Case 7:16-cv-00054-O Document 116 Filed 01/18/17 Page 1 of 3 PageID 1846
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
STATE OF TEXAS, ET AL., § § Plaintiffs, § § V. § CIVIL ACTION NO. 7:16-CV-00054-O § UNITED STATES OF AMERICA, ET AL., § § Defendants. §
PLAINTIFFS’ NOTICE REGARDING SERVICE OF ECF NO. 112 & NO. 113
In the Certificates of Service corresponding to ECF No. 112 and No. 113, counsel for Plaintiffs indicated that “the foregoing document was transmitted via using the CM/ECF system, which automatically sends notice and a copy of the filing to all counsel of record.” ECF No. 112 at 6; ECF No. 113 at 5. Upon making these filings, counsel did not take into account that the pro se filers of the motions to which ECF No. 112 and No. 113 are responsive are not registered with the CM/ECF system. Therefore, they could not receive Plaintiffs’ filings as initially served. On January 17, 2017, counsel for Plaintiffs realized the deficiency in the service of ECF No. 112 and No. 113 with respect to the aforementioned pro se filers. On that same date, counsel sent, via U.S. mail, copies of ECFs No. 112 and No. 113 to each of the pro se filers. Counsel hereby provides notice that he has completed service of ECF No. 112 and No. 113 by mail, as provided under Federal Rule of Civil Procedure Rule 5(b)(2)(C) (permitting service by mail). Plaintiffs do not contest extending deadlines to reply to ECF No. 112 and No. 113 in order to accommodate any delay in the service of these responses on pro se filers by mail.
Plaintiffs’ Notice Regarding Service of ECF No. 112 & 113 Page 1
Case 7:16-cv-00054-O Document 116 Filed 01/18/17 Page 2 of 3 PageID 1847
Respectfully submitted this the 18th day of January, 2017,
LUTHER STRANGE KEN PAXTON Attorney General of Alabama Attorney General of Texas BRAD D. SCHIMEL JEFFREY C. MATEER Attorney General of Wisconsin First Assistant Attorney General PATRICK MORRISEY BRANTLEY D. STARR Attorney General of West Virginia Deputy First Assistant Attorney General HERBERT SLATERY, III PRERAK SHAH Attorney General of Tennessee Senior Counsel to the Attorney General MARK BRNOVICH ANDREW D. LEONIE Attorney General of Arizona Associate Deputy Attorney General SCOTT PRUITT AUSTIN R. NIMOCKS Attorney General of Oklahoma Associate Deputy Attorney General JEFF LANDRY /s/ Austin R. Nimocks Attorney General of Louisiana AUSTIN R. NIMOCKS Texas Bar No. 24002695 SEAN REYES [email protected] Attorney General of Utah MICHAEL C. TOTH CHRISTOPHER M. CARR Senior Counsel Attorney General of Georgia JOEL STONEDALE Counsel Office of Special Litigation ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Mail Code 009 Austin, Texas 78711-2548 Tel: 512-936-1414 Attorneys for Plaintiffs
Plaintiffs’ Notice Regarding Service of ECF No. 112 & 113 Page 2
Case 7:16-cv-00054-O Document 116 Filed 01/18/17 Page 3 of 3 PageID 1848
CERTIFICATE OF SERVICE
I, Austin R. Nimocks, hereby certify that on this the 18th day of January, 2017, a true and correct copy of the foregoing document was transmitted via using the CM/ECF system, which automatically sends notice and a copy of the filing to all counsel of record. Additionally, a true and correct copy of the foregoing document was sent, via U.S. mail, to all filers who are associated with this case and not registered with the CM/ECF system.
/s/ Austin R. Nimocks Austin R. Nimocks
Plaintiffs’ Notice Regarding Service of ECF No. 112 & 113 Page 3