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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-24066-KMM

GRACE, INC., et al.,

Plaintiffs,

v.

CITY OF MIAMI,

Defendant.

/

PLAINTIFFS’ RESPONSE TO THE CITY’S 

NOTICE OF FILING REDISTRICTING RESOLUTION (ECF 151)

Plaintiffs submit this response pursuant to the Court’s Paperless Order Requiring Response 

from Plaintiffs as to Defendant’s Notice of Filing Redistricting Resolution (ECF 152). 

In its Notice (ECF 151), the City notified the Court that the Miami City Commission 

recently adopted Resolution R-24-1, amending the border between Districts 1 and 3. Xis revision 

restores to District 1 a small area that the City’s June 14, 2023 redistricting plan (“2023 Plan”) 

moved from District 1 to District 3. Xe area moved has a population of just 48 people, or 0.05% 

of the population of District 1 and 0.01% of the population of the City. In other words, the map is 

99.99% unchanged.

By its own terms, Resolution R-24-1 merely “amends” the 2023 Plan by moving those 48 

people from District 3 and back into District 1. ECF 151 at 7. Xis minor amendment restores the 

District 1/3 boundary in this area to follow the Dolphin Expressway—the boundary line under the 

2022 Plan. Xe small change does not disrupt Plaintiffs’ claims that Districts 1 and 3 were drawn 

predominantly based on race. Likewise, Resolution R-24-1 has no impact on Plaintiffs’ challenge 

to Districts 2, 4, or 5.

Xe City adopted Resolution R-24-1 on January 11, 2024—the same day the Parties’ joint 

Case 1:22-cv-24066-KMM Document 159 Entered on FLSD Docket 01/24/2024 Page 1 of 3
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pretrial stipulation was due, and the deadline for the Parties to move to amend the pleadings. 

Nevertheless, the City notes in its Proposed Findings of Fact and Conclusion of Law that “Plaintiffs 

have not challenged [] the 2024 Plan, and they have not sought relief from [that] plan[].” Xe City’s 

amending the challenged 2023 Plan eighteen days before trial to move 48 people between two 

districts should not prevent Plaintiffs from obtaining effective relief. But if it does, it would be 

appropriate to amend the pleadings at or after trial under FRCP 15(b), to reflect that Plaintiffs

challenge the 2023 Plan as amended by Resolution R-24-1.

* * *

Xe Parties have agreed to stipulate to the following facts relating to Resolution R-24-1:

1. On January 11, 2024, the Miami City Commission adopted Resolution R-24-1, 

amending the 2023 Plan.

2. Resolution R-24-1 moves four census blocks from District 3 into District 1.

3. The 2023 Plan had previously moved this area from District 1 into District 3.

4. The area moved has a population of 48 people.

5. The area moved lies between the Miami River, the Dolphin Expressway, and the 

Lawrence Canal.

Respectfully submitted this 24th day of January, 2024,

/s/ Nicholas L.V. Warren

Nicholas L.V. Warren (FBN 1019018)

ACLU Foundation of Florida

1809 Art Museum Drive, Suite 203

Jacksonville, FL 32207

(786) 363-1769

nwarren@aclufl.org

Daniel B. Tilley (FBN 102882)

Caroline A. McNamara (FBN 1038312)

Neil A. Steiner*

Julia Markham-Cameron*

Dechert LLP

Xree Bryant Park

1095 Avenue of the Americas

New York, NY 10036

(212) 698-3822

neil.steiner@dechert.com

julia.markham-cameron@dechert.com

Case 1:22-cv-24066-KMM Document 159 Entered on FLSD Docket 01/24/2024 Page 2 of 3
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Janine M. Lopez (FBN 1038560)

ACLU Foundation of Florida

4343 West Flagler Street, Suite 400

Miami, FL 33134

(786) 363-2714

dtilley@aclufl.org

cmcnamara@aclufl.org

Gregory P. Luib*

Dechert LLP

1900 K Street NW

Washington, DC 20006

(202) 261-3413

gregory.luib@dechert.com

Christopher J. Merken*

Dechert LLP

Cira Centre

2929 Arch Street

Philadelphia, PA 19104

(215) 994-2380

christopher.merken@dechert.com

* Admitted pro hac vice

Counsel for Plaintiffs

Case 1:22-cv-24066-KMM Document 159 Entered on FLSD Docket 01/24/2024 Page 3 of 3