Docs filed by Cobb in federal court yesterday.

[merh]

U.S. District Court
Southern District of Ohio (Columbus)
CIVIL DOCKET FOR CASE #: 2:04-cv-01139-EAS-TPK

Plaintiff, Delaware County Prosecuting Attorney
David A. Yost, Delaware County Prosecuting Attorney

Plaintiff, Delaware County Board of Elections

V.

Defendant National Voting Rights Institute aka NVRI

Defendant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

V.

Intervenor Defendant KERRY-EDWARDS 2004 INC

V.

Counter Defendant, J Kenneth Blackwell

Amicus, County Commissioners' Association of Ohio
County Commissioners' Association of Ohio

Amicus, Ohio Association of Election Officials
Ohio Association of Election Officials

Counter Claimant, National Voting Rights Institute aka NVRI

Counter Claimant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

Counter Claimant Michael Badnarik, Libertarian Party Candidate through National Voting Rights Institute aka NVRI

V.

Counter Defendant, Delaware County Board of Elections

----------------------------------------------

12/23/2004 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)

12/23/2004 34 Supplemental Memorandum Supporting re 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Affidavit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit)(Kerger, Richard) (Entered: 12/23/2004)

12/23/2004 35 Proposed Pretrial Order by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)

[regularjoe]

1. I'm confused. Sounds like it is everyone v. counter everyone. Some help?

[KaryninMiami]

2. Great- thanks for posting this. Can anyone explain what it all means?

Any attorneys around today that can give us some insight? Is there more info that we can read or is this all that was filed?

[cornermouse]

3. MOTION for Order to Preserve and for Leave to Take Limited

Expedited Discovery. That's what its about.
---------------------------------------------
Who's doing it to who

Plaintiff, Delaware County Prosecuting Attorney
David A. Yost, Delaware County Prosecuting Attorney

Plaintiff, Delaware County Board of Elections

V.

Defendant National Voting Rights Institute aka NVRI

Defendant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

V.

Intervenor Defendant KERRY-EDWARDS 2004 INC

V.

Counter Defendant, J Kenneth Blackwell

Amicus, County Commissioners' Association of Ohio
County Commissioners' Association of Ohio

Amicus, Ohio Association of Election Officials
Ohio Association of Election Officials

Counter Claimant, National Voting Rights Institute aka NVRI

Counter Claimant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

Counter Claimant Michael Badnarik, Libertarian Party Candidate through National Voting Rights Institute aka NVRI

V.

Counter Defendant, Delaware County Board of Elections

Why?

[Gman]

4. It looks like the defendants are the good guys

except for Blackwell. I'm confused too.

[SueZhope]

5. Is that a different Ohio court from were kerry was going to file? n/t

[DrDebug]

It says yesterday and Columbus

So this must be the document... but I can't read documents like that either...

[understandinglife]

6. That is the US District Court where Senator Kerry was to have filed..

...per information provided in Will Pitt's article:
http://www.truthout.org/docs_04/122404Y.shtml

Peace.

[Viva_La_Revolution]

7. Kickin'

for explainations...

[SueZhope]

13. THANKS!! n/t

[sword]

8. This is not a court filing document

Besides, Southern District Court of Ohio has electronic case filing.

You do NOT have to appear in court to file a case with electronic case filing. Something is fishy with this "document".

[Viva_La_Revolution]

9. pardon my curiosity....

but you are speaking from what level of professional expertise?

[sword]

11. Here is the link for electronic filing of cases

http://www.ohsd.uscourts.gov/cmecf.htm

Almost EVERY attorney in Ohio can file electronically. There is NO DOUBT the attorneys for Cobb et al have access to this electronic filing.

Sorry, I am positive this document does not represent any filing. Also, no such case number at Ohio as on the document.

[merh]

17. Yo rocket scientist - never, ever doubt the legitimacy of my posts

go to https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx and create your own login. Then search the Ohio civil cases. You will then be able to pull up the docket (which my original represesents - the last 3 filings on the docket). If you don't know what a docket is, it is the index of the filings in a court case.

Pacer Service is the electronic recording service that makes the dockets (and pleadings if electronic filing is available) available on line.

Don't challenge the the credibility of my post, just know what the F you are looking at. It is a partial docket, not a filing.

[rehema]

27. Cobb, et al file MOTION electronically 12/23/04 n/t

[newyawker99]

28. Hi sword!!

Welcome to DU!! :toast:

[shraby]

10. Do you have a link? n/t

[sword]

12. See above post by Sword.

[merh]

18. Go to the pacer services sign on site

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

Set up your own login and then you can pull it up!

If you don't believe the post, then wait till next week and go look at the docket at the courthouse. It is a waste of time, but you can do it if you like.

[georgia10]

14. This is a real case

It was filed by the BoE against Cobb et. al, seeking to enjoin them from "directly or indirectly requesting, requiring, or mandating the Board perform a hand or any other form of recount of the votes cast in Ohio for president."

