Case: Reclaim Idaho v. Little

Little v. Reclaim Idaho

Supreme Court of the United States

U.S. Court of Appeals for the Ninth Circuit

COVID-Related Election Litigation Tracker

Expedited MOTION for Preliminary Injunction Craig Durham appearing for Plaintiffs Luke Mayville, Reclaim Idaho. Responses due by 6/29/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Luke Mayville, # 3 Exhibit Declaration of Rebecca Schroeder, # 4 Exhibit Declaration of Deborah Silver, # 5 Exhibit Declaration of Ashley Prince, # 6 Exhibit Declaration Linda Larson, # 7 Exhibit Declaration of Karen Lansing)(Durham, Craig)

1 Memorandum in Support

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2 Exhibit Declaration of Luke Mayville

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3 Exhibit Declaration of Rebecca Schroeder

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4 Exhibit Declaration of Deborah Silver

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5 Exhibit Declaration of Ashley Prince

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6 Exhibit Declaration Linda Larson

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7 Exhibit Declaration of Karen Lansing

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COMPLAINT for Declaratory Judgment and Preliminary Injunction against All Defendants ( Filing fee $ 400 receipt number 0976-2057610.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Governor LIttle, # 3 Summons Secretary of State Denney)(Durham, Craig)

1 Cover Sheet

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2 Summons Governor LIttle

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3 Summons Secretary of State Denney

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Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 2 Expedited MOTION for Preliminary Injunction . Per Order dkt 4, Responses due by 6/18/2020 Replies due by 6/22/2020. (jp)

DOCKET ENTRY ORDER: The Court hereby sets the following briefing schedule on Plaintiffs' Expedited Motion for Preliminary Injunction 2 : Defendants must file a response on or before June 18, 2020 and any reply must be filed on or before June 22, 2020. A hearing on the motion will be set via forthcoming notice of hearing. Signed by Judge B. Lynn Winmill. (ah)

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons)(jp)

DOCKET ENTRY NOTICE OF HEARING regarding 2 Expedited MOTION for Preliminary Injunction: A Video Motion Hearing is set for 6/23/2020 at 2:00 PM (Mountain Time) before Judge B. Lynn Winmill. The Parties will be provided a link to connect to video separately. The public may listen to the hearing by phone using the following information: 1-669-254-5252; Meeting ID: 161 049 1843; Password: 595473. Members of the public are reminded to mute their phones and that recording the proceedings is prohibited.(jlb)

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Lawerence Denney, Bradley Little, Luke Mayville, Reclaim Idaho re 1 Complaint, 5 Notice of Appearance. Consent/Objection to Magistrate due by 8/10/2020. (jp)

NOTICE of Appearance by Megan Ann Larrondo on behalf of Lawerence Denney, Bradley Little (Larrondo, Megan)

MEMORANDUM in Opposition re 2 Expedited MOTION for Preliminary Injunction filed by Lawerence Denney, Bradley Little. Replies due by 7/2/2020. (Attachments: # 1 Declaration of Phil McGrane, # 2 Declaration of Jason Hancock, # 3 Exhibit A to Hancock Declaration, # 4 Declaration of Sheryl Millard, # 5 Exhibit A to Millard Declaration, # 6 Declaration of Andrew Mitzel, # 7 Exhibit A to Mitzel Declaration, # 8 Declaration of Counsel, # 9 Exhibit A to Counsel Declaration)(Berry, Robert)

REPLY to Response to Motion re 2 Expedited MOTION for Preliminary Injunction filed by Luke Mayville, Reclaim Idaho.Motion Ripe Deadline set for 6/22/2020. (Attachments: # 1 Exhibit A, # 2 Supplemental Declaration of Luke Mayville, # 3 Declaration of Counsel)(Durham, Craig)

AFFIDAVIT in Support by Luke Mayville re 2 Expedited MOTION for Preliminary Injunction 2nd Supplemental Declaration of Luke Mayville filed by Reclaim Idaho.(Ferguson, Deborah)

Minute Entry for proceedings held before Judge B. Lynn Winmill: A Video Motion Hearing was held on 6/23/2020 re 2 Plaintiff's Expedited Motion for Preliminary Injunction. Motion GRANTED. An order is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlb)

ERRATA by Defendants Lawerence Denney, Bradley Little re 11 Supplement, . (Attachments: # 1 Corrected Supplemental Declaration of Phil McGrane)(Berry, Robert)

SUPPLEMENT by Defendants Lawerence Denney, Bradley Little re 8 Memorandum in Opposition to Motion,, Supplemental Declaration of Counsel. (Attachments: # 1 Exhibit A to Declaration of Counsel, # 2 Supplemental Declaration of Jason Hancock, # 3 Supplemental Declaration of Phil McGrane)(Berry, Robert)

MOTION to Stay re 14 Memorandum Decision,,, Order,,, Terminate Motions,, Robert Arthur Berry appearing for Defendants Lawerence Denney, Bradley Little. Responses due by 7/17/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berry, Robert)

