USA v. State of California, et al

Filing 11

STIPULATION and ORDER signed by Judge William B. Shubb on 7/30/2012 10 : Defendant State of California is not a party to the Consent Decree and has not answered the complaint. All parties to this action hereby agree that no responsive pleading shal l be required from Defendant State of California unless Plaintiff United States makes a written request for such a responsive pleading. If a responsive pleading is requested, it shall be due no later than 30 days after service, by mail or by electronic mail, on counsel for Defendant State of California. (Kirksey Smith, K)

1
2
3
4
5
6
7
8

KAMALA D. HARRIS
Attorney General of California
DOUGLAS J. WOODS
Senior Assistant Attorney General
GEORGE WATERS, State Bar No. 88295
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants, State of California
and Debra Bowen, California Secretary of State

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12
13

UNITED STATES OF AMERICA,

14

Case No.: 2:12-CV-01427-WBS-GGH
Plaintiff, STIPULATION AND [PROPOSED]
ORDER

15

v.

16

THE STATE OF CALIFORNIA; and DEBRA
BOWEN, SECRETARY OF STATE OF
CALIFORNIA, in her official capacity,

[Local Rule 143]
17
18

Defendants.

19
20
21

Pursuant to Eastern District Local Rule 143, the parties to this action, through their
respective counsel of record, do hereby stipulate and agree as follows:

22

This action was initiated by Plaintiff United States of America against Defendants the State

23

of California, and Debra Bowen, California Secretary of State. The Complaint alleges violations

24

of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 42 U.S.C. §§ 1973ff

25

to 1973ff-7, arising from the failure in 11 California counties to transmit absentee ballots to all

26

absent uniformed services voters and overseas voters by the 45th day before the June 5, 2012

27

Federal primary election and the failure to establish or implement adequate procedures to transmit

28

1
STIPULATION AND [PROPOSED] ORDER (2:12-CV-01427-WBS-GGH)

1

absentee ballots by mail or electronically in accordance with the voter’s preferred method of

2

transmission.

3

A Consent Decree was entered on May 30, 2012, between Plaintiff and Defendant

4

Secretary of State. (Dkt. # 7.) The Consent Decree fully remedies the allegations raised in the

5

Complaint regarding the June 5, 2012 Federal primary election. The Court retains jurisdiction to

6

enter further relief as may be necessary to effectuate the Consent Decree’s terms and ensure

7

compliance with UOCAVA through December 31, 2014, and any party, for good cause shown,

8

may move to extend the Consent Decree or to reopen the case. (Dkt. #7, 11:20-23.)

9

Defendant State of California is not a party to the Consent Decree and has not answered the

10

complaint. All parties to this action hereby agree that no responsive pleading shall be required

11

from Defendant State of California unless Plaintiff United States makes a written request for such

12

a responsive pleading. If a responsive pleading is requested, it shall be due no later than 30 days

13

after service, by mail or by electronic mail, on counsel for Defendant State of California.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
STIPULATION AND [PROPOSED] ORDER (2:12-CV-01427-WBS-GGH)

1

The undersigned agree to entry of this Stipulated Order.

2

Dated: July 26, 2012

3

For Defendants State of California and
Debra Bowen, California Secretary of State:

4
5
6

KAMALA D. HARRIS
Attorney General of California
DOUGLAS J. WOODS
Senior Assistant Attorney General

7
8
9
10
11
12

/s/ George Waters
_______________________________
GEORGE WATERS (CA Bar #88295)
Deputy Attorney General
1300 I Street, Suite 125
Post Office Box 94244-2550
Sacramento, CA 94244
Telephone: [phone]
Facsimile: [phone]

13

For Plaintiff, United States of America:

14

THOMAS E. PEREZ
Assistant Attorney General
Civil Rights Division

15
16
17
18
19
20
21
22
23
24

/s/ Jaye Allison Sitton
(As Authorized on July 26, 2012)
_______________________________
T. CHRISTIAN HERREN, JR.
ABEL GOMEZ
JAYE ALLISON SITTON (D.C. Bar # 453655)
OLIMPIA E. MICHEL (N.Y. Bar # 4358321)
Attorneys, Voting Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
NWB 7254
Washington, D.C. 20530
Telephone: [phone]
Facsimile: [phone]

25
26
27
28

3
STIPULATION AND [PROPOSED] ORDER (2:12-CV-01427-WBS-GGH)

1

IT IS SO ORDERED.

2
3

Dated: July 30, 2012

4
5
6
7
8
9

SA2012106430
10929244.doc

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
STIPULATION AND [PROPOSED] ORDER (2:12-CV-01427-WBS-GGH)