Miller v. Lieutenant Governor Craig Campbell et al

Filing 70

RESPONSE in Opposition re 51 First MOTION for Preliminary Injunction Defendants' Motion To Re-Condition The Preliminary Injunction filed by Joe Miller. (Van Flein, Thomas)

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 70

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Thomas V. Van Flein John Tiemessen Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H St., Suite 620 Anchorage, Alaska 99501-3454 Phone: [phone] Facsimile: [phone] Attorneys for Plaintiff Joe Miller

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UNITED STATES DISTRICT COURT DISTRICT OF ALASKA ) ) ) Plaintiff, ) ) v. ) ) LIEUTENANT GOVERNOR CRAIG ) CAMPBELL, in his official capacity; ) and the STATE OF ALASKA, ) DIVISION OF ELECTIONS, ) ) Defendants. ) ___________________________________ ) JOE MILLER, Civil Action No: 3:10-cv-252 (RRB)

PLAINTIFF JOE MILLER'S OPPOSITION TO DEFENDANTS' MOTION TO RE-CONDITION INJUNCTION This Motion is one of two inexplicably premature Motions the State chose to file last Friday. The events of that afternoon have rendered this Motion moot. After Defendants filed this Motion and the Superior Court issued its order granting Summary Judgment to the State on all counts, the Alaska Supreme Court clerk's office

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arranged a conference call among all the parties to this case. The clerk's office directed that

Plaintiff Joe Miller's Opposition to Defendants' Motion to Re-Condition Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 1 of 3

Dockets.Justia.com

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any notice of appeal be filed by noon today, Appellant's brief be filed by noon on Tuesday, Appellee's brief by 4:30 P.M. on Wednesday, and any Reply by noon on Thursday. If an appeal is filed, the Alaska Supreme Court will hear oral argument at 1:30 P.M. on Friday, December 17, 2010. Thus, Defendants already have obtained the relief they seek, and their request to this Court is moot. CONCLUSION For these reasons, Plaintiff Miller respectfully requests that this Court deny Defendants' Motion to Re-Condition the Injunction. Dated this 13th day of December, 2010. Respectfully submitted, /s/ Thomas V. Van Flein Thomas V. Van Flein John Tiemessen CLAPP, PETERSON, VAN FLEIN TIEMESSEN & THORSNESS LL 711 H St., Suite 620 Anchorage, Alaska 99501-3454 Phone: [phone] Facsimile: [phone]

Plaintiff Joe Miller's Opposition to Defendants' Motion to Re-Condition Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 2 of 3

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Certificate of Service: The undersigned hereby certifies that a true and exact copy of the foregoing was served this 13th day of December 2010 via: ( ) First Class Mail ( ) Hand-Delivery ( ) Facsimile ( ) E-Mail (X) ECF to the following listed individual(s): Michael Barnhill Sarah Felix Margaret Paton-Walsh Timothy McKeever Scott Kendall

By: /s/ Thomas V. Van Flein__ Thomas V. Van Flein

Plaintiff Joe Miller's Opposition to Defendants' Motion to Re-Condition Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 3 of 3