Part Description 1 11 pages 2 Exhibit 1 - List of Exhibits from Depositions taken in these matters

Transcription

1 LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA et al v. STATE OF NORTH CAROLINA et al, Docket No. 1:13-cv Multiple Documents Part Description 1 11 pages 2 Exhibit 1 - List of Exhibits from Depositions taken in these matters 2015 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 1

2 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., Plaintiffs, v. PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., Plaintiffs, v. THE STATE OF NORTH CAROLINA, et al., Defendants. UNITED STATES OF AMERICA, Plaintiff, THE STATE OF NORTH CAROLINA, et al., v. Defendants. Civil Action No. 1:13-CV-658 Civil Action No. 1:13-CV-660 Civil Action No. 1:13-CV-861

3 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 2 of 11 DEFENDANTS RULE 26(a(3(A PRETRIAL DISCLOSURES Defendants, under Fed. R. Civ. P. 26(a(3(A and the Court s Order of June 26, 2015 (D.E. 299 in Civil Action No. 1:13-cv-658, provide the following pretrial disclosures for the portion of the trial in the above-captioned actions set to begin on July 13, 2015: I. WITNESSES DEFENDANTS EXPECT TO PRESENT OR MAY PRESENT AT TRIAL 1 Under Fed. R. Civ. P. 26(a(3(A(i, Defendants expect to present the following fact witnesses at trial: Kim Westbrook Strach Executive Director North Carolina State Board of Elections ( NC SBE Brian Neesby Business Systems Analyst NC SBE Ted Fitzgerald Voter Outreach Team Lead NC SBE Under Fed. R. Civ. P. 26(a(3(A(i, Defendants expect to present the following expert witnesses at trial: Tom Fetzer Dr. Thomas Hofeller Dr. Trey Hood 1 The addresses and telephone numbers for all witnesses identified herein by Defendants have already been provided to Plaintiffs in Defendants Initial Disclosures, as amended, or by Plaintiffs in their Initial Disclosures, as amended.

4 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 3 of 11 Sean Trende Dr. Janet Thornton Under Fed. R. Civ. P. 26(a(3(A(i, Defendants may call the following fact witnesses at trial if the need arises: Veronica Degraffenreid Elections Preparation and Support Manager NC SBE Marc Burris IT Director NC SBE Brian LiVecchi Special Counsel NC SBE Josh Lawson Public Information Officer NC SBE Under Fed. R. Civ. P. 26(a(3(A(i, Defendants may call the following expert witness at trial if the need arises: Dr. Jeff Fernandez Defendants reserve the right to present other witnesses depending upon the evidence offered by Plaintiffs at the trial, including witnesses to impeach or rebut any witness s testimony or evidence. II. WITNESSES WHO DEFENDANTS EXPECT TO PRESENT BY DEPOSITION Under Fed. R. Civ. P. 26(a(3(A(ii, Defendants intend to present testimony from the following witnesses by deposition designation:

5 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 4 of 11 Charles Underwood President Metro Productions Dean Roberts Senior Manager, Post Office Operations, Greensboro District United States Postal Service Cherie Poucher Former Director Wake County Board of Elections Erika Churchill Principal Legislative Analyst, Research Division North Carolina General Assembly Senator Earline Parmon Former Member North Carolina State Senate Representative Rick Glazier Member North Carolina House of Representatives Michael Dickerson Director Mecklenburg County Board of Elections Gary Bartlett Former Executive Director NC SBE Carolyn Justice Former Member North Carolina House of Representatives James Hope Fact witness identified by the League of Women Voters Plaintiff Group as possessing information as to the effect of the cut to early voting by H.B Lottie Hope Fact witness identified by the League of Women Voters Plaintiff Group as possessing information as to the effect of the cut to early voting by H.B. 589.

