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08-1550 - McComish et al v. Brewer et al


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08-1550 - McComish et al v. Brewer et al
September 26, 2008
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ORDER - IT IS ORDERED Plas may not require CEI to gather and analyze data in response to its discovery requests where the underlying data is publicly available. Where CEI has already performed the requested analysis or has requested documents on-hand, the fact that the data is publicly available does not excuse it from compliance with Plas' discovery requests. FURTHER ORDERED CEI shall respond fully to Plas' Third Request for Production operating under the definition of "expert" specified by Plas. Signed by Judge Roslyn O Silver on 9/26/08. (SAT)
October 17, 2008
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Plaintiffs have shown a very strong likelihood of success on the merits. However, given the extraordinary balance of the harms required in the context of an ongoing election, Plaintiffs have not met their burden in showing that they are entitled to a preliminary injunction. For this reason, Plaintiffs' Motion 43 was denied. Signed by Judge Roslyn O Silver on 10/17/08. (LSP)