DEFENDANTS/COUNTER-PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

Case 3:04-cv JGC Document 12-2 Filed 12/29/2004 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

U.S. District Court Southern District of Ohio (Columbus) CIVIL DOCKET FOR CASE #: 2:04-cv EAS-TPK

Case 3:04-cv JGC Document 22 Filed 09/22/2005 Page 1 of 26

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 3:04-cv JGC Document 30 Filed 10/24/2005 Page 1 of 17

Case 3:05-cv JGC Document Filed 01/05/2006 Page 1 of 9

Case 3:04-cv JGC Document 27-1 Filed 10/04/2005 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION

INTRODUCTION JURISDICTION VENUE

Case 4:17-cv HSG Document 181 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) Judge Carr

Case 1:17-cv SS Document 1 Filed 12/20/17 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:08-cv Document 1 Filed 01/17/2008 Page 1 of 20

NOV?6 'M. CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO. Case No.: V S. JENNIFER -L:" BRUNER, SECRETARY OF STATE, ET AL.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 5:16-cv EJD Document 22 Filed 12/13/16 Page 1 of 8

Case 4:04-cv PVG-DAS Document 332 Filed 03/03/2008 Page 1 of 15

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

Case: 1:10-cv SJD Doc #: 9 Filed: 09/15/10 Page: 1 of 12 PAGEID #: 117

Case: 2:13-cv MHW-TPK Doc #: 42 Filed: 12/23/13 Page: 1 of 19 PAGEID #: 781

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO CLEVELAND DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Introduction

Case: 1:08-cv DCN Doc #: 7 Filed: 10/29/08 1 of 18. PageID #: 117

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO MOTION OF THE OHIO REPUBLICAN PARTY TO INTERVENE

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Olmsted County, including its Auditor. For their Application, Applicants state and allege as follows:

Case 2:17-cv WB Document 97 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Case 3:12-cv RCJ-WGC Document 26 Filed 07/13/12 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:06-cv ALM-TPK Document 9-1 Filed 09/21/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

Case 3:04-cv JSW Document 168 Filed 10/20/2005 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 2:06-cv ALM-TPK Document 55 Filed 11/14/2006 Page 1 of 11

Case: 5:09-cv DDD Doc #: 1 Filed: 06/04/09 1 of 5. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 1:08-cv SSB-TSB Document 1 Filed 06/06/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE CIRCUIT COURT OF COLE COUNTY STATE OF MISSOURI

Case 9:15-cv KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 1 of 7

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR SARASOTA COUNTY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 2:06-cv ALM-TPK Document 21 Filed 12/11/2006 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

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

Case: 1:10-cv SJD Doc #: 1 Filed: 09/01/10 Page: 1 of 21 PAGEID #: 1

Millions to the Polls

Embarcadero Center West 275 Battery Street, 23rd Floor San Francisco, CA Telephone: (415) Facsimile: (415)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Case 1:15-cv DPW Document 6 Filed 02/18/15 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:17-cv HSG Document 180 Filed 12/26/18 Page 1 of 3

IN THE EIGHTH APPELLATE DISTRICT COURT FOR THE COUNTY OF CUYAHOGA

Case: 1:19-cv DAP Doc #: 19 Filed: 01/30/19 1 of 13. PageID #: 217 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OHIO EASTERN DIVISION

Case: 3:17-cv GFVT-EBA Doc #: 32-1 Filed: 06/12/18 Page: 1 of 14 - Page ID#: 217

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) Judge Carr

Case: 1:10-cv SJD Doc #: 35 Filed: 12/30/10 Page: 1 of 10 PAGEID #: 830 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Case: 1:10-cv SJD Doc #: 35 Filed: 12/30/10 Page: 1 of 10 PAGEID #: 830 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Case: 1:10-cv SJD Doc #: 1 Filed: 11/21/10 Page: 1 of 16 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case: 2:12-cv PCE-NMK Doc #: 89 Filed: 06/11/14 Page: 1 of 8 PAGEID #: 1858

\ 'C,_ \) ~THE COURT OF COMMON PLEAS

Case 1:11-cv LPS Document 14 Filed 01/30/12 Page 1 of 7 PageID #: 59 UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

BRIEF IN SUPPORT OF MOTION FOR EMERGENCY PRELIMINARY INJUNCTION: CLOSURE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Case 2:16-cv JMA-SIL Document 5 Filed 12/27/16 Page 1 of 2 PageID #: 88 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division : : : : : : : : : : : : : : : VERIFIED COMPLAINT

Case 1:06-cv PAG Document 6 Filed 10/16/2006 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendants.

Case 1:14-at Document 6 Filed 02/19/14 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Case 1:13-cv FDS Document 57 Filed 08/27/14 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 4:14-cv DLH-CSM Document 1 Filed 07/29/14 Page 1 of 10

Case 1:14-cv Document 1 Filed 02/26/14 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street, Denver, Colorado 80202

Case 2:16-cv RSL Document 1 Filed 05/25/16 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA. Case No. 4:18-cv RH-MJF

COMMONWEALTH OF MASSACHUSETTS

Case 2:14-cv RJS Document 17 Filed 06/04/14 Page 1 of 7

In The United States District Court For The Southern District of Ohio Eastern Division. Answer

Case 1:13-cv MCA-RHS Document 156 Filed 09/19/13 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 5:11-cv OLG-JES-XR Document 95 Filed 08/01/11 Page 1 of 11

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Now comes Plaintiff, the Rhode Island Affiliate, American Civil Liberties Union

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

Case: Document: 18-1 Filed: 09/11/2014 Page: 1

Case No.: 08-CVH MEMORANDUM CONTRA TO MOTION TO DISSOLVE THE TEMPORARY RESTRAINING ORDER

Case: 5:09-cv SL Doc #: 1 Filed: 07/14/09 1 of 5. PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION., ) Plaintiff, ) ) CONSENT STIPULATIONS FOR v. ) ARBITRATION PROCEDURES ), ) Defendant.

