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Doc 8_Motion for Default Judgment and Default Judgment

Doc 8_Motion for Default Judgment and Default Judgment

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Published by: electionlawcentercom on Dec 14, 2011
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12/14/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
NUECES COUNTY, TEXAS,Plaintiff,vs.UNITED STATES OF AMERICA, andERIC H. HOLDER, JR. in his officialcapacity as Attorney General of theUnited States,Defendants.))))))))))))Case: 1:11-cv-01784-BAH-MG-PLFMOTION FOR DEFAULT JUDGEMENT
Nueces County, Texas, moves this Court for entry of a default judgment in accordancewith Fed. R. Civ. P. 55(b)(2) and (d) as to Defendants, the United States of America and EricH. Holder, Jr., in his official capacity as Attorney General of the United States, upon thecomplaint filed and served upon the Defendants, and in support thereof shows the Court thefollowing.1. On October 4, 2011, Nueces County, Texas filed in the United States District Courtfor the District of Columbia, a Complaint for Declaratory Judgment Pursuant to Section 5of the Voting Rights Act of 1965 alleging that the commissioner and justice of the peaceredistricting plans adopted by Nueces County, Texas neither have the purpose nor willhave the effect of denying or abridging the right to vote on account of race, color ormembership in a language minority and Nueces County is entitled to implement the plans.A copy of the Complaint (without exhibits) is attached hereto as Exhibit 1 and isincorporated herein by reference.
Case 1:11-cv-01784-BAH-MG-PLF Document 8 Filed 12/14/11 Page 1 of 4
 
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.
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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.
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This deadline is subject to change in light of ongoing hearings in
Percy, et al v. The State of Texas, et al
, 5:11-CV-00360.
Case 1:11-cv-01784-BAH-MG-PLF Document 8 Filed 12/14/11 Page 2 of 4
 
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PRAYER
WHEREFORE, Plaintiff prays that this Court enter a judgment of default againstDefendants, and that Plaintiff’s commissioner and justice of the peace redistricting plans maybe implemented.Respectfully submitted,B
EIRNE
M
AYNARD
&P
ARSONS
L.L.P. /s/ Martin D. BeirneMartine D. Beirne1300 Post Oak Blvd., Suite 2500Houston, Texas 77056(713) 623-0887James E. “Trey” Trainor, IIIJoseph M. NixonDalton L. Oldham401 W. 15
th
Street, Suite 845Austin, Texas 78701(512) 623-6700(512) 623-6701 facsimile
Attorneys for Plaintiff Nueces County, Texas
Case 1:11-cv-01784-BAH-MG-PLF Document 8 Filed 12/14/11 Page 3 of 4

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