6 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 5 of 11 Designations of relevant deposition testimony, a condensed copy of the transcript of each deponent s deposition, and a summary of the key facts and relevancy of the testimony for each of the above-listed witnesses as permitted by the Court s order of June 26, 2015, have been contemporaneously filed along with these disclosures and are hereby incorporated by reference. III. DOCUMENTS AND EXHIBITS, INCLUDING SUMMARIES OF EVIDENCE, THAT DEFENDANTS EXPECT TO OFFER OR MAY OFFER AT TRIAL Under Fed. R. Civ. P. 26(a(3(A(iii Defendants provide the following list of exhibits that they expect to offer at trial: All exhibits offered by Defendants during the Preliminary Injunction hearing State Board of Elections Report Early Voting Comparison 2010 versus 2014 Declaration of Kim Westbrook Strach dated September 2, 2014 and filed with the United States Court of Appeals for the Fourth Circuit Affidavit of R. Erika Churchill dated June 4, 2015 and identified as Exhibit 520 in the Deposition of Erika Churchill May 2015: State Board of Elections Analysis of Mail Verification Failure Rates of SDR and Non-SDR Voters Affidavit of Brian Neesby dated June 8, 2015 (except those portions related solely to the Plaintiffs photo ID claims

7 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 6 of 11 Declaration of Kim Westbrook Strach dated June 12, 2015 and attached Summary of Provisional Ballots in 2014 General Election Affidavit of Janet R, Thornton, Ph.D. dated June 15, 2015 (except those portions related solely to the Plaintiffs photo ID claims Under Fed. R. Civ. P. 26(a(3(A(iii, Defendants provide the following list of exhibits that they may offer at trial: Attached Exhibit 1 contains a list of exhibits from depositions taken in these matters that Defendants may offer at trial. In addition to the exhibits listed in Exhibit 1, Defendants may also offer the following documents and/or exhibits at trial: o Data regarding individuals who were currently or formerly registered to vote, or attempted to register to vote, in North Carolina contained in the SEIMS database. o Data regarding individuals in the SADLS database o Data available on the FTP site of the North Carolina State Board of Elections located at ftp://alt.ncsbe.gov/. o Authorization to Vote Form for William Arthur Meadows o Authorization to Vote Form for Debbie Denise Dybowski o NC Public Voter Information form for Isabel Najera o NC Public Voter Information form for Sherry Evon Durant o NC Public Voter Information form for Richard Wayne Presnell

8 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 7 of 11 o SADLS Snapshot Summary Chart for Anna Grace Martin, Sarah Faith Martin, Chief Justice Mark Dean Martin, with screenshots of SADLS tables to support the summary chart o Documents showing the North Carolina voter registration and voter history of Bessie Brock Ward, including Ms. Ward s provisional voting application and voter registration cards. o Maps showing the distance by walking and public transportation from the residence of Timothy Washington to his assigned polling site (WAGES Building and other locations in Goldsboro including the W.A. Foster Recreation Center, the location where Mr. Washington voted, and a one-stop early voting site. o Emmanuel Baptist Church Finance Reports and Proposed Budgets Bates Numbered NCSC 8782 through NCSC 8790 o Documents summarizing and showing whether individuals identified in Addendums A through C to Exhibit 1 from the Deposition of Susan Schaffer voted in the November 2014 General Election. Defendants reserve the right to present other documents and/or exhibits depending upon the evidence offered by Plaintiffs at trial, including exhibits to impeach or rebut any witness s testimony or evidence. This 30 th day of June, 2015.

9 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 8 of 11 ROY COOPER ATTORNEY GENERAL OF NORTH CAROLINA /s/ Alexander McC. Peters Alexander McC. Peters Senior Deputy Attorney General N.C. State Bar No apeters@ncdoj.gov /s/ Katherine A. Murphy Katherine A. Murphy Special Deputy Attorney General N.C. State Bar No kmurphy@ncdodoj.gov N.C. Department of Justice P.O. Box 629 Raleigh, NC Telephone: ( Facsimile: ( Counsel for Defendants North Carolina and State Board of Election Defendants. OGLETREE, DEAKINS, NASH SMOAK & STEWART, P.C. /s/ Thomas A. Farr Thomas A. Farr N.C. State Bar No Phillip J. Strach N.C. State Bar No thomas.farr@ogletreedeakins.com phil.strach@ogletreedeakins.com 4208 Six Forks Road, Suite 1100 Raleigh, North Carolina Telephone: ( Facsimile: ( Co-counsel for Defendants North Carolina and State Board of Election Defendants.

