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Case 3:11-cv-00159-TSL -EGJ -LG Document 81 Filed 04/22/11 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

MISSISSIPPI STATE CONFERENCE OF THE PLAINTIFFS


NAACP, et al.

vs. CIVIL ACTION NO.


3:11-cv-159(TSL)(MTP)
HALEY BARBOUR, in his official capacity as
Governor of the State of Mississippi, et al. DEFENDANTS
and
APPORTIONMENT AND ELECTIONS COMMITTEE
OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES, et al. INTERVENORS

REPRESENTATIVES SIDNEY BONDURANT,


BECKY CURRIE, and MARY ANN STEVENS MOVANT/INTERVENORS

EXPEDITED CONSIDERATION REQUESTED


AMENDED MOTION TO INTERVENE BY REPRESENTATIVES
SIDNEY BONDURANT, BECKY CURRIE, and MARY ANN STEVENS

State Representatives Sidney Bondurant, Becky Currie, and Mary Ann Stevens (the

“Representatives”) hereby respectfully reurge and amend their motion before this Court for leave

to intervene in this action as a matter of right, pursuant to Fed. R. Civ. P. 24(a)(2). Alternatively,

the Representatives move for leave to intervene by permission, pursuant to Fed. R. Civ. P.

24(b)(1)(b). In support of their motion, the Representatives further show the following:

1. State Representative Sidney Bondurant is a qualified elector of Grenada County,

Mississippi and a duly elected member of the Mississippi State House of Representatives, having

served continuously in that body since 2004. State Representative Becky Currie is a qualified

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Case 3:11-cv-00159-TSL -EGJ -LG Document 81 Filed 04/22/11 Page 2 of 5

elector of Lincoln County, Mississippi and a duly elected member of the Mississippi State House

of Representatives, having served continuously in that body since 2008. State Representative

Mary Ann Stevens is a qualified elector of Holmes County, Mississippi and a duly elected

member of the Mississippi State House of Representatives, having served continuously in that

body since 1981.

2. The Representatives seek leave to intervene in this case in order to protect their

interests and the interests of other citizens of the State of Mississippi similarly situated with

respect to the adoption of a 2011 House Redistricting Plan and Map, considered in various

resolutions during the 2011 Regular Session of the Mississippi Legislature. On information and

belief, various parties in the above action have requested the Court to appoint an expert to

develop a Redistricting Plan and Map, including a motion filed by the Mississippi Republican

Party Executive Committee [Docket 67] and separate memorandum filed by Governor Haley

Barbour as recently as today, April 21, 2011 [Docket 70]. Other parties have urged the Court to

adopt a purported “approved” House Plan as a remedy in this action; the Representatives oppose

adoption or use of any of the maps that passed the House of Representatives but failed in the

Senate. Voters who are also elected officials affected by the case have standing to intervene in a

redistricting lawsuit. See League of United Latin American Citizens Council No. 4434 v.

Clements, 999 F. 2d 831, 845 (5th Cir. 1993) (en banc).

3. The Representatives also seek leave to intervene to protect their interests and the

interests of other citizens of the State of Mississippi similarly situated with respect to the timely

conducting of the State of Mississippi’s legislative elections in 2011. The Representatives thus

have an interest in the subject matter of this action, and are so situated that disposing of this

action will as a practical matter impair or impede their ability to protect their interests, and the

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interests of other citizens similarly situated, which are not being asserted or adequately pursued

by any other party to this litigation.

4. The Mississippi Legislature adjourned finally, or sine die, from the 2011 Regular

Session on Thursday, April 7, 2011. As of that date, both the State Senate and the State House of

Representatives were engaged in procedural efforts to keep alive legislative redistricting

negotiations. Not until the sine die adjournment on April 7 was it apparent that the Legislature

would not be able to adopt a joint resolution of redistricting as required by Sec. 254 of the

Mississippi Constitution of 1890 during the 2011 Regular Session. Moreover, while negotiations

have proceeded between House and Senate members out of Session to work out an acceptable

Redistricting Plan and Map, only this week has it become apparent that various parties here are

requesting that this Court develop a map. Because of these developments, intervention by the

Representatives is both necessary and timely.

5. The Representatives respectfully request that this Court allow them to intervene in

this case to protect their interests and the interests of other citizens similarly situated. The

Representatives have claims or defenses that share common questions of law and fact with this

action, and they are particularly similarly situated as the other Intervenors who have been

allowed to intervene by this Court. Specifically, the Representatives seek to join the Motion to

Dismiss filed by Secretary of State Delbert Hosemann as their responsive pleading to the

Plaintiffs’ Complaint, in substantially the form attached hereto as Exhibit “A.”

6. Pursuant to L.U.Civ.R. 7(b)(8), the movants request that the Court expedite the

hearing of this motion, in order to allow the Representatives’ full participation in the proceedings

on the docket of this Court. Because of the straightforward nature of the relief requested herein,

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the Representatives further request leave from the Court not to file a separate memorandum in

support of this Motion.

7. Pursuant to L.U.Civ.R. 7(b)(10), counsel for the Representatives is conferring

with counsel for the other parties in this case to determine whether any oppose this motion to

intervene, but responses from some counsel have yet to be received. As a result, counsel is not

in a position to represent to the Court that this motion is unopposed.

WHEREFORE, PREMISES CONSIDERED, Representatives Sidney Bondurant, Becky

Currie, and Mary Ann Stevens respectfully request that this Court grant his motion to intervene

as of right, or, alternatively, by permission, and that consideration of this matter be expedited in

view of the pending matters before the Court.

This the 22nd day of April, 2011.

Respectfully submitted,

BY: _/s/ Cory T. Wilson_______________


CORY T. WILSON

CORY T. WILSON, MSB#10168


GORDON U. SANFORD, III, MSB#99233
WILLOUGHBY LAW GROUP
P.O. BOX 2305
MADISON, MS 39130-2305
TELEPHONE: 601-899-0065
FACSIMILE: 866-733-2008
EMAIL: cory@wlglegal.com
sandy@wlglegal.com

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CERTIFICATE OF SERVICE

I, Cory T. Wilson, do hereby certify that I have this date electronically filed the foregoing

Motion to Intervene with the Clerk of the court using the ECF system which sent notification of

such filing to the following:

Michael G. Wallace, Esq. Charles Stevens Seale, Esq.


mbw@wisecarter.com css@wisecarter.com
Samuel L. Begley, Esq.
sbegley1@bellsouth.net
Robert B. McDuff, Esq.
rbm@mcdufflaw.com
Harold Pizzetta, Esq. Justin L. Matheny, Esq.
hpizz@ago.state.ms.us jmath@ago.state.ms.us
Crystal Martin, Esq.
cmartin@co.hinds.ms.us
Jack L. Wilson, Esq. Stephen Lee Thomas, Esq.
jwilson@babc.com sthomas@babc.com
Robert L. Gibbs, Esq. Matthew W. Allen, Esq.
rgibbs@brunini.com mwallen@brunini.com
John F. Hawkins, Esq.
john@hsglawfirm.net

This the 22nd day of April, 2011.

____/s/ Cory T. Wilson_____________


CORY T. WILSON