Perez et al v. Perry et al

Filing 999

ORDER DENYING 991 Motion for Reconsideration. Signed by Judge Orlando L. Garcia. (aej)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

SHANNON PEREZ, ET AL,
Plaintiffs,
v.
RICK PERRY, ET AL.
Defendant.

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Civ. No. SA-11-CV-360-OLG-JES-XR

ORDER

Defendants the State of Texas and Secretary of State Nandita Berry
have filed a “Motion for Reconsideration by the Three-Judge Court” of the
three-judge order of May 6, 2014, granting in part the “United States’ Motion
To Compel the Production of Legislative Documents.”

The motion for

reconsideration raises legitimate and complex issues that do not need to be
addressed in order for this Court to resolve the current discovery dispute.
The Court, however, concludes, after due consideration, that the motion
should be and is hereby denied.
The order complained of employs the “practical ability” test, though the
viability of that concept is subject to future refinement by the Fifth Circuit
and other courts.

The application of that test in this Voting Rights Act

litigation should not be, and is not, determinative of precisely what entities
and persons are parties or of what precisely constitutes the “State of Texas”
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in this case or others.

The order is but a practical recognition of what

discovery may be conducted, in this matter, under Rule 34 instead of Rule 45,
before the rapidly advancing discovery deadline.

Nothing in the order

authorizes the United States to obtain, via Rule 34, documents from the
Texas Legislative Council not admitted to be in the possession, custody or
control of the Office of the Attorney General or from legislators not
represented by the Office of the Attorney General.
Except to the extent that the order is clarified herein, the motion for
reconsideration is DENIED.
SIGNED this 20th day of May, 2014 on behalf of the Three-Judge
Panel.

/s/
ORLANDO L. GARCIA
UNITED STATES DISTRICT JUDGE

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