Case: Singleton v. Allen

Singleton v. Merrill

Singleton v. Merrill

Singleton v. Merrill

Singleton v. Merrill

Singleton v. Merrill

Singleton v. Merrill

COMPLAINT against John H Merrill, filed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews.(MRR, ) (Entered: 09/27/2021)

Request for service by certified mail filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (MRR, ) (Entered: 09/27/2021)

NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) (Entered: 09/27/2021)

Filing Fee: Filing fee $ 402, receipt_number 1126-3932434 (B4601116012). related document 1 COMPLAINT against John H Merrill, filed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews.(MRR, ). (Baugh, Robert) Modified on 9/28/2021 (MRR, ).

Summons Issued as to John H Merrill, sent via certified mail (MRR, ) (Entered: 09/28/2021)

NOTICE of Appearance by James W Davis on behalf of John H Merrill (Davis, James) (Entered: 10/01/2021)

NOTICE of Appearance by Brenton Merrill Smith on behalf of John H Merrill (Smith, Brenton) (Entered: 10/01/2021)

MOTION to Expedite Appointment of Three-Judge Panel Motion is RIPE 10/1/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Christie, James) (Entered: 10/01/2021)

Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Anna M. Manasco. Please use case number 2:21-cv-1291-AMM on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, ) (Entered: 10/05/2021)

SUMMONS Returned Executed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews. John H Merrill served on 9/30/2021, answer due 10/21/2021. (MRR, ) (Entered: 10/05/2021)

ORDER- The court finds that this action "challeng[es] the constitutionality of the apportionment of congressional districts." 28 U.S.C. § 2284(a). The Clerk of Court is DIRECTED to transmit this order and a copy of the complaint and the motion to expedite to the Chief Judge of the United States Court of Appeals for the Eleventh Circuit. Signed by Judge Anna M Manasco on 10/6/21. (MRR, ) Order, Motion and Complaint e-mailed to the Circuit on 10/18/2021. Modified on 10/19/2021 (KAM). (Entered: 10/06/2021)

MOTION to Dismiss by John H Merrill. (Attachments: # 1 Exhibit A - Declaration of Sen. Jim McClendon)(Smith, Brenton) (Entered: 10/21/2021)

1 Exhibit A - Declaration of Sen. Jim McClendon

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TEXT ORDER setting briefing schedule on Defendant's Motion to Dismiss (Doc. 11 ). Plaintiff's response is due twenty-one (21) days of the date of this order. Defendant's reply is due within fourteen (14) days of the date that the response is filed. Signed by Judge Anna M Manasco on 10/25/2021. (FNC) (Entered: 10/25/2021)

ORDER DESIGNATION OF THREE-JUDGE COURT; I hereby designate District Judge Terry F. Moorer and Circuit Judge Stanley Marcus to serve with the requesting judge, Judge Manasco, as members of the three-judge court to hear and decide the action. Signed by Judge William H. Pryor Jr. on 10/29/2021. (DNW, ) (Entered: 10/29/2021)

NOTICE of Appearance by Benjamin Matthew Seiss on behalf of John H Merrill (Seiss, Benjamin) (Entered: 10/29/2021)

AMENDED COMPLAINT against All Defendants, filed by Andrew Walker, Eddie Billingsley, Rodger Smitherman, Bobby Singleton, Leonette W Slay, Darryl Andrews.(Blacksher, James) (Entered: 11/04/2021)

MOTION to Withdraw by J.S. "Chris" Christie by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Christie, James) (Entered: 11/04/2021)

TEXT ORDER. The court GRANTS 16 . Attorney James Sturgeon Christie, Jr terminated. Signed by Judge Anna M Manasco on 11/5/2021. (FNC) (Entered: 11/05/2021)

MOTION set expedited scheduling conference by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Blacksher, James) (Entered: 11/05/2021)

NOTICE of Appearance by Edmund Gerard LaCour on behalf of John H Merrill (LaCour, Edmund) (Entered: 11/05/2021)

ORDER. The motion for expedited scheduling conference is GRANTED. 18 Scheduling Conference set for 11/9/2021 10:00 AM. Conference will be held virtually. Connecting information will be provided to the parties by email. See attached order. Signed by Judge Anna M Manasco on 11/05/2021. (TGC) (Entered: 11/05/2021)

