STATE OF INDIANA ) IN THE MARION SUPERIOR COURT

) SS:
COUNTY OF MARION ) CAUSE NO. 49D14-1203-MI-012046

ORLY TAITZ, KARL SWIHART, )
EDWARD KESLER, BOB KERN, )
and FRANK WEYL )
)
Plaintiffs, )
)
v. )
)
INDIANA ELECTION COMMISSION, )
DEPUT Y ATTORNEY GENERAL )
JEFFERSON GARN, DEPUTY )
ATTORNEY GENERAL KATE )
SHELBY, 1310 RADIO/WTLC, )
AMOS BROWN, IN HIS OFFICIAL )
CAPACITY OF THE TALK SHOW )
HOST OF THE 1310 RADIO/WTLC )
INDIANA SECRETARY OF )
STATE, )
)
Defendants. )

ORDER ON PLAINTIFFS MOTION FOR DEFAULT JUDGMENT AGAINST THE
INDIANA ELECTION COMMISSION AND THE INDIANA SECRETARY OF STATE
Plaintiffs, through their attorneys, moved this Court for a Default Judgment against the
Indiana Election Commission and the Indiana Secretary of State. Defendants filed a Response
and argument was heard by this Court on October 22, 2012. The Court -- having reviewed the
filings submitted by both parties, having reviewed relevant authority, and having heard argument
from both parties -- now finds that Plaintiffs Motion for Default Judgment against the Indiana
Election Commission and the Indiana Secretary of State is DENIED. Specifically, this Court, by
Order issued October 3, 2012, granted Defendants an extension of time (until October 19, 2012)
to respond to Plaintiffs Second Amended Complaint. Defendants filed a Motion to Dismiss
with Brief in Support on October 18, 2012. Accordingly, Defendants complied with the Order of
this Court and their response to the Second Amended Complaint was timely. Finally, this Court

2

finds that there was no misrepresentation by counsel for State Defendants in connection with the
Motion for Extension of Time relating to the Second Amended Complaint.
IT IS THEREFORE ORDERED that Plaintiffs Motion for Default Judgment against
the Indiana Election Commission and the Indiana Secretary of State is DENIED this ____ day of
__________, 2012.
____________________________________
Honorable S. K. Reid
Judge, MARION SUPERIOR COURT 14

Distribution:

Orly Taitz
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita, CA 92688

Karl Swihart
460 Austin Drive
Avon, IN 46123

Edward Kesler
3070 S. Leisure Place
West Terre Haute, IN 47885

Frank Weyl
701 N. Brentwood Lane
Muncie, IN 47304

Bob Kern
12547 Crystal Point Drive
Indianapolis, IN 46236

Valeria I. Ripley
14334 Tonkel Road
Fort Wayne, IN 46845

Greg Black
P.O. Box 845
1647 East Main Street, Suite A
Plainfield, IN 46168

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Jefferson Garn
Kate Shelby
Kenneth L. Joel
Office of the Attorney General
I.G.C.S 5
th
Floor
302 West Washington Street
Indianapolis, IN 46204