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

Filing 75

RESPONSE to Motion re 72 MOTION to Quash filed by Plaintiffs Ohio Voter Rights Alliance for Democracy, League of Young Voters/Columbus, Willis Brown, Paul Gregory, Miles Curtiss, Matthew Segal, Harvey Wasserman, King Lincoln Bronzeville Neighborhood Association. (Attachments: # 1 Exhibit A Minutes of Proceeding) (Arnebeck, Clifford)

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King Lincoln Bronzeville Neighborhood Association et al v. J. Kenneth Blackwell et al Doc. 75 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION KING LINCOLN BRONZEVILLE NEIGHBORHOOD ASSOCIATION, ET AL., CASE NO. 2:06-CV-745 PLAINTIFFS, JUDGE MARBLEY VS. MAGISTRATE JUDGE KEMP JENNIFER BRUNNER, ET AL., DEFENDANTS. PLAINTIFFS' RESPONSE TO NONPARTY MICHAEL CONNELL'S OCTOBER 14, 2008, MOTION TO QUASH PLAINTIFFS' OCTOBER 8, 2008 SUBPOENA OF MICHAEL CONNELL, ISSUED FROM THE NORTHERN DISTRICT OF OHIO On October 8, 2008, Plaintiffs issued a new subpoena to Michael Connell from the Northern District of Ohio, in accordance with Rule 45(a)(2)(B) and for the convenience of the deponent. The subpoena is attached as Exhibit B to Connell's Motion to Quash filed in this court on October 14, 2008. The Northern District of Ohio, as the issuing court, has exclusive jurisdiction over objections and enforcement of Plaintiffs' October 8, 2008, subpoena. Moore's Federal Practice 3D 45.11[1][b] and In re Digital Equipment Corp., 949 F.2d 228, 231 (8th Cir. 1991). On October 17, 2008, Michael Connell filed notice with this court that he had moved to quash the Plaintiffs' October 8, 2008 subpoena before the Northern District of Ohio Court. On October 31, 2008, at an expedited hearing on motion of Plaintiffs, U.S. District Judge 1 Solomon Oliver denied the motion to quash and ordered the deposition to proceed on November 3, 2008. A copy of the minutes of Judge Oliver's order is attached hereto as "Exhibit A." Michael Connell's deposition was taken by the plaintiffs on November 3, 2008. Wherefore, Michael Connell's motion to quash filed in this court should be deemed superceded by its filing in the Northern District of Ohio, and moot by virtue of its denial by that court and the fact that the deposition has now been taken. Respectfully submitted, /s/Clifford O. Arnebeck, Jr. Clifford O. Arnebeck Jr. (0033391) Trial Attorney 1021 East Broad Street Columbus, Ohio 43215 614-224-8771 Robert J. Fitrakis (0076796) 1021 East Broad Street Columbus, Ohio 43215 614-224-8771 Henry W. Eckhart (0020202) 50 West Broad Street, Suite 2117 Columbus, Ohio 43215 614-461-0984 Counsel for Plaintiffs CERTIFICATE OF SERVICE This is to certify a copy of the foregoing was served upon counsel of record by means of the Court's electronic filing system on this 4th day of November 2008. /s/ Clifford O. Arnebeck, Jr. 2 3

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