Stenger et al v. Kellett et al

Filing 37

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that St. Louis County Council Member Greg Quinn's Motion to Intervene [Doc. #27] is GRANTED. IT IS FURTHER ORDERED that the following restrictions shall apply: (1) the Court will not grant any continuanc es or changes to the Court's Case Management Order; (2) Mr. Quinn must intervene as a voter; (3) Mr. Quinn may not introduce additional evidence; (4) Mr. Quinn may not request any relief from this Court except that a lawful map be drawn by the C ourt or that he receive attorney's fees should he prevail; and (5) Mr. Quinn may not expand the legal or factual issues beyond those in the case, subject to this Court's ruling on matters regarding the admission of political evidence during the trial. Signed by Magistrate Judge Terry I. Adelman on 2/7/12. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEVEN V. STENGER, et al.,
Plaintiffs,
v.
RICHARD H. KELLET, et al.,
Defendants.

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No. 4:11CV2230 TIA

MEMORANDUM AND ORDER
This matter is before the Court on St. Louis County Council Member Greg Quinn’s Motion
to Intervene [Doc. #27]. The parties consented to the jurisdiction of the undersigned pursuant to
28 U.S.C. § 636(c).
This case stems from the St. Louis County Council Reapportionment Commission’s
(“Reapportionment Commission”) failure to adopt or file a plan to reapportion the boundaries of the
St. Louis County Council districts (the “Districts”) prior to the expiration of the Reapportionment
Commission’s term on December 20, 2011 and in accordance with § 2.035 of the St. Louis County
Charter. Plaintiffs, Democrat elected representatives from three St. Louis County Council Districts
and registered voters from all seven Council Districts, filed a Complaint for declaratory judgment
against the St. Louis County Board of Election Commissioners (“Board”) on December 22, 2011.
According to the Complaint, the 2010 census revealed significant population changes in the Districts,
which caused the population of the Districts to be unequal. As a result, the vote of some residents
of St. Louis County carry less weight than the vote of other residents in violation of the rule of “one
person, one vote.”

On February 6, 2012, Greg Quinn, a St. Louis County Council Member of and a registered
voter in Council District 7, filed a the present Motion to Intervene under Fed. R. Civ. P. 24(a).
Plaintiffs filed their Response on February 7, 2012. In that Response and during a pretrial hearing
on that same date, the parties represented to the Court their consent to Mr. Quinn’s intervention in
this case, subject to certain restrictions.
Accordingly,
IT IS HEREBY ORDERED that St. Louis County Council Member Greg Quinn’s Motion
to Intervene [Doc. #27] is GRANTED.
IT IS FURTHER ORDERED that the following restrictions shall apply: (1) the Court will
not grant any continuances or changes to the Court’s Case Management Order; (2) Mr. Quinn must
intervene as a voter; (3) Mr. Quinn may not introduce additional evidence; (4) Mr. Quinn may not
request any relief from this Court except that a lawful map be drawn by the Court or that he receive
attorney’s fees should he prevail; and (5) Mr. Quinn may not expand the legal or factual issues beyond
those in the case, subject to this Court’s ruling on matters regarding the admission of political
evidence during the trial.
/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this

7th

day of February, 2012.

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