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but complained about the rapid rate of litigation

“Defendants refused to make any further effort to get at the truth, arguing that the only way forward was to wait on them to produce their administrative record, and ‘for gaps in that record to be litigated, to be supplemented by oral testimony, if necessary,'” Alsup said. “Defendants otherwise complained that the rapid pace of litigation prohibited the production of anything more than the Ezell declaration. It is again surprising, then, that defendants managed (in the span of a single day) to muster a half-dozen declarations from relief defendants. None of these declarations, or the facts therein, were made available to the Court during its consideration of the TRO or PI now in place. This is a last-ditch attempt to relitigate those orders on a new, untested record.”