sailingaway
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- Mar 7, 2010
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IV. Disposition
For the foregoing reasons, the Court GRANTS Defendants’ Motion to Dismiss.
However, the Court dismisses WITHOUT PREJUDICE. The Court will afford Plaintiffs a third and final opportunity to attempt to sufficiently plead a violation of Section 1971(b) of the Voting Rights Act. See Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). Because the Court grants Defendants’ Motion to Dismiss, the Court also DENIES Plaintiffs’ Ex Parte Application to Expedite Trial [16].
Plaintiffs shall file an amended complaint, if at all, on or before August 20, 2012.
DATED: August 7, 2012
__________________________________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE
there is the huge problem. This next complaint needs to be good we don't want a motion to dismiss WITH prejudice which would mean they couldn't bring suit again . When I was doing my own 'conspiracy think' on this my concern was that the case wouldn't be thrown away. I got over that because our delegates ARE doing it, and because no one else seems to be planning to do anything else.