10 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 9 of 11 BOWERS LAW OFFICE LLC By: /s/ Karl S. Bowers, Jr. Karl S. Bowers, Jr.* Federal Bar #7716 P.O. Box Columbia, SC Telephone: ( butch@butchbowers.com *appearing pursuant to Local Rule 83.1(d Counsel for Governor Patrick L. McCrory By: /s/ Robert C. Stephens Robert C. Stephens (State Bar #4150 General Counsel Office of the Governor of North Carolina Mail Service Center Raleigh, North Carolina Telephone: ( Facsimile: ( bob.stephens@nc.gov Counsel for Governor Patrick L. McCrory

11 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 10 of 11 CERTIFICATE OF SERVICE I, Thomas A. Farr, hereby certify that I have this day electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will provide electronic notification of the same to the following: Counsel for United States of America: T. Christian Herren, Jr. John A. Russ IV Catherine Meza David G. Cooper Spencer R. Fisher Elizabeth M. Ryan Jenigh Garrett Attorneys, Voting Section Civil Rights Division U.S. Department of Justice Room 7254-NWB 950 Pennsylvania Avenue, N.W. Washington, DC Gill P. Beck Special Assistant United States Attorney Office of the United States Attorney United States Courthouse 100 Otis Street Asheville, NC Counsel for NCAAP Plaintiffs: Penda D. Hair Edward A. Hailes, Jr. Denise D. Liberman Donita Judge Caitlin Swain ADVANCEMENT PROJECT Suite L Street, N.W. Washington, DC phair@advancementproject.com Irving Joyner P.O. Box 374 Cary, NC ijoyner@nccu.edu Adam Stein TIN FULTON WALKER & OWEN 312 West Franklin Street Chapel Hill, NC astein@tinfulton.com Thomas D. Yannucci Daniel T. Donovan Susan M. Davies K. Winn Allen Uzoma Nkwonta Kim Knudson Anne Dechter Bridget O Connor Jodi Wu Kim Rancour KIRKLAND & ELLIS LLP 655 Fifteenth St., N.W. Washington, DC tyannucci@kirkland.com

12 Case 1:13-cv TDS-JEP Document 301 Filed 06/30/15 Page 11 of 11 Counsel for League of Women Voter Plaintiffs: Anita S. Earls Allison J. Riggs Clare R. Barnett Southern Coalition for Social Justice 1415 Hwy. 54, Suite 101 Durham, NC Dale Ho Julie A. Ebenstein ACLU Voting Rights Project 125 Broad Street New York, NY Counsel for the Intervening Plaintiffs: John M. Davaney Marc E. Elias Kevin J. Hamilton Elisabeth Frost PERKINS COIE, LLP 700 Thirteenth Street, N.W., Suite 600 Washington, D.C Laughlin McDonald ACLU Voting Rights Project 2700 International Tower 229 Peachtree Street, NE Atlanta, GA Christopher Brook ACLU of North Carolina Legal Foundation PO Box Raleigh, NC Edwin M. Speas, Jr. John W. O Hale johale@poynerspruill.com Caroline P. Mackie cmackie@poynerspruill.com POYNER SPRUILL, LLP 301 Fayetteville St., Suite 1900 Raleigh, NC This the 30th day of June, OGLETREE, DEAKINS, NASH SMOAK & STEWART, P.C. /s/ Thomas A. Farr Thomas A. Farr

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24 LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA et al v. STATE OF NORTH CAROLINA et al, Docket No. 1:13-cv General Information Court Federal Nature of Suit Docket Number United States District Court for the Middle District of North Carolina; United States District Court for the Middle District of North Carolina Civil Rights - Voting[441] 1:13-cv The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 24