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STATE OF INDIANA

)

IN THE MARION SUPERIOR COURT

 

) SS:

COUNTY OF MARION

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CAUSE NO. 49D14-1203-MI-012046

ORLY TAITZ, KARL SWIHART,

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EDWARD KESLER, BOB KERN,

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and FRANK WEYL

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)

Plaintiffs,

)

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v.

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)

INDIANA ELECTION COMMISSION,

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DEPUT Y ATTORNEY GENERAL

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JEFFERSON GARN, DEPUTY

)

ATTORNEY GENERAL KATE

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SHELBY, 1310 RADIO/WTLC,

)

AMOS BROWN, IN HIS OFFICIAL

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CAPACITY OF THE TALK SHOW

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HOST OF THE 1310 RADIO/WTLC

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INDIANA SECRETARY OF

)

STATE,

)

)

Defendants.

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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

2

Jefferson Garn

Kate Shelby

Kenneth L. Joel

Office of the Attorney General

I.G.C.S – 5 th Floor

302 West Washington Street

Indianapolis, IN 46204