McCain-Palin 2008, Inc. v. Cunningham et al

Filing 65

NOTICE by UNITED STATES OF AMERICA regarding future relief (Perrin, Robin)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) v. ) ) JEAN CUNNINGHAM, et al., ) ) Defendants. ) ) __________________________________________)

Case No. 3:08CV709

UNITED STATES' THIRD NOTICE REGARDING FUTURE RELIEF The United States respectfully notifies the Court that: 1. On November 4, 2009, the United States noted its intent to confer with the

Defendants as to appropriate measures to be adopted to ensure UOCAVA compliance in future elections. 2. While the parties have conferred in good faith as to these measures, their

discussions have not yet concluded. Further, members of the Virginia General Assembly have proposed a number of bills that include provisions relating directly related to UOCAVA voting and potentially impacting the scope of future relief at issue before this Court. 3. Accordingly, the United States respectfully notifies the Court of its intention to

monitor the General Assembly's progress in passing legislation potentially impacting relief issues pending before the Court, and to recommence its discussions with the Defendants as to what additional future relief if any may be necessary after the General Assembly adjourns on March 13, 2010. The United States shall report to the Court by March 31, 2010 on what additional measures, if any, may be appropriate under the circumstances.

Respectfully submitted,

THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL NEIL H. MACBRIDE UNITED STATES ATTORNEY /s/ Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] T. CHRISTIAN HERREN REBECCA J. WERTZ RICHARD DELLHEIM (admitted pro hac vice) LEMA BASHIR United States Department of Justice Civil Rights Division, Voting Section 950 Pennsylvania Ave., NW Room NWB-7254 Washington, D.C. 20530 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail]

CERTIFICATE OF SERVICE I hereby certify that on the 3rd day of February 2010, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following counsel of record: Robert A. Dybing [e-mail] Attorney for the Defendant By: /s/ Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail]