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Order on Plaintiffs' Motion for Default Judgment Against the Indiana Election Commission and the Indiana Secretary of State (3)

Order on Plaintiffs' Motion for Default Judgment Against the Indiana Election Commission and the Indiana Secretary of State (3)

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Published by Reality Check 1776

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Categories:Business/Law
Published by: Reality Check 1776 on Nov 01, 2012
Copyright:Attribution Non-commercial

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12/04/2012

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STATE OF INDIANA ) IN THE MARION SUPERIOR COURT) SS:COUNTY OF MARION ) CAUSE NO. 49D14-1203-MI-012046ORLY TAITZ, KARL SWIHART, )EDWARD KESLER, BOB KERN, )and FRANK WEYL ))Plaintiffs, ))v. ))INDIANA ELECTION COMMISSION, )DEPUT Y ATTORNEY GENERAL )JEFFERSON GARN, DEPUTY )ATTORNEY GENERAL KATE )SHELBY, 1310 RADIO/WTLC, )AMOS BROWN, IN HIS OFFICIAL )CAPACITY OF THE TALK SHOW )HOST OF THE 1310 RADIO/WTLC )INDIANA SECRETARY OF )STATE, ))Defendants. )ORDER ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT AGAINST THEINDIANA ELECTION COMMISSION AND THE INDIANA SECRETARY OF STATE
Plaintiffs, through their attorneys, moved this Court for a Default Judgment against theIndiana Election Commission and the Indiana Secretary of State. Defendants filed a Responseand argument was heard by this Court on October 22, 2012. The Court -- having reviewed thefilings submitted by both parties, having reviewed relevant authority, and having heard argumentfrom both parties -- now finds that Plaintiffs’ Motion for Default Judgment against the IndianaElection Commission and the Indiana Secretary of State is
DENIED
. Specifically, this Court, byOrder issued October 3, 2012, granted Defendants an extension of time (until October 19, 2012)to respond to Plaintiffs’ Second Amended Complaint. Defendants filed a Motion to Dismisswith Brief in Support on October 18, 2012. Accordingly, Defendants complied with the Order of this Court and their response to the Second Amended Complaint was timely. Finally, this Court
 
2finds that there was no misrepresentation by counsel for State Defendants in connection with theMotion for Extension of Time relating to the Second Amended Complaint.
IT IS THEREFORE ORDERED
that Plaintiffs’ Motion for Default Judgment againstthe Indiana Election Commission and the Indiana Secretary of State is
DENIED
this ____ day of __________, 2012.____________________________________Honorable S. K. ReidJudge, M
ARION
S
UPERIOR
C
OURT
14
Distribution:
Orly Taitz29839 Santa Margarita Pkwy, Ste 100Rancho Santa Margarita, CA 92688Karl Swihart460 Austin DriveAvon, IN 46123Edward Kesler3070 S. Leisure PlaceWest Terre Haute, IN 47885Frank Weyl701 N. Brentwood LaneMuncie, IN 47304Bob Kern12547 Crystal Point DriveIndianapolis, IN 46236Valeria I. Ripley14334 Tonkel RoadFort Wayne, IN 46845Greg Black P.O. Box 8451647 East Main Street, Suite APlainfield, IN 46168

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