Case 5:11-cv-00788-OLG-JES-XR Document 70 Filed 11/09/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION WENDY DAVIS; MARC VEASEY; ROY BROOKS; VICKY BARGAS; PAT PANGBURN; FRANCES DELEON; DOROTHY DEBOSE; and SARAH JOYNER, vs. Plaintiffs, RICK PERRY, in his official capacity as Governor of the State of Texas; HOPE ANDRADE, in her official capacity as Secretary of State of the State of Texas; BOYD RICHIE, in his official capacity as Chair of the Texas Democratic Party; and STEVE MUNISTERI, in his official capacity as Chair of the Republican Party of Texas, Defendants, No. 5:11-CV-00788 - OLG-JES-XR LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC), DOMINGO GARCIA CIVIL ACTION NO. Plaintiffs SA-11-CA-855-OLG-JES-XR [consolidated case] V. RICK PERRY, et al - 1 -
Case 5:11-cv-00788-OLG-JES-XR Document 70 Filed 11/09/11 Page 2 of 5 ADVISORY TO THE COURT TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES the Texas Democratic Party (hereinafter referred to as TDP ), and files this Advisory to the Court. The Texas Democratic Party believes it would be a waste of judicial and party resources to proceed with a Senate Map Section 2 trial on Monday, November 14, 2011. Now that it is apparent that preclearance will not be granted for the Senate Map in time for the 2012 elections, this Court is now faced with the unwelcome obligation to prepare a Senate Map for use this election cycle. The little time available before the election is underway should be devoted to that task. Also, the interim map adopted by the Court will likely by treated by D.C. Court as the new benchmark for Section 5 purposes. Given this, it is likely a decision on preclearance will now not come until after the 2012 elections. Between now and then, the Legislature will meet again. Action by the D.C. Court and/or the Legislature could preclude use of the adopted map. If that occurs, this Court would then have spent unnecessary time considering Section 2 evidence on a Senate Map that is never implemented. - 2 -
Case 5:11-cv-00788-OLG-JES-XR Document 70 Filed 11/09/11 Page 3 of 5 For those reasons, TDP requests the Court postpone the Section 2 trial until such time as the other events have occurred or become more certain. DATED this 9 th day of November, 2011. Respectfully Submitted, BRAZIL & DUNN /s/ Chad W. Dunn Chad W. Dunn Attorney In Charge State Bar No. 24036507 K. Scott Brazil State Bar No. 02934050 4201 FM 1960 West, Suite 530 Houston, Texas 77068 Telephone: (281) 580-6310 Facsimile: (281) 580-6362 chad@brazilanddunn.com scott@brazilanddunn.com - 3 -
Case 5:11-cv-00788-OLG-JES-XR Document 70 Filed 11/09/11 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on November 9 th 2011, I electronically filed the foregoing document with the Clerk of the United States District Court, Western District of Texas, San Antonio Division, using the electronic case filing system of the Court. The electronic case filing system sent a Notice of Electronic Filing to all attorneys of record, including the following, who have consented in writing to accept this Notice as service of this document by electronic means: David Richards Richards, Rodriguez and Skeith 816 Congress Avenue, Ste. 1200 Austin, TX 78701 (Attorney for Plaintiffs) J. Gerald Hebert 191 Somervelle Street, #405 Alexandria, VA 22304 (Attorney for Plaintiffs) Donna Garcia Davidson P.O. Box 12131 Austin, TX 78711 (Attorney for Defendant Steve Munisteri) Eric Opiela Assistant General Counsel Republican Party of Texas 1112 Colorado, Ste. 2301 Austin, TX 78701 (Attorney for Defendant Steve Munisteri) - 4 -
Case 5:11-cv-00788-OLG-JES-XR Document 70 Filed 11/09/11 Page 5 of 5 J. Reed Clay, Jr. David. Schenck Angela Colmenero Matthew H. Frederick Ana Marie Jordan Bruce D. Cohen P.O. Box 12548, Capital Station Austin, TX 78711-2548 (Attorneys for The State of Texas, Rick Perry and Hope Andrade) /s/ Chad W. Dunn Chad W. Dunn - 5 -