UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Transcription

1 Case 2:11-cv JTM-JCW Document 376 Filed 10/08/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for emselves and all oer persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW v. TOM SCHEDLER in his official capacity as e Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of e Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of e Louisiana Department of Heal & Hospitals, DEFENDANT SECRETARY OF STATE S MOTION IN LIMINE, OBJECTION TO MATERIALITY OF EXHIBITS AND OBJECTIONS TO FACTS LISTED AS UNCONTESTED FACTS IN THE PRE-TRIAL ORDER (Doc 373) Pursuant to e Pre-Trial Notice (Doc 109-1) as modified by Minute Entry (Doc 361), e Secretary of State respectfully moves: I. Motion in Limine and Materiality Objections to Exhibits Defendant, Secretary of State, moves for an Order excluding argument, exhibits and evidence proposed by e plaintiffs for trial as follows: 1. The meod by which applications at public assistance agencies are coded and counted for or in connection wi Election Assistance Commissions (EAC) or Federal Election Commission (FEC) regulatory reporting is not a matter in issue in e case and is not material to e controversy because (a) no regulatory violation is pled by e plaintiffs, (b) regulatory 9, and (c) plaintiffs do not and cannot allege at ey were aggrieved by e way Louisiana enforcement is beyond e scope of e private right of action granted by 42 U.S.C. 1973gg- -1-

2 Case 2:11-cv JTM-JCW Document 376 Filed 10/08/12 Page 2 of 5 codes and counts voter registration applications completed at public assistance agencies; and so any criticism, argument, exhibits, and/or evidence pertaining to e meod of coding and counting registrations at public assistance agencies should be excluded from e case. 2. Particular Plaintiff Exhibits at should be excluded as immaterial pursuant to e preceding paragraph include Exhibit Nos. 2a, 2b, 2c, 9, 32, 36, 38, 53, 54, 55, 63, 64, 65, 222a, 222b, 222c, 222d, 222e, 222f, 222g, 222h, 223, 224, 225, 226, 227, 228, 229, 230 and Only if e applicability of e NVRA to e so-called remote transactions (ose oer an transactions in person at public assistance agencies) remains in issue at trial is any argument, exhibit, or evidence relating to public assistance agency transactions on-line, by mail, or by telephone material or admissible in evidence at e trial. 4. Particular Plaintiff Exhibits at should be excluded as immaterial pursuant to e preceding paragraph include Exhibit Nos. 15, 31, 57, 58, 85, 86a, 86b, 86c, 86d, 111, 140, 141, 164, 165, 167, 168, 169, 174, 209, 210, and 232. II. Preliminary Admissibility Objections to Uncontested Facts Listed in e Pre-Trial Order (Doc 373) Reserving objections for trial on particular issues at are insusceptible of identification at e Pre-Trial stage, e Secretary of State objects to uncontested facts listed in e Pre-Trial Order as follows: 1. The Secretary of State submits at numerous facts listed as Uncontested Facts pertain to oer parties to e litigation, and e Secretary of State requests at e Court limit -2-

3 Case 2:11-cv JTM-JCW Document 376 Filed 10/08/12 Page 3 of 5 admission of eir evidence consistent wi FRE 105 as to e indicated party. Oerwise, e proposed facts constitute hearsay if offered against e Secretary of State. On ose bases, e Secretary of State objects to e following uncontested facts by number: 5, 6, 7, 8, 9, 10, 12, 15, 20, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 85, 86, 87, 88, 89, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 168, 169, 171, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185 and The Secretary of State objects to e admissions of evidence as immaterial and irrelevant as not required by e NVRA. The facts in is category include: 30, 44, 45, 138, 150, 151, 152, 168, 169 and The meod of coding and counting public assistance voter registration applications for regulatory purposes as required by e EAC and/or FEC are objected to immaterial and outside e range of issues in e litigation because (a) regulatory violations were not pled, (b) regulatory enforcement and compliance is beyond e private right of action granted by 42 U.S.C. 1973gg-9 and (c) plaintiffs do not and cannot allege at ey were aggrieved by e way Louisiana codes and counts public assistance registrations. Facts listed in is category include 101, 102, 103 and Quotations from depositions are prohibited by e Pre-Trial Notice (Doc 109-1) because e depositions were not properly marked and designated and e Secretary of State -3-

