Case: High Plains Harvest Church v. Polis

1:20-cv-01480 | U.S. District Court for the District of Colorado

Filed Date: May 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a suit brought by a church against the State of Colorado's enforcement of stay-at-home orders, including the policy prohibiting in-person religious activities. Following a Supreme Court decision denying a similar application for injunctive relief, plaintiffs withdrew their request for injunctive relief. They later filed an amended complaint and a renewed motion for TRO and preliminary injunction, which was denied on June 16. The "safer at home" executive orders issued …

COVID-19 Summary: This is a suit brought by a church against the State of Colorado's enforcement of stay-at-home orders, including the policy prohibiting in-person religious activities. Following a Supreme Court decision denying a similar application for injunctive relief, plaintiffs withdrew their request for injunctive relief. They later filed an amended complaint and a renewed motion for TRO and preliminary injunction, which was denied on June 16.


The "safer at home" executive orders issued by Colorado Governor Jared Polis in response to the outbreak of COVID-19 prohibited religious gatherings of over 10 people. High Plains Harvest Church, a small, rural church, and one of its pastors alleged that the orders violated their First and Fourteenth Amendment rights. Represented by private counsel, plaintiffs sued Governor Polis and the Executive Director of the Colorado Department of Public Health and Environment in the U.S. District Court for the District of Colorado under 42 U.S.C.§ 1983 on May 25, 2020. The plaintiffs, who simultaneously filed a motion for temporary restraining order (TRO), sought declaratory and injunctive relief, as well as attorneys' costs and fees. The case was assigned to Judge Raymond P. Moore and Magistrate Judge Michael E. Hegarty.

The plaintiffs alleged that the executive orders were unconstitutional both facially and as-applied, violating their freedom of religion, freedom of speech, and equal protection rights. The plaintiffs asserted that the orders burdened their sincerely held religious beliefs by "permit[ing] other similarly situated businesses or non-religious entities to continue while prohibiting faith-based gatherings." Moreover, the plaintiffs claimed that the orders violated their "freedom of speech by prohibiting them from engaging in religious speech through their church services." Finally, plaintiffs contended that the orders, which permitted "critical businesses" such as grocery, gun, and hardware stores to remain open, violated their equal protection rights by "impermissibly discriminat[ing[ between certain non-religious gatherings and religious or faith-based gatherings." Plaintiffs sought an injunction or TRO enjoining defendants from enforcing the executive orders against plaintiffs and an order declaring the orders unconstitutional. 2020 WL 2630282.

In their May 28 response to the motion for TRO, defendants asserted that "the purpose of these orders is to protect the public from the COVID-19 pandemic," not to target or discriminate against plaintiffs' first amendment rights. Defendants argued that the plaintiffs had "no reasonable likelihood of success on the merits of their claims" because the orders were enacted in good faith and in furtherance of public safety.

The next day, the United States Department of Justice filed a statement of interest, stating that "The Court should grant the plaintiffs’ motion for a temporary restraining order, and Plaintiffs’ group prayer should be allowed to proceed without fear of prosecution." The DOJ explained "that because Colorado appears to be treating similarly situated non-religious activity, such as in-person dining in restaurants, better than places of worship these actions may constitute a violation of the church’s constitutional right to the free exercise of religion."

That same day, the Supreme Court, in South Bay United Pentecostal Church v. Newsom, denied an application for injunctive relief similar to the relief sought in this case. There, the Supreme Court stated that the "restrictions [on places of worship] appear consistent with the Free Exercise Clause of the First Amendment."

On May 30, in light of the Supreme Court's decision, the plaintiffs withdrew the request for preliminary relief. On June 1, the defendants filed a status report containing draft guidelines for restrictions on places of worship. The guidelines suggested an indoor capacity of no more than 50% or 50 people, along with social distancing, masks, and sanitation measures.

