Case 2:11-cv JTM-JCW Document 379 Filed 10/08/12 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

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1 Case 2:11-cv JTM-JCW Document 379 Filed 10/08/12 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, Plaintiffs, Civil Action No. 2:11-cv JTM-JCW Section H v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. PLAINTIFFS MOTION IN LIMINE TO EXCLUDE SOS EXHIBITS 7, 8, AND 9 (EVIDENCE CONCERNING THE VOTING HISTORY OF LUTHER SCOTT, JR.) NOW INTO COURT come Plaintiffs, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, and file the attached motion in limine seeking to exclude from trial any and all evidence relating to the voting history of Plaintiff Luther Scott, Jr., including, but not limited to, his past voter registration status, whether he has voted in past elections, and Defendant Schedler s Trial Exhibits 7 through 9 ( SOS Exhibits 7-9 ). For the reasons set forth in detail in the accompanying Memorandum, the Plaintiffs respectfully request that the Court grant this Motion. 1

2 Case 2:11-cv JTM-JCW Document 379 Filed 10/08/12 Page 2 of 3 Respectfully submitted, /s/ Dale E.Ho Dale E. Ho (dho@naacpldf.org)* Natasha M. Korgaonkar (nkorgaonkar@naacpldf.org)* Debo P. Adegbile Elise C. Boddie Ryan P. Haygood (rhaygood@naacpldf.org)* NAACP Legal Defense & Educational Fund, Inc. (New York) 99 Hudson Street, Suite 1600 New York, NY Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA Michael B. de Leeuw (michael.deleeuw@friedfrank.com)* Israel David (israel.david@friedfrank.com)* Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza New York, NY Sarah Brannon (sbrannon@projectvote.org)* Niyati Shah (nshah@projectvote.org)* Michelle Rupp (mrupp@projectvote.org)* Project Vote 1350 Eye Street NW, Suite 1250 Washington, DC Attorneys for Plaintiffs 2

3 Case 2:11-cv JTM-JCW Document 379 Filed 10/08/12 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on the 8 of October, 2012, I electronically filed the foregoing Memorandum in Support of Motion to Strike Declarations and Documents Filed by Defendants Johnson and Greenstein and for Sanctions with the Clerk of the Court using the CM/ECF system, which will send a notice of electronic filing to persons electronically noticed. I further certify that I mailed the foregoing document and the notice of electronic filing by first class mail to any non-cm/ecf participant. /s/ Dale E. Ho

4 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, Plaintiffs, Civil Action No. 2:11-cv JTM-JCW Section H v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE SOS EXHIBITS 7, 8, AND 9 (EVIDENCE CONCERNING THE VOTING HISTORY OF LUTHER SCOTT, JR.) Plaintiffs file this motion in limine to exclude from trial any and all evidence relating to the voting history of Plaintiff Luther Scott, Jr., including, but not limited to, his past voter registration status, whether he has voted in past elections, and Defendant Schedler s Trial Exhibits 7 through 9 ( SOS Exhibits 7-9 ). This evidence is not probative of whether Mr. Scott was provided with the opportunity to register to vote, or declined such opportunity in writing, in compliance with Section 7 of the NVRA, 42 U.S.C. 1973gg-5,,at each application or renewal of his SNAP benefits, and is therefore entirely irrelevant to this litigation. Fed. R. Evid Moreover, the primary purpose of this evidence is to prejudice Mr. Scott, and therefore such evidence, even if relevant, is inadmissible pursuant to Federal Rule of Evidence

5 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 2 of 5 ARGUMENT Defendants have attempted to introduce several facts and exhibits relating to Mr. Scott s past voter registration status and voting history. See Doc. 373, Proposed Amended Pre-Trial Order, Contested Facts 371, 372, 399, , 405, SOS Exs Mr. Scott s voting record is not relevant to any claim or defense before this Court. Instead, the claims all relate solely to defendants non-compliance with Section 7 of the NVRA. Insofar as Mr. Scott was not given a voter registration application, and did not decline an application in writing during his benefits applications, that lapse would not have been excused even if he had been registered to vote at the time nor would it matter whether he had ever chosen to vote despite being registered. Cf. 42 U.S.C. 1973gg-5 (requiring a voter registration application to be distribute[d] with each application ). Mr. Scott s voting history has no relation to any fact... of consequence in this dispute, Fed. R. Evid. 401, and therefore should not be admitted at trial. Fed. R. Evid The only conceivable purpose of this evidence would be to draw attention away from the issues at hand. Defendants may seek to suggest that because Mr. Scott does not vote consistently or because he may have been registered to vote in the past at previous addresses the denial of his statutory right to receive the opportunity to register is of no consequence. This Court has recognized that Mr. Scott may maintain his claim irrespective of his voter registration status. See Doc. 361, Minute Entry 12. The matter of his voting history is no different; Mr. Scott s voting history is unrelated to the Defendants statutory obligations under Section 7, and offers not probative value to the issues before this Court. Accordingly, introducing evidence of Mr. Scott s voting history would serve only to confuse the issues, waste time, and potentially prejudice Mr. Scott. Such evidence should therefore also be excluded under Federal Rule of Evidence

