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

Filing 116

MOTION for Extension of Time to File Brief as to Issues Identified by the Court by Plaintiffs Willis Brown, Miles Curtiss, Paul Gregory, King Lincoln Bronzeville Neighborhood Association, League of Young Voters/Columbus, Ohio Voter Rights Alliance for Democracy, Matthew Segal & Harvey Wasserman. New date requested 7/15/2011. (Arnebeck, Clifford) Modified on 7/13/2011 to correct text & filing event (kk2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

KING LINCOLN BROWNSVILLE
NEIGHBORHOOD ASSOCIATION, ET AL.
CASE NO. 2:06-CV-745
PLAINTIFFS,
V.

JUDGE MARBLEY
MAGISTRATE JUDGE KEMP

OHIO SECRETARY OF STATE
JENNIFER BRUNNER, ET AL.

PLAINTIFFS’ MOTION FOR A FURTHER EXTENSION WITHIN WHICH TO FILE
THEIR BRIEF AS TO ISSUES IDENTIFIED BY THE COURT
Plaintiffs move that they be granted an additional extension of three days in which to file their
brief due today in response to the issues identified by the Court.
Respectfully submitted,
/s/Clifford O. Arnebeck, Jr.
Clifford O. Arnebeck Jr. (0033391)
Trial Attorney for Plaintiffs
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205
614-224-8771
Robert J. Fitrakis (0076796)
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205

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614-374-2380
Henry W. Eckhart (0020202)
[e-mail]
Eckhart Law Offices
1200 Chambers Road, Suite 106
Columbus, OH 43212
614-461-0984
Counsel for Plaintiffs

MEMORANDUM IN SUPPORT
Trial counsel for the Defendant Ohio Secretary of State provided today copies of the
contracts between that office and SmarTech for the period after the 2004 and preceding the 2006
election. Plaintiffs have reiterated their request for GovTech and SmarTech contracts preceding
the 2004 election. These contracts were discussed in the plaintiffs’ deposition of Michael
Connell are relevant to both the jurisdictional and scope of ballot retention issues identified by
the court for briefing by the parties. Trial counsel requests a further extension of three days,
until Friday, July 15, 2011, to file plaintiffs’ brief in this matter.
Trial counsel for plaintiffs made a request of trial counsel for defendants to a further
extension this afternoon. He has not yet received a response.
Respectfully submitted,
/s/Clifford O. Arnebeck, Jr.
Clifford O. Arnebeck Jr. (0033391)
Trial Attorney for Plaintiffs
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205
614-224-8771

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Robert J. Fitrakis (0076796)
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205
614-374-2380
Henry W. Eckhart (0020202)
[e-mail]
Eckhart Law Offices
1200 Chambers Road, Suite 106
Columbus, OH 43212
614-461-0984
Counsel for Plaintiffs
CERTIFICATE OF SERVICE
A copy of the foregoing was served upon counsel through the court’s electronic filing
system, this 12th day of July 2011.
/s/ Clifford O. Arnebeck, Jr.
__________________________
Clifford O. Arnebeck, Jr.

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