4 Case 2:11-cv JTM-JCW Document 376 Filed 10/08/12 Page 4 of 5 was not afforded e opportunity to offer oer parts of e deposition in evidence. The facts in is category include Nos. 33, 165, 167, 175, 177, 183, 185, 186 and Statements in e Uncontested Facts at are ambiguous and whose content is vague and unclear and may be interpreted in different ways and is likely to result in confusion if admitted include 94, 114, 115, 116, 117, 118, 119, 112, 123, 124, 128, 144, 145, 146, 147, 148, 149, 162, 176, 177, 178, 185 and The facts relevant to remote transactions are material if e issue of e NVRA s applicability to such transactions remains in contest at trial, include 11, 13, 16, 17, 18, 19, 21, 22, 23, 24, 29, 78, 79, 80, 81, 82, 83 and 84. Wherefore, Defendant, Secretary of State, prays at is motion be granted and at e exhibits and statements of facts objected to herein by excluded from trial. Defendant furer prays for all full, general and equitable relief. Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No Government Street, Suite 101 P.O. Box 3036 Telephone: (225) Facsimile: (225) celiacan@bellsou.net s/carey T. Jones CAREY T. JONES Bar Roll No Vincent Road P.O. Box 700 Denham Springs, LA Telephone: (225)

5 Case 2:11-cv JTM-JCW Document 376 Filed 10/08/12 Page 5 of 5 Facsimile: (225) tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State CERTIFICATE OF SERVICE I Hereby Certify That a Copy of e above and Foregoing Defendant Secretary of State s Motion in Limine, Objection to Materiality of Exhibits and Objections to Facts Listed as Uncontested Facts in e Pre-trial Order (Doc 373) was sent electronically or via U.S. First Class Mail, postage prepaid, to e following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) 737 ½ 8 Street SE Washington, DC Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Baton Rouge, Louisiana, is 8 of October, Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Heal & Hospitals Bureau of Legal Services Bienville Blvd. 628 N. 4 Street Baton Rouge, LA Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) 451 Florida St., 8 Floor P. O. Box 2471 Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 s/celia R. Cangelosi CELIA R. CANGELOSI -5-

6 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for emselves and all oer persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW v. TOM SCHEDLER in his official capacity as e Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of e Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of e Louisiana Department of Heal & Hospitals, SECRETARY OF STATE S MEMORANDUM IN SUPPORT OF MOTION IN LIMINE, OBJECTION TO MATERIALITY OF EXHIBITS PROPOSED BY PLAINTIFFS AND OBJECTIONS TO FACTS LISTED AS UNCONTESTED FACTS IN THE PRE-TRIAL ORDER (Doc 373) AND ARGUMENT ON OBJECTIONS BY PLAINTIFFS TO THE SECRETARY OF STATE S EXHIBITS MAY IT PLEASE THE COURT: In accordance wi e Court s Minute Entry of September 27, 2012 (Doc 361), e Secretary of State submitted a single motion (a) to limit issues and evidence in advance of e trial, (b) stating materiality objections to plaintiffs proposed exhibits wi e understanding at furer objections to e eir admissibility are reserved to e time of trial, and (c) stating objections to e admissibility of facts set out in e uncontested facts portion of e Pre-Trial Order (Doc 373) wi e understanding at e factual accuracy of -1-

