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IN THE UNITED STATES DISTRICT COURT
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SACKS TIERNEY
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Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 2 of 4
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Plaintiffs Navajo Nation, on its own behalf and on behalf of its members, and Joyce
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Nez and Ashley Atene, Sr. request leave of Court to withdraw its Emergency Motion for
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Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction (“TRO
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Motion”), Doc. 2, filed on Tuesday, November 20, 2018 and request that the hearing on the
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TRO Motion, set for November 26, 2018 (See Doc. 11), be vacated. In support of this
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Motion, Plaintiffs respectfully state:
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1. Since the filing of the TRO Motion, the Navajo Nation has been in
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communication with the Navajo County Attorney’s Office, Coconino County Attorney’s
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Office, and the Apache County Attorney’s Office regarding the obstacles to voting
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experienced by Navajo voters and identified in the Plaintiffs’ Verified Complaint for
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Injunctive and Declaratory Relief (the “Complaint”).
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P.A., ATTORNEYS
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with the Navajo Nation to resolve the voting problems faced by Navajo Nation members and
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3. The Navajo Nation has advised a representative of each of the Navajo County
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Attorney’s Office, Coconino County Attorney’s Office, and the Apache County Attorney’s
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Office that it intends to request leave to withdraw the TRO Motion and vacate the hearing,
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and none of the Defendant Counties objects.
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4. The Navajo Nation has similarly advised by email the Assistant Attorney
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General for the State of Arizona of its intention to request leave to withdraw its TRO Motion
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and vacate the hearing.
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5. The Plaintiffs intend to pursue the claims in its Complaint but will work with
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the Defendant parties to reach a settlement.
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WHEREFORE, Plaintiffs request that the Court grant the Plaintiffs Motion to
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withdraw the TRO and vacate the November 26, 2018 Hearing.
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DATED this 25th day of November, 2018.
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SACKS TIERNEY P.A.
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4 By: s/Patty A. Ferguson
Patty A. Ferguson
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Judith M. Dworkin
6 Joe W. Keene
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Ethel B. Branch
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Paul Spruhan
9 NAVAJO NATION DEPARTMENT OF JUSTICE
Attorneys for the Navajo Nation
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P.A., ATTORNEYS
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Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 4 of 4
1 CERTIFICATE OF SERVICE
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I hereby certify that on November 25, 2018, I electronically transmitted the
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foregoing PLAINTIFFS’ MOTION TO WITHDRAW EMERGENCY MOTION
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FOR TEMPORARY RESTRAINING ORDER AND TO VACATE HEARING SET
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FOR NOVEMBER 26, 2018 to the Clerk’s Office using the CM/ECF System for filing.
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11 s/Rebecca C. Urias
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