6 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 3 of 5 CONCLUSION For the aforementioned reasons, Plaintiffs respectfully request that this Court order that any and all evidence concerning Mr. Scott s past voter registration status and voting history, including but not limited to SOS Exhibits 7-9, shall be inadmissible at trial. Respectfully submitted, /s/ Dale E.Ho Dale E. Ho (dho@naacpldf.org)* Natasha M. Korgaonkar (nkorgaonkar@naacpldf.org)* Debo P. Adegbile Elise C. Boddie Ryan P. Haygood (rhaygood@naacpldf.org)* NAACP Legal Defense & Educational Fund, Inc. (New York) 99 Hudson Street, Suite 1600 New York, NY Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA Michael B. de Leeuw (michael.deleeuw@friedfrank.com)* Israel David (israel.david@friedfrank.com)* Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza New York, NY Sarah Brannon (sbrannon@projectvote.org)* Niyati Shah (nshah@projectvote.org)* 3

7 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 4 of 5 Michelle Rupp (mrupp@projectvote.org)* Project Vote 1350 Eye Street NW, Suite 1250 Washington, DC Attorneys for Plaintiffs 4

8 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on the 8 of October, 2012, I electronically filed the foregoing Memorandum in Support of Motion to Strike Declarations and Documents Filed by Defendants Johnson and Greenstein and for Sanctions with the Clerk of the Court using the CM/ECF system, which will send a notice of electronic filing to persons electronically noticed. I further certify that I mailed the foregoing document and the notice of electronic filing by first class mail to any non-cm/ecf participant. /s/ Dale E. Ho

9 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR. and the LOUISIANA STATE CONFERENCE OF THE NAACP, Civ. No. 2:11-cv JTM-JCW Section H Plaintiffs, v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State; RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services; and BRUCE D. GREENSTEIN in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. NOTICE OF SUBMISSION PLEASE TAKE NOTICE that Plaintiffs Luther Scott, Jr. and the Louisiana State Conference of the NAACP will bring the attached Motion In Limine to Exclude SOS Exhibits 7, 8, and 9 (Evidence Concerning the Voting History of Luther Scott, Jr.) for submission before the Honorable Judge Jane Triche Milazzo on the 15th day of October, 2012 at 8:15 a.m.

10 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 2 of 3 Dated: October 8, 2012 Respectfully submitted, /s/ Dale E.Ho Dale E. Ho (dho@naacpldf.org)* Natasha M. Korgaonkar (nkorgaonkar@naacpldf.org)* Debo P. Adegbile Elise C. Boddie Ryan P. Haygood (rhaygood@naacpldf.org)* NAACP Legal Defense & Educational Fund, Inc. (New York) 99 Hudson Street, Suite 1600 New York, NY Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA Michael B. de Leeuw (michael.deleeuw@friedfrank.com)* Israel David (israel.david@friedfrank.com)* Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza New York, NY Michelle Rupp (mrupp@projectvote.org)* Niyati Shah (nshah@projectvote.org)* Sarah Brannon (sbrannon@projectvote.org)* Project Vote 1350 Eye Street NW, Suite 1250 Washington, DC Attorneys for Plaintiffs

11 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on October 8, 2012, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system, which will send a notice of electronic filing to counsel of record who are registered participants of the Court s CM/ECF system. I further certify that I mailed the foregoing document by first-class mail to counsel of record who are not CM/ECF participants as indicated in the notice of electronic filing. /s/ Dale E.Ho Dale E. Ho (dho@naacpldf.org)* Natasha M. Korgaonkar (nkorgaonkar@naacpldf.org)* Debo P. Adegbile Elise C. Boddie Ryan P. Haygood (rhaygood@naacpldf.org)* NAACP Legal Defense & Educational Fund, Inc. (New York) 99 Hudson Street, Suite 1600 New York, NY *MOTION FOR ADMISSION PRO HAC VICE Counsel for Plaintiffs

12 Case 2:11-cv JTM-JCW Document Filed 10/08/12 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, Plaintiffs, Civil Action No. 2:11-cv JTM-JCW Section H v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. ORDER On Motion In Limine to exclude from trial any and all evidence relating to the voting history of Plaintiff Luther Scott, Jr., including, but not limited to, his past voter registration status, whether he has voted in past elections, and Defendant Schedler s Trial Exhibits 7, 8 and 9, IT IS HEREBY ORDERED that such evidence is inadmissible at trial. This day of October, HONORABLE JANE TRICHE MILAZZO