In the next few days, thousands of people protested police violence. On June 10, the plaintiffs filed an amended complaint, alleging that the defendants “permitted and encouraged these protest gatherings while continuing to impose draconian restrictions on religious gatherings.” Concurrently, they filed a renewed motion for a temporary restraining order and a preliminary injunction.

The court denied the motion on June 16, stating that the "notion that the non-enforcement of social distancing during a protest means that the State is engaged in a variety of constitutional misconduct directed at religious institutions is far from apparent" and that "the assertion that Defendants are treating Plaintiffs differently from comparable secular gatherings is 'improbable.'"

On June 30, the plaintiffs filed yet another motion for a preliminary injunction, which again focused on the ongoing mass protests against law enforcement. The plaintiffs' argued that the state's refusal to stop the protests amounted to a de facto exemption to a public health order. The plaintiffs alleged that the exemption made enforcement of the order against the plaintiffs unjustified. The court again denied to provide preliminary relief on August 10, 2020. The court again cited South Bay United Pentecostal Church v. Newsom, in addition to Calvary Chapel Dayton Valley v. Sisolak. 140 S.Ct. 2603. While the plaintiffs attempted to distinguish the earlier cases on the ground that this case involved public officials discriminating against plaintiffs in favor of protestors. However, the court did not find this argument compelling, stating that it found an even stronger reason to distinguish between religious services and mass protests than the basis to distinguish between religious services and secular gathering places such as bars, casinos, and gyms. Since challenges to the latter distinctions had been denied preliminary relief by the Supreme Court, the court here denied preliminary relief against the former. The court also found no evidence that the state had encouraged protests or created any de facto exemptions to its orders. The court therefore concluded that the plaintiffs had failed to establish a likelihood of success on the merits of their case and denied the motion.

On August 11, 2020, the plaintiffs' appealed the denial of the preliminary injunction to the Tenth Circuit (USCA Case Number 20-1280) and moved for a preliminary injunction pending the appeal in the district court. In their motion in the district court, the plaintiffs reiterated their earlier arguments for a preliminary injunction. Since the standard for an injunction pending appeal is the same as the standard used in evaluating motions for preliminary injunctions, the district court denied the motion for an injunction pending appeal on August 18. Three days later, the plaintiffs moved for an injunction pending appeal in the Tenth Circuit.

On November 11, 2020, the Tenth Circuit denied the plaintiffs' motion for an injunction pending the appeal. 835 Fed.Appx. 372. The court reasoned that the plaintiffs had failed to make a strong showing that they were likely to succeed on the merits of the appeal. The Tenth Circuit, using the same standard as it would when reviewing the grant or denial of a preliminary injunction, analyzed whether the district court had abused its discretion in denying the preliminary injunction. The court found that the plaintiffs had not shown that the district court erred in its factual finding that the defendants had not created a de facto exemption from public health orders for the protests. The court concluded that the plaintiffs had failed to show that the public health orders are subject to heightened scrutiny or that they were likely to succeed on the merits of their constitutional claims under a lesser level of scrutiny.

On December 4, 2020, the plaintiffs applied to the Supreme Court for injunctive relief through Justice Gorsuch. On December 15, the Supreme Court, construing the application as a writ of certiorari, vacated the district court's denial of a preliminary injunction and remanded the case to the Tenth Circuit with instructions to remand to the District Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S.Ct. 63. Justices Kagan, Breyer, and Sotomayor dissented from the order. Justice Kagan, writing for the dissenters, stated that the case was moot since Colorado had lifted all capacity limits on worship services.

Back in the district court, the plaintiffs filed a notice of settlement and a request for a stay in the case on January 15, 2021. On the same day, the court temporarily stayed the case until February 15, 2021. On February 12, the parties stipulated to a dismissal of the action without prejudice. The court dismissed the case the same day. The Clearinghouse does not have access to the private settlement at this time.

The case is now closed.

