Gonidakis et al v. Ohio Redistricting Commission et al, No. 2:2022cv00773 - Document 82 (S.D. Ohio 2022)
Court Description: OPINION AND ORDER granting 73 Emergency MOTION to Vacate Stay and For Immediate Appointment of a Three-Judge Panel. Signed by Chief Judge Algenon L. Marbley on 3/18/2022. (cw)
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Gonidakis et al v. Ohio Redistricting Commission et al Doc. 82 Case: 2:22-cv-00773-ALM-ART-BJB Doc #: 82 Filed: 03/18/22 Page: 1 of 2 PAGEID #: 1151 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL GONIDAKIS, et aL, Plaintiffs, Case No. 2:22-cv-0773 Chief Judge Algenon L. Marbley v. Magistrate Judge Elizabeth P. Deavers OHIO REDISTRICTING COMMISSION, ef a/., Defendants. OPINION & ORDER Having reviewed Plaintiffs' Emergency Motion (ECF No. 73) for appointment of a threejudge panel, and the parties' responses thereto (ECF Nos. 76-81), the Court concludes that this case should come before a panel to determine the path forward. Following the Ohio Supreme Court's recent decision invalidating the Commission's third map, see League of Women Voters of Ohio v. Ohio Redistricting Comm'n, 2022-Ohio-789, the question before this Court now exceeds a simple ripeness issue of whether state processes remain ongoing, and instead implicates the willingness and ability of state branches timely to perform their redistricting duty. Cf Growe v. Emison, 507 U.S. 25, 33-34, 36-37 (1993). The former is a straightforward justiciability ruling that may be entered by a single Judge, see Gonzalez v. Automatic Emps. Credit Union, 419 U.S. 90, 100 (1974); the latter demands a more searching analysis that approaches the province of a panel. The Court suggests no view on the propriety of a renewed stay while state processes continue on a fourth map, but it finds the parties' arguments on that issue are more appropriate before a panel. Dockets.Justia.com Case: 2:22-cv-00773-ALM-ART-BJB Doc #: 82 Filed: 03/18/22 Page: 2 of 2 PAGEID #: 1152 Accordingly, the stay entered by the Court at the status conference of March 14. 2022, is LIFTED. The Chief Judge of the Sixth Circuit Court of Appeals has been notified of the panel request, per 28 U.S.C. § 2284(b)( 1). His Order appointing a panel will follow on the docket. The Clerk shall terminate the Motions to Stay filed by the LWVO Parties (ECF No. 33) and the Bennett Parties (ECF No. 59), noting that the requested stay was GRANTED by oral ruling at the status conference of March 14 but is LIFTED by this Opinion. The Clerk also shall tcnninatc Plaintiffs' Second Emergency Motion to Vacate the Stay and for Immediate Appointment of a Three-Judge Panel (ECF No. 73), which is GRANTED. All deadlines that were suspended during the stay—-including for responsive pleading and for briefing on Plaintiffs' Motion for a Preliminary Injunction—will be addressed by the panel. IT IS SO ORDERED. ALGENON L. MARBLEY CHIEF UNJ/pED STATES DISTRICT JUDGE DATED: March 18,2022
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