Bonilla, et al v. Barnett, et al Doc.

Case 1:06-cv-00375-AWI-TAG Document 7 Filed 04/05/2006 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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JOSE BONILLA and RAFAEL ) CIV F 06-375 AWI SMS
11 RIVERA, )
) ORDER SETTING HEARING
12 Plaintiffs, ) DATE OF APRIL 7, 2006, ON
v. ) PLAINTIFFS’S MOTION FOR
13 ) TEMPORARY RESTRAINING
ANNE BARNETT, COUNTY OF KERN, ) ORDER
14 AND BOARD OF SUPERVISORS FOR )
COUNTY OF KERN, )
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Defendants. )
16 ____________________________________)
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This is a Voting Rights Act case brought by Plaintiffs against Kern County and Kern
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County officials regarding a ballot initiative, the “Keep Kern Clean Ordinance of 2006” (“the
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initiative”), that is to appear on the June 6, 2006, ballot. Plaintiffs contend that the Voting Rights
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Act has been violated, as explained by the recent Ninth Circuit case of Padilla v. Lever, 429 F.3d
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910 (9th Cir. 2005). Plaintiffs indicate that the Defendants will send the ballots to the printer on
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April 7, 2006. Plaintiffs seek a Temporary Restraining Order (“TRO”) and Preliminary
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Injunction forbidding Defendants from “processing, certifying, and/or placing [the initiative] on
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any election ballot, without first circulating the initiative and its statutory required title and
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summary in Spanish in compliance with the Voting Rights Act of 1965.” Plaintiffs’s Proposed
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Temporary Restraining Order. In the electronic filing docket entry, Plaintiffs indicate that a
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Dockets.Justia.com
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1 hearing on the TRO will be on April 7, 2006, at 8:00 a.m. Court’s Docket Document No. 2.
2 This date does not appear on the Court’s calendar. However, given the representation regarding
3 the printing of the ballots, the Court will hold a hearing on Plaintiffs’s requested TRO on the
4 requested date.
5 Accordingly, IT IS HEREBY ORDERED that:
6 1. The hearing on Plaintiffs’s TRO shall be on Friday, April 7, 2006, at 9:00 a.m. in
7 Courtroom 2, in the new federal courthouse located at 2500 Tulare St., Fresno, CA;
8 2. Defendants may file an opposition or notice of non-opposition to the TRO on or by 4:00
9 p.m., Thursday, April 6, 2006, or, given the time constraints involved, may oppose the
10 TRO at the hearing; and
11 3. Plaintiffs are directed to provide notice to Defendants of the hearing on the TRO
12 IMMEDIATELY upon receipt of this order.
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14 IT IS SO ORDERED.
15 Dated: April 5, 2006 /s/ Anthony W. Ishii
0m8i78 UNITED STATES DISTRICT JUDGE
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