Utah GOP response to motion to strike

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 Marcus R. Mumford (12737) MUMFORD PC 405 South Main Street, Suite 975 Salt Lake City, Utah 84111 Telephone: (801) 428-2000 Email: [email protected]  Attorney for Plaintiff Utah Republican Party IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION  UTAH REPUBLICAN PARTY, Plaintiff, CONSTITUTION PARTY OF UTAH, Plaintiff and Intervenor, v. GARY R. HERBERT, et al., Defendants. PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE [178] Case No. 2:14-cv-00876-DN Judge David Nuffer Magistrate Judge Dustin B. Pead Defendants’ counsel, David Wolf and Parker Douglas, are shameless in seeking to have this Court enforce a 4:30 p.m. deadline on certain filings that they themselves ha ve violated, repeatedly , without leave of court , and without even acknowledging those matters to the Court in their motion to strike [178]. Thus far in the case, Plaintiff’s undersigned counsel has preferred to show “thick skin” and not stoop to the level of Wolf an d Parker in how they h ave misled this Court and disparaged opposing counsel. But they have demonstrated a fatal lack of candor to the Court in their motion to strike, which violates basic principles of fairness and the applicable ethical rules. For example, not only do Wolf and Parker omit their own violations of the 4:30  p.m. deadline for filings included in the Court’s scheduling order [43], they affirmatively misrepresent that they have “continue[d] to abide by the Court’s deadlines,” where Plaintiff has Case 2:14-cv-00876-DN-DBP Document 185 Filed 10/16/15 Page 1 of 12

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