What Do I Know?: Redistricting Prep For Monday Court Scheduling Hearing, Balanced With Some LA Photos

Consider this like a palate cleansing. The five court challenges to the Alaska Redistricting Board's Proclamation Plan get their first court appearance Monday, December 20, 2021 at 11:30 am. That's tomorrow as I write this. Probably today as many of you read this. Here are the numbers if you want to call in and listen.

I don't think it's going to be that exciting. Here's a link to the Court's Pretrial Order. And here's an outline of that order.

Pleadings

lists the five cases - Skagway, Valdez, Mat-su, Calista, and the three Anchorage plaintiffs
cases consolidated and given the case number 3AN-21-08869CI

Technical Support

outlines who is responsible for what - access to software to view census data
how to pay transcription service - Dec 27 deadline to agree

Trial Timelines

Has to be done 120 days before filing deadline June 1, 2022, thus court's decision due by February 1, 2022
To give judge time, evidence should be finished by January 25, 2022, Written closing argument and proposed findings by January 27, 2022
Preliminary estimate - one trial day per plaintiff; board gets 3-5 days for its case, then trial has to begin by January 11, likely sooner. Parties invited to propose start dates for trial

Summary Judgment Motions - court permits none
Witnesses

Each plaintiff may call up to 3 at trial. May present up to three video depositions in addition. Plaintiffs have to ID witnesses in advance and make them available for video deposition by January 11
Board may call up to seven witnesses at trial, seven more via video deposition testimony. Same deadline for identifying witnesses and availability for deposition (Jan 11)
Each party shall file affidavits setting forth the direct testimony of the non-expert witnesses by Dec. 27, 2021. Witness can be called only for cross exam, redireet, and recross.
Each plaintiff limited to one expert witness. Must identify them and topic of the expert's testimony. Board limited to three expert witnesses. Name and topic in by Dec. 27, 2021.
Affidavits of expert's direct testimony in by December 30, 2021.

Discovery

Board has to provide Court, Plaintiffs, and pending intervenors with 'the record' by December 21
Parties shall be prepared to discuss discovery deadlines and perhaps limits on discovery or deposition at the scheduling hearing on 20 December 2021 at 11:30 am. Parties will be sent a zoom invitation by chambers. This overrides he earlier order setting a telephonic hearing.
Court encourages parties to begin discussions regarding discovery and scheduling before the scheduling hearing.
All witnesses must be made available for depositions no later than the week of January 3, 2022

Sequences of Party and Witness Presentation

at a date to be determined plaintiffs will discuss and propose a sequence for when each shall make witnesses available for cross exam and redirect.
Same for the Board

Judicial Assignment

Judge to be permanently assigned to the case will be announced shortly after scheduling conference
Parties will have two business days after distribution of judicial assignment to exercise a challenge
The assigned judge may revisit these pretrial orders as the case develops.

Now some dessert. We had breakfast at the Mar Vista Farmers Market. It's become an upscale event. Lots of vendors have booths selling vegetable and fruit, food to eat, and prepared items like honey, olive oil. There's a place for kids to play - more children's museum stuff than playground stuff - and music. And lots of people, masked and unmasked. A bit overwhelming. We ended up with empanadas and tamales.

I liked the name and they had Khao Soi on the menu - a favorite northern Thai/Lao dish. But it was with pork and that's further from my vegetarian presences than I go, knowingly.