On January 7th, 2014, pursuant to the Joint Stipulation filed with this Court, Attorney General Joseph R. Biden, III and State Commissioner of Elections Elaine Manlove (“Defendants”) served Plaintiff with seven Requests for Production of Documents, eight Interrogatories, and three Requests for Admission (collectively, the “Requests”). Pursuant to the Local Rules, these Requests, along with Plaintiff’s objections, are attached to this Motion as Appendix A.
The Requests seek information about the internal workings of Delaware Strong Families (“DSF”) that are not germane to this litigation, will be burdensome to produce, are likely to chill future First Amendment challenges to Delaware laws, and threaten to further delay the resolution of this case. After meeting and conferring with the State’s counsel pursuant to Local Rule 7.1.1 and Fed R. Civ. P. 26(c)(1) on December 9, 12, and 21, 2013, and January 14, 2014, the Parties have been unable to agree on the scope of proposed discovery. Accordingly, DSF today moves this Court for a Protective Order pursuant to Fed. R. Civ. P. 26(c), and simultaneously for a Preliminary Injunction recognizing DSF’s strong probability of prevailing in this litigation once the parties’ discovery dispute is resolved.
Exhibit A to Opening Brief in Support of Motion for Protective Order