Summary Authors

Aaron Gurley (6/5/2020)

Averyn Lee (6/20/2020)

Nicholas Gillan (12/1/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17190497/parties/high-plains-harvest-church-v-polis/


Judge(s)

Hegarty, Michael E. (Colorado)

Moore, Raymond Paul (Colorado)

Attorneys(s) for Plaintiff

Arrington, Barry Kevin (Colorado)

Attorneys(s) for Defendant

Buckley, Emily B. (Colorado)

Hanlon-Leh, Natalie Marie (Colorado)

Kuhn, W. Eric (Colorado)

Lorch, Ryan K. (Colorado)

Olson, Eric (Colorado)

Weiser, Philip J. (Colorado)

Other Attorney(s)

Active

Judge(s)

Hegarty, Michael E. (Colorado)

Moore, Raymond Paul (Colorado)

Attorneys(s) for Plaintiff

Arrington, Barry Kevin (Colorado)

Attorneys(s) for Defendant

Buckley, Emily B. (Colorado)

Hanlon-Leh, Natalie Marie (Colorado)

Kuhn, W. Eric (Colorado)

Lorch, Ryan K. (Colorado)

Olson, Eric (Colorado)

Weiser, Philip J. (Colorado)

Other Attorney(s)

Dreiband, Eric S. (District of Columbia)

Dunn, Jason R. (Colorado)

Maugeri, Alexander V. (Colorado)

Treene, Eric W. (District of Columbia)

Expert/Monitor/Master

France, Eric (Colorado)

Herlihy, Rachel (Colorado)

Documents in the Clearinghouse

Document

1:20-cv-01480

Docket [PACER]

Oct. 26, 2021

Oct. 26, 2021

Docket
1

1:20-cv-01480

Verified Complaint

May 25, 2020

May 25, 2020

Complaint
26

1:20-cv-01480

Reply in Support of Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction

May 28, 2020

May 28, 2020

Pleading / Motion / Brief
28

1:20-cv-01480

The United States' Statement of Interest in Support of Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
35 (& 35-1)

1:20-cv-01480

Plaintiffs' Renewed Motion for Temporary Restraining Order and for Preliminary Injunction

June 10, 2020

June 10, 2020

Pleading / Motion / Brief
34 (& 34-1 to 34-3)

1:20-cv-01480

Verified First Amended Complaint

June 10, 2020

June 10, 2020

Complaint
39 (& 39-1 to 39-13)

1:20-cv-01480

State Defendants' Opposition to Plaintiffs' Renewed Motion for Temporary Restraining Order and For Preliminary Injunction

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
41

1:20-cv-01480

Order

June 16, 2020

June 16, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17190497/high-plains-harvest-church-v-polis/

Last updated Aug. 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against High Plains Harvest Church, Mark Hotaling (Filing fee $ 400,Receipt Number 1082-7308661)Attorney Barry Kevin Arrington added to party High Plains Harvest Church(pty:pla), Attorney Barry Kevin Arrington added to party Mark Hotaling(pty:pla), filed by High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Arrington, Barry) (Entered: 05/25/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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May 25, 2020

May 25, 2020

RECAP
2

CORPORATE DISCLOSURE STATEMENT. (Arrington, Barry) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

PACER
3

MOTION for Temporary Restraining Order by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Certificate of Attorney, # 2 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 05/25/2020)

1 Certificate of Attorney

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2 Proposed Order (PDF Only)

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May 25, 2020

May 25, 2020

RECAP
4

SUMMONS REQUEST as to Jared Polis by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

PACER
5

SUMMONS REQUEST as to Jill Hunsaker Ryan by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

PACER
6

CERTIFICATE of Barry K. Arrington by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
7

Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (alave, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
8

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (alave, ) (Entered: 05/26/2020)

1 Summons

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2 Magistrate Judge Consent Form