Delaware County refused to do the recount, and claimed that Cobb et. al. had not right to a recount under Ohio law. This was after Cobb filed his petition for a recount in federal court. Around Nov. 24, I think, Blackwell sent out a memo to Delaware County and throughout Ohio telling them to cease the recount. So Delaware County sued Cobb to stop the recount. They also filed for and were granted a TRO to have them cease and desist. At this point, the Kerry camp jumped in as an "intervening" defendant to help out.

The case was filed initially in state court, then removed to Federal Court. The motion was granted, and the case removed to Federal Court in the beginning of December.

Blackwell was joined later as a necessary Defendant by Cobb, in his capacity of SoS.

In their answer, Cobb also filed several counterclaims, namely, that Delaware County and Blackwell were depriving them of their statutory right to a recount.

Afterward, they filed for a preliminary injection asking the Court to force Blackwell to order a statewide recount.

There's been many motions filed back and forth, all of which you can read at http://moritzlaw.osu.edu/electionlaw/key-recounts.html.

The excerpt provided in the original post is merely some text from a motion filed with respect to this case, asking to expedite discovery and preserve evidence.

Hope this helps :)

[TexasChick]

16. Thanks, georgia10! I'm starting to understand this a little bit better

thanks to your great explanation. I get really confused on this court filing stuff. LOL! :)

[merh]

19. The text

is the last 3 filings made in that case as reflected on the docket available at https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

[understandinglife]

21. Just to 'back you up' on certain claims made elsewhere in this thread...

.....I created an account on PACER, paid the damn page fee, located the several documents added to the docket on 23 Dec 2004.

And, have used my trusty adobe cut/paste to exercpt just enough text from one of the 3 documents, i.e. the "(proposed)Order" to indicate that I was really at the site:
https://ecf.ohsd.uscourts.gov/

Text quote: (PROPOSED) ORDER

Upon consideration of Defendants/Counter-Plaintiffs’ Motion for an Order of Preservation and Leave to Take Limited Expedited Discovery, any opposition thereto,........"

And header information of the Proposed Order:

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO

STATE EX. REL DAVID YOST, )
ET AL. )
)
Plaintiffs, ) Civil Action No. C2-04-1139
) (ES/TK)
v. )
)
NATIONAL VOTING )
RIGHTS INSTITUTE, ET AL. )
)
Defendants )
)
And )
)
KERRY-EDWARDS 2004, INC. )
)
Intervenor-Defendant )
)
___________________________________ )
)
NATIONAL VOTING )
RIGHTS INSTITUTE, ET AL. )
)
Counter-Plaintiffs, )
)
v. )
)
DELAWARE COUNTY BOARD )
OF ELECTIONS )
)
And )
)
J. KENNETH BLACKWELL, )
)
Counter-Defendants )
___________________________________ )


As to how much Senator Kerry is "in", or "committed" or whatever -- this document lists Kerry-Edwards04 as "Intervenor-Defendent" and it is one of three separate docket listings and a total of 14 documents (including 10 affidavits), all of which (including supplemental documents) have Kerry-Edwards04 as "Intervenor-Defendents."

Hope that helps.

Peace

[merh]

22. Sorry you had to go to that expense,

but now that you have an account, you can check to see if your favorite repukes or hate talkers have ever been sued in federal court. The search function is free. The fees are charged if you download dockets and documents.

Thanks for the back up - some people doubt everything and everyone.
:thumbsup:

[understandinglife]

23. Happy to spend the $$: I agree we should all do due diligence..

...but, when someone shows up with zip credentials and just starts bashing someone, rather than call'um a troll or whatever, I just dig in, see what I can learn, and try to be supportive. In this case, given that I'm a quantitative systems biologist and have never searched a legal documents database in my life, it was educational and fun.

All is well.

Onward to saving our franchise of democracy on 6 Jan 2005 and creating a tradition of citizens do everything, everyday to protect it from the peril currently confronting the franchise and Constitution.

[merh]

24. I proudly fight beside you for our nation!

Thanks again! And Merry, Kerry, Christmas! and a DU New Year!

[georgia10]

15. Here's the DU link to the press release about this

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=194100&mesg_id=194100

Like I stated above, don't get confused by the caption of the case. Just because the BoE sued them first, at this point, because of the crossclaims, both are essentially plaintiffs and defendants.

[GetTheRightVote]

20. thank you for the link, it was getting a little confusing

:bounce:

[garybeck]

25. finally FEDERAL court

Ohio state courts seem like a dead end.

[merh]

26. This action was originally filed 11/30/04

just goes to show you how well the MSM reports things!
Merry, Kerry Christmas!

[libertypirate]

29. Looks like they tried to sum up anyone....

who might be fighting on behalf of the people of Ohio. It looks like everyone but the peope of Ohio as a matter of fact.