IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Transcription

1 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, and COALITION FOR THE PEOPLES AGENDA, CIVIL ACTION FILE NO. 11-CV-1849-WBH v. BRIAN KEMP, in his official capacity as Secretary of State, and CLYDE L. REESE, III, in his official capacity as Commissioner of the Georgia Department of Human Services, Defendants. MOTION FOR ORAL ARGUMENT COME NOW, BRIAN KEMP, in his official capacity as Secretary of State (Secretary), and CLYDE L. REESE, III., in his official capacity as Commissioner of the Georgia Department of Human Services (Commissioner), by and through their counsel of record, Samuel S. Olens, the Attorney General for the State of Georgia, and pursuant to Rule 7.1E of the Local Rules for the Northern District of Georgia, file this Motion for Oral Argument. The grounds for Defendants Motion are set forth in the attached Brief.

2 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 2 of 6 Respectfully submitted, SAMUEL S. OLENS Attorney General DENNIS R. DUNN Deputy Attorney General STEFAN RITTER Please address all Communication to: /s/ Julia B. Anderson JULIA B. ANDERSON JULIA B. ANDERSON 40 Capitol Square, S.W. Atlanta, Georgia (404) FAX (404)

3 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 3 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, and COALITION FOR THE PEOPLES AGENDA, CIVIL ACTION FILE v. NO. 11-CV-1849-WBH BRIAN KEMP, in his official capacity as Secretary of State, and CLYDE L. REESE, III, in his official capacity as Commissioner of the Georgia Department of Human Services, Defendants. BRIEF IN SUPPORT OF MOTION FOR ORAL ARGUMENT Pursuant to Rule 7.1E of the Local Rules for the Northern District of Georgia, the Defendants respectfully request that the Court schedule oral argument on Defendants Motion to Dismiss. Plaintiffs allege that Defendants have violated certain provisions of the National Voter Registration Act of 1993 (NVRA), 42 U.S.C. 1973gg et seq. One of the issues raised in Defendants Motion to Dismiss, is the scope of the NVRA, which is an issue that has not yet been addressed by any court. Because this

4 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 4 of 6 is a case of first impression, the Defendants request that the Court grant oral argument in this case. Respectfully submitted, SAMUEL S. OLENS Attorney General DENNIS R. DUNN Deputy Attorney General STEFAN RITTER Please address all Communication to: /s/ Julia B. Anderson JULIA B. ANDERSON JULIA B. ANDERSON 40 Capitol Square, S.W. Atlanta, Georgia (404) FAX (404)

5 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 5 of 6 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing MOTION FOR ORAL ARGUMENT and BRIEF IN SUPPORT THEREOF with the Clerk of Court using the CM/ECF system which will automatically send notification of such filing to the following attorneys of record and by mailing by regular first class mail to those attorneys not currently admitted pro hac vice. The attorneys who are being served by mail are indicated with an asterisk. Moffatt Laughlin McDonald ACLU Foundation Voting Rights Project 230 Peachtree Street, NW Suite 1440 Atlanta, GA Nancy Gbana Abudu ACLU Southern Regional Office Suite Peachtree Street Atlanta, GA Neil A. Steiner Robert W. Topp DECHERT LLP 1095 Avenue of the Americas New York, New York Nicole K. Zeitler Niyati Shah PROJECT VOTE 737 1/2 8 th Street SE Washington, DC 20003

6 Case 1:11-cv CAP Document 15 Filed 06/27/11 Page 6 of 6 Robert A. Kengle Mark A. Posner LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue, N.W., Suite 400 Washington, D.C Brenda Wright DEMOS: A NETWORK FOR IDEAS AND ACTION 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts Allegra Chapman DEMOS: A NETWORK FOR IDEAS AND ACTION 220 Fifth Avenue, 5th Floor New York, New York Kim Keenan Anson Asaka NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC. NAACP National Office 4805 Mt. Hope Drive Baltimore, MD This 27th day of June /s/ Julia B. Anderson JULIA B. ANDERSON