ORDER The motion to dismiss is DENIED as moot. 11 Signed by Judge Anna M Manasco on 11/05/2021. (TGC) (Entered: 11/05/2021)

ORDER. The parties are ORDERED to meet and confer about and to be prepared to discuss at Tuesday's conference the effect, if any, that Caster et al. v. Merrill, Case No. 2:21-cv-751-WKW-JTA, (M.D. Ala) has on discovery, summary judgment, trial, or other proceedings in this case. Signed by Judge Anna M Manasco,for the court on 11/7/2021. (FNC) (Entered: 11/07/2021)

MOTION for Admission Pro Hac Vice of Henry C. Quillen by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Attachments: # 1 Exhibit A - Declaration of Henry C. Quillen in Support of Motion to Appear Pro Hac Vice)(Whatley, Joe) (Entered: 11/08/2021)

1 Exhibit A - Declaration of Henry C. Quillen in Support of Motion to Appear Pro H

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PHV Fee paid: $ 75, receipt number 1126-3957842 (B4601116812). (Whatley, Joe) Modified on 11/8/2021 (DNW, ).

NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker re 20 Order,, Set Hearings,, Terminate Motions, Jpint Proposed Scheduling Order (Debrosse-Zimmermann, Diandra) (Entered: 11/08/2021)

MOTION to Intervene by Jim McClendon, Chris Pringle. (Attachments: # 1 Exhibit A)(Walker, J) (Entered: 11/08/2021)

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TEXT ORDER. Plaintiffs' Motion for Leave as to Henry C. Quillen to Appear Pro Hac Vice, Doc. 23, is GRANTED. Counsel are reminded that at least one attorney for each party m be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/9/2021. (FNC) (Entered: 11/09/2021)

NOTICE of Appearance by Eli Joseph Hare on behalf of All Plaintiffs (Hare, Eli) (Entered: 11/09/2021)

Minute Entry for proceedings held before Circuit Judge Marcus and Judges Manasco and Moorer: Scheduling Conference held by Zoom on 11/9/2021. Participating attorneys for plaintiff - Blacksher, Penn, Smith, Quillen and Hare; for Def - Davis and Seiss; for interveor - Walker. In depth discussions on how to proceed. Court will take information under advisement and render ruling by EOB this date. (Court Reporter Teresa Roberson.) (FNC)

NOTICE of Appearance by Andrew Reid Harris on behalf of John H Merrill (Harris, Andrew) (Entered: 11/09/2021)

ORDER A hearing is SET for 1/4/2022 09:00 AM in Hugo L Black US Courthouse, Birmingham, AL. See attached order. Signed by Judge Anna M Manasco on 11-09-2021. (TGC) (Entered: 11/09/2021)

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

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

ORDER: GRANTING Motion to Intervene Doc. 25 . Signed by Judge Anna M Manasco on 11/17/2021. (DNW, ) (Entered: 11/17/2021)

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

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

NOTICE of Appearance by J Dorman Walker on behalf of Jim McClendon, Chris Pringle (Walker, J) (Entered: 11/18/2021)

MOTION to Consolidate Cases by John H Merrill. (Harris, Andrew) (Entered: 11/18/2021)

MOTION For Joint Status Conference by John H Merrill. (Davis, James) (Entered: 11/18/2021)

NOTICE by Jim McClendon, Chris Pringle (Walker, J) (Entered: 11/18/2021)

NOTICE by Jim McClendon, Chris Pringle (Walker, J) (Entered: 11/18/2021)

ORDER setting Rule 16 Conference. Signed by Judge Anna M Manasco on 11/18/2021. (TGC) (Entered: 11/18/2021)

ORDER setting deadlines on 33 and 36 . Signed by Judge Anna M Manasco on 11/18/2021. (TGC) (Entered: 11/18/2021)

MOTION for Preliminary Injunction by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zimmermann, Diandra "Fu") (Entered: 11/19/2021)

1 Exhibit A

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2 Exhibit B

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RESPONSE to re 40 Order for Joint Status Report filed by John H Merrill. (Davis, James) (Entered: 11/19/2021)