7 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 2 of 9 e Uncontested Facts is agreed in e Pre-Trial Order but not e admissibility ereof. Finally, is memorandum addresses e Secretary of State s objections to e auenticity of plaintiffs Exhibit 232 as well as e plaintiffs stated objections to e Secretary of State s proposed exhibits. Motion In Limine and Objections to Materiality of Exhibits The Secretary of State first moves for an Order excluding argument, exhibits and evidence relating to e meod of coding and counting public assistance registrations in Louisiana. These items are related to regulatory requirements promulgated by e Elections Assistance Commission (EAC) and/or e Federal Elections Commission (FEC) requiring states to report certain specified statistics relating to public agency registrations at two year intervals. Plaintiff did not pled any regulatory violations wi respect to e manner and meod of reporting to e EAC/FEC. Nor have e plaintiffs sought to amend under FRCP 15(a) or (b) to include is issue for e termination at trial. Gentilello v. Rege, 627 F.3d 54 (5 Cir. 2010). Even if Plaintiff wanted to amend to include e claim and had sought leave to do so, 42 U.S.C. 1973gg-9(b), creating a private right of action, limits e action to violations of is sub-chapter by which e plaintiff claims to be aggrieved. Obviously, neier of e plaintiffs can claim to be aggrieved by coding and counting meods for e preparation of reports to e EAC/FEC. Moreover, a regulatory violation is not included in is subchapter of e -2-

8 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 3 of 9 NVRA. Consequently, e issue of coding and counting public assistance registrations should be excluded from trial. Particularly exhibits identified on e coding and counting issue include: 2a, 2b, 2c, 9, 32, 36, 38, 53, 54, 55, 63, 64, 65, 222a, 222b, 222c, 222d, 222e, 222f, 222g, 222h, 223, 224, 225, 226, 227, 228, 229, 230 and 231. Second, e Secretary of State moves to exclude argument, exhibits, and evidence relating to remote transactions at public assistance agencies (ose agency transactions oer an ose conducted in person ), unless e issue of e NVRA s applicability to remote transactions remains to be determined at e trial. Exhibits identified in is category include: 15, 31, 57, 58, 85, 86a, 86b, 86c, 86d, 111, 140, 141, 164, 165, 167, 168, 169, 174, 209, 210, and 232. The remote evidence and particularly e exhibits identified herein should be excluded, again, oerwise e applicability of e NVRA to e remote transactions is to be determined. Admissibility Objections to Uncontested Facts Listed in e Pre-Trial Order Preliminary Admissibility Objections to Uncontested Facts Listed in e Pre-Trial Order (Doc 373) Reserving objections for trial on particular issues at are insusceptible of identification at e Pre-Trial stage, e Secretary of State objects to uncontested facts listed in e Pre-Trial Order as follows: -3-

9 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 4 of 9 The Secretary of State submits at numerous facts listed as Uncontested Facts pertain to oer parties to e litigation, and e Secretary of State requests at e Court limit admission of eir evidence consistent wi FRE 105 as to e indicated party. Oerwise, e proposed facts constitute hearsay if offered against e Secretary of State excluded by FRE 801. On ose bases, e Secretary of State objects to e following uncontested facts by number: 5, 6, 7, 8, 9, 10, 12, 15, 20, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 85, 86, 87, 88, 89, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 168, 169, 171, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185 and 186. The Secretary of State objects to e admission of evidence as immaterial and irrelevant as not required by e NVRA and erefore inadmissible as being outside e dispute for resolution at trial. The facts in is category include: 30, 44, 45, 138, 150, 151, 152, 168, 169 and 170. The meod of coding and counting public assistance voter registration applications for regulatory purposes as required by e EAC and/or FEC are objected to immaterial and outside e range of issues in e litigation because (a) regulatory violations were not pled, (b) regulatory enforcement and compliance is beyond e private right of action granted by -4-

