Case 3:12-cv-05658-FLW-LHG Document 4 Filed 09/14/12 Page 1 of 2 PageID: 152

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY __________________________________________ : DEMOCRATIC-REPUBLICAN : ORGANIZATION OF NEW JERSEY, et al., : : Plaintiffs, : : v. : : KIMBERLY GUADAGNO, et al., : : Defendants. : __________________________________________:

Civil No. 12-5658 (FLW) ORDER TO SHOW CAUSE

This matter having been opened to the Court by Richard T. Luzzi, Esq., counsel for Plaintiffs, seeking declaratory and injunctive relief against Defendants via an Order to Show Cause; it appearing that, in their Complaint and request for an Order to Show Cause, Plaintiffs raise First and Fourteenth Amendment challenges to New Jerseys election laws, specifically, the state laws regulating the format and contents of the upcoming November 2012 general election ballots; it appearing that, on September 12, 2012, the Court held a conference call with Plaintiffs counsel, Mr. Luzzi, as well as Alan Stephens, Esq. and Donald Palombi, Esq., both Deputy Attorneys General representing Defendant Kimberly Guadagno, Lieut. Governor for the State of New Jersey; it further appearing that the Court held a second conference call on September 14, 2012, with Plaintiffs counsel and Alan Stephens, Esq., in which call Plaintiffs counsel informed the Court that, to date, all parties have not been served with the Complaint; it further appearing that, in their request for an Order to Show Cause, Plaintiffs seek accelerated relief, however, the Court notes that Plaintiffs did not file the instant request until September 11, 2012, although they were aware of the facts underlying their First and Fourteenth Amendment challenges several months earlier, in June of this

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year; it appearing that, in light of Plaintiffs failure to timely serve all parties, as well as Plaintiffs delay in filing their request for an Order to Show Cause, the Court may not be hearing this matter before all ballots are printed; nevertheless, the Court finds it appropriate to set an expedited briefing schedule; and for good cause shown: It is on this 14th day of September, 2012, ORDERED that oral argument is hereby scheduled for October 3, 2012 at 10 a.m.; and it is further ORDERED that Defendants shall file any opposition briefs by September 24, 2012; and it is further ORDERED that Plaintiffs shall file a reply brief by September 27, 2012; and it is further ORDERED that a copy of this Order to Show Cause, Plaintiffs Verified Complaint and Plaintiffs Legal Memorandum in Support of its Application of Accelerated Preliminary Declaratory and Injunctive Relief be served upon Defendants forthwith.

/s/ Freda L. Wolfson Freda L. Wolfson, U.S.D.J.