UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Transcription

1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TEXAS DEMOCRATIC PARTY; BOYD L. RICHIE, in his capacity as Chairman of the Texas Democratic Party; HARRIS COUNTY DEMOCRATIC PARTY; GERALD BIRNBERG, in his capacity as Chairman of the Harris County Democratic Party; J. GOODWILLE PIERRE; ALEXANDRA GIBBS; JEFFREY T. VANSCHOONHOVEN; BONI SUE LESZCZUK; and ERIC J. GALLOWAY vs. Plaintiffs, PAUL BETTENCOURT, in his capacity as Harris County Tax Assessor Collector and Harris County Voter Registrar Defendant. Cause No. 4:08-CV JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(F) FEDERAL RULES OF CIVIL PROCEDURE 1. State where and when the meeting of the parties required by Rule 26(f) was held, and identify the counsel who attended for each party. The call was held at 9:30 AM on Wednesday, December 17, 2008 by telephone. The call was attended by Plaintiffs Counsel, Chad Dunn and Mike Prather. The call was attended by Defendant s Counsel, Clinton Gambill. 2. List the cases related to this one that are pending in any state or federal court with the case number and court.

2 Plaintiff Goodwille Pierre has filed a state election contest arguing he is entitled to election to the 333 rd District Court, in part, because of voter registration allegations made in this case. Mr. Pierre is represented by different counsel in that case. The case is styled Goodwille Pierre, Contestant vs. Joseph "Tad" Halbach, Contestee; Cause No ; 190th District Court, Harris County, Texas. 3. Briefly describe what this case is about. Plaintiffs claim the Defendant has not been complying with federal statutes and constitutional provisions in the administration of the Harris County Voter Registration Process. Plaintiffs also claim the Defendant is enacting, administering or effectuating standards, practices or procedures with respect to voting different from those in force or effect on November 1, 1972 or that were subsequently lawfully pre-cleared under the terms of the Voting Rights Act, 42 U.S.C. 1973c. 4. Specify the allegation of federal jurisdiction. Plaintiffs claim the Court has jurisdiction over this matter under 28 U.S.C. 1331, 1343(3) & (4), 1345 and 1367(a) as well as 42 U.S.C. 1973c, 1973j, and 1971(c). 5. Name the parties who disagree and the reasons. The Defendant does not contest the Court has jurisdiction. 6. List anticipated additional parties that should be included, when they can be added, and by whom they are wanted. Plaintiffs may add additional individuals as Plaintiffs who were allegedly improperly denied voter registration. On the other hand, Plaintiffs may simply rely on the additional individuals as fact witnesses. The parties have agreed to a deadline of January 30, 2009 to add additional parties. Defendant does not at this anticipate any additional parties. 7. List anticipated interventions. None known at this time. 8. Describe class-action issues. None

3 9. State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures. The parties have agreed to make their initial disclosures on or before January 9, None have been made to date. 10. Describe the proposed agreed discovery plan, including: a. Responses to all the matters raised in Rule 26(f). Plaintiffs counsel has asked Defendant s counsel to inform his client of his duty to preserve all electronic and paper information in the Tax Office as it relates to voter registration as well as any voice phone recordings. Defendant counsel acknowledged the request and has informed his client. b. When and to whom the plaintiff anticipates it may send interrogatories. Plaintiff anticipates propounding interrogatories to the Defendant by the end of the year. c. When and to whom the defendant anticipates it may send interrogatories. Defendant anticipates propounding interrogatories to Plaintiffs within a month. d. Of whom and by when the plaintiff anticipates taking oral depositions. Plaintiff intends to take oral depositions of employees of the tax office, members of the Early Voting Ballot Board, Defendant Paul Bettencourt, and individuals who were allegedly denied registration. e. Of whom and by when the defendant anticipates taking oral depositions. Defendant intends to depose some or all of the Plaintiffs f. When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports. Plaintiffs will designate experts on or before May 29, 2009.

4 Defendant will designate experts on or before June 30, g. List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). Plaintiffs intend to depose all of the experts designate by Defendant and will do so by September 11, h. List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). Defendant intends to depose all of the experts designate by Plaintiffs and will do so by September 11, If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party. The parties agree on the Discovery Plan. However, the parties may disagree as to who will bear the costs of document production and what information, if any, should be redacted. 12. Specify the discovery beyond initial disclosures that has been undertaken to date. None 13. State the date the planned discovery can reasonably be completed. September 11, Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting. Counsel has discussed settlement and are unable to make an agreement. 15. Describe what each party has done or agreed to do to bring about a prompt resolution. Counsel have discussed the legal and factual issues of the case as well as potential dispute resolution procedures.