10 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 5 of 9 42 U.S.C. 1973gg-9 and (c) plaintiffs do not and cannot allege at ey were aggrieved by e way Louisiana codes and counts public assistance registrations. Facts listed in is category include 101, 102, 103 and 105. Quotations from depositions are prohibited by e Pre-Trial Notice (Doc 109-1) because ey were not properly marked and designated. The facts in is category include Nos. 33, 165, 167, 175, 177, 183, 185, 186 and 187. Statements in e Uncontested Facts at are ambiguous and whose content is vague and unclear and may be interpreted in different ways and is furer likely to result in confusion include 94, 114, 115, 116, 117, 118, 119, 112, 123, 124, 128, 144, 145, 146, 147, 148, 149, 162, 176, 177, 178, 185 and 186. These facts are precluded by FRE 611. The facts relevant to remote transactions are material only if e issue of e NVRA s applicability to such transactions remains in contest at trial. These facts include 11, 13, 16, 17, 18, 19, 21, 22, 23, 24, 29, 78, 79, 80, 81, 82, 83 and 84. Auenticity Objection to Plaintiffs Exhibit 232 The Secretary of State contests e auenticity of plaintiffs Exhibit 232 pursuant to FRE 901. The document is suspected to be some sort of statement by a public interest group. Apart from e evident hearsay nature of e statement, wiout evidence to prove e legitimacy of e document and absent e Secretary s ability to cross examine e exhibit s auor, e exhibit is inadmissible. -5-

11 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 6 of 9 Argument by Defendant Louisiana Secretary of State Regarding Secretary of State Exhibits Contested By Plaintiffs At pages of e Proposed Pre-Trial Order (Doc 373), plaintiffs contest SOS Exhibits 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 20, 22, 40, 41, 43, 52, 53, 54, and 62 on various grounds. The Secretary of State s argument in support of ese exhibits follows. Plaintiffs object to many of e exhibits as Not produced in discovery. However, plaintiffs listed as trial exhibits in Doc 227 at #28, Any and all documents listed or referenced in any pleadings or papers filed in is litigation. The Secretary of State listed as trial exhibits in Doc 226 at #I, t., Any exhibit listed by any oer party. These exhibits so contested are ereof allowable as having been contained in pleadings in e litigation or oerwise referenced erein. In e arguments made below, ese exhibits are noted by an asterisk (*) identifying e location in e record. SOS Ex 4 - * Doc 309-5; Furer court ordered depositions regarding. The Secretary of state had no obligation to produce in discovery as e documents were not requested of e Secretary of State. The original of e records have been subpoenaed for trial. These records contain statements of e plaintiff, Luer Scott. SOS Ex 7 - * Doc Original records subpoenaed for trial. SOS Ex 8 - Foundation will be laid at trial. SOS Ex 9 - Foundation will be laid at trial. SOS Ex 10 - To be used for impeachment. SOS Ex 11 To be used for impeachment. SOS Ex 13 - * Doc (referenced in). Government records. Foundation -6-

12 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 7 of 9 will be laid. SOS Ex 14 - * Doc (referenced in). Government records. Foundation will be laid. SOS Ex 15 - * Doc (referenced in). Government records. Foundation will be laid. SOS Ex 16 - * Doc (referenced in). Government records. Foundation will be laid. SOS Ex 20 - * Doc SOS Ex 22 - * Doc SOS Ex 40 - * Doc , 10, To be offered to show absence of expenditures related to voter registration drives/activities. SOS Ex 41 - To be used for impeachment. SOS Ex 43 - To be used for impeachment. SOS Ex 52 - To be used for impeachment. SOS Ex 53 - To be used for impeachment. SOS Ex 54 - to be used for impeachment. SOS Ex 62 - The Secretary of State reserves e right to use in e event e witness is unable to appear and testify. WHEREFORE, e Louisiana Secretary of State, respectfully submits at its motion should be granted and e foregoing plaintiffs exhibits and statements of fact be excluded from e trial of e case. The Secretary of State furer submits at its exhibits should not be excluded. -7-

13 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 8 of 9 Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No Government Street, Suite 101 P.O. Box 3036 Telephone: (225) Facsimile: (225) celiacan@bellsou.net s/carey T. Jones CAREY T. JONES Bar Roll No Vincent Road P.O. Box 700 Denham Springs, LA Telephone: (225) Facsimile: (225) tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State CERTIFICATE OF SERVICE I HEREBY CERTIFY at a copy of e above and foregoing Memorandum in Support of Defendant Secretary of State s Motion in Limine, Objection to Materiality of Exhibits Proposed by Plaintiffs and Argument Objections to Facts Listed as Uncontested Facts in e Pre-trial Order (Doc 373) was sent electronically or via U.S. First Class Mail, postage prepaid, to e following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY

