Lopez, et al. v. County of Merced. et al.

Filing 18

ORDER following hearing on Plaintiffs' motion for temporary restraining order signed by Judge Oliver W. Wanger on 11/3/06. (Coffman, Lisa)

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Lopez, et al. v. County of Merced. et al. Doc. 18 Case 1:06-cv-01526-OWW-DLB Document 18 Filed 11/03/2006 Page 1 of 5 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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FELIX M. LOPEZ and ELIZABETH ) RUIZ, individually and on behalf ) of those similarly situated, ) ) Plaintiffs, ) ) v. ) ) MERCED COUNTY, CALIFORNIA; LOCAL ) AREA FORMATION COMMISION OF ) MERCED COUNTY ("LAFCO"), ) CALIFORNIA; CITY OF ATWATER, ) CALIFORNIA; CITY OF DOS PALOS, ) CALIFORNIA; CITY OF GUSTINE, ) CALIFORNIA; CITY OF LIVINGSTON, ) CALIFORNIA; CITY OF LOS BANOS, ) CALIFORNIA; BALLICO COMMUNITY ) SERVICES DISTRICT, CALIFORNIA; ) CENTRAL CALIFORNIA IRRIGATION ) DISTRICT, CALIFORNIA; DELHI ) COUNTY WATER DISTRICT, ) CALIFORNIA; EAST MERCED RESOURCE ) CONSERVATION DISTRICT, ) CALIFORNIA; FRANKLIN COUNTY ) WATER DISTRICT, CALIFORNIA; ) HILMAR COUNTY WATER DISTRICT, ) CALIFORNIA; LE GRAND COMMUNITY ) SERVICE DISTRICT, CALIFORNIA; ) LOS BANOS RESOURCE CONSERVATION ) DISTRICT, CALIFORNIA; MERQUIN ) COUNTY WATER DISTRICT, ) CALIFORNIA; MIDWAY COMMUNITY ) SERVICES DISTRICT, CALIFORNIA; ) PLANADA COMMUNITY SERVICES ) DISTRICT, CALIFORNIA; SANTA ) NELLA COUNTY WATER DISTRICT, ) CALIFORNIA; SNELLING COMMUNITY ) SERVICES DISTRICT, CALIFORNIA; ) SOUTH DOS PALOS COUNTY WATER ) DISTRICT, CALIFORNIA; TURLOCK ) IRRIGATION DISTRICT, CALIFORNIA; ) VOLTA COMMUNITY SERVICES ) DISTRICT, CALIFORNIA; WINTON ) WATER AND SANITARY DISTRICT, ) CALIFORNIA, ) ) Defendants. ) ) ) 1 1:06-cv-1526 OWW DLB THREE JUDGE COURT ORDER FOLLOWING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER Dockets.Justia.com Case 1:06-cv-01526-OWW-DLB Document 18 Filed 11/03/2006 Page 2 of 5 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 Plaintiffs, Felix M. Lopez's and Elizabeth Ruiz's Motion for Temporary Restraining Order came on for hearing on November 3, 2006, in Courtroom 3 of the above-captioned Court, Oliver W. Wanger, United States District Judge, presiding. Plaintiffs were represented by their counsel Joaquin G. Avila, Esq. and Brian Sutherland, Esq. Merced County was represented by its attorneys James N. Fincher, Esq., County Counsel Designee and Nielsen, Merksamer, Parrinello, Mueller & Naylor LLP by Christopher E. Skinnell, Esq. and Marguerite Mary Leoni, Esq. The Local Area Formation Commission of Merced County ("LAFCO") was represented by its counsel Best, Best & Krieger by Gene Tanaka, Esq. Defendant City of Atwater was represented by its attorneys Allen, Proietti & Fagalde LLP by Salvador V. Navarrete, Esq. of Dos Palos did not appear. The City Winton Water and Sanitary District The City of appeared by its attorney Craig Mortensen, Esq. Gustine appeared by its attorneys Berliner Cohen by Thomas E. Ebersole, Esq. The City of Livingston appeared by Burke, The City Williamson & Sorensen LLP by Sarah Peters Gorman, Esq. of Los Banos appeared by its attorney Abbott & Kindermann LLP, by Joel Ellinwood, Esq. There was no appearance for the following Defendant Districts: Ballico Community Services District, California; Central California Irrigation District, California; Delhi County Water District, California; City of Dos Palos, California; East Merced Resource Conservation District, California; Franklin County Water District, California; Hilmar County Water District, California; Le Grand Community Service District, California; Los Banos Resource Conservation District, California; Merquin