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

2010 Aug-30 PM 02:33

U.S. DISTRICT COURT
N.D. OF ALABAMA

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, LOUIS *
MAXWELL, 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, *
* Civil Action No.
v. * 7:10-cv-02067-SLB
*
BOB RILEY, in his individual capacity and in his * 3-judge court
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 Governor’s Task Force on *
Illegal Gaming, *
*
Defendants. *

PLAINTIFFS’ MOTION FOR CLARIFICATION

AND/OR RECONSIDERATION OF ORDER
SCHEDULING ORAL ARGUMENT ON MOTION TO DISMISS
 Case 7:10-cv-02067-SLB Document 16 Filed 08/30/10 Page 2 of 4

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.

 Case 7:10-cv-02067-SLB Document 16 Filed 08/30/10 Page 3 of 4

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 s/James U. Blacksher

Bar No. ASB-4786-I 47W Bar No. ASB-2381-S82J
2112 11th Avenue South P.O. Box 636
Suite 541 Birmingham AL 35201
Birmingham, AL 35205 205-591-7238
205-320-2882 Fax: 866-845-4395
fax 205-449-9752 E-mail: jblacksher@ns.sympatico.ca
E-mail: still@votelaw.com
Fred D. Gray
Bar No. ASB-1727-R63F
Gray, Langford, Sapp, McGowan,
Gray & Nathanson

3
 Case 7:10-cv-02067-SLB Document 16 Filed 08/30/10 Page 4 of 4

P. O. Box 830239
Attorneys for plaintiffs Tuskegee , AL 36083-0239
334-727-4830
Fax: 334-727-5877
E-mail: fgray@glsmgn.com

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) Martha Tierney (TIE001)

OFFICE OF GOVERNOR BOB OFFICE OF GOVERNOR BOB
RILEY RILEY
600 Dexter Avenue 600 Dexter Avenue
Montgomery, Alabama 36130 Montgomery, Alabama 36130

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

Hon. Troy King Respectfully submitted,

Attorney General
500 Dexter Ave. s/James U. Blacksher
Montgomery AL 36130 Bar No. ASB-2381-S82J
P.O. Box 636
Birmingham AL 35201
205-591-7238
Fax: 866-845-4395
E-mail: jblacksher@ns.sympatico.ca