along with Mr. Scott and Mr. Hughes, requested this Court’s permission to
withdraw from the litigation. I granted the motions of the Texan attorneys because
they had been involved with the case for approximately seventy-two hours.
Because oral argument was scheduled for the following day, however, and because
Ms. Kerns had been one of the original attorneys in this litigation, I denied her
request. I believed it best to have some semblance of consistency in counsel ahead
of the oral argument. That evening, attorney Marc A. Scaringi entered an
appearance on behalf of Plaintiffs. Furthermore, Mr. Scaringi asked the Court to
postpone the previously-scheduled oral argument and evidentiary hearing. The
Court denied Mr. Scaringi’s motion for a continuance; given the emergency nature
of this proceeding, and the looming deadline for Pennsylvania counties to certify
their election results, postponing those proceedings seemed imprudent.
On November 17, 2020, the Court prepared to address the parties in oral
argument. That morning, attorney Rudolph W. Giuliani entered his appearance on
behalf of Plaintiffs. With this last-minute appearance, Plaintiffs had made their
final addition to their representation.35 At the conclusion of the argument, I
determined that an evidentiary hearing (previously scheduled to take place on
November 19, 2020) was no longer needed and cancelled that proceeding. Instead,
I imposed a new briefing schedule in light of the FAC’s filing, which arguably
35
Ms. Kerns has since withdrawn from the case.
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