County Water District, California; Midway 2 Case 1:06-cv-01526-OWW-DLB Document 18 Filed 11/03/2006 Page 3 of 5 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 Community Services District, California; Planada Community Services District, California; Santa Nella County Water District, California; Snelling Community Services District, California; South Dos Palos County Water District, California; Turlock Irrigation District, California; and Volta Community Services District, California. After considering the Motion for Temporary Restraining Order, supporting declarations and legal authorities and the opposition legal authorities, declarations and oral arguments of all counsel, the following order is entered with the agreement of the parties. IT IS ORDERED: Certification Of Election Results The County of Merced, City of Atwater, City of Gustine, City of Livingston, and City of Los Banos agree not to certify the results of County or City elections before the hearing of and decision on Plaintiffs' Motion for Preliminary Injunction. If the City of Dos Palos is holding elections it shall not certify the result of its City elections before said hearing. Exception 1. All City Defendants may certify the results of the November 7, 2006, state-wide and federal elections, but not local elections. The County agrees not to certify any election results before hearing of and decision on the Preliminary Injunction. 2. Plaintiffs agree that if any Defendant receives allegedly required DOJ pre-clearance or approval of all boundary change actions or other voting changes that are the subject of 3 Case 1:06-cv-01526-OWW-DLB Document 18 Filed 11/03/2006 Page 4 of 5 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 Plaintiffs' Complaint prior to date of the hearing of the Preliminary Injunction, as to that Defendant, the Motion for Injunctive Relief is withdrawn and that Defendant shall be free to certify all its election results. 3. As to the non-County and non-City District Defendants and LAFCO, no present injunctive relief is required as none of those Defendant Districts are holding elections November 7, 2006. Order To Show Cause Re Preliminary Injunction All Defendants, and those acting for, under or in concert with them, shall show cause, if any they have, why they should not be enjoined from finalizing or certifying the November 7, 2006, election results until there is full compliance with Section 5 of the Voting Rights Act of 1965. 42 U.S.C. 1973c. The following schedule shall govern further briefing and hearing on the Order to Show Cause Re Preliminary Injunction: a. Plaintiffs' supplemental authorities and/or other submissions shall be filed by midnight, November 8, 2006; b. All Defendants' oppositions to Plaintiffs' motion for Preliminary Injunction shall be filed by midnight, November 17, 2006; c. The hearing on Plaintiffs' Motion for Preliminary Injunction shall be held November 21, 2006, at 1:00 p.m. in Courtroom 3, Seventh Floor of the above-captioned Court at 2500 Tulare Street, Fresno, California, before United States Circuit Judge Jay S. Bybee, United States District Judge Oliver W. Wanger, and United States District Judge Anthony W. Ishii, sitting as a three-judge district court pursuant to 28 U.S.C. 4 Case 1:06-cv-01526-OWW-DLB Document 18 Filed 11/03/2006 Page 5 of 5 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 2284. No Testimony To Be Presented After inquiry of each appearing party, no party intends to present testimony at the OSC hearing. DATED: November 3, 2006, at Fresno, California. SO ORDERED /s/ Oliver W. Wanger OLIVER W. WANGER UNITED STATES DISTRICT JUDGE 5

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