5 16. From the attorneys discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable, and state when such a technique may be effectively used in this case. Counsel does not anticipate mediation or ADR would be appropriate for this case. 17. Magistrate judges may now hear jury and non-jury trials. Indicate the parties joint position on a trial before a magistrate judge. Counsel are opposed to trial before the magistrate. 18. State whether a jury demand has been made and if it was made on time. None 19. Specify the number of hours it will take to present the evidence in this case. Plaintiffs estimate taking 40 hours for the trial before the single judge. Defense Counsel estimates 20 hours for the defense. Plaintiffs estimate 15 hours before the three judge panel considering the Section 5 Voting Rights Act Claim. Defense Counsel estimates 8 hours for the defense. 20. List pending motions that could be ruled on at the initial pretrial scheduling conference. None 21. List other motions pending. Plaintiff will file with this Plan a Motion to Appoint the Three-Judge Panel. 22. Indicate other matters peculiar to this case, including discovery, that deserve the special attention of the court at the conference. This case presents two categories of claims. The first category includes constitutional claims, claims under the National Voter Registration Act, and claims under the Materiality Provision of the Voting Rights Act. These claims are fact intensive and, under law, must be decided by a single judge with any appeal to the Court of Appeals. The second category of claims includes only Plaintiffs Section 5 claim under the Voting Rights Act (42 U.S.C. 1973c). This claim must be decided by a panel of three judges and any appeal must be considered by the Supreme Court.

6 Counsel proposes the Court enter the scheduling order submitted contemporaneously herewith. Plaintiffs request, and Defendant does not oppose, that a three-judge panel be appointed and that a hearing before the panel on a permanent injunction go forward sometime late Summer, at the convenience of the three-judges. The three-judge hearing will be limited to the Section 5, Voting Rights Act Claim. At the conclusion of that hearing, any party who desires to appeal can seek to have the Section 5 claim severed so that an immediate appeal can go forward at the Supreme Court. The trial on the remaining claims will then proceed in December under the scheduled proposed in the attached scheduling order. 23. List the names, bar numbers addresses and telephone numbers of all counsel. Chad W. Dunn State Bar No General Counsel TEXAS DEMOCRATIC PARTY BRAZIL & DUNN K. Scott Brazil State Bar No FM 1960 West, Suite 530 Houston, Texas Telephone: (281) Facsimile: (281) Mike Prather State Bar No FABREGA, HOOD, RAYNES & FASS, L.L.P. 815 Walker, Suite 740 Houston, Texas Telephone (713) Facsimile (713) ATTORNEYS FOR PLAINTIFFS

7 F. Clinton Gambill II State Bar Number Assistant County Attorney 1019 Congress, 15th Floor Houston, Texas (713) (713) (Fax) ATTORNEY FOR DEFENDANT PAUL BETTENCOURT Respectfully submitted, TEXAS DEMOCRATIC PARTY, BOYD L. RICHIE, in his capacity as Chairman of the Texas Democratic Party, and other Plaintiffs By: /s/ Chad W. Dunn Chad W. Dunn Attorney In Charge State Bar No Southern District of Texas No General Counsel TEXAS DEMOCRATIC PARTY BRAZIL & DUNN K. Scott Brazil State Bar No Southern District of Texas No FM 1960 West, Suite 530 Houston, Texas Telephone: (281) Facsimile: (281) FABREGA, HOOD, RAYNES & FASS, L.L.P. Mike Prather State Bar No Southern District of Texas No Walker, Suite 740 Houston, Texas Telephone (713) Facsimile (713) ATTORNEYS FOR PLAINTIFFS

8 PAUL BETTENCOURT in his capacity as Harris County Tax Assessor Collector and Harris County Voter Registrar By: /s/ F. Clinton Gambill II F. Clinton Gambill II State Bar Number Southern District of Texas No Assistant County Attorney 1019 Congress, 15th Floor Houston, Texas Telephone: (713) Facsimile: (713)