16 Mot Reconsider

8/8/2019 16 Mot Reconsider

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

WESTERN DIVISION

WILLIAM JOHNSON, ANNIE PEARL

LEFTWICH, BOBBI MORGAN, DONALD

MEANS, ERNEST EDMONDS, FAIRY

GORDON, IRIS SERMON, JOHNNY BUTLER,

MERJEAN LITTLE, MOSES JONES, VASSIE

BROWN, WILLIE MAE REEVES, BEVERLY

GORDON, JOHNNY B. MORROW, FANNIE

ISHMAN, LESLIE CHEATEM, MARGIE

JAMES, BOBBY SINGLETON, A. J.

MCCAMBELL, JOHNNY FORD, LOUISMAXWELL, MARY RUTH WOODS, LISA M.

WARE, CLARA P. GRIMMETT, CHARLES

CHAMBLISS, JOHNNIE B. HARRISON, G.

DYANN ROBINSON, SHIRLEY W. CURRY,

SARAH STRINGER, MILES D. ROBINSON, and

WILLIE LEE PATTERSON, individually and on

behalf of others similarly situated,

Plaintiffs,

v.

BOB RILEY, in his individual capacity and in his

official capacity as Governor of Alabama, and

JOHN M. TYSON, JR., individually and in his

official capacity as special prosecutor and task

force commander of the Governors Task Force on

Illegal Gaming,

Defendants.

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** Civil Action No.

* 7:10-cv-02067-SLB

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* 3-judge court

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PLAINTIFFS MOTION FOR CLARIFICATION

AND/OR RECONSIDERATION OF ORDER

SCHEDULING ORAL ARGUMENT ON MOTION TO DISMISS

FI2010 Aug-30 PU.S. DISTRICT

N.D. OF AL

Case 7:10-cv-02067-SLB Document 16 Filed 08/30/10 Page 1 of 4


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Plaintiffs have received an order, Doc. 15, setting briefing deadlines on

defendants motion to dismiss and oral argument on the motion to dismiss on

November 17, 2010. This order was entered after plaintiffs had already filed their

brief opposing defendants motion to dismiss. Doc. 14.

It is not clear whether the order, which is signed by the single judge to

whom this action was assigned, is an order of the three-judge court. Only the

three-judge court has jurisdiction to determine plaintiffs claim that defendants

executive order and Task Force raids are changes that affect voting within the

meaning of 5 of the Voting Rights Act, 42 U.S.C. 1973c. And only the three-

judge court has jurisdiction to consider plaintiffs renewed motion for an expedited

hearing and for a preliminary injunction. Doc. 12. The order, Doc. 15, does not

refer to or schedule a hearing on plaintiffs motion for preliminary injunction. The

single-judge court has jurisdiction over the other federal claims alleged in the

complaint, but the single-judge court will not have jurisdiction to act on those other

claims unless and until there has been a determination of plaintiffs claim under 5

of the Voting Rights Act and this case has been remanded to the single-judge court

by the three-judge court.

WHEREFORE, plaintiffs pray that this Court will:

A. Clarify whether the order entered today, Doc. 15, comes from the three-

judge court or from the single-judge court.



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B. Notify the parties whether and when the three-judge court will conduct a

hearing on plaintiffs motion for preliminary injunction.

C. If the order, Doc. 15, is intended to schedule a hearing on plaintiffs

motion for preliminary injunction, plaintiffs pray that the Court will reconsider the

setting for November 17, 2010, and schedule a hearing at the earliest date possible.

Otherwise, postponing for over two and a half months a decision on plaintiffs

motion for preliminary injunction would effectively deny them the relief they

request and would place the burden of time and inertia on the plaintiff voters

instead of on the State, contrary to the explicit terms and Congressional purpose of

5 of the Voting Rights Act, and it would allow continuation of the severe

economic injury now being suffered by the residents of Greene County and Macon

County.

Respectfully submitted this 30th day of August, 2010,

Edward Still

Bar No. ASB-4786-I 47W

2112 11th Avenue South

Suite 541

Birmingham, AL 35205

205-320-2882

fax 205-449-9752

E-mail: [email protected]

s/James U. Blacksher

Bar No. ASB-2381-S82J

P.O. Box 636

Birmingham AL 35201

205-591-7238

Fax: 866-845-4395

E-mail:[email protected]

Fred D. Gray

Bar No. ASB-1727-R63F

Gray, Langford, Sapp, McGowan,

Gray & Nathanson

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Attorneys for plaintiffs

P. O. Box 830239

Tuskegee , AL 36083-0239

334-727-4830

Fax: 334-727-5877

E-mail: [email protected]

CERTIFICATE OF SERVICE

I hereby certify that on August 30, 2010, I electronically filed the foregoing

with the Clerk of the Court using the CM/ECF system which will send notification

of such filing to the following counsel of record:

Henry T. Reagan (REA021)

OFFICE OF GOVERNOR BOB

RILEY600 Dexter Avenue

Montgomery, Alabama 36130

Martha Tierney (TIE001)

OFFICE OF GOVERNOR BOB

RILEY600 Dexter Avenue

Montgomery, Alabama 36130

Notice of this filing has also been sent by email and first class postage to:

Hon. Troy King

Attorney General

500 Dexter Ave.

Montgomery AL 36130

Respectfully submitted,

s/James U. Blacksher

Bar No. ASB-2381-S82JP.O. Box 636

Birmingham AL 35201

205-591-7238

Fax: 866-845-4395

E-mail:[email protected]

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