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)

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.

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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