Last Updated: September 10, 2010 at 1:39 PM

Powell v. Alabama

Case Information

Date Filed / Ended: July 29, 2008 / September 5, 2008
State: Alabama
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District for the Northern District of Alabama (Case 2:08-cv-01345)

Issue:

Whether a 2007 change in Alabama election law (changing the rules of succession for the Jefferson County Commission)  violates the preclearance provision Voting Rights Act of 1965.

Status:

Complaint filed 7/29/08.  Motion for Rule 16 Hearing filed 7/31/08.  Answer, Motion to Dismiss for lack of Jurisdiction, and Motion for Judgment on the Pleadings filed on 8/18/08.  Voluntary Motion to Dismiss filed on 9/5/08 and granted on 9/5/08.  Case dismissed without prejudice on 9/5/08.

District Court Documents

• Complaint (filed 7/29/08)
• ORDER (entered 7/31/08) The undersigned hereby recuses himself in this case and directs the clerk to cause case to be reassigned; Case reassigned to Judge Judge L Scott Coogler for all further proceedings.
• MOTION for Rule 16 Conference (filed 7/31/08)
• ORDER SETTING STATUS HEARING (entered 8/1/08)
• Minute Entry for proceedings held before Judge L Scott Coogler: Status Conference held on 8/6/2008. (Entered: 08/06/2008)
• ORDER--Designation of Three-Judge Court; Judge Susan H. Black and Judge Inge P. Johnson to serve with L. Scott Coogler as members of the panel (entered 8/15/08)
• ORDER that any defendant wishing to file a motion to dismiss in this matter must do so by 1:00 p.m., August 19, 2008. (entered 8/18/08)
• ANSWER to Complaint (filed 8/18/08)
• MOTION to Dismiss for Lack of Jurisdiction, MOTION for Judgment on the Pleadings (filed 8/18/08)
• ANSWER to Complaint and Affirmative Defense (filed 8/19/08)
• ORDER establishing briefing schedule (entered 8/19/08)
• MOTION to Intervene of Right or, Alternatively, by Permission (filed 8/19/08)
• ANSWER to Complaint (filed 8/19/08)
• MOTION to Dismiss in Part (filed 8/19/08)
• UNIFORM INITIAL ORDER (entered 8/20/08)
• ORDER after consultation with the other judges on this panel, it is hereby ORDERED that the United States Attorney General, or his delegate, is invited to participate in this litigation (entered 8/20/08)
• ANSWER to Complaint by Jefferson County Election Commission (filed 8/21/08)
• RESPONSE to Order filed by Alabama (filed 8/22/08)
• RESPONSE to Order filed by Plaintiff (filed 8/22/08)
• RESPONSE to the 8/19/08 Order of the Court (filed 8/22/08)
• Brief regarding Order & Motion to Dismiss (filed 8/22/08)
• RESPONSE by Plaintiff (filed 8/26/08)
• RESPONSE by Defendant (filed 8/26/08)
• Order (entered 8/27/08)
• MOTION to Substitute Party (filed 9/2/08)
  • Proposed Complaint
• Minute Entry for proceedings held before Judge L Scott Coogler: Scheduling/ Status Hearing held on 9/3/2008 (filed 9/3/08)
• Transcript of Proceedings held on 9/3/2008 (filed 9/3/08)
• ORDER DENYING Motion to Substitute Party (entered 9/4/08)
• MOTION to Dismiss (filed 9/5/08)
• RESPONSE to MOTION to Dismiss (filed 9/5/08)
• ORDER granting plaintiff's motion to dismiss (entered 9/5/08)