RESPONSE to re 33, 36 Plaintiffs' Response to Defendants' Rule 12(b)(7) Motion to Dismiss or Join Necessary Parties (ECF No. 33) and Motion to Consolidate (ECF No. 36) filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Quillen, Henry) (Entered: 11/22/2021)

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

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

TEXT ORDER: The motion for a status conference doc. 37 is DENIED AS MOOT in light of the status conference that occurred on November 23, 2021. Signed by Judge Anna M Manasco on 12/2/2021. (DNW, ) (Entered: 12/02/2021)

STIPULATION Stipulations of Fact by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker (Quillen, Henry) (Entered: 12/07/2021)

ANSWER to 15 Amended Complaint by Jim McClendon, Chris Pringle.(Walker, J) (Entered: 12/07/2021)

ANSWER to 15 Amended Complaint by John H Merrill.(Davis, James) (Entered: 12/07/2021)

ORDER ON MOTION FOR PROTECTIVE ORDER:If the Legislators wish to assert other objections to the plaintiffs discovery requests, they are ORDERED to file those objections at or before 9:00 AM CENTRAL STANDARD TIME ON TUESDAY, DECEMBER 14, 2021.. Signed by Judge Anna M Manasco on 12/13/2021. (DNW, ) (Entered: 12/13/2021)

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

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

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

1 Exhibit A - Proposed Protective Order

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NOTICE by John H Merrill re 51 Order,, (Attachments: # 1 Exhibit 1 Bryan report - Singleton, # 2 Exhibit 2 Bryan report - Milligan & Caster, # 3 Exhibit 3 Bryan cv, # 4 Exhibit 4 Hood report)(Davis, James) (Entered: 12/14/2021)

1 Exhibit 1 Bryan report - Singleton

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2 Exhibit 2 Bryan report - Milligan & Caster

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3 Exhibit 3 Bryan cv

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4 Exhibit 4 Hood report

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

NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker of Filing the Expert Report of Dr. Natalie Davis (Attachments: # 1 Exhibit 1 - Expert Report of Dr. Natalie Davis)(Quillen, Henry) (Entered: 12/14/2021)

1 Exhibit 1 - Expert Report of Dr. Natalie Davis

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MOTION for Preliminary Injunction Plaintiffs' Renewed Motion for a Preliminary Injunction and Memorandum of Law in Support by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Quillen, Henry) (Entered: 12/15/2021)

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

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

Minute Entry for proceedings held before Circuit Judge Marcus and District Judges Manasco and Moorer: Status Conference held on 12/20/2021. (Court Reporter Teresa Roberson.) (FNC)

NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker of Filing the Expert Rebuttal Report of Dr. Natalie Davis (Attachments: # 1 Exhibit 1 - Expert Rebuttal Report of Dr. Natalie Davis)(Quillen, Henry) (Entered: 12/21/2021)

1 Exhibit 1 - Expert Rebuttal Report of Dr. Natalie Davis

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NOTICE by John H Merrill (Secretary of State's Notice of Filing Supplemental Expert Reports) (Attachments: # 1 Exhibit A - Thomas Bryan - Supplemental Report Final, # 2 Exhibit B - MV Hood III - AL Supplemental Expert Report)(Davis, James) (Entered: 12/21/2021)

1 Exhibit A - Thomas Bryan - Supplemental Report Final

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2 Exhibit B - MV Hood III - AL Supplemental Expert Report

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NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker re 51 Order,, Plaintiffs Notice of Filing Rebuttal Expert Reports (Attachments: # 1 Exhibit 15 - Liu Rebuttal Report, # 2 Exhibit 16 - Bagley Supplemental Declaration, # 3 Exhibit 17 - Imai Rebuttal Report, # 4 Exhibit 18 - Duchin Rebuttal Report)(Ross, Deuel) (Entered: 12/21/2021)

1 Exhibit 15 - Liu Rebuttal Report

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2 Exhibit 16 - Bagley Supplemental Declaration

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3 Exhibit 17 - Imai Rebuttal Report

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4 Exhibit 18 - Duchin Rebuttal Report

