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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
LUTHER SCOTT, JR., and LOUISIANA
STATE CONFERENCE OF THE
NAACP,
Plaintiffs,
v.
TOM SCHEDLER in his official capacity
as the Louisiana Secretary of State, RUTH
JOHNSON, in her official capacity as
Secretary of the Louisiana Department of
Children & Family Services, and BRUCE
D. GREENSTEIN, in his official capacity
as Secretary of the Louisiana Department of
Health & Hospitals,
Defendants.
Civil Action No. 2:11-cv-00926-JTM-JCW
Section “H”
PLAINTIFFS’ MOTION IN LIMINE TO EXCLUDE EVIDENCE
CONCERNING HOW PLAINTIFFS BECAME INVOLVED IN THIS LITIGATION
NOW INTO COURT come Plaintiffs, LUTHER SCOTT, JR., and LOUISIANA STATE
CONFERENCE OF THE NAACP, and file the attached motion in limine seeking to exclude
from trial any and all any and all evidence relating to how Plaintiffs Luther Scott, Jr. and the
Louisiana State Conference of the NAACP (“Louisiana NAACP”) became involved in this
litigation. For the reasons set forth in detail in the accompanying Memorandum, the Plaintiffs
respectfully request that the Court grant this Motion.
Case 2:11-cv-00926-JTM-JCW Document 383 Filed 10/08/12 Page 1 of 3
2
Respectfully submitted,
/s/ Dale E.Ho____________________
Dale E. Ho ([email protected])*
Natasha M. Korgaonkar
Debo P. Adegbile
Elise C. Boddie
Ryan P. Haygood ([email protected])*
NAACP Legal Defense & Educational Fund, Inc.
(New York)
99 Hudson Street, Suite 1600
New York, NY 10013
212-965-2200
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Ronald Lawrence Wilson
Ronald L. Wilson, Attorney at Law
701 Poydras Street, Suite 4100
New Orleans, LA 70139
504-525-4361
Michael B. de Leeuw
Israel David ([email protected])*
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Sarah Brannon ([email protected])*
Niyati Shah ([email protected])*
Michelle Rupp ([email protected])*
Project Vote
1350 Eye Street NW , Suite 1250
Washington, DC 20005
202-546-4173
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Attorneys for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383 Filed 10/08/12 Page 2 of 3
3
CERTIFICATE OF SERVICE
I hereby certify that on the 8 of October, 2012, I electronically filed the foregoing
Memorandum in Support of Motion to Strike Declarations and Documents Filed by Defendants
Johnson and Greenstein and for Sanctions with the Clerk of the Court using the CM/ECF system,
which will send a notice of electronic filing to persons electronically noticed. I further certify
that I mailed the foregoing document and the notice of electronic filing by first class mail to any
non-CM/ECF participant.
/s/ Dale E. Ho____________
8719512 8763350
Case 2:11-cv-00926-JTM-JCW Document 383 Filed 10/08/12 Page 3 of 3
1
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
LUTHER SCOTT, JR., and LOUISIANA
STATE CONFERENCE OF THE
NAACP,
Plaintiffs,
v.
TOM SCHEDLER in his official capacity
as the Louisiana Secretary of State, RUTH
JOHNSON, in her official capacity as
Secretary of the Louisiana Department of
Children & Family Services, and BRUCE
D. GREENSTEIN, in his official capacity
as Secretary of the Louisiana Department of
Health & Hospitals,
Defendants.
Civil Action No. 2:11-cv-00926-JTM-JCW
Section “H”
PLAINTIFFS’ MEMORANDUM IN
SUPPORT OF MOTION IN LIMINE TO EXCLUDE EVIDENCE
CONCERNING HOW PLAINTIFFS BECAME INVOLVED IN THIS LITIGATION
Plaintiffs file this motion in limine to exclude from trial any and all evidence relating to
how Plaintiffs Luther Scott, Jr. and the Louisiana State Conference of the NAACP (“Louisiana
NAACP”) became involved in this litigation. The manner in which Plaintiffs became involved
in this action is not relevant to any fact “of consequence in determining [this] action,” see Fed. R.
Evid. 401, and is therefore inadmissible. Fed. R. Evid. 402. Furthermore, to the extent that such
evidence is at all relevant, its minimal probative value is substantially outweighed by its
likelihood of confusing issues and wasting time at trial. Fed. R. Evid. 403. Finally, much of the
evidence that Defendants seek to introduce on this issue is protected by attorney-client privilege,
and is therefore inadmissible regardless of relevance. Fed. R. Evid. 401; 501.