1 Exhibit A

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2 Exhibit B

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Notice of Filing of Official Transcript of Proceedings held on 6/23/20 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 13 Motion Hearing,. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (th)

MEMORANDUM DECISION AND ORDER- It is ORDERED that: 1. Plaintiffs' Expedited Motion for Preliminary Injunction (Dkt. 2 ) is GRANTED. 2. On or before June 26, 2020 at 5:00 p.m. M.S.T., Defendants must file with the Court a notice detailing the reasonable accommodation they have chosen to make to preserve Plaintiffs' core political speech rights as detailed in this Memorandum Decision and Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Expedited MOTION to Enforce Court's Order, Craig Durham appearing for Plaintiffs Luke Mayville, Reclaim Idaho. Responses due by 7/20/2020 (Durham, Craig)

ORDER DENYING MOTION TO STAY - Defendants Notice And Motion To Stay Pursuant To F.R.C.P. 62(D) and F.R.A.P. 8 (Dkt. 16 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

NOTICE OF APPEAL as to 14 Memorandum Decision,,, Order,,, Terminate Motions,, 19 Order on Motion for Miscellaneous Relief,, by Lawerence Denney, Bradley Little. Filing fee $ 505, receipt number 0976-2069893. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Berry, Robert) 20-35584

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO ENFORCE THE COURT'S ORDER - Plaintiffs Expedited Motion to Enforce the Courts Order (Dkt. 18 ) is GRANTED IN PART and DENIED IN PART as explained in this decision. The 48-day period provided for Reclaim Idaho to resume its petition gathering activities begins July 9, 2020. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

USCA Case Number 20-35584 for 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. (kt)

ORDER of USCA (20-35584) as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (Attachments: # 1 Mediation Questionnaire)(kt) (Main Document 22 replaced on 7/7/2020) (jp). (Attachment 1 replaced on 7/7/2020) (jp). (Entered: 07/06/2020)

ORDER of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. The court sua sponte expedites this appeal. The opening brief is due July 17, 2020. The answering brief is due July 29, 2020. The optional reply brief is due August 3, 2020. (Attachments: # 1 Dissent)(jp) (Entered: 07/10/2020)

NOTICE by Lawerence Denney, Bradley Little re 19 Order on Motion for Miscellaneous Relief,, (Larrondo, Megan)

STATUS REPORT on Compliance with Court's June 30th Order by Reclaim Idaho. (Attachments: # 1 Exhibit A to Status Report, # 2 Affidavit 4th Mayville Declaration, # 3 Exhibit 1 to 4th Mayville Declaration, # 4 Exhibit 2 to 4th Mayville Declaration)(Ferguson, Deborah)

STATUS REPORT by Reclaim Idaho. (Attachments: # 1 Exhibit A to Status Report, # 2 Exhibit B to Status Report, # 3 Affidavit Mayville 5th Declaration, # 4 Exhibit 1 to Mayville 5th Declaration)(Ferguson, Deborah)

On Application for Stay by Supreme Court of the United States as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (jp)

ORDER of USCA (20-35584) as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (kt) (Entered: 08/06/2020)

ORDER of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. In light of oral argument and the parties' concessions of impending mootness, by 8/24/20, Appellants shall either file a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b), or inform the Court whether such a dismissal is likely in three pages or less. (jp) (Entered: 08/17/2020)

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)

MEMORANDUM of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (20-35584) (alw) (Entered: 09/08/2020)

DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 9/4/2020 at 2:30 PM before Judge B. Lynn Winmill. The call in information is as follows: 1-877-336-1828 and access code 4685496. (jlb)

AMENDED DOCKET ENTRY NOTICE OF HEARING: The Telephonic Status Conference set for 9/4/2020 is vacated and reset for 9/11/2020 at 2:30 PM Pacific Time (3:30 PM Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: 1-877-336-1828 and access code 4685496. (jlb)

MANDATE of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (jp) (Entered: 09/24/2020)

ORDER- Video hearing for oral argument set for January 11, 2021 at 11:00 am. This hearing will be conducted via Zoom. Counsel will receive the video link by separate notification. ( Hearing set for 1/11/2021 11:00 AM in Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

STIPULATION to Modify Briefing Schedule by Reclaim Idaho. (Ferguson, Deborah)

DOCKET ENTRY ORDER: Good cause appearing, the Court hereby approves the Stipulation to Modify Briefing Schedule (Dkt. 35 ). The Plaintiffs opening brief shall be filed on or before 11/28/20. The Defendants response brief shall be due on or before 12/23/20. The Plaintiffs reply brief shall be due on or before 12/31/20. Signed by Judge B. Lynn Winmill. (aa).

NOTICE of Voluntary Dismissal by Reclaim Idaho (Ferguson, Deborah)

ORDER OF DISMISSAL - This action is DISMISSED WITHOUT PREJUDICE, with each party bearing its own costs and attorney fees. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 12/14/2020)

JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that Judgment be entered and that this case be DISMISSED IN ITS ENTIRETY. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 12/14/2020)