Miller v. Lieutenant Governor Craig Campbell et al

Filing 18

MOTION to Expedite ON MOTION TO DISMISS by Lieutenant Governor Craig Campbell, State of Alaska, Division of Elections. (Attachments: # 1 Proposed Order)(Paton-Walsh, Margaret)

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 18

Margaret Paton-Walsh State of Alaska, Department of Law 1031 W. 4th Avenue, Suite 200 Anchorage, AK 99501 Telephone [phone] Facsimile [phone] [e-mail] Attorney for Lieutenant Governor Craig Campbell and the State of Alaska, Division of Elections IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF ALASKA JOE MILLER, Plaintiff, v. LIEUTENANT GOVERNOR CRAIG CAMPBELL, in his official capacity; and the STATE OF ALASKA, DIVISION OF ELECTIONS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:10-cv-00252 RRB

DEFENDANTS' MOTION FOR SHORTENED TIME ON MOTION TO DISMISS The defendants, Lieutenant Governor Craig Campbell and State of Alaska, Division of Elections, ("the state"), by and through undersigned counsel, hereby move this Court pursuant to D. Ak. LR 7.2(c) to consider their motion to dismiss on shortened time. The state's motion to dismiss is based on F.R.C.P. 12(b)(1) and argues that this Court lacks jurisdiction over this case because of the absence of a federal question.

Dockets.Justia.com

In the alternative, the state argues that this court should abstain under the Pullman doctrine. [Docket at 17] The plaintiff, Joe Miller, has filed a motion for a preliminary injunction and has requested that that motion be considered on shortened time. [Docket at 3 and 13] Because the state's motion to dismiss raises questions regarding this Court's jurisdiction, it is appropriate that this motion be decided before Mr. Miller's motion for a preliminary injunction is considered. This Court has ordered briefing on the preliminary injunction motion for next week. The state requests that this Court schedule briefing on the motion to dismiss as follows: the plaintiff should file any opposition by 4:30 p.m. on Friday, November 12, 2010; any reply should be due by 10 a.m. on Monday, November 15, 2010. DATED: November 10, 2010. DANIEL S. SULLIVAN ATTORNEY GENERAL

By:

/s/ Margaret Paton Walsh Assistant Attorney General Alaska Bar No. 0411074 [e-mail] [e-mail]

Certificate of Service The undersigned hereby certifies that on the 10th day of November, 2010, a true and correct

Joe Miller v. Craig Campbell, SOA Div of Elections Motion for Shortened Time on Motion to Dismiss

3:10-cv-000252-RBB Page 2

copy of the above document, Defendants' Motion for Shortened Time on Motion to Dismiss was served via electronic mail on the following: -Thomas Van Flein, Esq. By: /s/ Margaret Paton-Walsh

Joe Miller v. Craig Campbell, SOA Div of Elections Motion for Shortened Time on Motion to Dismiss

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