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 1 of 5
2
ARGUMENT
Defendants have, at various points during this litigation, attempted to adduce evidence
regarding how Plaintiffs, particularly Mr. Scott, became involved in this litigation. See, e.g.,
Scott Dep. Tr., (May 10, 2012), at 57:16-61:8. That information does not offer any probative
value to the claims in this litigation, and does not offer any probative value regarding the
existence or extent of NVRA violations committed by Defendants. Evidence regarding how
Plaintiffs became involved in this litigation is also immaterial as to the issue of their standing.
Indeed, the manner in which Plaintiffs became involved in this lawsuit has no relation to any
“fact . . . of consequence” whatsoever in this lawsuit. Fed. R. Evid. 401.
The only conceivable purpose for which this evidence could be used may be to suggest
that Plaintiffs had an improper or dishonorable motive in bringing this lawsuit. Any such
baseless accusations do not affect Plaintiffs’ right to relief. Accordingly, the introduction of such
evidence would serve only to confuse the issues, waste time, and potentially prejudice Plaintiffs.
Therefore, even if relevant, such evidence should nevertheless be excluded under Federal Rule of
Evidence 403.1
Further, even if some of the evidence regarding how Plaintiffs became involved in this
suit were found relevant and non-prejudicial, most of the details regarding how Plaintiffs became
1 Defendants also appear to suggest that Plaintiffs’ counsel engaged in some sort of improper solicitation of
clients. Such accusations are not only immaterial—and therefore serve no purpose other than to attempt to prejudice
Plaintiffs—they are made without basis, and are incorrect as both a factual and legal matter. The law of solicitation
is generally inapplicable to non-profit public interest groups. See NAACP v. Button, 371 U.S. 415, 422, 428-29
(1963) (recognizing the “Legal Defense Fund” as having “a corporate reputation for expertness in presenting and
arguing the difficult questions of law that frequently arise in civil rights litigation,” and holding that “the activities of
the NAACP, its affiliates and legal staff . . . are modes of expression and association protected by the First and
Fourteenth Amendments which Virginia may not prohibit, under its power to regulate the legal profession, as
improper solicitation of legal business . . . .”); Bernard v. Gulf Oil Co., 619 F.2d 459, 467 n.8 (5th Cir. 1980)
(holding that “[t]here is no question but that important speech and associational rights are involved in this effort by
the NAACP Legal Defense and Education Fund, Inc. to communicate with potential [B]lack class members on
whose behalf they seek to litigate issues of racial discrimination.” (quoting Rogers v. U.S. Steel Corp., 508 F.2d 152,
163 (3d Cir. 1975))); Allison v. La. State Bar Ass’n, 362 So. 2d 489, 491-92 (La. 1978) (citing Button, 371 U.S.
415).
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 2 of 5
3
involved in this lawsuit are based in protected communications between Plaintiffs and their
counsel. Such communications for the purpose of “the rendition of professional legal services,”
are squarely covered by the attorney-client privilege and are, therefore, inadmissible. See 3
Weinstein’s Federal Evidence § 503-10; Fed. R. Evid. 501.
CONCLUSION
For the aforementioned reasons, Plaintiffs respectfully request that this Court exclude
from introduction at trial any and all evidence regarding how Plaintiffs became involved in this
lawsuit.
Respectfully submitted,
/s/ Dale E.Ho____________________
Dale E. Ho ([email protected])*
Natasha M. Korgaonkar
Debo P. Adegbile
Elise C. Boddie
Ryan P. Haygood ([email protected])*
NAACP Legal Defense & Educational Fund, Inc.
(New York)
99 Hudson Street, Suite 1600
New York, NY 10013
212-965-2200
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Ronald Lawrence Wilson
Ronald L. Wilson, Attorney at Law
701 Poydras Street, Suite 4100
New Orleans, LA 70139
504-525-4361
Michael B. de Leeuw
Israel David ([email protected])*
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 3 of 5
4
New York, NY 10004
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Sarah Brannon ([email protected])*
Niyati Shah ([email protected])*
Michelle Rupp ([email protected])*
Project Vote
1350 Eye Street NW , Suite 1250
Washington, DC 20005
202-546-4173
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Attorneys for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 4 of 5
5
CERTIFICATE OF SERVICE
I hereby certify that on the 8 of October, 2012, I electronically filed the foregoing
Memorandum in Support of Motion to Strike Declarations and Documents Filed by Defendants
Johnson and Greenstein and for Sanctions with the Clerk of the Court using the CM/ECF system,
which will send a notice of electronic filing to persons electronically noticed. I further certify
that I mailed the foregoing document and the notice of electronic filing by first class mail to any
non-CM/ECF participant.