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TEXT ORDER: During the conference held on December 20, 2021, the parties in Singleton, Case No. 2:21-cv-1291-AMM, Milligan, Case No. 2:21-cv-1530-AMM, and Caster, Case No. 2:21-cv-1536-AMM, agreed to coordinate in drafting a joint proposed order of proceedings for the preliminary injunction hearing set for January 4, 2021. Accordingly, the parties are ORDERED to file in each case on or before 5:00 PM CENTRAL STANDARD TIME ON DECEMBER 23, 2021, such joint proposed order of proceedings. Signed by Judge Anna M Manasco on 12/21/2021. (DNW) (Entered: 12/21/2021)

Unopposed MOTION for Partial Relief from the Court's Order Regarding Hard Copies re 59 Order,,,, by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Quillen, Henry) (Entered: 12/22/2021)

TEXT ORDER: The Singleton Plaintiffs' Unopposed Motion for Partial Relief from the Courts Order Regarding Hard Copies, Doc. 64, is GRANTED. Signed by Judge Anna M Manasco on 12/22/2021. (DNW) (Entered: 12/22/2021)

ORDER: The panel has decided to conduct the consolidated preliminary injunction hearing that will begin on January 4, 2022, remotely via Zoom. The Zoom information will be provided to all parties at a later date. The parties are ORDERED to send Judge Moorer's two hard copies of exhibits and demonstratives directly to him at the address listed on page 3 of this order. If any of the parties already sent Judge Moorer's hard copies to the Hugo L. Black United States Courthouse, those parties are DIRECTED to email Judge Manasco's chambers at manasco_chambers@alnd.uscourts.gov, and the court will redirect the hard copies to Judge Moorer upon arrival. Signed by Judge Anna M Manasco on 12/22/2021. (DNW, ) Modified on 12/22/2021 (FNC). (Entered: 12/22/2021)

RESPONSE in Opposition re 57 MOTION for Preliminary Injunction Plaintiffs' Renewed Motion for a Preliminary Injunction and Memorandum of Law in Support filed by John H Merrill. (LaCour, Edmund) (Entered: 12/22/2021)

DECLARATION OF EDMUND G. LACOUR, JR, re 67 Response in Opposition to Motion Declaration in Support of Defendants' Response by John H Merrill. filed by John H Merrill (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(LaCour, Edmund) Modified on 12/28/2021 (FNC). (Entered: 12/23/2021)

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NOTICE of Appearance by W Tucker Brown on behalf of All Plaintiffs (Brown, W) (Entered: 12/23/2021)

STIPULATIONS OF FACT filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker (Quillen, Henry) Modified on 12/27/2021 (FNC). (Entered: 12/23/2021)

JOINT PRETRIAL REPORT filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker (Attachments: # 1 Exhibit Ex 1 - Joint Pretrial Report)(Quillen, Henry) Modified on 12/27/2021 (FNC). (Entered: 12/23/2021)

1 Exhibit Ex 1 - Joint Pretrial Report

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PARTIES JOINT SUBMISSION ON COORDINATED PRELIM INJUNC HEARING AND DISCOVERY filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker (Attachments: # 1 Exhibit Ex 1 - Parties Joint Submission on Coordinated Preliminary Injunction Hearing & Discovery)(Quillen, Henry) Modified on 12/27/2021 (FNC). (Entered: 12/23/2021)

1 Exhibit Ex 1 - Parties Joint Submission on Coordinated Preliminary Injunction He

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Singleton Plaintiffs' Exhibit List filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69)(Quillen, Henry) Modified on 12/27/2021 (FNC). (Entered: 12/27/2021)

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NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker re 59 Order,,,, of Persons Participating in Hearing (Quillen, Henry) (Entered: 12/27/2021)

NOTICE by John H Merrill re 59 Order,,,, of Persons Participating in Hearing (Davis, James) (Entered: 12/27/2021)

REPLY to re 57 Plaintiffs' Reply Memorandum in Support of Their Renewed Motion for a Preliminary Injunction filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Quillen, Henry) (Entered: 12/27/2021)

ORDER Regarding Screen-Sharing. All counsel and their staff will have the ability to share their screens during the preliminary injunction hearing. However, the court urges the parties to be mindful as they prepare for the hearing that (1) each member of the court will have ready access during the hearing to hard copies of all demonstratives and exhibits submitted by the parties, and (2) it is the court's preference to be able to see both the examining lawyer and the testifying witness while the witness is testifying about documents that are screen-shared. Signed by Judge Anna M Manasco, for the court, on 12/28/2021. (FNC) (Entered: 12/28/2021)