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May 26, 2020

May 26, 2020

PACER
9

NOTICE of Entry of Appearance by W. Eric Kuhn on behalf of Jared Polis, Jill Hunsaker RyanAttorney W. Eric Kuhn added to party Jared Polis(pty:dft), Attorney W. Eric Kuhn added to party Jill Hunsaker Ryan(pty:dft) (Kuhn, W.) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
10

NOTICE of Entry of Appearance by Emily B. Buckley on behalf of Jared Polis, Jill Hunsaker RyanAttorney Emily B. Buckley added to party Jared Polis(pty:dft), Attorney Emily B. Buckley added to party Jill Hunsaker Ryan(pty:dft) (Buckley, Emily) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
11

NOTICE of Entry of Appearance by Eric R. Olson on behalf of Jared Polis, Jill Hunsaker RyanAttorney Eric R. Olson added to party Jared Polis(pty:dft), Attorney Eric R. Olson added to party Jill Hunsaker Ryan(pty:dft) (Olson, Eric) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
12

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 5/26/2020. (Text Only Entry) (rmsec ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
13

MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 5/26/2020. (Text Only Entry) (rmsec ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
14

NOTICE of Entry of Appearance by Natalie Marie Hanlon-Leh on behalf of Jared Polis, Jill Hunsaker RyanAttorney Natalie Marie Hanlon-Leh added to party Jared Polis(pty:dft), Attorney Natalie Marie Hanlon-Leh added to party Jill Hunsaker Ryan(pty:dft) (Hanlon-Leh, Natalie) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
15

MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 5/26/2020. The above captioned case has been referred to Magistrate Judge Michael E. Hegarty pursuant to an Order of Reference entered by Judge Raymond P. Moore on May 26, 2020. Pursuant to the Order of Reference, it is hereby ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on July 28, 2020, at 1:45 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (apesa, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
16

Proposed Scheduling Order Governing Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Defendants Jared Polis, Jill Hunsaker Ryan. (Olson, Eric) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

Order Referring Case to Magistrate Judge

May 26, 2020

May 26, 2020

PACER

Minute Order

May 26, 2020

May 26, 2020

PACER
17

NOTICE of Entry of Appearance by Ryan K. Lorch on behalf of Jared Polis, Jill Hunsaker RyanAttorney Ryan K. Lorch added to party Jared Polis(pty:dft), Attorney Ryan K. Lorch added to party Jill Hunsaker Ryan(pty:dft) (Lorch, Ryan) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
18

Proposed Scheduling Order Governing Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction - Corrected by Defendants Jared Polis, Jill Hunsaker Ryan. (Olson, Eric) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
19

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 14 Notice of Entry of Appearance, filed by attorney Natalie Marie Hanlon-Leh. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
20

ORDER: Defendants have filed a proposed scheduling order 18 in this matter to address Plaintiffs' motion for a temporary restraining order 3 . The Court agrees that an expedited response to Plaintiffs' motion is appropriate and directs Defendants to respond by 5 p.m. on May 28, 2020. Although the parties have further agreed to an expedited hearing on Defendants' motion, the Court has not determined that a hearing is necessary at this time. The Court will advise the parties if a hearing or further briefing on Plaintiffs motion is necessary. SO ORDERED by Judge Raymond P. Moore on 5/27/2020. (Text Only Entry) (rmsec ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
21

SUMMONS Returned Executed by High Plains Harvest Church, Mark Hotaling. Jared Polis served on 5/27/2020, answer due 6/17/2020. (Arrington, Barry) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
22

SUMMONS Returned Executed by High Plains Harvest Church, Mark Hotaling. Jill Hunsaker Ryan served on 5/27/2020, answer due 6/17/2020. (Arrington, Barry) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER

Minute Order

May 27, 2020

May 27, 2020

PACER
23

Unopposed MOTION for Leave to File Excess Pages by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Buckley, Emily) (Entered: 05/28/2020)

