Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

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1 Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., CIVIL ACTION NO. 2: and LOUISIANA STATE CONFERENCE JTM JCW OF THE NAACP, for themselves and all SECTION H other persons similarly situated 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 JOINT MOTION TO CONTINUE TRIAL DATE NOW INTO COURT, through undersigned counsel, come Defendants Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children and Family Services, 1 ( DCFS ) and Bruce Greenstein, in his official capacity as Secretary of the Department of Health and Hospitals ( DHH ), who respectfully move this Court for an order continuing the trial date set to commence October 15, The plaintiffs object to this request. In support of the motion, Defendants respectfully submit: 1. Plaintiffs filed suit in this Court on April 19, 2011, seeking declaratory and injunctive relief pursuant to the National Voter Registration Act (NVRA), 42 U.S.C. Sec. 1973gg, et seq. 1 Secretary Sonnier is automatically substituted for former Secretary Ruth Johnson pursuant to Fed. R. Civ. P. 25(d). Former Secretary Johnson s term ended July 2012 and Secretary Sonnier was then appointed and continues to preside as Secretary of DCFS.

2 Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 2 of 5 2. Defendant Sonnier and DCFS are charged with a duty to ensure and provide assistance to needy individuals of the State of Louisiana. La. Rev. Stat. 46:51(a). 3. On August 26, 2012, Governor Bobby Jindal declared a State of Emergency as a result of damaged caused in area parishes by Hurricane Isaac. See Exhibit A1-A2. 4. DCFS provided both emergency shelter and disaster food stamps to the citizens of Louisiana in designated parishes to assist the victims impacted by Hurricane Isaac. Exhibits B1- B5. 5. Due to the Department of Children and Family Services involvement in the Disaster Supplemental Assistance Nutritional Program (DSNAP), ongoing issues surrounding matters regarding DSNAP, and the Department's obligation to provide services to the citizens of Louisiana post-hurricane, the duties to provide disaster assistance heightened as the days in which to provide these services were extended. Exhibits C1-C3. 6. Over 2/3 of the employees of DCFS are still mobilized in performance of DSNAP duties including most of its witnesses and DCFS Executive Counsel. DCFS has been mobilized and performing sheltering and DSNAP related duties since August 26, 2012 all over the state. The employees of DCFS and Executive Counsel are working hours a day since August 26, 2012 in support of these operations. 2

3 Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 3 of 5 7. Considering the heightened duties of the Department, in conjunction with the issues surrounding the Pre-Trial Order and the number of Motions in Limine expected to be filed, a deferral of the trial date would be in the best interest of all parties. 8. Because of the additional duties placed upon DCFS Executive Counsel as a result of the its response to Hurricane Isaac, DCFS has retained additional counsel to continue litigating this matter on behalf of the Department to assist in trial preparation. Additional time is needed to address internal matters. 9. DHH has also retained additional counsel to assist in the litigation of this matter and representation of Secretary Greenstein and additional time is needed to address internal matters relating to the trial. 10. Defendants Sonnier and Greenstein jointly request an extension of days of the trial date scheduled for October 15 th and 16 th to allow time to address the foregoing matters. Defendant Schedler, in his official capacity as the Louisiana Secretary of State, supports this joint motion for extension. 11. Defendants have contacted Plaintiffs counsel with regard to this motion for continuance, and Plaintiffs oppose continuance of the trial date. 3

4 Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 4 of 5 WHEREFORE, Defendants Sonnier and Greenstein, in their official capacities as Secretary of the Louisiana Department Children and Family Services and Secretary of the Department of Health and Hospitals, respectively, pray that this Court issue an Order granting this Motion to Continue Trial Date. Respectfully Submitted: RESPECTFULLY SUBMITTED: /s/ Celia M. Alexander Charles L. Dirks, III Bar Roll Celia M. Alexander, Bar Roll Eboni M. Townsend, Bar Roll Bureau of General Counsel Department of Children & Family Services 627 N. 4 th Street, Fourth Floor (70802) Post Office Box 1887 Baton Rouge, Louisiana Telephone: (225) Facsimile: (225) Attorneys for Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children & Family Services /s/ Douglas Cade Douglas L. Cade, Bar Roll Rebecca C. Clement, Bar Roll Stephen R. Russo, Trial Attorney, Bar Roll Kimberly L. Humbles, Bar Roll Louisiana Department of Health & Hospitals 628 N. 4 th St. Baton Rouge, LA Telephone: (225) Fax (225) Attorneys for Bruce Greenstein, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals 4

