STATE OF INDIANA COUNTY OF MARION ORLY TAITZ, KARL SWIHART, EDWARD KESLER, BOB KERN, and FRANK WEYL

) ) SS: )

IN THE MARION SUPERIOR COURT CAUSE NO. 49D14-1203-MI-012046

) ) ) ) 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 THE INDIANA ELECTION COMMISSION AND THE INDIANA SECRETARY OF STATE Plaintiffs, through their attorneys, moved this Court for a Default Judgment against the Indiana Election Commission and the Indiana Secretary of State. Defendants filed a Response and argument was heard by this Court on October 22, 2012. The Court -- having reviewed the filings submitted by both parties, having reviewed relevant authority, and having heard argument from both parties -- now finds that Plaintiffs Motion for Default Judgment against the Indiana Election Commission and the Indiana Secretary of State is DENIED. Specifically, this Court, by Order 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 Dismiss with 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

finds that there was no misrepresentation by counsel for State Defendants in connection with the Motion for Extension of Time relating to the Second Amended Complaint. IT IS THEREFORE ORDERED that Plaintiffs Motion for Default Judgment against the Indiana Election Commission and the Indiana Secretary of State is DENIED this ____ day of __________, 2012. ____________________________________ Honorable S. K. Reid Judge, MARION SUPERIOR COURT 14 Distribution: Orly Taitz 29839 Santa Margarita Pkwy, Ste 100 Rancho Santa Margarita, CA 92688 Karl Swihart 460 Austin Drive Avon, IN 46123 Edward Kesler 3070 S. Leisure Place West Terre Haute, IN 47885 Frank Weyl 701 N. Brentwood Lane Muncie, IN 47304 Bob Kern 12547 Crystal Point Drive Indianapolis, IN 46236 Valeria I. Ripley 14334 Tonkel Road Fort Wayne, IN 46845 Greg Black P.O. Box 845 1647 East Main Street, Suite A Plainfield, IN 46168

Jefferson Garn Kate Shelby Kenneth L. Joel Office of the Attorney General I.G.C.S 5th Floor 302 West Washington Street Indianapolis, IN 46204