1 Proposed Order (PDF Only)

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May 28, 2020

May 28, 2020

PACER
24

ORDER granting 23 Motion for Leave to File Excess Pages. SO ORDERED by Judge Raymond P. Moore on 5/28/2020. (Text Only Entry)(rmsec ) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
25

RESPONSE to 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Buckley, Emily) (Entered: 05/28/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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May 28, 2020

May 28, 2020

PACER
26

REPLY to Response to 3 MOTION for Temporary Restraining Order filed by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP

Order on Motion for Leave to File Excess Pages

May 28, 2020

May 28, 2020

PACER
27

NOTICE of Entry of Appearance by Eric William Treene on behalf of United StatesAttorney Eric William Treene added to party United States(pty:misc) (Treene, Eric) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
28

STATEMENT of Interest of the United States by miscellaneous United States. (Treene, Eric) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
29

NOTICE of Supplemental Authorities re: 25 Response to Motion, by Defendants Jared Polis, Jill Hunsaker Ryan (Attachments: # 1 S. Bay United Pentecostal Church v. Newsom, No. 19A1044)(Kuhn, W.) (Entered: 05/30/2020)

1 S. Bay United Pentecostal Church v. Newsom, No. 19A1044

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May 30, 2020

May 30, 2020

PACER
30

STATEMENT re 3 MOTION for Temporary Restraining Order by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 05/30/2020)

May 30, 2020

May 30, 2020

RECAP
31

ORDER: In light of Plaintiffs' statement 30 and the lack of any objection by Defendants, Plainitiffs' motion for temporary restraining order 3 is deemed WITHDRAWN. SO ORDERED by Judge Raymond P. Moore on 6/1/2020. (Text Only Entry)(rmsec ) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
32

First STATUS REPORT by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Exhibit 1)(Buckley, Emily) (Entered: 06/01/2020)

1 Exhibit 1

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June 1, 2020

June 1, 2020

PACER

Order on Motion for TRO

June 1, 2020

June 1, 2020

PACER
33

Second STATUS REPORT by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Buckley, Emily) (Entered: 06/08/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 8, 2020

June 8, 2020

PACER
34

AMENDED COMPLAINT against Jared Polis, Jill Hunsaker Ryan, filed by High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Arrington, Barry) (Entered: 06/10/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 10, 2020

June 10, 2020

PACER
35

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 06/10/2020)

1 Proposed Order (PDF Only)

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June 10, 2020

June 10, 2020

PACER
36

MINUTE ORDER: Plaintiffs have filed a renewed motion for a temporary restraining order and a preliminary injunction 35 . The Court directs Defendants to respond by 5 p.m. tomorrow, June 12, 2020. No reply will be permitted.SO ORDERED by Judge Raymond P. Moore on 6/11/2020. (Text Only Entry) (rmsec ) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Minute Order

June 11, 2020

June 11, 2020

PACER
37

Unopposed MOTION for Leave to File Excess Pages by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Buckley, Emily) (Entered: 06/12/2020)

1 Proposed Order (PDF Only)

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June 12, 2020

June 12, 2020

PACER
38

ORDER granting 37 Motion for Leave to File Excess Pages. SO ORDERED by Judge Raymond P. Moore on 6/12/2020. (Text Only Entry)(rmsec ) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
39

RESPONSE to 35 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Buckley, Emily) (Entered: 06/12/2020)

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6 Exhibit 6

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8 Exhibit 8

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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June 12, 2020

June 12, 2020

PACER
40

MOTION for Hearing/Conference re 35 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER

Order on Motion for Leave to File Excess Pages

June 12, 2020

June 12, 2020

PACER
41

ORDER. The Court DENIES Plaintiffs' request for a temporary restraining order and sets forth the following briefing schedule on their request for a preliminary injunction: (1) Plaintiffs shall file any supplementary materials regarding the nature of the protests and Defendants' alleged encouragement of those protests on or before June 30, 2020; (2) Defendants shall file a response within 21 days of such filing, or by July 21, 2020, whichever occurs sooner; and (3) Plaintiffs shall file a reply within 7 days of Defendants' response. The Court DENIES Plaintiffs' motion for a hearing (ECF No. 40 ). By Judge Raymond P. Moore on 6/16/2020. (rvill, ) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
42