ORDER: Due to the current pandemic circumstances, the court has decided to make available to the public a livestream of the consolidated preliminary injunction hearing in this case. Any member of the press or interested citizen may obtain the information necessary to access the livestream by following the instructions that appear on the website for the Northern District of Alabama (https://www.alnd.uscourts.gov/instructions-view-public-hearing). The livestream also will be broadcast in the Jury Assembly Room of the Hugo Black Courthouse in Birmingham, Alabama, until further notice, per the courts prior orders. Signed by Judge Anna M Manasco on 1/3/2022. (DNW) (Entered: 01/03/2022)

NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker of Filing Second Amended Exhibit List to Joint Pretrial Report (Attachments: # 1 Exhibit 1)(Quillen, Henry) (Entered: 01/04/2022)

1 Exhibit 1

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Minute Entry for proceedings held before Circuit Judge Marcus, and District Judges Anna M Manasco and Terry Moorer: Motion Hearing held on 1/4/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; verbal notice of presence; exhibits discussed and noted which were admitted and objected to; objected exhibits to be addressed at later time during the hearing; no opening statements; testimony taken of plff Singleton with direct and cross, witness excused; testimony of N. Davis, witness qualified as an expert as noted on the record; direct and cross; lunch break; resume; cont. examination of N. Davis; witness excused; testimony of plff Milligan, direct and cross, witness excused; testimony of Kosuke Imai, witness qualified as an expert as noted on the record; break; resume; break; resume; court adj to 1/5/2022 at 9:00 AM central time. (Court Reporter Christina Decker.) (FNC)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 2 - held on 1/5/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; testimony of Kosuke Imai continued/redirect; witness excused; Ryan Williamson called; qualified as an expert as to this hearing, as stated on the record; direct, cross and redirect; witness excused; Witness S. Dowdy called; direct and cross; lunch break; resume; cont. cross; redirect; witness excused; Section 2 claims begin; Caster Plff calls Expert William Cooper, court qualifies witness as expert, as stated on the record; cross; redirect; court questions for witness; witness excused as to Section 2 claims; Def direct of Cooper as to Singleton claims; no cross; witness excused; discussions of agenda for 1/6; court adj to 1/6/2022 at 9:00 AM central time. (Court Reporter Christina Decker.) (FNC)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 3 - held on 1/6/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; discussions regarding schedule for today; Milligan plffs call Moon Duchin, witness qualified as an expert, as stated on the record; argument re: Exh M-48, taken under advisement; break; resume; objections addressed and o/r Exh M-48 received, as stated on the record; cross; break for lunch; resume; cross continues; redirect and recross, witness excused; Caster Plffs call Dr. Maxwell Palmer; court discusses scheduling issues; testimony of Dr. Palmer begins; witness qualified witness as expert, as stated on the record; direct begins; cross; witness excused; discussions re: starting new witness and start time for 1/7/22; Def Merrill calls Tom Bryan - court qualifies witness as an expert as stated on the record; direct begins; court adj until 1/7/2022 at 8:30 AM central time. (Court Reporter Christina Decker.) (FNC)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 4 - held on 1/7/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; pre hearing discussions regarding due date of Findings of Facts and Conclusions of Law which is now due by Friday, Jan 14; direct of Tom Bryan cont; break; direct cont; cross by Caster; lunch break, cont cross by Caster; cross by Milligan; cross by Singleton; redirect by def Merrill; questions by the court; court adj until 1/10/2022 at 9:00 AM central time. (Court Reporter Christina Decker.) (FNC)

ORDER regarding public access to consolidated preliminary injunction hearing. Signed by Judge Anna M Manasco on 1/8/22. (KMB) (Entered: 01/08/2022)

