ARIZONA SUPERIOR COURT, PIMA COUNTY HON. RICHARD E.

GORDON JUDGE COURT REPORTER: Barbara Short Courtroom - 486

KENNETH ALLEN Plaintiff VS. BARACK OBAMA, BRAD R NELSON, and DEMOCRATIC PARTY Defendants

STATUS CONFERENCE

Plaintiff is present. Defendants are not present.

The Court notes that it contacted the County Attorneys office for the reason that the relevant statute requires immediate action.

The Court, counsel, and Plaintiff confer regarding the deadline in which the Court is required to rule upon Plaintiffs Complaint for Constitutional Violations of the Article II section I clause 5 and Ballot Challenge pursuant to A.R.S. 16-351(B) and for Declaratory and Injunctive Relief. The Court notes that the deadline to rule on this motion is no later than March 5, 2012. Upon inquiry of the Court, Kenneth Allen states that service was not effectuated by personal service. Mr. Jurkowitz argues to the Court that service was not effectuated pursuant to Rule 4 of Ariz.R.Civ.P. and declines to waive service.

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The Court sets forth its concerns as to the jurisdictional limitations of Title 16 of the Arizona Revised

Statutes.

Kenneth Allen makes statements to the Court in response. Mr. Jurkowitz states no position as to whether the petition is proper having been filed pursuant to

A.R.S. 16-351.

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MINUTE ENTRY

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CASE NO. C20121046 DATE: February 23, 2012 Plaintiff Kenneth Allen In Proper Person Erin Butler Deputy Clerk

FILED PATRICIA NOLAND CLERK, SUPERIOR COURT 02/27/2012 2:43:10 PM By: Erin Butler

Daniel S. Jurkowitz, Esq. and Karen S. Friar, Esq. counsel for Defendant Brad R. Nelson

MINUTE ENTRY Page 2 Date: February 23, 2012

In the event that Kenneth Allen proceeds in dismissing the matter, he is directed to file said motion immediately.

The Court notes that the appearance of the County Attorney is limited to addressing only the matters involving the hearing this date.

The Court takes the issue of whether this matter is within the limitations of jurisdiction pursuant to A.R.S. Title 16 UNDER ADVISEMENT.

FILED IN COURT: Plaintiffs Initial Disclosure Pursuant to Rule 26; Proof of Service Service Order Dated February 21, 2012

LATER IN CHAMBERS:

The Court notes that ten (10) days applies regarding the deadline to rule on this motion; therefore, said motion shall be ruled upon no later than February 27, 2012.

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Hon. Richard E. Gordon Daniel S. Jurkowitz, Esq. Karen S. Friar, Esq. Kenneth Allen Clerk of Court - Under Advisement Clerk

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Case No.: Erin Butler Deputy Clerk

C20121046