Reply #8: NVRI: Federal Judge Sets Expedited Schedule for Lawsuit

[Wilms]

Thanks to eomer for posting the discussion:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x393884

The NVRI website, http://www.nvri.org , has two new posts about developments in the Ohio lawsuit.

It seems like depositions will begin almost immediately and that Blackwell, as a defendant, will be deposed by December 15. Am I reading that right? If so, Blackwell testifying under penalty of perjury sometime in the next three months - this should get interesting.

Here is the first NVRI post: http://www.nvri.org/about/ohio_recount.shtml

(September 14, 2005): Federal Court in Toledo, Ohio Sets Trial Date for Ohio Recount Case
In a major development, Federal Judge James G. Carr held a status hearing on August 30 in the Ohio recount cases and in the League of Women Voters case challenging Ohio's election system. Judge Carr agreed to consolidate the two recount cases (NVRI is co-lead counsel in both of these cases) and set a trial date for these cases for the week of August 22, 2006. Counsel for Kerry/Edwards 2004 made an appearance at the hearing and indicated its continued participation as an intervenor in this matter.

Judge Carr also set a schedule for discovery in the recount cases, with all discovery to be completed by May 1, 2006. While Judge Carr must still rule on the state's motion to dismiss, he allowed the plaintiffs to file discovery requests while that motion is pending.

We are now preparing for the potential of a critical and intense discovery phase in this litigation to demonstrate further what went wrong during the Ohio recount in December 2004, in support of our claims that the recount was not conducted in accordance with basic constitutional principles. We will keep you updated as this case moves forward, including a further update when Judge Carr issues his ruling on the state's motion to dismiss.


And here is the second: http://www.nvri.org/troubled_elections.shtml


Federal Judge Sets Expedited Schedule for Lawsuit Challenging Disenfranchisement in Ohio (September 15, 2005)
At a scheduling conference held August 30, 2005, Chief U.S. District Judge David Carr granted the plaintiffs' request for an expedited discovery process and trial date in League of Women Voters of Ohio v. Blackwell, a lawsuit in which we are seeking fundamental reform of Ohio's dysfunctional election process. Under the schedule established by Judge Carr, pre-trial discovery will proceed immediately, and will not be stayed to await a decision on the state defendants' pending motion to dismiss the complaint. Judge Carr set a trial date of June 13, 2006, with the aim of having a decision in advance of the 2006 elections. Depositions of the plaintiffs are to be completed by October 31, 2005, depositions of defendant and third party witnesses by December 15, 2005, and expert discovery is to be completed by February 15, 2006.

Filed in federal court in Toledo, the complaint chronicles deficiencies in Ohio elections going back more than three decades, including widespread problems with the voter registration system, the absentee and provisional ballot processes, the training of poll workers, the organization of polling places and precincts, and the allocation of voting machines. The lawsuit seeks to compel the state to uphold its constitutional obligation to provide for its citizens' right to register and vote. It also alleges Ohio has failed to meet its obligations under the Help America Vote Act. NVRI is partnering with the Lawyers' Committee for Civil Rights Under Law, Proskauer Rose LLP, Arnold & Porter LLP, People for the American Way Foundation, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, and Connelly, Jackson & Collier LLP, to provide representation to the plaintiffs in this case. For more information, see http://www.nvri.org/about/ohio_recount.shtml