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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
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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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