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08-948 - Kurita v. State Primary Board of the Tennessee Democratic Party, The et al


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08-948 - Kurita v. State Primary Board of the Tennessee Democratic Party, The et al
October 14, 2008
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MEMORANDUM. Signed by Senior Judge Robert Echols on 10/14/08. (tmw)
October 14, 2008
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ORDER: For the reasons explained in the Memorandum entered contemporaneously herewith, the Court rules as follows: (1) Pltf Rosalind Kurita fails to state a legal claim against the Defts under Federal Rule of Civil Procedure 12(b)(6). Consequently, Pltf's Motion For Preliminary Injunction And Temporary Restraining Order 5 is hereby DENIED. Further, Pltf's requests in her Verified Complaint for declaratory judgment in her favor and a permanent injunction holding Tenn. Code Ann. ยง 2-17-104 unconstitutional on its face and as applied to her and directing that her name be placed on the general election ballot as the Democratic nominee for State Senate District 22, or alternatively, that the results of the general election for Senate District 22 be set aside and a special election held, are hereby DENIED, 1. (2) The Motion To Dismiss Or Abstain Filed By Defts Tennessee Democratic Party And State Primary Board of the Tennessee Democratic Party 36, the State Defts' Motion To Dismiss 32, and Deft Tim Barnes' Motion To Dismiss 23 & 31, are hereby GRANTED IN PART and DENIED IN PART. The Motions are GRANTED under Federal Rule of Civil Procedure 12(b)(6) because Pltf fails to state a legal claim against the Defts. The Motions are DENIED under Federal Rule of Civil Procedure 12(b)(1) because the Court does not lack federal subject matter jurisdiction over the lawsuit. (3) This case is hereby DISMISSED WITH PREJUDICE. (4) Entry of this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Signed by Senior Judge Robert Echols on 10/14/08. (tmw) Modified text on 10/14/2008 (tmw).
October 17, 2008
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ORDER denying 57 Plaintiff Rosalind Kurita's Motion for Injunction Pending Appeal. Signed by Senior Judge Robert Echols on 10/17/08. (af)