Case 2:11-cv-00926-JTM-JCW Document 383 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-00926-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 EVIDENCE CONCERNING HOW PLAINTIFFS BECAME INVOLVED IN THIS LITIGATION 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 any and all evidence relating to how Plaintiffs Luther Scott, Jr. and the Louisiana State Conference of the NAACP ( Louisiana NAACP ) became involved in this litigation. For the reasons set forth in detail in the accompanying Memorandum, the Plaintiffs respectfully request that the Court grant this Motion. 1
Case 2:11-cv-00926-JTM-JCW Document 383 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 10013 212-965-2200 Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA 70139 504-525-4361 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 10004 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 20005 202-546-4173 Attorneys for Plaintiffs 2
Case 2:11-cv-00926-JTM-JCW Document 383 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 3 8719512 8763350
Case 2:11-cv-00926-JTM-JCW Document 383-1 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-00926-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 EVIDENCE CONCERNING HOW PLAINTIFFS BECAME INVOLVED IN THIS LITIGATION Plaintiffs file this motion in limine to exclude from trial any and all evidence relating to how Plaintiffs Luther Scott, Jr. and the Louisiana State Conference of the NAACP ( Louisiana NAACP ) became involved in this litigation. The manner in which Plaintiffs became involved in this action is not relevant to any fact of consequence in determining [this] action, see Fed. R. Evid. 401, and is therefore inadmissible. Fed. R. Evid. 402. Furthermore, to the extent that such evidence is at all relevant, its minimal probative value is substantially outweighed by its likelihood of confusing issues and wasting time at trial. Fed. R. Evid. 403. Finally, much of the evidence that Defendants seek to introduce on this issue is protected by attorney-client privilege, and is therefore inadmissible regardless of relevance. Fed. R. Evid. 401; 501. 1
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 2 of 5 ARGUMENT Defendants have, at various points during this litigation, attempted to adduce evidence regarding how Plaintiffs, particularly Mr. Scott, became involved in this litigation. See, e.g., Scott Dep. Tr., (May 10, 2012), at 57:16-61:8. That information does not offer any probative value to the claims in this litigation, and does not offer any probative value regarding the existence or extent of NVRA violations committed by Defendants. Evidence regarding how Plaintiffs became involved in this litigation is also immaterial as to the issue of their standing. Indeed, the manner in which Plaintiffs became involved in this lawsuit has no relation to any fact... of consequence whatsoever in this lawsuit. Fed. R. Evid. 401. The only conceivable purpose for which this evidence could be used may be to suggest that Plaintiffs had an improper or dishonorable motive in bringing this lawsuit. Any such baseless accusations do not affect Plaintiffs right to relief. Accordingly, the introduction of such evidence would serve only to confuse the issues, waste time, and potentially prejudice Plaintiffs. Therefore, even if relevant, such evidence should nevertheless be excluded under Federal Rule of Evidence 403. 1 Further, even if some of the evidence regarding how Plaintiffs became involved in this suit were found relevant and non-prejudicial, most of the details regarding how Plaintiffs became 1 Defendants also appear to suggest that Plaintiffs counsel engaged in some sort of improper solicitation of clients. Such accusations are not only immaterial and therefore serve no purpose other than to attempt to prejudice Plaintiffs they are made without basis, and are incorrect as both a factual and legal matter. The law of solicitation is generally inapplicable to non-profit public interest groups. See NAACP v. Button, 371 U.S. 415, 422, 428-29 (1963) (recognizing the Legal Defense Fund as having a corporate reputation for expertness in presenting and arguing the difficult questions of law that frequently arise in civil rights litigation, and holding that the activities of the NAACP, its affiliates and legal staff... are modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit, under its power to regulate the legal profession, as improper solicitation of legal business.... ); Bernard v. Gulf Oil Co., 619 F.2d 459, 467 n.8 (5th Cir. 1980) (holding that [t]here is no question but that important speech and associational rights are involved in this effort by the NAACP Legal Defense and Education Fund, Inc. to communicate with potential [B]lack class members on whose behalf they seek to litigate issues of racial discrimination. (quoting Rogers v. U.S. Steel Corp., 508 F.2d 152, 163 (3d Cir. 1975))); Allison v. La. State Bar Ass n, 362 So. 2d 489, 491-92 (La. 1978) (citing Button, 371 U.S. 415). 2
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 3 of 5 involved in this lawsuit are based in protected communications between Plaintiffs and their counsel. Such communications for the purpose of the rendition of professional legal services, are squarely covered by the attorney-client privilege and are, therefore, inadmissible. See 3 Weinstein s Federal Evidence 503-10; Fed. R. Evid. 501. CONCLUSION For the aforementioned reasons, Plaintiffs respectfully request that this Court exclude from introduction at trial any and all evidence regarding how Plaintiffs became involved in this lawsuit. 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 10013 212-965-2200 Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA 70139 504-525-4361 Michael B. de Leeuw (michael.deleeuw@friedfrank.com)* Israel David (israel.david@friedfrank.com)* Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza 3
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 4 of 5 New York, NY 10004 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 20005 202-546-4173 Attorneys for Plaintiffs 4
Case 2:11-cv-00926-JTM-JCW Document 383-1 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 5 8719512 8751211
Case 2:11-cv-00926-JTM-JCW Document 383-2 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-00926-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 Evidence Concerning How Plaintiffs Became Involved in this Litigation for submission before the Honorable Judge Jane Triche Milazzo on the 15th day of October, 2012 at 8:15 a.m.
Case 2:11-cv-00926-JTM-JCW Document 383-2 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 10013 212-965-2200 Ronald Lawrence Wilson (cabral2@aol.com) Ronald L. Wilson, Attorney at Law 701 Poydras Street, Suite 4100 New Orleans, LA 70139 504-525-4361 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 10004 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 20005 202-546-4173 Attorneys for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383-2 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 10013 212-965-2200 *MOTION FOR ADMISSION PRO HAC VICE Counsel for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383-3 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-00926-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 how Plaintiffs Luther Scott, Jr. and the Louisiana State Conference of the NAACP ( Louisiana NAACP ) became involved in this litigation, IT IS HEREBY ORDERED that such evidence is inadmissible at trial. This day of October, 2012. HONORABLE JANE TRICHE MILAZZO