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    Kraken - Motion To Move Up Tro Hearing

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    paul weich
    This document is a motion filed by plaintiffs in a lawsuit against Arizona election officials seeking to decertify Arizona's 2020 presidential election results. The motion requests that the court schedule a hearing on the plaintiffs' previously filed motion for a preliminary injunction seeking to decertify the election results on December 8, 2020 after oral arguments are heard on pending motions to dismiss. The plaintiffs argue that a hearing is needed on an expedited basis given that presidential electors are scheduled to vote on December 14 and the claims would become moot if not addressed prior to that date.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Kraken - Motion To Move Up Tro Hearing

    Uploaded by

    paul weich
    835 views6 pages
    This document is a motion filed by plaintiffs in a lawsuit against Arizona election officials seeking to decertify Arizona's 2020 presidential election results. The motion requests that the court schedule a hearing on the plaintiffs' previously filed motion for a preliminary injunction seeking to decertify the election results on December 8, 2020 after oral arguments are heard on pending motions to dismiss. The plaintiffs argue that a hearing is needed on an expedited basis given that presidential electors are scheduled to vote on December 14 and the claims would become moot if not addressed prior to that date.

    Original Description:

    12/7/20

    Original Title

    Kraken - Motion to Move Up Tro Hearing

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    © © All Rights Reserved

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    This document is a motion filed by plaintiffs in a lawsuit against Arizona election officials seeking to decertify Arizona's 2020 presidential election results. The motion requests that the court schedule a hearing on the plaintiffs' previously filed motion for a preliminary injunction seeking to decertify the election results on December 8, 2020 after oral arguments are heard on pending motions to dismiss. The plaintiffs argue that a hearing is needed on an expedited basis given that presidential electors are scheduled to vote on December 14 and the claims would become moot if not addressed prior to that date.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    835 views6 pages

    Kraken - Motion To Move Up Tro Hearing

    Uploaded by

    paul weich
    This document is a motion filed by plaintiffs in a lawsuit against Arizona election officials seeking to decertify Arizona's 2020 presidential election results. The motion requests that the court schedule a hearing on the plaintiffs' previously filed motion for a preliminary injunction seeking to decertify the election results on December 8, 2020 after oral arguments are heard on pending motions to dismiss. The plaintiffs argue that a hearing is needed on an expedited basis given that presidential electors are scheduled to vote on December 14 and the claims would become moot if not addressed prior to that date.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    Case 2:20-cv-02321-DJH Document 56 Filed 12/07/20 Page 1 of 4

    1 Sidney Powell (admitted pro hac vice)


    Sidney Powell PC
    2 Texas Bar No. 16209700
    (517) 763-7499
    3
    Sidney@federalappeals.com
    4
    5 Alexander Michael del Rey Kolodin, AZ Bar No. 030826
    Alexander.Kolodin@KolodinLaw.com
    6 Christopher Viskovic, AZ Bar No. 0358601
    7 CViskovic@KolodinLaw.com
    KOLODIN LAW GROUP PLLC
    8 3443 N. Central Ave. Ste. 1009
    Phoenix, AZ 85012
    9 Telephone: (602) 730-2985
    10 Facsimile: (602) 801-2539

    11 Attorneys for Plaintiffs


    12 (Additional counsel listed on signature page)

    13 IN THE UNITED STATES DISTRICT COURT


    14 FOR THE DISTRICT OF ARIZONA
    15
    Tyler Bowyer, Michael John Burke, Nancy
    16 Cottle, Jake Hoffman, Anthony Kern, Case No.: 2:20-cv-02321-DJH
    Christopher M. King, James R. Lamon, Sam
    17 Moorhead, Robert Montgomery, Loraine
    Pellegrino, Greg Safsten, Salvatore Luke
    18 Scarmardo, Kelli Ward and Michael Ward; PLAINTIFFS’ MOTION FOR
    19 HEARING ON MOTION FOR
    Plaintiffs; PRELIMINARY INJUNCTION
    v.
    20
    21 Doug Ducey, in his official capacity as
    Governor of the State of Arizona, and Katie
    22 Hobbs, in her capacity as Secretary of State
    of the State of Arizona;
    23
    Defendants;
    24
    Maricopa County Board of Supervisors;
    25 and Adrian Fontes, in his official capacity
    as Maricopa County Recorder;
    26
    27 Intervenors.

    28 1
    District of Arizona admission scheduled for 12/9/2020.
    Case 2:20-cv-02321-DJH Document 56 Filed 12/07/20 Page 2 of 4

    1 COMES NOW Plaintiffs, by and through undersigned counsel, and moves the Court
    2 to schedule a hearing on Plaintiffs’ motion for a preliminary injunction on December 8,
    3 2020 after oral arguments on the motions to dismiss per the court’s order dated December
    4 5, 2020 [Dkt No. 43]. This Motion is brought pursuant to FRCP 65.
    5 In support, Plaintiffs show:
    6 1) Plaintiffs’ filed a Motion for Temporary Restraining Order, Motion for Preliminary
    7 Injunction on December 2, 2020 to, among other things, decertify the 2020 elections
    8 results. [Doc-2].
    9 2) Plaintiffs also filed a Motion to Seal on December 2, 2020 [Doc-14].
    10 3) On December 5, 2020, the Court issued a minute order rescheduling a scheduled
    11 hearing: IT IS ORDERED the Hearing set for Tuesday, December 8, 2020 at 9:15 AM on
    12 Plaintiffs' Motion for Temporary Restraining Order [Doc. 28] is hereby converted to Oral
    13 Argument on the pending Motions to Dismiss [Docs. 36, 37, 38, 40.]
    14 4) Each of Defendants’ Motions, 36, 37, 38 and 40, set for argument, constitute a
    15 Motion to Dismiss and a Response to Plaintiffs' Motion for Temporary Restraining Order
    16 and Preliminary Injunction.
    17 5) The Court further issued the minute order to say: IT IS FURTHER ORDERED the
    18 Hearing on Plaintiffs' Motion for Temporary Restraining Order [Doc. 2] is reset to
    19 Thursday, December 10, 2020 at 9:30 AM.
    20 6) The parties have fully briefed the Motion for Preliminary Injunction filed December
    21 2, 2020.
    22 7) Plaintiffs move, pursuant to FRCP 65, for a hearing on their motion for a preliminary
    23 injunction which seeks, among other things, an order decertifying the 2020 Arizona
    24 presidential election results. Plaintiffs are Arizona’s Republican Presidential electors.
    25 Electors are seated and vote for President on December 14, 2020. If Plaintiffs’ preliminary
    26 injunction motion is not set for a hearing immediately, there will be insufficient time for
    27 this court to rule and for the parties to obtain appellate review before the claims asserted
    28 become moot.