5 Case 2:11-cv JTM-JCW Document 358 Filed 09/26/12 Page 5 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson Dale Ho 710 Poydras Street, Ste Hudson St. Ste, 1600 New Orleans, LA New York, NY Cabral2@aol.com dho@naacpldf.org William P. Bryan, III Celia R. Cangelosi Louisiana Department of Justice Attorney at Law 1885 N. 3 rd Street 918 Government Street, Ste. 101 Baton Rouge, LA Baton Rouge, LA celiacan@bellsouth.net Stephen R. Russo David McCay Douglas L. Cade Kimberly L. Humbles Department of Health & Hospitals Bureau of Legal Services Bienville Building 6228 N. 4 th St. Baton Rouge, LA Carey T. Jones 8115 Vincent Road P.O. Box 700 Denham Springs, LA tjones@tomjoneslaw.com Niyati Shah Douglas.cade@la.gov Michael Rupp Stephen.russo@la.gov 1350 Eye Street NW, Suite 1250 Kimberly.humbles@la.gov Washington, DC David.mccay@la.gov Baton Rouge, Louisiana, this 26th day of September, /s/ Celia M. Alexander CELIA M. ALEXANDER 5

6 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for themselves and all other persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW SECTION H 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, NOTICE OF SUBMISSION NOW INTO COURT, through undersigned counsel, come Defendant, Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children and Family Services 1, and Defendant Bruce Greenstein, in his official capacity as Secretary of the Department of Health and Hospitals, who, pursuant to LR 7.2, notices her Motion to Continue Trial Date on October 15, 2012 for submission on October 24, Secretary Sonnier is automatically substituted for former Secretary Ruth Johnson pursuant to Fed. R. Civ. P. 25(d). Former Secretary Johnson s term ended July 2012 and Secretary Sonnier was then appointed and continues to preside as Secretary of DCFS.

7 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 2 of 3 WHEREFORE, Defendants Sonnier and Greenstein, in their official capacities as Secretary of the Louisiana Department of Children and Family Services and Secretary of the Louisiana Department of Health and Hospitals, respectively, pray that their Joint Motion to Continue Trial Date be noticed for submission on October 24, RESPECTFULLY SUBMITTED: /s/ Celia M. Alexander Charles L. Dirks, III Bar Roll Celia M. Alexander, Bar Roll Eboni M. Townsend, Bar Roll Bureau of General Counsel Department of Children & Family Services 627 N. 4 th Street, Fourth Floor (70802) Post Office Box 1887 Baton Rouge, Louisiana Telephone: (225) Facsimile: (225) Attorneys for Ruth Johnson, in her official capacity as Secretary of the Louisiana Department of Children & Family Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson Dale Ho 710 Poydras Street, Ste Hudson St. Ste, 1600 New Orleans, LA New York, NY Cabral2@aol.com dho@naacpldf.org William P. Bryan, III Celia R. Cangelosi Louisiana Department of Justice Attorney at Law 1885 N. 3 rd Street 918 Government Street, Ste. 101 Baton Rouge, LA Baton Rouge, LA celiacan@bellsouth.net Stephen R. Russo Carey T. Jones 8115 Vincent Road P.O. Box 700 Denham Springs, LA tjones@tomjoneslaw.com

8 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 3 of 3 David McCay Douglas L. Cade Kimberly L. Humbles Department of Health & Hospitals Bureau of Legal Services Bienville Building 6228 N. 4 th St. Baton Rouge, LA Niyati Shah Douglas.cade@la.gov Michael Rupp Stephen.russo@la.gov 1350 Eye Street NW, Suite 1250 Kimberly.humbles@la.gov Washington, DC David.mccay@la.gov Baton Rouge, Louisiana, this 26th day of September, /s/ Celia M. Alexander CELIA M. ALEXANDER

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43 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., CIVIL ACTION NO and LOUISIANA STATE CONFERENCE JTM JCW OF THE NAACP, for themselves and all SECTION H other persons similarly situated 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 Considering the foregoing, ORDER IT IS ORDERED that Defendants Sonnier and Greenstein s Joint Motion to Continue Trial Date be and is hereby granted, continuing said hearing from October 15, 2012 at 3:00 p.m., to the day of, New Orleans, Louisiana, this day of, DISTRICT COURT JUDGE 1

44 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 1 of 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., And LOUISIANA STATE CONFERENCE OF THE NAACP, for themselves and all other persons similarly situated, CIVIL ACTION NO. 2:11-cv JTM JCW SECTION H 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, MEMORANDUM IN SUPPORT OF EXPEDITED MOTION TO CONTINUE TRIAL MAY IT PLEASE THE COURT: Defendants, Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children and Family Services 1 ( DCFS ) and Bruce Greenstein, in his official capacity as Secretary of the Department of Health and Hospitals ( DHH ), who respectfully move this Court for an order continuing the trial date set to commence October 15, 2012, and moves ex parte for an Order granting such extension. Plaintiffs filed suit in this Court on April 19, 2011, seeking declaratory and injunctive relief pursuant to the National Voter Registration Act (NVRA), 42 U.S.C. Sec. 1973gg, et seq. against these Defendants. Trial is now scheduled for October 15-16, Secretary Sonnier is automatically substituted for former Secretary Ruth Johnson pursuant to Fed. R. Civ. P. 25(d). Former Secretary Johnson s term ended July 2012 and Secretary Sonnier was then appointed and continues to preside as Secretary of DCFS.

