Order: LIBERTARIAN PARTY OHIO Vs OHIO SECRETARY STATE VS.OHIO SECRETARY STATE ET AL

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                                Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 10 4:06 PM-16CV000554
0D179   -   Cl




                                             IN THE COURT OF COMMON PLEAS
                                                  FRANKLIN COUNTY, OHIO


            LIBERTARIAN PARTY OF OHIO,                            CASE NO.: 16-cv-554

                                        Plaintiff,
                                                                  JUDGE DAVID C. YOUNG
            VS.


            JON HUSTED, et al.,

                              Defendants.


                                PLAINTIFF'S MOTION FOR LEAVE TO FILE NOTICE
                                   OF SUPPLEMENTAL AUTHORITY INSTANTER

                       Now   comes Plaintiff and hereby moves the Court for an Order granting leave to file

            instanter its Notice of Supplemental Authority.     A memorandum         in support of this motion is

            attached hereon that more fully sets forth the grounds for this motion




                                                                  Respectfully submitted,

                                                                   s/ MG. Kafantaris
            Mark R. Brown (# 81941)                               Mark G. Kafantaris (#80392)
            303 E. Broad Street                                   625 City Park Avenue
            Columbus, Ohio 43215                                  Columbus, Ohio 43206
            Tel:       (614) 236-6590                             Tel    (614) 223-1444
            Fax:       (614) 236-6956                             Fax    (614) 300-5123
            E-mail: mbrown@law.capital.edu                        E-mail: mark@kafaniaris.com

                                                                  Attorneys for Plaintiff
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 10 4:06 PM-16CV000554
0D179   -   Cl




                                              MEMORANDUM           IN SUPPORT

                       On August 8, Plaintiff filed a Notice of Supplemental Authority bringing to the Court’s

            attention a recent decision of the Supreme Court of the United States that was decided after

            briefing of Plaintiff's pending Motion      for New    Trial.   Plaintiff submits that the decision is

            germane to the issues at hand and thus supplemented it in an effort to assist the Court with

            disposition of the motion. Defendants have today filed a motion to strike to the extent prior leave

            was not obtained.     A review of the Local Rules of this Court reveals nothing expressly requiring

            leave to supplement the record with newly decided authority.        Defendants argue that Local Rule

            21 requires leave by negative implication.      But that rule speaks to the briefing of motions and

            not the supplementing of newly decided relevant authority that has arisen after a motion has been

            fully briefed.    While Defendants may find the new authority troubling to their case, this is no

            reason for it not to be brought to the Court’s attention..

                       Out if an abundance of caution and to the extent the Local Rules and the Court require

            leave, Plaintiff respectfully moves now to have its Notice of Supplemental Authority cured

            instanter on the grounds that the authority is new since the Motion for New Trial was fully

            briefed.     Moreover, of the supplemental authority will assist the Court with resolution of the

            Motion.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 10 4:06 PM-16CV000554
0D179   -   Cl




                                                       CONCLUSION

                      WHEREFORE,      Plaintiff prays that the Court grant it leave to file instanter its Notice of

            Supplemental Authority originally submitted on August 8, 2016.




                                                                   Respectfully submitted,

                                                                    8/_M.G. Kafantaris
            Mark R. Brown (# 81941)                                Mark G. Kafantaris (#80392)
            303 E. Broad Street                                    625 City Park Avenue
            Columbus, Ohio 43215                                   Columbus, Ohio 43206
            Tel    (614) 236-6590                                  Tel:    (614) 223-1444
            Fax    (614) 236-6956                                  Fax:    (614) 300-5123
            E-mail: mbrown@law.capital.edu                         E-mail: mark@kafaniaris.com

                                                                   Attorneys for Plaintiff


                                              CERTIFICATE OF SERVICE

                    I hereby certify that copies of this Motion were filed using the Court's electronic
            transmission service and will be served on counsel of all parties of record.

                                                                     s/M.G. Kafantaris
                                                                   Mark G. Kafantaris