Case 2:03-cv-00354-TJW Document 311-1 Filed 07/19/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LEAGUE OF UNITED LATIN AMERICAN § CITIZENS, ET AL. § § § § vs. § CIVIL NO. 2:03-CV -354 § CONSOLIDATED § RICK PERRY, GOVERNOR OF TEXAS, § ET AL. § MOTION OF CONGRESSMAN HENRY CUELLAR TO INTERVENE OR IN THE ALTERNATIVE, TO APPEAR AS AMICUS FOR WRITTEN AND ORAL COMMENT NOW COMES, Henry Cuellar, Congressman from Texas' 28th Congressional District and files this his Motion to Intervene or, in the Alternative to appear and participate as an amICUs. Henry Cuellar is a resident of Webb County, Texas. From 1987-2001 he served as the sole representative from Webb County in the Texas House of Representatives. In 2004. he was elected to Congress from the 28th Congressional District, which contains a majority of the population of Webb County. Webb County and the residents of Webb County, are a key component of any remedial plan adopted by this Court. Henry Cuellar, as a resident of Webb County and the elected congressman from the 28th District, has interests that will be significantly affected by any remedial plan adopted by this Case 2:03-cv-00354-TJW Document 311-1 Filed 07/19/2006 Page 2 of 3 Court. The disposition of this action may impair those interests. Consequently, Cuellar's interests, and those of the residents of Webb County, are not adequately represented by existing parties to this action. Congressman Cuellar has a right to intervene pursuant to Federal Rules of Civil Procedure 24(a), or in the alternative should be permitted to intervene pursuant to Federal Rule of Civil Procedure 24(b). Cuellar can be of assistance to this Court in assessing alternative remedial plans and developing a final remedial plan for use in the 2006 general election. A motion to intervene was filed earlier on behalf of Congressman Cuellar, Congressman Henry Bonilla and Congressman Lamar Smith, along with a Bipartisan Remedial Plan. Congressman Cuellar remains supportive of that bipartisan plan, but there are obvious partisan, political and personnel conflicts of interest among these three congressmen that may arise in regard to possible remedial plans. Congressman Cuellar believes it is important that he be separately represented in these proceedings. For these reasons, Congressman Henry Cuellar respectfully requests that he be permitted to intervene, or in the alternative that he be permitted to appear as amicus and to submit written and oral comments as appropriate for the resolution of this matter. Respectfully submitted, GRA Y & BECKER, P.C. 900 West Avenue Austin, TX 78701 512/482-0061 512/482-0924 By: COUNSEL FOR INTERVENOR CUELLAR 2 Case 2:03-cv-00354-TJW Document 311-1 Filed 07/19/2006 Page 3 of 3 CERTIFICATE OF SERVICE This is to certify that on the /LJ!tcday of July, 2006, a true and correct copy of the foregoing document was served on the following counsel of record via electronic mail: John Ament [email protected] Gary L. Bledsoe barb ledsoe(a),s bc do bal.net Don Cruse [email protected] R. Ted Cruz ted.cruz((i)oag. state. tx.us Jose Garza [email protected] Richard Scott Gladden richscotl ((i)hotmail.com Anthony P. Griffin agriffinlawvers((i)s bc global. net Javier P. Guajardo ipguai [email protected] Max Renea Hicks [email protected] Robert M. Long [email protected] David C. Mattax david .mattax(G),oag.state. tx. us Robert Stephen Notzon notzonlaw((i)sbc gl0bal.net Morris L. Overstreet [email protected] Nina Perales [email protected] Lucas A. Powe, Jr. [email protected] Rolando L. Rios [email protected] Thoams A. Saenz [email protected] David Weiser dweiser((i)katoroarks.com Don R. Willett don. [email protected] Jeremy D. Wright iwrightCtvkatoroarks.com J.D. Pauerstein P:\Motion to Intervene Cuellar.doc.