Order

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

UNITED STATES OF AMERICA      
                                                            
          Plaintiff,                                    
                                                            
                 v.                                                        CIVIL ACTION NO. 6:05-cv-1053-ORL-31 DAB
                                                            
OSCEOLA COUNTY, FLORIDA,      
and DONNA BRYANT, Supervisor    
of Elections,                                         
                                                             
Defendants.                                          
______________________________

       The Plaintiff, United States of America, has moved for a preliminary injunction, pursuant to 42 U.S.C. § 1973j(d), Rule 65 of the Federal Rules of Civil Procedure, and Local Rule 4.06 (Doc. 26) to enjoin Osceola County, Florida and Donna Bryant, the County's Supervisor of Elections, their agents and all persons acting in concert with them, from seeking to hold or administer elections for open seats of the Osceola Board of County Commissioners until a final remedy is implemented un §2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, to cure the dilution of Hispanic votes caused by the County's at-large method of electing county commissioners.

       On September 28, 2005, the Court entered a Scheduling Order (Doc. 19) outlining a timetable for the phase I preliminary hearing. Pursuant thereto, the parties conducted extensive discovery and submitted memoranda of law. An evidentiary hearing was held June 21-23, 2006, with the closing arguments on June 26, 2006. At the hearing, the parties presented extensive evidence, including testimony of numerous experts adn their supporting documentation.

       Because qualifying for the upcoming elections of two seats on the county commission is just three weeks away, it was necessary for the Court to fule from the bench. For the reasons stated in open court on June 26, 2006 it is

       ORDERED that Plaintiff's Motion for Preliminary Injunction is GRANTED. Defendants, Osceola County and Donna Bryant, their agents and all persons acting under thier direction, are hereby ENJOINED from proceeding with the election of county commissioners until further order of the Court.

       DONE and ORDERED in Chambers, Orlando, Florida on June 26, 2006.

                                            ______/s/______________
                                            Judge Gregory Presnell

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