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Jill Hunsaker Ryan, Jared Polis. Jill Hunsaker Ryan answer due 7/15/2020; Jared Polis answer due 7/15/2020. (Buckley, Emily) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
43

MOTION for Preliminary Injunction by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Arrington, Barry) (Entered: 06/30/2020)

1 Affidavit

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4 Exhibit

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June 30, 2020

June 30, 2020

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44

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1 July 2020. Due to a conflict in the Court's calendar, the Scheduling Conference currently set in this case on July 28, 2020 will now commence at 10:15 a.m. that same day in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel for the parties may appear at the conference in person or by telephone. Anyoneappearing in person shall comply with the Court's General Order 2020-10: Court Operations During the COVID-19 Pandemic, which may be accessed at www.cod.uscourts.gov. Anyone appearing by telephone shall call the following conference line at the appointed time: Number: 888-278-0296. Access code: 8212991#. (cmadr, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
45

ANSWER to 34 Amended Complaint by Jared Polis, Jill Hunsaker Ryan.(Buckley, Emily) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
46

Unopposed MOTION for Leave to File Excess Pages by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Buckley, Emily) (Entered: 07/21/2020)

1 Proposed Order (PDF Only)

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July 21, 2020

July 21, 2020

PACER
47

ORDER granting 46 Motion for Leave to File Excess Pages. SO ORDERED by Judge Raymond P. Moore on 7/21/2020. (Text Only Entry)(rmsec ) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
48

RESPONSE to 43 MOTION for Preliminary Injunction filed by Defendants Jared Polis, Jill Hunsaker Ryan. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17)(Buckley, Emily) (Entered: 07/21/2020)

1 Exhibit 14

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2 Exhibit 15

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3 Exhibit 16

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4 Exhibit 17

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July 21, 2020

July 21, 2020

PACER

Order on Motion for Leave to File Excess Pages

July 21, 2020

July 21, 2020

PACER
49

REPLY to Response to 43 MOTION for Preliminary Injunction filed by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
50

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/28/2020. Discovery Deadline: January 15, 2021. Dispositive Motion Deadline: June 30, 2021. Initial Rule 26(a)(2) Disclosures: March 31, 2021. Rebuttal Rule 26(a)(2) Disclosures: April 30, 2021. Status Conference set for 11/2/2020 01:15 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: A501. (cthom, ) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
51

SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 28 July 2020. (cmadr, ) (Entered: 07/29/2020)

July 28, 2020

July 28, 2020

PACER
52

NOTICE of Supplemental Authorities by Defendants Jared Polis, Jill Hunsaker Ryan (Attachments: # 1 Exhibit)(Buckley, Emily) (Entered: 08/03/2020)

1 Exhibit

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Aug. 3, 2020

Aug. 3, 2020

PACER
53

ORDER. The Court DENIES Plaintiffs' request for a preliminary injunction (ECF Nos. 35, 43 ). By Judge Raymond P. Moore on August 10, 2020. (rvill, ) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

RECAP
54

NOTICE OF APPEAL as to 53 Order on Motion for Preliminary Injunction by Plaintiffs High Plains Harvest Church, Mark Hotaling (Filing fee $ 505, Receipt Number 1082-7430398) (Arrington, Barry) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
55

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 54 Notice of Appeal filed by High Plains Harvest Church and Mark Hotaling to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(rvill, ) (Entered: 08/11/2020)

1 Preliminary Record

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2 Docket Sheet

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Aug. 11, 2020

Aug. 11, 2020

PACER
56

USCA Case Number 20-1280 for 54 Notice of Appeal filed by High Plains Harvest Church and Mark Hotaling. (rvill, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
57

