Case 1:11-cv-01784-BAH-MG-PLF Document 8

Filed 12/14/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

NUECES COUNTY, TEXAS, Plaintiff, vs. UNITED STATES OF AMERICA, and ERIC H. HOLDER, JR. in his official capacity as Attorney General of the United States, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case: 1:11-cv-01784-BAH-MG-PLF

MOTION FOR DEFAULT JUDGEMENT Nueces County, Texas, moves this Court for entry of a default judgment in accordance with Fed. R. Civ. P. 55(b)(2) and (d) as to Defendants, the United States of America and Eric H. Holder, Jr., in his official capacity as Attorney General of the United States, upon the complaint filed and served upon the Defendants, and in support thereof shows the Court the following. 1. On October 4, 2011, Nueces County, Texas filed in the United States District Court for the District of Columbia, a Complaint for Declaratory Judgment Pursuant to Section 5 of the Voting Rights Act of 1965 alleging that the commissioner and justice of the peace redistricting plans adopted by Nueces County, Texas neither have the purpose nor will have the effect of denying or abridging the right to vote on account of race, color or membership 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 is incorporated herein by reference.

Case 1:11-cv-01784-BAH-MG-PLF Document 8

Filed 12/14/11 Page 2 of 4

2. On October 14, 2011, a copy of the Complaint and a Summons in a Civil Action were served by Andre W. Keith, a private process server, upon Steffon Edmonds, who is designated by law to accept service of process on behalf of Defendants, at Defendants primary place of business located at 905 Pennsylvania Avenue, NW, Washington, DC 20530. A copy of the Summons and Proof of Service is attached hereto as Exhibit 2 and is incorporated herein by reference. 3. The answer date was December 14, 2011. The Defendants have failed to timely file an Answer. The Defendants did appear in Response to order to Show Cause agreeing to a three-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 that the filing deadline for filing for these offices is December 15, 2011.1 5. Nueces County has shown by way of its exhibits attached to the Complaint for Declaratory Relief that it had neither a discriminatory purpose nor effect in the preparation of Commission or Justice of the Peace redistricting plans and that it is entitled to implement those plans. 6. Pursuant to the provisions of Rule 55(b)(2) and (d), Federal Rules of Civil Procedure, this Court is empowered to enter a default judgment against the Defendants for relief sought by Plaintiff in its complaint, and written notice of this action has been given to Defendants by 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, 5:11CV-00360.

Case 1:11-cv-01784-BAH-MG-PLF Document 8

Filed 12/14/11 Page 3 of 4

PRAYER WHEREFORE, Plaintiff prays that this Court enter a judgment of default against Defendants, and that Plaintiffs commissioner and justice of the peace redistricting plans may be implemented. Respectfully submitted, BEIRNE MAYNARD & PARSONS L.L.P.

/s/ Martin D. Beirne Martine D. Beirne 1300 Post Oak Blvd., Suite 2500 Houston, Texas 77056 (713) 623-0887 James E. Trey Trainor, III Joseph M. Nixon Dalton L. Oldham 401 W. 15th Street, Suite 845 Austin, 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 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on December 14, 2011, I electronically filed the forgoing document with the Clerk of the United States District Court, District of Columbia, using the electronic case filing system of the Court. The electronic case filing system sent a Notice of Electronic Filing to the following attorney of record who has consented in writing to accept this Notice as service of this document by electronic means: Jared Michael Slade U.S. DEPARTMET OF JUSTICE Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530

/s/ Martin D. Beirne Martin D. Beirne

4
1474103v.2 004974/105564

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 1 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 2 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 3 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 4 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 5 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-1

Filed 12/14/11 Page 6 of 6

Case 1:11-cv-01784-BAH-MG-PLF Document 8-2

Filed 12/14/11 Page 1 of 3

Case 1:11-cv-01784-BAH-MG-PLF Document 8-2

Filed 12/14/11 Page 2 of 3

Case 1:11-cv-01784-BAH-MG-PLF Document 8-2

Filed 12/14/11 Page 3 of 3

Case 1:11-cv-01784-BAH-MG-PLF Document 8-3

Filed 12/14/11 Page 1 of 4

Case 1:11-cv-01784-BAH-MG-PLF Document 8-3

Filed 12/14/11 Page 2 of 4

Case 1:11-cv-01784-BAH-MG-PLF Document 8-3

Filed 12/14/11 Page 3 of 4

Case 1:11-cv-01784-BAH-MG-PLF Document 8-3

Filed 12/14/11 Page 4 of 4

Case 1:11-cv-01784-BAH-MG-PLF Document 8-4

Filed 12/14/11 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

NUECES COUNTY, TEXAS, Plaintiff, vs. UNITED STATES OF AMERICA, and ERIC H. HOLDER, JR. in his official capacity as Attorney General of the United States, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case: 1:11-cv-01784-BAH-MG-PLF

DEFAULT JUDGMENT The Court, after considering the Motion for Default Judgment of Plaintiff, Nueces County, Texas, and the pleading on file, the Court finds: The service of process was affected upon the United States of America, and Eric H. Holder, Jr., in his official capacity as Attorney General of the United States on October 14, 2011, requiring the United States of America and Eric H. Holder, Jr. to answer the suit of Nueces County on or before December 13, 2011. The Defendants failed to answer the Declaratory Judgment action of Nueces County. It is of the opinion that the Plaintiffs Motion should be GRANTED. It is, therefore, Ordered, adjudicated and decreed that Plaintiff, Nueces County, Texas, recently enacted redistricting plans for the Nueces County Commissioners Court (The Commissioners Plan), and a Nueces County Justice of the Peace / Constables (The JP Plan) fully comply with Section 5 of the Voting Rights Act, 42 USC Section 1973C (Section 5), and that the countys redistricting plans have neither the purpose nor will they have the

Case 1:11-cv-01784-BAH-MG-PLF Document 8-4

Filed 12/14/11 Page 2 of 2

effect of denying or bridging the right to vote on account of race, color, or membership in a language minority and that The Commissioners Plan and The JP Plan may be implemented immediately. Signed this _____ day of December, 2011. ______________________________________ CIRCUIT JUDGE MERRICK GARLAND

______________________________________ DISTRICT JUDGE BERYL A. HOWELL

______________________________________ DISTRICT JUDGE PAUL L. FRIEDMAN

1474186v.1 004974/105564