King Lincoln Bronzeville Neighborhood Association et al v. J. Kenneth Blackwell et al

Filing 113

ORDER DENYING Plaintiffs' Oral Request to depose Karl Rove. Plaintiffs are ORDERED to file a brief by 6/24/11, Defendant's Memorandum Contra is due by 7/15/11 and Plaintiffs' Reply is due by 7/22/11. Signed by Judge Algenon L. Marbley on 5/25/2011. (cw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KING LINCOLN BROWNSVILLE NEIGHBORHOOD ASSOCIATION, et al Plaintiffs, v. JENNIFER L. BRUNNER, in her official capacity as Secretary of State, Defendants. : : : : : : : : : : : : Case No. 2:06-CV-00745 JUDGE ALGENON L. MARBLEY Magistrate Judge Kemp ORDER On May 25, 2011, this Court held a status conference to address several discovery matters. Specifically, Plaintiffs requested that this Court allow them to depose Karl Rove and local Chamber of Commerce representatives. This Court DENIES Plaintiffs’ request to depose Karl Rove because his testimony is not sufficiently relevant to any of the Plaintiffs’ claims. Regarding the request to depose Chamber of Commerce representatives, the Court set a briefing schedule to gather further information. Accordingly, the Plaintiffs are hereby ORDERED to file a brief addressing three issues: (1) whether the 11th Amendment to the Constitution precludes subject matter jurisdiction before this Court; (2) the factual and legal bases for deposing local Chamber of Commerce members; and (3) the evidentiary basis for the Secretary of State to continue storing ballots retained from the 2004 election. Specifically, Plaintiffs are to set forth evidence of voting irregularities in the counties whose ballots are being stored by the Secretary of State. Plaintiffs have until June 24, 2011 to file their brief. Defendants have until July 15, 2011 to file its memorandum contra, and Plaintiffs have until July 22, 2011 to file their reply memorandum in support of their motion. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT COURT Dated: May 25, 2011

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