Entered 18-CI-00576 06/04/2018 Amy Feldman, Franklin Circuit Clerk

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION I
CIVIL ACTION NO. 18-CI-576

KAREN E. FAULKNER PLAINTIFF

v. TEMPORARY RESTRAINING ORDER

AND BRIEFING SCHEDULE

KENTUCKY STATE BOARD OF ELECTIONS, et al. DEFENDANTS

This matter is before the Court on Plaintiff’s Motion for Temporary Restraining Order and

Defendants’ Motions to Dismiss. The parties appeared before the Court on June 4, 2018 to argue

the matter. David S. Kaplan and Michael P. Abate appeared on behalf of Plaintiff; Luke Morgan

appeared on behalf of Defendant Kentucky State Board of Elections; and P.J. Painter appeared on

behalf of Defendant Tanisha Ann Hickerson.

Upon consideration of the arguments of counsel, the Court hereby finds that Plaintiff will

suffer immediate and irreparable injury, and a final judgment in her favor will be rendered

ineffectual, unless the Defendant State Board of Elections is (1) restrained and enjoined from

counting or tabulating votes cast for Daniel “Danny” Alvarez and (2) prohibited from issuing a

certificate of nomination to Defendant Hickerson without also issuing one to Plaintiff. Based on

these findings of fact and the application of CR 65.03 and decisions law on the application of the

rule, e.g. Maupin v. Stansbury, 575 S.W.2d 695, 699 (Ky. App. 1978), and being otherwise

sufficiently advised, the Court hereby ORDERS that Plaintiff’s Motion for a Temporary

Restraining Order be GRANTED and the State Board of Elections is hereby RESTRAINED
OR : 000001 of 000002

AND ENJOINED from counting or tabulating votes cast for Danny Alvarez and from issuing a

certificate of nomination to Hickerson without also issuing one to Plaintiff. This Order applies

only to the office of Jefferson County District Judge, 9th Division. It becomes effective at

Page 1 of 2
Entered 18-CI-00576 06/04/2018 Amy Feldman, Franklin Circuit Clerk
Entered 18-CI-00576 06/04/2018 Amy Feldman, Franklin Circuit Clerk

approximately 2:00 P.M. on June 4, 2018 and shall remain in effect until such time as the Court

enters a ruling on the Motion for a Temporary Injunction. In addition, pursuant to CR 65.05, the

Court hereby sets bond at $500.00, to be paid within seven (7) days of the entry of this Order.

In addition, at the agreement of the parties, the Court hereby ORDERS the parties to

address all outstanding matters in briefs submitted on or before June 15, 2018. Oral argument on

these matters is herby scheduled for 1:30 P.M. on Monday, June 18, 2018.

SO ORDERED this 4th day of June, 2018.

______________________________
PHILLIP J. SHEPHERD, JUDGE
Franklin Circuit Court, Division I

DISTRIBUTION:

Hon. David S. Kaplan

Hon. Michael P. Abate
710 West Main Street, 4th Floor
Louisville, KY 40202

Hon. Luke Morgan

201 E. Main Street, Suite 900
Lexington, KY 40507

Hon. P.J. Painter

9300 Shelbyville Road, Suite 400
Louisville, KY 40222

OR : 000002 of 000002

Page 2 of 2
Entered 18-CI-00576 06/04/2018 Amy Feldman, Franklin Circuit Clerk