libertylastchance
Member
- Joined
- Mar 2, 2012
- Messages
- 210
F or approximately 11 days the Court has had an unopposed Motion to Expedite with no
2
ruling. It appears that the Voting Rights Act itself gives sufficient guidance that the case should be
3
expedited in such fashion as to make it possible to vote with the enumerated Rights set forth in the
4
Voting Rights Act.
5
At the present time the Court is not requiring Defendants to file their response prior to its
6
14-day due date which would be Thursday, August 23,2012.
7
Unless the Court were to order Counsel to appear in court Friday, August 24,2012, for
8
final argument it does not appear that the Court will have the opportunity to complete the case and
9
rule prior to the commencement ofthe Convention.
10
This is the sole reason making an Appellate Writ appropriate and necessary.
11
Defense Counsel has not contacted Plaintiffs' Counsel to Meet and Confer regarding any
12
motion concerning the Second Amended Complaint. It appears Defense Counsel intends to file an
13
answer to the Second Amended Complaint late Thursday afternoon in an attempt to delay any ruling
14
beyond the Convention.
15
While Plaintiffs do believe that Plaintiffs offered to stipulate on the First Amended
16
Complaint to proceed with only the Federal Question and no other issue, it is not the position of
17
Plaintiffs that the First Amended Complaint must be the operative Complaint. Plaintiffs welcome
18
proceeding on the Second Amended Complaint and the Appellate Writ makes it clear that Plaintiffs
19
are willing to do so.
2 a
The Appellate Writ makes it clear that there is no request for a stay and further makes it
21
clear that Plaintiffs are hoping the Trial Court will expedite the case on the Second Amended
22
Complaint rendering the Appellate Writ moot.
23
Ifthe Trial Court were to order the case expedited so that final argument may be presented
24
Wednesday" Thursday, or Friday, Plaintiffs would immediately notify the Appellate Court that the
25
Appellate Writ has become moot.
26
Clearly, Plaintiffs have never filed a Notice ofAppeal nor do Plaintiffs take the position
27
that the case should not be expedited on the Second Amended Complaint.
28
PLAINTIFFS' RESPONSE TO COURT'S OSC -2Case
8:12-cv-00927-DOC-JPR Document 44 Filed 08/20/12 Page 2 of 4 Page ID #:619
2
ruling. It appears that the Voting Rights Act itself gives sufficient guidance that the case should be
3
expedited in such fashion as to make it possible to vote with the enumerated Rights set forth in the
4
Voting Rights Act.
5
At the present time the Court is not requiring Defendants to file their response prior to its
6
14-day due date which would be Thursday, August 23,2012.
7
Unless the Court were to order Counsel to appear in court Friday, August 24,2012, for
8
final argument it does not appear that the Court will have the opportunity to complete the case and
9
rule prior to the commencement ofthe Convention.
10
This is the sole reason making an Appellate Writ appropriate and necessary.
11
Defense Counsel has not contacted Plaintiffs' Counsel to Meet and Confer regarding any
12
motion concerning the Second Amended Complaint. It appears Defense Counsel intends to file an
13
answer to the Second Amended Complaint late Thursday afternoon in an attempt to delay any ruling
14
beyond the Convention.
15
While Plaintiffs do believe that Plaintiffs offered to stipulate on the First Amended
16
Complaint to proceed with only the Federal Question and no other issue, it is not the position of
17
Plaintiffs that the First Amended Complaint must be the operative Complaint. Plaintiffs welcome
18
proceeding on the Second Amended Complaint and the Appellate Writ makes it clear that Plaintiffs
19
are willing to do so.
2 a
The Appellate Writ makes it clear that there is no request for a stay and further makes it
21
clear that Plaintiffs are hoping the Trial Court will expedite the case on the Second Amended
22
Complaint rendering the Appellate Writ moot.
23
Ifthe Trial Court were to order the case expedited so that final argument may be presented
24
Wednesday" Thursday, or Friday, Plaintiffs would immediately notify the Appellate Court that the
25
Appellate Writ has become moot.
26
Clearly, Plaintiffs have never filed a Notice ofAppeal nor do Plaintiffs take the position
27
that the case should not be expedited on the Second Amended Complaint.
28
PLAINTIFFS' RESPONSE TO COURT'S OSC -2Case
8:12-cv-00927-DOC-JPR Document 44 Filed 08/20/12 Page 2 of 4 Page ID #:619
