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No. 04-AA-957
IN THE DISTRICT OF COLUMBIA COURT OF APPEALS CITIZENS COMMITTEE FOR THE D.C. VIDEO LOTTERY TERMINAL INITIATIVE, Petitioner, Oral Argument Scheduled for: September 8, 2004 On Petition for Review of Decision of District of Columbia Board of Elections and Ethics Motion to Strike Memorandum of Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative Response to the Board's Clarification Opinion, or in the Alternative, to Strike Therefrom Impertinent and Scandalous MaterialRonald L. Drake, Esquire Attorney at Law LIST OF PARTIES1. Counsel for Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative: Mr. John L. Ray, Esquire Mr. George W. Jones, Jr., Esquire Mr. Erik S. Jaffe, Esquire 2. Counsel for District of Columbia Board of Elections and Ethics: Mr. Kenneth McGhie, Esquire 3. Intervener Ronald L. Drake, Esquire, Pro Se 4. Intervener DCWatch: 5. Intervener DC Against Slots: 6. Amicus: Comes now Challenger Ronald L. Drake, Esquire, and moves the Court to strike the Memorandum of Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative Response to the Board's Clarif-ication Opinion, or in the Alternative, to Strike Therefrom Impertinent and Scandalous Material. In support of this motion, Challenger shows the Court as follows: 1. On Tuesday, September 21, 2004, at approximately 8:50 A.M., the Citizens Committee for the District of Columbia Video Lottery Terminal Initiative (Committee) served a letter motion requesting leave of Court to file a memorandum no later than close of business on Thursday, September 23, 2004, to respond the Board's Clarification Memorandum Opinion. In the transmittal letter, the Committee requested circulation to the panel as promptly as possible that same morning, apparently without an opportunity for response by adverse parties. Challenger has received no ruling thereon; 2. On Thursday, September 23, 2004, at approximately 11:18 P.M., the Committee served a 21 page brief attacking the Board's Clarification Memorandum Opinion. In the transmittal letter, the Committee requested circulation to the panel as promptly as possible this morning, Friday, apparently without an opportunity for response by adverse parties; 3. The Committee's memorandum is replete with scandalous and impertinent attacks on the Board of Elections and Ethics, its staff, and its Chairman. WHEREFORE, Challenger Ronald L. Drake, Esquire, requests the Court to strike the Memorandum of Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative Response to the Board's Clarification Opinion. In the alternative, Challenger requests the Court to strike therefrom the impertinent. and scandalous material. Respectfully submitted; Ronald L. Drake, Esquire CERTIFICATE OF SERVICEI hereby certify that I served by fax a copy of the foregoing Motion to Strike Memorandum of Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative Response to the Board's Clarification opinion, or in the Alternative, to Strike Therefrom Impertinent and Scandalous Material on all other parties/counsel, directed as follows: Mr. John L. Ray, Esquire Mr. George W. Jones, Jr., Esquire Mr. Erik S. Jaffe, Esquire Mr. Kenneth McGhie, Esquire Ms. Dorothy A. Brizill Rev. Dean L. Snyder Mr. Arthur B. Spitzer, Esquire Ronald L. Drake |
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