    -2-
    Case 2:20-cv-02321-DJH Document 56 Filed 12/07/20 Page 3 of 4

    1 8) All parties are on notice of the current date for arguments.


    2 9) The parties met to confer on December 6, 2020, and discussed merit-based hearing
    3 issues and have exchanged exhibits and witness lists.
    4 10) There is no prejudice to Defendants since the Plaintiffs’ Motion is fully briefed on
    5 the preliminary injunctive relief.
    6 11) Accordingly, Plaintiffs respectfully request the Court to schedule a hearing on their
    7 motion for a preliminary injunction commencing December 8, 2020, after oral arguments
    8 on the motions to dismiss.
    9 Respectfully submitted this 7th day of December, 2020
    10

    11
    /s/ Howard Kleinhendler
    12
    Howard Kleinhendler (New York Bar No. 2657120)
    13 Howard Kleinhendler Esquire
    369 Lexington Ave. 12th Floor
    14 New York, New York 10017
    (917) 793-1188
    15 howard@kleinhendler.com
    Alexander Kolodin
    16 Sidney Powell PC Kolodin Law Group PLLC
    Texas Bar No. 16209700 AZ Bar No. 030826
    17
    2911 Turtle Creek Blvd, Suite 300 3443 N. Central Ave Ste 1009
    18 Dallas, Texas 75219 Phoenix, AZ 85012
    19 *Application for admission pro hac vice
    forthcoming
    20
    Of Counsel:
    21 Emily P. Newman (Virginia Bar No. 84265)
    Julia Z. Haller (D.C. Bar No. 466921)
    22 Brandon Johnson (D.C. Bar No. 491730)
    23 2911 Turtle Creek Blvd. Suite 300
    Dallas, Texas 75219
    24
    *Application for admission pro hac vice Forthcoming
    25
    L. Lin Wood (Georgia Bar No. 774588)
    26 L. LIN WOOD, P.C.
    P.O. Box 52584
    27 Atlanta, GA 30305-0584
    Telephone: (404) 891-1402
    28

    -3-
    Case 2:20-cv-02321-DJH Document 56 Filed 12/07/20 Page 4 of 4

    1 .

    10

    11

    12
    CERTIFICATE OF SERVICE
    13

    14
    I hereby certify that on December 5th, 2020, I electronically transmitted the
    15
    foregoing document to the Clerk’s Office using the CM/ECF System for filing and
    16
    transmittal of a Notice of Electronic Filing to the CM/ECF registrants on record.
    17

    18
    By: /s/ Chris Viskovic
    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    -4-
    Case 2:20-cv-02321-DJH Document 56-1 Filed 12/07/20 Page 1 of 2

    1
    2
    3
    4
    5
    6
    IN THE UNITED STATES DISTRICT COURT
    7
    FOR THE DISTRICT OF ARIZONA
    8
    9 Tyler Bowyer, Michael John Burke, Nancy Cottle,
    Jake Hoffman, Anthony Kern, Christopher M. Case No. 2:20-cv-02321-DJH
    10 King, James R. Lamon, Sam Moorhead, Robert
    Montgomery, Loraine Pellegrino, Greg Safsten, PROPOSED ORDER
    11 Salvatore Luke Scarmardo, Kelli Ward and
    Michael Ward; GRANTING PLAINTIFFS’
    12 MOTION FOR HEARING ON
    Plaintiffs, MOTION FOR PRELIMINARY
    13 INJUNCTION
    v.
    14
    Doug Ducey, in his official capacity as Governor
    15 of the State of Arizona, and Katie Hobbs, in her
    capacity as Secretary of State of the State of
    16 Arizona;

    17 Defendants.

    18 Maricopa County Board of Supervisors; and


    Adrian Fontes, in his official capacity as
    19 Maricopa County Records;

    20 Intervenors.

    21 THE COURT has before it Plaintiffs’ Motion for Hearing on Motion for Preliminary
    22 Injunction filed December 7, 2020.
    23 For the reasons set forth in Plaintiffs’ Motion for Hearing on Motion for Preliminary
    24 Injunction and good cause appearing:
    25
    26 IT IS HEREBY ORDERED THAT:

    27
    28
    Case 2:20-cv-02321-DJH Document 56-1 Filed 12/07/20 Page 2 of 2

    1 1. A hearing on Plaintiffs’ Motion for Preliminary Injunction be held on December


    2 8, 2020 after oral arguments on the Motions to Dismiss.
    3

    4 DATED this _____ day of _________________, 2020.


    5

    7 Honorable ________________________
    8 United States District Judge
    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    -2-

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