2019)

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Case Details

State / Territory:

Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 13, 2018

Closing Date: Feb. 17, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight African American voters residing in Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Alabama Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Alabama 2:18-cv-00907

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Voting:

Redistricting/district composition

Vote dilution

Recommended Citation