MOTION for Preliminary Injunction by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Arrington, Barry) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP
58

ORDER: This matter is before the Court on Plaintiffs' Motion for Injunction Pending Appeal 57, seeking an injunction pending Plaintiffs' appeal from this Court's August 10, 2020 Order denying their motion for a preliminary injunction. The standards for these injunctions are similar, and the Court DENIES Plaintiffs' current request for the reasons stated in its previous Order. SO ORDERED by Judge Raymond P. Moore on 8/18/2020. (Text Only Entry)(rmsec ) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
59

TRANSCRIPT ORDER FORM re 54 Notice of Appeal by Plaintiffs High Plains Harvest Church, Mark Hotaling (Arrington, Barry) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
60

LETTER TO USCA and all counsel certifying the record is complete as to 54 Notice of Appeal filed by High Plains Harvest Church, Mark Hotaling. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 20-01280) Text Only Entry. (rvill, ) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

Order on Motion for Preliminary Injunction

Aug. 18, 2020

Aug. 18, 2020

PACER
61

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 22 September 2020. Due to the current posture of this case, the Status Conference set before this Court on November 2, 2020 is vacated. (cmadr, ) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
62

ORDER of USCA as to 54 Notice of Appeal filed by High Plains Harvest Church, Mark Hotaling. Order filed by Judges Lucero, Moritz and Carson denying motion for injunction filed by Appellants High Plains Harvest Church and Mark Hotaling. (USCA Case No. 20-1280) (rvill, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
63

Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 54 Notice of Appeal ; Supreme Court of the United States order granting petition for a writ of certiorari before judgment filed. (USCA Case No. 20-1280) (rvill, ) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

RECAP
64

ORDER of USCA as to 54 Notice of Appeal filed by High Plains Harvest Church, Mark Hotaling. Remanded; Procedural termination after other judicial action; Written, unsigned, unpublished; Judges Lucero, Moritz and Carson. Mandate to issue. (USCA Case No. 20-1280) (rvill, ) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

RECAP
65

MANDATE of USCA as to 54 Notice of Appeal filed by High Plains Harvest Church, Mark Hotaling : (USCA Case No. 20-1280) (rvill, ) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
66

MINUTE ORDER: This matter has been remanded to this Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U.S. ___ (2020). Accordingly, the Court ORDERS the parties only to file briefs, not to exceed twenty pages, on or before January 19, 2021. SO ORDERED by Judge Raymond P. Moore on 12/18/2020. (Text Only Entry) (rmsec ) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER

Minute Order

Dec. 18, 2020

Dec. 18, 2020

PACER
67

NOTICE of Settlement and Request for Stay by Plaintiffs High Plains Harvest Church, Mark Hotaling (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 01/15/2021)

1 Proposed Order (PDF Only)

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Jan. 15, 2021

Jan. 15, 2021

RECAP
68

ORDER. In light of the settlement, this case is temporarily STAYED until February 15, 2021. On or before that date, the parties shall jointly file either a stipulation for dismissal to terminate the case by a date certain or a notice if the parties are unable to finalize the definitive settlement agreement. In the latter event, briefs that were due January 19, 2021 shall be filed within 14 days after the date of the notice. By Judge Raymond P. Moore on January 15, 2021. (rvill, ) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
69

STIPULATION of Dismissal of Case Without Prejudice by Plaintiffs High Plains Harvest Church, Mark Hotaling. (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 02/12/2021)

1 Proposed Order (PDF Only)

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Feb. 12, 2021

Feb. 12, 2021

RECAP
70

ORDER of Dismissal without Prejudice, by Judge Raymond P. Moore on February 12, 2021. (rvill, ) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A small church in Colorado and one of its pastors

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Colorado, State

Executive Director of the Colorado Department of Public Health and Environment, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Religious programs / policies

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Religion discrimination