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

Filing 9

ORDER setting hearing on Motion for Temporary Restraining Orderfor 11/3/2006 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 11/2/2006. Defendants response due by 11/2/2006 at 4:30 PM(Lucas, G)

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Lopez, et al. v. County of Merced. et al. Doc. 9 Case 1:06-cv-01526-OWW-DLB Document 9 Filed 11/02/2006 Page 1 of 2 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 ORDER SETTING HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER Dockets.Justia.com Case 1:06-cv-01526-OWW-DLB Document 9 Filed 11/02/2006 Page 2 of 2 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' Motion for Temporary Restraining Order is set for hearing on November 3, 2006, at the hour of 12:00 p.m. in Courtroom 3, at the United States Courthouse located at 2500 Tulare Street, Fresno, California. Plaintiffs will move this Court for a Temporary Restraining Order to enjoin Defendants, their agents, employees, successors, attorneys, and all persons in active concert and participation with them, from undertaking any steps to finalize or certify their November, 2006 election results until such time that any changes affecting voting adopted, approved, or implemented by Defendants, have received the requisite approval or pre-clearance pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. At the November 3, 2006, hearing on Temporary Restraining Order, Plaintiffs will move for an order requiring Defendants to appear and show cause why a preliminary injunction should not issue to restrain and enjoin the Defendants as requested above, pending a trial on the merits. On October 31, 2006, Plaintiffs' counsel was instructed to serve notice of the hearing on Motion for Temporary Restraining Order or to provide actual notice of the hearing to any appearing Defendant upon entry of appearance in the case. Any opposition to the Temporary Restraining Order shall be filed by 4:30 p.m. on November 2, 2006. SO ORDERED. DATED: November 2, 2006. _/s/ OLIVER W. WANGER________ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE 2

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