Bonilla, et al v. Barnett, et al

Filing 7

ORDER setting hearing date for Plaintiff's request for temporary Restraining Order for April 7, 2006 at 9:00 a.m. and ordering plaintiffs to IMMEDIATELY notify defendants of the hearing and this order. signed by Judge Anthony W. Ishii on 04/05/06. (Nazaroff, H)

Bonilla, et al v. Barnett, et al

Doc. 7

Case 1:06-cv-00375-AWI-TAG 1 2 3 4 5 6 7

Document 7

Filed 04/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 This is a Voting Rights Act case brought by Plaintiffs against Kern County and Kern 19 County officials regarding a ballot initiative, the "Keep Kern Clean Ordinance of 2006" ("the 20 initiative"), that is to appear on the June 6, 2006, ballot. Plaintiffs contend that the Voting Rights 21 Act has been violated, as explained by the recent Ninth Circuit case of Padilla v. Lever, 429 F.3d 22 910 (9th Cir. 2005). Plaintiffs indicate that the Defendants will send the ballots to the printer on 23 April 7, 2006. Plaintiffs seek a Temporary Restraining Order ("TRO") and Preliminary 24 Injunction forbidding Defendants from "processing, certifying, and/or placing [the initiative] on 25 any election ballot, without first circulating the initiative and its statutory required title and 26 summary in Spanish in compliance with the Voting Rights Act of 1965." Plaintiffs's Proposed 27 Temporary Restraining Order. In the electronic filing docket entry, Plaintiffs indicate that a 28 ) ) ) Plaintiffs, ) v. ) ) ANNE BARNETT, COUNTY OF KERN, ) AND BOARD OF SUPERVISORS FOR ) COUNTY OF KERN, ) ) Defendants. ) ____________________________________) JOSE BONILLA and RAFAEL RIVERA, CIV F 06-375 AWI SMS ORDER SETTING HEARING DATE OF APRIL 7, 2006, ON PLAINTIFFS'S MOTION FOR TEMPORARY RESTRAINING ORDER

Dockets.Justia.com

Case 1:06-cv-00375-AWI-TAG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
daw

Document 7

Filed 04/05/2006

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hearing on the TRO will be on April 7, 2006, at 8:00 a.m. Court's Docket Document No. 2. This date does not appear on the Court's calendar. However, given the representation regarding the printing of the ballots, the Court will hold a hearing on Plaintiffs's requested TRO on the requested date. Accordingly, IT IS HEREBY ORDERED that: 1. The hearing on Plaintiffs's TRO shall be on Friday, April 7, 2006, at 9:00 a.m. in Courtroom 2, in the new federal courthouse located at 2500 Tulare St., Fresno, CA; 2. Defendants may file an opposition or notice of non-opposition to the TRO on or by 4:00 p.m., Thursday, April 6, 2006, or, given the time constraints involved, may oppose the TRO at the hearing; and 3. Plaintiffs are directed to provide notice to Defendants of the hearing on the TRO IMME DIAT ELY upon receipt of this order.

IT IS SO ORDERED. Dated: 0m8i78 April 5, 2006 /s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE

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