|
You may view the order in pdf format.
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.
______________________________
ORDER
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
Copies furnished to:
Counsel of Record
Unpresented Party
Updated July 25, 2008
|
