leonard green

Case: 08-6245 Document: 00614312123 No. 08-6245 Filed: 12/03/2008 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ROSALIND KURITA, Plaintiff-Appellant, v. THE STATE PRIMARY BOARD OF THE TENNESSEE DEMOCRATIC PARTY, et al., Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) Dec 03, 2008 LEONARD GREEN, Clerk ORDER Before: GIBBONS and COOK, Circuit Judges; STEEH, District Judge.* The plaintiff appealed a judgment dismissing her civil rights action in which she had sought injunctive relief placing her name on the November 4, 2008 general election ballot as the candidate of the Democratic Party for state senator in Senate District 22, or, in the alternative, setting aside the results of the general election for that race and ordering a special election for that senate seat. She also filed motions for an injunction pending appeal and for expedited consideration of her appeal. Because of the exigent nature of the appeal, this court denied the motion for an injunction pending appeal on October 24, 2008. Subsequently, the candidate designated as the nominee of the Democratic Party won the general election.1 Still pending before this court is the plaintiff’s motion to expedite the consideration of her appeal. She suggests a very abbreviated briefing schedule to be followed by oral argument in early December 2008. Such a schedule, she asserts, would allow this court “to grant her requested relief of a special election, to occur prior to January 13, 2009, when the Tennessee Senate reconvenes.” The defendants have all filed responses in opposition to such expeditious consideration of the appeal. The Honorable George Caram Steeh, United States District Judge for the Eastern District of Michigan, sitting by designation. 1 * The plaintiff ran in that election as a write-in candidate. Case: 08-6245 Document: 00614312123 No. 08-6245 -2- Filed: 12/03/2008 Page: 2 The rules of this court provide that a party seeking to expedite an appeal must demonstrate good cause for such a request. See 6 Cir. R. 27(f) and 34(b). Given the extraordinary expedition sought by the plaintiff, we conclude that good cause must include consideration of the likelihood of success of the appeal as well as the burden such expedition would place on the other parties and this court. In denying the plaintiff’s motion for an injunction pending appeal, this court has already stated that the plaintiff has not shown a likelihood that she will succeed on the merits of her appeal. Because she requests that her motion for an injunction be construed as her appellate brief in this appeal, the plaintiff would present no new arguments not already considered by this court in reaching the above preliminary conclusion. Both the court and the parties would benefit by the initiation of a normal briefing schedule which would permit full and deliberate review in this matter. Should the plaintiff prevail on appeal, moreover, the interests of the State of Tennessee would benefit from a more orderly procedure to schedule a special election. In the meantime, the interests of the residents and voters of Senate District 22 are best served in the interim by having the elected candidate serve in the Senate pending review in this appeal. For these reasons, we conclude that the plaintiff has not shown good cause warranting the requested extraordinary expedition of appellate review in this case. It therefore is ORDERED that the motion for expedited review is denied. The clerk shall initiate a normal briefing schedule for this appeal. ENTERED BY ORDER OF THE COURT Leonard Green Clerk Case: 08-6245 Document: 00614312180 Filed: 12/03/2008 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Leonard Green Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: December 03, 2008 Mr. George E. Barrett Mr. Edmund L. Carey, Jr. Mr. Douglas S. Johnston, Jr. Barrett, Johnston & Parsley 217 Second Avenue, N. Nashville, TN 37201 Mr. James Bopp Jr. Bopp, Coleson & Bostrom One S. Sixth Street Terre Haute, IN 47807 Mr. William Helou Ms. Janet M. Kleinfelter Office of the Tennessee Attorney General P.O. Box 20207 Nashville, TN 37202 Mr. Wade Brantley Phillips Jr. Mr. Jeffrey P. Yarbo Bass, Berry & Sims 315 Deaderick Street Suite 2700 AmSouth Center Nashville, TN 37238 Mr. Robert Thomas Rochelle Mr. Tom Price Thompson III Rochelle, McCulloch & Aulds 109 N. Castle Heights Avenue Lebanon, TN 37087 Mr. James G. Stranch III Mr. Michael J. Wall Branstetter, Stranch & Jennings 227 Second Avenue, N. Fourth Floor Nashville, TN 37201 Case: 08-6245 Document: 00614312180 Filed: 12/03/2008 Page: 2 Re: Case No. 08-6245 , Rosalind Kurita v. The State Primary Board of the, et al Originating Case No. : 08-00948 Dear Counsel: The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Patricia J. Elder Senior Case Manager Direct Dial No. 513-564-7034 Fax No. 513-564-7096 Enclosure