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Northeast Ohio Coalition for the Homeless v. Blackwell

October 27, 2006

THE NORTHEAST OHIO COALITION FOR THE HOMELESS, ET AL. PLAINTIFFS,
v.
J. KENNETH BLACKWELL, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF OHIO DEFENDANT.



The opinion of the court was delivered by: Judge Algenon L. Marbley

ORDER

This matter comes before the Court by way of a Motion to Quash Subpoena and Objection to Production of Documents of the Lucas County Board of Elections submitted by the Lucas County Prosecuting Attorney. Upon review of the Motion and discussions with Plaintiffs and Defendant in this matter, the Court hereby DENIES said Motion.

The Court finds that the categories of documents requested by Plaintiffs are reasonable. The request is narrowly tailored to achieve the ends of discovery as authorized by this Court pursuant to its Order authorizing expedited discovery. The documents will likely be limited in scope and limited in number consisting of the Directives of the Secretary of State and any internal memoranda that deal with voting procedures under the voting regime authorized by House Bill 3.

In the same vein, Plaintiffs' request for the telephonic deposition on Monday, October 30, 2006 is also reasonable given the expedited nature of this matter. Therefore, the Prosecutor's Motion to Quash Plaintiffs' subpoena to testify at a telephone deposition and objection to Plaintiffs' request to produce documents is DENIED.

IT IS SO ORDERED.

ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE

DATED: October 26, 2006

20061027

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