Arizona Democratic Party v. Arizona Republican Party et al
Arizona Democratic Party |
Arizona Republican Party, Donald J Trump for President Incorporated, Roger J Stone, Jr. and Stop the Steal Incorporated |
2:2016cv03752 |
October 31, 2016 |
US District Court for the District of Arizona |
Phoenix Division Office |
Maricopa |
John J Tuchi |
Voting |
28 U.S.C. ยง 1331 |
None |
Available Case Documents
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Filing 31 ORDER denying Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction 10 . The Court finds that Plaintiff has not demonstrated it is likely to succeed in showing the statements and actions of Defendants to-date constit ute intimidation, threat, coercion or force against voters for voting or attempting to vote in violation of the Voting Rights Act and/or the Ku Klux Klan Act. Moreover, Plaintiff has not shown the likelihood of a conspiracy as required for its Ku Klu x Klan Act claim. Plaintiff is thus not likely to succeed on the merits for either of its claims against Defendants. Although Plaintiff has demonstrated (1) a likelihood of irreparable injury if Defendants violate the Voting Rights Act and/or the Ku Klux Klan Act prior to or on Election Day; (2) that the balance of equities tips slightly in its favor; and (3) that, in such an instance, an injunction would be in the public interest, the Court must deny Plaintiff's request for injunctive reli ef before Election Day based on the record before the Court. The parties may continue to raise issues to this Court through Election Day if they receive additional, material evidence. FURTHER ORDERED denying as moot Defendant Roger J. Stone, Jr.'s oral motion to dismiss for lack of service and denying his oral motion to dismiss for lack of jurisdiction (see Doc. 24; Doc. 25, Tr. at 43). See Order for further details. Signed by Judge John J Tuchi on 11/4/16.(SJF) |
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