Defendants Final Motion for Enlargement of Time. The Marion County Election Board and Marion County Voter Registration Board

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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DRAMETRA BROWN, for herself and on behalf of other similarly situated, Plaintiff, CAUSE NO. 1:08-cv-1484-RLY-TAB vs. TODD ROKITA, in his Official Capacity as Indiana Secretary of State; BRADLEY KING AND KRISTI ROBERTSON, each in their official capacities of co-directors of the Indiana Elections Division; MARION COUNTY BOARD OF VOTER REGISTRATION; MARION COUNTY BOARD OF ELECTIONS, Defendants. Defendants Final Motion for Enlargement of Time The Marion County Election Board and Marion County Voter Registration Board ( Defendants by counsel Jonathan L. Mayes, Chief Litigation Counsel, requests an additional ten (10 days to respond to the Plaintiff s Complaint and in support states as follows: 1. Plaintiff s Complaint was filed November 3, Defendants filed a notice of enlargement of time pursuant to Local Rule 6.1 enlarging the time to respond to December 26, Defendants obtained a second enlargement of time December 29, Counsel for Plaintiff has been in contact with the undersigned and both counsels believe this can be resolved without a responsive pleading. 1

2 5. Counsels for Plaintiff and Defendants need additional time to effectuate resolution of this matter. 6. On January 26, 2009, Plaintiffs counsel ed Defense counsel stating they would be circulating a Stipulation of Dismissal on January 27, This enlargement is not meant for delay but to provide more time to resolve this matter without this Court s involvement. WHEREFORE, Defendants Marion County Election Board and Marion County Voter Registration Board respectfully requests this Court grant an additional ten (10 days to file their Answer providing additional time to reach a resolution of this matter. Respectfully submitted, s/ Jonathan L. Mayes Jonathan L. Mayes ( Chief Litigation Counsel OFFICE OF CORPORATION COUNSEL 200 East Washington Street, Room 1601 Indianapolis, Indiana Telephone: ( Fax: ( jmayes@indygov.org 2

3 CERTIFICATE OF SERVICE I hereby certify that on January 26, 2009 a copy of the foregoing was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court s electronic filing system. Parties may access this filing through the Court s system. Teresa James Project Vote th Streeet SE, Ste. 202 Washington, D.C tjames@projectvote.org Jonathan L. Mayes OFFICE OF CORPORATION COUNSEL 200 East Washington Street, Suite 1601 Indianapolis, Indiana Telephone: ( Fax: ( jmayes@indygov.org Heather Lynn Hagan ( Fax: heather.hagan@atg.in.gov Thomas M. Fisher ( Fax: ( tom.fisher@atg.in.gov 3

4 s/ Jonathan L. Mayes Jonathan L. Mayes Chief Litigation Counsel 4

5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DRAMETRA BROWN, for herself and on behalf of other similarly situated, Plaintiff, CAUSE NO. 1:08-cv-1484-RLY-TAB vs. TODD ROKITA, in his Official Capacity as Indiana Secretary of State; BRADLEY KING AND KRISTI ROBERTSON, each in their official capacities of co-directors of the Indiana Elections Division; MARION COUNTY BOARD OF VOTER REGISTRATION; MARION COUNTY BOARD OF ELECTIONS, Defendants. ORDER This matter having come before the Court on Defendants Final Motion for Enlargement of Time, and the Court being duly advised in the premises, finds that the motion should be GRANTED. WHEREFORE, IT IS ORDERED that the Defendants shall have an additional ten (10 days in which to file their answer to Plaintiff s Complaint. Date: Judge/Magistrate, United States District Court Distribution:

6 Teresa James Project Vote th Streeet SE, Ste. 202 Washington, D.C tjames@projectvote.org Jonathan L. Mayes OFFICE OF CORPORATION COUNSEL 200 East Washington Street, Suite 1601 Indianapolis, Indiana Telephone: ( Fax: ( jmayes@indygov.org Heather Lynn Hagan ( Fax: heather.hagan@atg.in.gov Thomas M. Fisher ( Fax: ( tom.fisher@atg.in.gov