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Explain the status of this lawsuit to me. Dimaio vs DNC. [View All]

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-08 06:22 PM
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Explain the status of this lawsuit to me. Dimaio vs DNC.
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http://moritzlaw.osu.edu/electionlaw/litigation/DiMaiov.DemocraticNationalCommittee.php

Looks like it was closed on July 11, 2008. Then it was refiled? I am having trouble understanding this.

"In this case, Hillsborough County Democratic Executive Committee member Victor DiMaio has brought a declaratory judgment action against the Democratic National Committee (DNC) to determine whether the DNC violated federal law or national party rules when it decided to take away Florida's votes in the national presidential nominating convention. The DNC made this determination as a result of the State of Florida's decision to move its primary election to January 29, 2007. DNC rules prohibit states from having their presidential primary elections earlier than the first Tuesday in February, with specific exceptions for New Hampshire, Iowa, Nevada, and South Carolina. The complaint seeks a determination that the DNC's decision violates Article II and the 14th Amendment of the U.S. Constitution. Alternatively, the plaintiff asks the Court to determine whether the National Democratic Party and the State Democratic Party may implement an alternative Party-run delegate selection system which does not conflict with the National Party rules.

Appellate Court Documents (second appeal)
E-CIP Filed (filed 6/16/08)
Certificate of Interested Persons (filed 7/8/08)
DIS-2 (Letter to district court enclosing dismissal order) issued (filed 7/11/08)
Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant failed to file a Transcript Order Form within the time fixed by the rules.(filed 7/11/08)
CASE CLOSED - no prosecution (filed 7/11/08)
E-Brief Tendered: Appellant by Michael A. Steinberg (filed 7/21/08)"


Also this one:

http://moritzlaw.osu.edu/electionlaw/litigation/GellervDNC.php

"COMPLAINT against Democratic National Committee (filed 5/22/08)
Summons Issued as to Democratic National Committee (filed 5/22/08)
Order Requiring Counsel to Confer (entered 5/27/08)
MOTION for Summary Judgment and Memorandum in Support Thereof by Democratic National Committee (filed 6/12/08)
NOTICE by Democratic National Committee re MOTION for Summary Judgment (filed 6/12/08)
Affidavit of Philip McNamara (filed 6/12/08)
Statement of Material Facts as to which DNC Contends there is No Genuine Issue to be Tried (filed 6/12/08)
Unopposed MOTION for Extension of Time to File Response to MOTION for Summary Judgment (filed 6/24/08)
Proposed Order
ENDORSED ORDER granting Unopposed Motion for Extension of Time to Respond to MOTION for Summary Judgment (entered 6/27/08)

Will they never end?

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