Case: 2:06-cv ALM-TPK Doc #: 346 Filed: 11/01/12 Page: 1 of 11 PAGEID #: 12588

PARTIALLY-UNOPPOSED MOTION TO INTERVENE

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE DISTRICT COURT OF LANCASTER COUNTY, NEBRASKA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) INTRODUCTION

VERIFIED CLASS ACTION COMPLAINT

Case 0:16-cv XXXX Document 1 Entered on FLSD Docket 06/27/2016 Page 1 of 10

Case: 2:12-cv ALM-TPK Doc #: 63 Filed: 07/24/12 Page: 1 of 38 PAGEID #: 5737

Case: 2:16-cv GCS-EPD Doc #: 13 Filed: 03/11/16 Page: 1 of 8 PAGEID #: 665

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Durham Division FIRST AMENDED CLASS ACTION COMPLAINT

Case 6:15-cv Document 1 Filed 01/13/15 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION COMPLAINT

AMENDED ANSWER TO COMPLAINT AND COMPULSORY COUNTERCLAIM

Transcription:

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO STATE EX. REL DAVID YOST, ET AL. Plaintiffs, Civil Action No. C2-04-1139 (ES/TK v. NATIONAL VOTING RIGHTS INSTITUTE, ET AL. Defendants And KERRY-EDWARDS 2004, INC. Intervenor-Defendant NATIONAL VOTING RIGHTS INSTITUTE, ET AL. Counter-Plaintiffs, v. DELAWARE COUNTY BOARD OF ELECTIONS And J. KENNETH BLACKWELL, Counter-Defendants DEFENDANTS/COUNTER-PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Pursuant to Rule 65 of the Federal Rules of Civil Procedure, defendants/counterplaintiffs the National Voting Rights Institute, David Cobb and Michael Badnarik move for a temporary restraining order and preliminary injunction requiring counter-defendant Ohio Secretary of State Blackwell to prescribe and require the eighty-eight Boards of Election to use adequate, fair and uniform standards and instructions for conducting the state-wide recount in Ohio to ensure that they accurately, fairly and finally determine the results of the 2004 election for the President of the United States. Defendants/counterplaintiffs file in support of this motion the accompanying memorandum of law, declaration, and a proposed order. Defendants/counter-plaintiffs request that this motion be heard this afternoon, December 10, 2004, at 3:45 p.m. Dated: December 10, 2004 Respectfully submitted, Richard Kerger, Ohio Bar # Kerger & Kerger 33 South Michigan Street, Suite 201 Toledo, OH 43602 (419 255-5990 telephone (419 255-5997 facsimile John C. Bonifaz* National Voting Rights Institute 27 School Street, Suite 500 Boston, MA 02108 (617 624-3900 telephone (617 624-3911 facsimile *Admitted pro hac vice Counsel for Defendants David Cobb, Michael Badnarik, and the National Voting Rights Institute 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO STATE EX. REL DAVID YOST, ET AL. Plaintiffs, Civil Action No. C2-04-1139 (ES/TK v. NATIONAL VOTING RIGHTS INSTITUTE, ET AL. Defendants And KERRY-EDWARDS 2004, INC. Intervenor-Defendant NATIONAL VOTING RIGHTS INSTITUTE, ET AL. Counter-Plaintiffs, v. DELAWARE COUNTY BOARD OF ELECTIONS And J. KENNETH BLACKWELL, Counter-Defendants 3

[PROPOSED] ORDER Upon consideration of defendants/counter-plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction, the accompanying papers, any opposition thereto, the entire case herein, and, after a hearing on the motions, the Court finds that (i counter-defendant has issued procedures for the recount of the 2004 Presidential election, which procedures are inadequate to provide a uniform and fair statewide recount, as demonstrated by the disparate interpretations of these procedures by various Ohio counties; (ii the harm to defendants/counter-plaintiffs in the absence of an injunction the violation of the right to equal treatment and fundamental fairness as guaranteed by the Equal Protection and Due Process clauses of the Constitution if the recount is conducted without uniform and fair standards and instructions-- is not reparable; (iii the injunction would not cause substantial harm to others; and (iv the public interest is clearly served by a uniform and fair recount of the votes cast for the Presidential electors in Ohio, in which all votes are given equal treatment, in the 2004 Presidential election. Accordingly, it is this day of December 2004 ORDERED that defendant/counter-plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction is GRANTED; and it is further ORDERED that the Secretary of State of Ohio is enjoined to prescribe adequate, uniform and fair standards and instructions to be used in the recount of the 2004 Presidential election; and it is further 4

ORDERED that the Secretary of State of Ohio direct the Boards of Elections in each county of Ohio to use such recount standards and instructions prescribed by the Secretary of State; and it is further ORDERED that the recount standards and instructions prescribed by the Secretary of State address the issues raised in the December 7, 2004, letter from counsel for David Cobb and Michael Badnarik to Secretary Blackwell, attached to this Order. Dated: December, 2004 UNITED STATES DISTRICT JUDGE 5