TEXT ORDER: The requirement that, [w]ithin five days of the completion of the preliminary injunction hearing, the parties in Singleton and Milligan shall file proposed findings of fact and conclusions of law for the panels consideration in the panels Order on Motions for Consolidation and Joinder, and Scheduling Order, Doc. 45 in Singleton, Case No. 2:21-cv-1291-AMM, and Doc. 40 in Milligan, Case No. 2:21-cv-1530-AMM, is VACATED. That order remains in effect as to all other provisions contained therein. The parties in Singleton and Milligan are ORDERED to file proposed findings of fact and conclusions of law for the panels consideration by midnight Central Standard Time on Friday, January 14, 2022. Signed by Judge Anna M Manasco on 1/10/2021. (FNC) (Entered: 01/10/2022)

NOTICE of Appearance by Christina M Rossi on behalf of Jim McClendon, Chris Pringle (Rossi, Christina) (Entered: 01/10/2022)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 5 - held on 1/10/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; pre hearing discussions regarding Caster Exh 106 - parties to discuss what part of the exhibit to be admitted - court w/h ruling on admission of exhibit; time and need for closing arguments discussed; Milligan calls Dr. Joseph Bagley; witness qualified as an expert, as stated on the record; direct; cross; redirect; lunch break; resume; court notifies parties plffs will have 90 mins total for closing - plffs can reserve some time for rebuttal and defs will have 90 mins total for closing; further discussions re: admission of def X17, arguments, court o/r objections as stated on the record; Milligan plffs call B. Liu; witness qualified as an expert, as stated on the record; direct begins; cross; redirect; court questions; witness excused; Caster Plff calls Benjamin Jones and direct begins; cross; witness excused; court adj until 1/11/2022 at 9:00 AM central time. (Court Reporter Christina Decker.) (FNC)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 6 - held on 1/11/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; discussions regarding order of witnesses; Def calls Dr. Trey Hood; court certifies witness as an expert, as stated on the record; direct by State; cross by Milligan; cross by Caster; cross by Singleton; redirect; witness excused; lunch break; resume; Caster calls Dr. Bridgett King; court qualifies witness as an expert, as stated on the record; direct begins; cross by state; state moves to admit DX 158; argument; court reserves ruling; state moves to admit DX 153; argument; court reserves ruling; redirect; witness excused; Caster calls Dr. Marcus Caster; direct; cross by state; witness excused; court adj until 1/12/2022 at 8:30 AM central time. (Court Reporter Christina Decker.) (FNC)

Minute Entry for proceedings held before Circuit Judge Stan Marcus and District Judges Anna M Manasco and Terry Moorer: Motion Hearing- DAY 7 - held on 1/12/2022 re 57 MOTION for Preliminary Injunction. Hearing begins; State calls Bradley Byrne; direct; cross by Milligan; cross by Caster; cross by Singleton; redirect; court questions; witness excused; presentation of evidence is closed; no rebuttal; objected exhibits addressed as stated on the record; lunch; Singleton close, court questions; Caster close, court questions; Milligan close, court questions; Merrill close, court questions; rebuttal by Singleton, Milligan and Caster; court addresses the parties; questions by the court; hearing adj. (Court Reporter Christina Decker.) (FNC)

Statement of Facts Proposed Findings of Fact and Conclusions of Law by John H Merrill. filed by John H Merrill (LaCour, Edmund) (Entered: 01/14/2022)

Statement of Facts Singleton Plaintiffs' Proposed Findings of Fact and Conclusions of Law by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker (Quillen, Henry) (Entered: 01/14/2022)

NOTICE by John H Merrill re 83 Statement of Facts Tables of Authorities for Defs' Proposed Findings of Fact and Conclusions of Law (LaCour, Edmund) (Entered: 01/16/2022)

Transcript of Proceedings of Preliminary Injunction Hearing: NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy (Attachments: # 1 2, # 2 3, # 3 4, # 4 5, # 5 6, # 6 7) (DNW) (Entered: 01/18/2022)

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ORDER: A status conference is set for 1:00 PM CENTRAL STANDARD TIME on WEDNESDAY, JANUARY 26, 2022, by Zoom. The Zoom information will be provided to all parties at a later date. Signed by Judge Anna M Manasco on 1/24/2022. (DNW) (Entered: 01/24/2022)

PRELIMINARY INJUNCTION, MEMORANDUM OPINION, AND ORDER. Signed by Judge Anna M Manasco on 1/24/2022. (KMB) (Entered: 01/24/2022)