14 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 9 of 9 Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) 737 ½ 8 Street SE Washington, DC Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Heal & Hospitals Bureau of Legal Services Bienville Blvd. 628 N. 4 Street Baton Rouge, LA Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) 451 Florida St., 8 Floor P. O. Box 2471 Baton Rouge, Louisiana, is 8 day of October, Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 s/celia R. Cangelosi CELIA R. CANGELOSI -9-

15 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for emselves and all oer persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW v. TOM SCHEDLER in his official capacity as e Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of e Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of e Louisiana Department of Heal & Hospitals, NOTICE BY DEFENDANT, TOM SCHEDLER, OF SUBMISSION OF MOTION IN LIMINE NOW INTO COURT, rough undersigned counsel, comes Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State, who, pursuant to LR 7.2, notices his Motion In Limine filed on October 8, 2012 for submission on October 24, 2012 at 10:00 o clock a.m. WHEREFORE, Defendant, Tom Schedler, in his official capacity as Louisiana Secretary State, prays at his Motion In Limine be noticed for submission on October 24, 2012 at 10:00 o clock a.m.

16 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 2 of 3 Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No Government Street, Suite 101 P.O. Box 3036 Telephone: (225) Facsimile: (225) celiacan@bellsou.net s/carey T. Jones CAREY T. JONES Bar Roll No Vincent Road P.O. Box 700 Denham Springs, LA Telephone: (225) Facsimile: (225) tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State

17 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY at a copy of e above and foregoing Notice By Defendant, Tom Schedler, of Submission of Motion In Limine was sent electronically or via U.S. First Class Mail, postage prepaid, to e following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) 737 ½ 8 Street SE Washington, DC Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Heal & Hospitals Bureau of Legal Services Bienville Blvd. 628 N. 4 Street Baton Rouge, LA Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) 451 Florida St., 8 Floor P. O. Box 2471 Baton Rouge, Louisiana, is 8 day of October, Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 s/celia R. Cangelosi CELIA R. CANGELOSI

18 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for emselves and all oer persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW v. TOM SCHEDLER in his official capacity as e Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of e Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of e Louisiana Department of Heal & Hospitals, IT IS HEREBY ORDERED THAT: ORDER 1. Plaintiff Exhibits numbered 2a, 2b, 2c, 9, 32, 36, 38, 53, 54, 55, 63, 64, 65, 222a, 222b, 222c, 222d, 222e, 222f, 222g, 222h, 223, 224, 225, 226, 227, 228, 229, 230, 231, 15, 31, 57, 58, 85, 86a, 86b, 86c, 86d, 111, 140, 141, 164, 165, 167, 168, 169, 174, 209, 210, and 232 are hereby excluded; 2. Uncontested Facts numbered 30, 44, 45, 138, 150, 151, 152, 168, 169, 170, 101, 102, 103, 105, 33, 165, 167, 175, 177, 183, 185, 186, 187, 94, 114, 115, 116, 117, 118, 119, 112, 123, 124, 128, 144, 145, 146, 147, 148, 149, 162, 176, 177, 178, 185, 186, 11, 13, 16, 17, 18, 19, 21, 22, 23, 24, 29, 78, 79, 80, 81, 82, 83 and 84 are hereby excluded; 3. Uncontested Facts numbered 5, 6, 7, 8, 9, 10, 12, 15, 20, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 46, 47, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 85, 86, 87, 88, 89, 111, 113, 114, 115, 116, 117, 118, 119, 120,

19 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 2 of 2 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 168, 169, 171, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185 and 186 are hereby excluded or alternatively, admitted under FRE 105 only as to e party identified wi e fact. 4. The meod by which applications at public assistance agencies are coded and counted for or in connection wi Election Assistance Commissions (EAC) or Federal Election Commission (FEC) regulatory reporting is excluded from e trial of is case; and 5. The applicability of e NVRA to e so-called remote transactions (ose oer an transactions in person at public assistance agencies) remains in issue at trial. Baton Rouge, Louisiana, is day of, HONORABLE JANE TRICHE-MILAZZO