/s/ Dale E. Ho____________
8719512 8751211
Case 2:11-cv-00926-JTM-JCW Document 383-1 Filed 10/08/12 Page 5 of 5
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
LUTHER SCOTT, JR. and the LOUISIANA
STATE CONFERENCE OF THE NAACP,
Plaintiffs,
v.
TOM SCHEDLER in his official capacity as the
Louisiana Secretary of State; RUTH
JOHNSON, in her official capacity as Secretary
of the Louisiana Department of Children &
Family Services; and BRUCE D.
GREENSTEIN in his official capacity as
Secretary of the Louisiana Department of
Health & Hospitals,
Defendants.
Civ. No. 2:11-cv-00926-JTM-JCW
Section “H”
NOTICE OF SUBMISSION
PLEASE TAKE NOTICE that Plaintiffs Luther Scott, Jr. and the Louisiana State
Conference of the NAACP will bring the attached Motion In Limine to Exclude Evidence
Concerning How Plaintiffs Became Involved in this Litigation for submission before the
Honorable Judge Jane Triche Milazzo on the 15th day of October, 2012 at 8:15 a.m.
Case 2:11-cv-00926-JTM-JCW Document 383-2 Filed 10/08/12 Page 1 of 3
Dated: October 8, 2012
Respectfully submitted,
/s/ Dale E. Ho____________________
Dale E. Ho ([email protected])*
Natasha M. Korgaonkar
Debo P. Adegbile
Elise C. Boddie
Ryan P. Haygood ([email protected])*
NAACP Legal Defense & Educational Fund, Inc.
(New York)
99 Hudson Street, Suite 1600
New York, NY 10013
212-965-2200
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Ronald Lawrence Wilson
Ronald L. Wilson, Attorney at Law
701 Poydras Street, Suite 4100
New Orleans, LA 70139
504-525-4361
Michael B. de Leeuw
Israel David ([email protected])*
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Michelle Rupp ([email protected])*
Niyati Shah ([email protected])*
Sarah Brannon ([email protected])*
Project Vote
1350 Eye Street NW , Suite 1250
Washington, DC 20005
202-546-4173
*MOTION FOR ADMISSION PRO HAC VICE
GRANTED
Attorneys for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383-2 Filed 10/08/12 Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that on October 8, 2012, I electronically filed the foregoing with
the Clerk of Court by using the CM/ECF system, which will send a notice of electronic
filing to counsel of record who are registered participants of the Court’s CM/ECF system.
I further certify that I mailed the foregoing document by first-class mail to counsel of
record who are not CM/ECF participants as indicated in the notice of electronic filing.
/s/ Dale E.Ho____________________
Dale E. Ho ([email protected])*
Natasha M. Korgaonkar
Debo P. Adegbile
Elise C. Boddie
Ryan P. Haygood
NAACP Legal Defense & Educational
Fund, Inc. (New York)
99 Hudson Street, Suite 1600
New York, NY 10013
212-965-2200
*MOTION FOR ADMISSION PRO HAC
VICE GRANTED
Counsel for Plaintiffs
Case 2:11-cv-00926-JTM-JCW Document 383-2 Filed 10/08/12 Page 3 of 3
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA
LUTHER SCOTT, JR., and LOUISIANA
STATE CONFERENCE OF THE
NAACP,
Plaintiffs,
v.
TOM SCHEDLER in his official capacity
as the Louisiana Secretary of State, RUTH
JOHNSON, in her official capacity as
Secretary of the Louisiana Department of
Children & Family Services, and BRUCE
D. GREENSTEIN, in his official capacity
as Secretary of the Louisiana Department of
Health & Hospitals,
Defendants.
Civil Action No. 2:11-cv-00926-JTM-JCW
Section “H”
ORDER
On Motion In Limine to exclude from trial any and all evidence relating to how Plaintiffs
Luther Scott, Jr. and the Louisiana State Conference of the NAACP (“Louisiana NAACP”)
became involved in this litigation, IT IS HEREBY ORDERED that such evidence is
inadmissible at trial.
This ___ day of October, 2012.
____________________________________
HONORABLE JANE TRICHE MILAZZO
Case 2:11-cv-00926-JTM-JCW Document 383-3 Filed 10/08/12 Page 1 of 1