45 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 2 of 4 On August 26, 2012, Governor Bobby Jindal declared a State of Emergency as a result of damaged caused in area parishes by Hurricane Isaac. 2 Defendant Sonnier and DCFS are charged with a duty to ensure and provide public assistance to needy individuals of the State of Louisiana. La. Rev. Stat. 46:51(a). DCFS provided both emergency shelter and disaster food stamps to the citizens of Louisiana in designated parishes to assist the victims impacted by Hurricane Isaac. 3 Due to the Department of Children and Family Services involvement in the Disaster Supplemental Assistance Nutritional Program (DSNAP), ongoing issues surrounding matters regarding DSNAP, and the Department's obligation to provide services to the citizens of Louisiana post-hurricane, the duties to provide disaster assistance heightened as the days in which to provide these services were extended. 4 Over 2/3 of the employees of DCFS are still mobilized in performance of DSNAP duties including most of its witnesses and DCFS Executive Counsel. DCFS has been mobilized and performing sheltering and DSNAP related duties since August 26, 2012 all over the state. The employees of DCFS and Executive Counsel are working hours a day since August 26, 2012 in support of these operations. Considering the heightened duties of the Department, in conjunction with the issues surrounding the Pre-Trial Order and the number of Motions in Limine expected to be filed, a deferral of the trial date would be in the best interest of all parties. Because of the additional duties placed upon DCFS Executive Counsel as a result of the its response to Hurricane Isaac, DCFS has retained additional counsel to continue litigating this matter on behalf of the Department and assist in trial preparation. Additionally, DHH has also 2 See R. Doc See R. Doc See R. Doc

46 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 3 of 4 retained additional counsel to assist in the litigation of this matter and representation of Secretary Greenstein and additional time is needed to address internal matters relating to the trial and any pre-trial motions to be filed. Defendant Schedler, in his official capacity as the Louisiana Secretary of State, supports this joint motion for extension. Accordingly, Defendants Sonnier and Greenstein jointly request that the trial date scheduled for October 15, 2012 be extended for days, to allow sufficient time address the foregoing matters. Respectfully Submitted: RESPECTFULLY SUBMITTED: /s/ Celia M. Alexander Charles L. Dirks, III Bar Roll Celia M. Alexander, Bar Roll Eboni M. Townsend, Bar Roll Bureau of General Counsel Department of Children & Family Services 627 N. 4 th Street, Fourth Floor (70802) Post Office Box 1887 Baton Rouge, Louisiana Telephone: (225) Facsimile: (225) Attorneys for Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children & Family Services /s/ Douglas Cade Douglas L. Cade, Bar Roll Rebecca C. Clement, Bar Roll Stephen R. Russo, Trial Attorney, Bar Roll Kimberly L. Humbles, Bar Roll Louisiana Department of Health & Hospitals 628 N. 4 th St. Baton Rouge, LA Telephone: (225) Fax (225) Attorneys for Bruce Greenstein, in his official

47 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 4 of 4 capacity as Secretary of the Louisiana Department of Health and Hospitals CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson Dale Ho 710 Poydras Street, Ste Hudson St. Ste, 1600 New Orleans, LA New York, NY Cabral2@aol.com dho@naacpldf.org William P. Bryan, III Celia R. Cangelosi Louisiana Department of Justice Attorney at Law 1885 N. 3 rd Street 918 Government Street, Ste. 101 Baton Rouge, LA Baton Rouge, LA celiacan@bellsouth.net Stephen R. Russo David McCay Douglas L. Cade Kimberly L. Humbles Department of Health & Hospitals Bureau of Legal Services Bienville Building 6228 N. 4 th St. Baton Rouge, LA Carey T. Jones 8115 Vincent Road P.O. Box 700 Denham Springs, LA tjones@tomjoneslaw.com Niyati Shah Douglas.cade@la.gov Michael Rupp Stephen.russo@la.gov 1350 Eye Street NW, Suite 1250 Kimberly.humbles@la.gov Washington, DC David.mccay@la.gov Baton Rouge, Louisiana, this 27 th day of September, /s/ Celia M. Alexander CELIA M. ALEXANDER