Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC, a nonprofit Latino civil rights organization; HERLINDA S. GARCIA, 6611 Sylvan Road, Houston, Texas, 77023; JUAN GARCIA, 6611 Sylvan Road, Houston, Texas, 77023; AGUSTIN PINEDA, 7838 Battlecreek Dr., Houston, Texas, 77040; BERTA URTEAGA, 2938 Ashford Dr., Houston, Texas, 77082; JOHNNY N. MATA, 2121 Fountain View Dr., Houston, Texas, 77057; TERRA WIGGERFALL, 8154 Richland Dr., Houston, Texas, 77028; and WADE B. HUGHES, 5702 Beldart St., Houston, Texas, 77033, Plaintiffs, v. HARRIS COUNTY, Texas, a County in the State of Texas; DON SUMNERS, in his official capacity as Harris County Tax Assessor-Collector and Harris County Voter Registrar, CIVIL ACTION NO. 4:12-CV-03035 Defendants. PLAINTIFFS RULE 26 INITIAL DISCLOSURES Plaintiffs LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC, HERLINDA S. GARCIA, JUAN GARCIA, AGUSTIN PINEDA, BERTA URTEAGA, JOHNNY N. MATA, TERRA WIGGERFAL, and WADE B. HUGHES (collectively, - 1 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 2 of 8 Plaintiffs make these initial disclosures as required by Federal Rule of Civil Procedure 26(a(1, local rule and Order of the Court: A. Individuals with Discoverable Information 1. The name, address, and telephone number of individuals likely to have discoverable information that Plaintiffs may use to support their claims or defenses, unless solely for impeachment, identifying the subjects of the information: 1. Don Sumners Former Tax Assessor/Collector, Harris County, Texas c/o 1001 Preston Street Houston, Texas 77002. Former Defendant (in his official capacity. Knowledge regarding voter registration administration practice and procedures in Harris County, Texas. 2. Mike Sullivan Tax Assessor/Collector and Voter Registrar, Harris County, Texas 1001 Preston Street Houston, Texas 77002. Defendant (in his official capacity. Knowledge regarding current and past voter registration administration practice and procedures in Harris County, Texas. 3. Herlinda S. Garcia (210 225-3300 (office Plaintiff. Knowledge regarding Ms. Garcia s voter registration status and related communications with local Harris County officials. 4. Juan Garcia - 2 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 3 of 8 (210 225-3300 (office Plaintiff. Knowledge regarding Mr. Garcia s voter registration and related communications. 5. Agustin Pineda (210 225-3300 (office Plaintiff. Knowledge regarding Mr. Pineda s voter registration status and related communications with local Harris County officials. 6. Berta Urteaga (210 225-3300 (office Plaintiff. Knowledge regarding Ms. Urteaga s voter registration status and related communications with local Harris County officials. 7. Johnny Mata (210 225-3300 (office Plaintiff. Knowledge regarding Mr. Mata s voter registration and related communications. 8. Terra Wiggerfall c/o Chad W. Dunn - 3 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 4 of 8 Brazil & Dunn 4201 FM 1960 West, Ste. 530 Houston, Texas 77068 (281 580-6310 Plaintiff. Knowledge regarding Ms. Wiggerfall s attempt to register to vote and related communications with local Harris County officials. 9. Wade B. Hughes c/o Chad W. Dunn Brazil & Dunn 4201 FM 1960 West, Ste. 530 Houston, Texas 77068 (281 580-6310 Plaintiff. Knowledge regarding Mr. Hughes attempt to register to vote and related communications. 10. Evelyn Hughes c/o Chad W. Dunn Brazil & Dunn 4201 FM 1960 West, Ste. 530 Houston, Texas 77068 (281 580-6310 Wife of Plaintiff Wade B. Hughes. Knowledge regarding Mr. Hughes attempt to register to vote and related communications with local Harris County officials. 11. Donna Lightfoot Public Information Coordinator Harris County Tax Office 1001 Preston Street Houston, Texas 77002 Public Information Coordinator in Harris County Tax Assessor s office: handling of open records requests from plaintiffs, plaintiffs counsel, and others regarding voter registration. 12. Linda Cohn President, League of Women Voters of Houston 4001 N. Shepherd Dr. #213 Houston, Texas 77018 (713 784-2923 Knowledge of practices and procedures for registering voters at naturalization ceremonies in Harris County. - 4 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 5 of 8 13. Maureen S Haver 339 Surratt Dr Houston, TX 77091-4328 Knowledge of practices and procedures for registering voters in Harris County. B. Relevant Documents and Tangible Things 2. The following is a list of documents, data compilations, and tangible things in Plaintiffs possession, custody, or control, described by category and location, that Plaintiffs may use to support their claims or defenses, unless solely for impeachment: (a Resolution Agreement in Texas Democratic Party et al. v. Leo Vasquez, Civil Action H-08-3332, for Harris County, Texas (Oct. 2009. (b Copies of individual Plaintiffs completed voter registration applications [originals in custody of Harris County]. (c Letters sent by Harris County election officials to voters or families of voters advising them that the voter is deceased when in fact the voter is not deceased. (e Records provided to Plaintiffs Counsel in response to Open Records Requests made in 2012. These include not only numerous voter registration applications, but also correspondence sent by Harris County Elections Department officials to voter registration applicants or to registered voters regarding their application or voter registration status. - 5 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 6 of 8 C. Information Related to Calculation of Damages 3. A computation of any category of damages claimed by Plaintiffs, making available for inspection and copying under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such compilation is based, including materials bearing on the nature and extent of injuries suffered: (a Plaintiffs do not seek monetary damages, but will seek to recover costs and attorneys fees incurred in maintaining this action consistent with the prayers for relief in their Complaint. Appropriate time records will be provided when appropriate. D. Insurance Agreements 4. All insurance agreements required to be disclosed under Rule 34 are described below: (a Not applicable. Dated this 15 th day of February, 2013. Respectfully submitted, s/ Chad W. Dunn CHAD W. DUNN TBN 24036507 Fed. I.D. No. 33467 K. SCOTT BRAZIL TBN 02934050 Fed. I.D. No. 2585 Brazil and Dunn - 6 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 7 of 8 4201 Cypress Creek Parkway, Suite 530 Houston, Texas 77068 Telephone (281 580-6310 Facsimile (281 580-6362 LUIS ROBERTO VERA, JR. Texas Bar No. 20546740 The Law Offices of Luis Vera Jr., and Associates (210 225-3300 (office (210 225-2060 (fax lrvlaw@sbcglobal.net J. GERALD HEBERT (pro hac vice pending MEGAN MCALLEN (admitted pro hac vice Campaign Legal Center 215 E Street, NE Washington, DC 20002 (202 736-2200 ghebert@campaignlegalcenter.org mmcallen@campaignlegalcenter.org CATHERINE M. FLANAGAN (admitted pro hac vice Project Vote 1350 I Street, N.W., Suite 1250 Washington, DC 20005 (202 546-4173 (202 629-3754 (fax cflanagan@projectvote.org ATTORNEYS FOR PLAINTIFFS - 7 -
Case 4:12-cv-03035 Document 20 Filed in TXSD on 02/15/13 Page 8 of 8 CERTIFICATE OF SERVICE I hereby certify that on the 15th day of February, 2013, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send a notification of such filing to all counsel of record. /s/ Chad W. Dunn Chad W. Dunn - 8 -