22. On October 14, 2011, a copy of the Complaint and a Summons in a Civil Action wereserved by Andre W. Keith, a private process server, upon Steffon Edmonds, who isdesignated by law to accept service of process on behalf of Defendants, at Defendantsprimary place of business located at 905 Pennsylvania Avenue, NW, Washington, DC20530. A copy of the Summons and Proof of Service is attached hereto as Exhibit 2 and isincorporated herein by reference.3. The answer date was December 14, 2011. The Defendants have failed to timely file anAnswer. The Defendants did appear in Response to order to Show Cause agreeing to athree-judge court. A true and correct copy of that pleading is attached as Exhibit 3.4. As Defendants have failed to plead or otherwise defend this action, and Nueces County,Texas is entitled to judgment by default against Defendants. Time is of the essence in thatthe filing deadline for filing for these offices is December 15, 2011.
5. Nueces County has shown by way of its exhibits attached to the Complaint forDeclaratory Relief that it had neither a discriminatory purpose nor effect in the preparationof Commission or Justice of the Peace redistricting plans and that it is entitled toimplement those plans.6. Pursuant to the provisions of Rule 55(b)(2) and (d), Federal Rules of Civil Procedure, thisCourt is empowered to enter a default judgment against the Defendants for relief soughtby Plaintiff in its complaint, and written notice of this action has been given to Defendantsby the electronic case filing system upon the attorney of record.
This deadline is subject to change in light of ongoing hearings in
Percy, et al v. The State of Texas, et al
Case 1:11-cv-01784-BAH-MG-PLF Document 8 Filed 12/14/11 Page 2 of 4