DESENA et al v. STATE OF MAINE et al

Filing 39

PROCEDURAL ORDER FOLLOWING CONFERENCE By JUDGE GEORGE Z. SINGAL. (mjlt)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
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) Docket No.
) 1:11-cv-117-GZS-DBH-BMS
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WILLIAM DESENA &
SANDRA DUNHAM,
Plaintiffs,
v.
PAUL LEPAGE, in his official capacity as
Governor of the State of Maine, et al.
Defendants.

PROCEDURAL ORDER FOLLOWING CONFERENCE
A conference of counsel was held on July 6, 2011 before this Judge. Based on the
Defendants’ First Status Report (Docket # 37) and the representations of counsel at the
conference, it appears that the Maine Legislature has established a Commission to
Reapportion Maine’s Congressional Districts and that most, if not all, members of the
Commission have been named. All sides indicated that they expect the Commission will
submit its report to the Maine Legislature by August 31, 2011 and that the Maine
Legislature will, in turn, act on the Commission’s recommendations during a special
session in September 2011.
Following the Conference, the Court hereby ORDERS:
1. Defendants’ future status reports shall include a description of the documents and
electronically stored information that have been produced by the Commission in
the intervening time period. To the extent these materials may be readily attached
to the status report, Defendants shall file the materials along with the status report.
Alternatively, Defendants’ status report shall propose an alternative method for
preserving and producing this information for review by the parties and the Court.
2. Defendants’ next status report shall include a detailed description of the software
programs being used by the Commission. Defendants shall indicate whether the
Court would need the same or other compatible software should it need to
proceed with redistricting and provide information regarding how the Court might
secure any necessary software.
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3. While it appears that Defendants are currently acting expeditiously to complete
reapportionment in accordance with the orders of this Court, all parties are
reminded that the Court may issue additional orders on or before November 15,
2011 in order to put into place a schedule that allows this Court to complete
redistricting by the end of this year. Such a schedule may require any party to
produce a proposed redistricting plan to this Court on a very expedited schedule.
The parties were advised to prepare accordingly. The Court notes that Defendants
indicated on the record that the Maine Attorney General likely would not present
its own plan to this Court.

Rather, the State Defendants anticipate simply

defending any redistricting plan that had been approved via the State’s process.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 7th day of July, 2011.

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