Case: State of Washington v. Trump

1:20-cv-03127 | U.S. District Court for the Eastern District of Washington

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 09/18/2020, Plaintiffs are WA, CO, CT, IL, MD, MI, MN, NV, NM, OR, RI, VT, WI, and VA suing Trump, DeJoy and the USPS. The complaint begins by laying out the historical importance of the post office and by describing the statutory requirements that the post office must satisfy in order to implement certain changes to mail…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/18/2020,

Plaintiffs are WA, CO, CT, IL, MD, MI, MN, NV, NM, OR, RI, VT, WI, and VA suing Trump, DeJoy and the USPS. The complaint begins by laying out the historical importance of the post office and by describing the statutory requirements that the post office must satisfy in order to implement certain changes to mail service. In particular, USPS is required to seek an advisory opinion from the Postal Regulatory Commission which also requires a notice and comment period on changes per the Postal Accountability and Enhancement Act of 2006. Under that act, which is enforceable through a writ of mandamus, individuals are given a right to sue USPS if it is failing to meet its statutory requirements. The states assert sovereign, proprietary and quasi-sovereign interests which have been harmed by six types of changes to mail service instituted by USPS. These changes are 1) eliminating overtime (2) instructing carriers to leave mail behind (3) decommissioning sorting machines (4) removing mailboxes (5) reducing operating hours (6) changing how election mail is classified and charged. The states assert a sovereign interest in conducting elections as they see fit, a proprietary interest in the mail system as extensive mail users and a further interest in protecting their citizens' fundamental right to vote. The states also detail claims that the Trump administration has attempted to sow mistrust in vote by mail including by alleging high risks of voter fraud which are contrary to studies conducted on the subject. Each state presents a summary of its vote by mail system and history and specific instances of how the above changes have negatively impact that system. The states present 8 claims. (1) Mandamus: seeking a writ of mandamus to require defendants to seek an advisory opinion as required by statute (2) Ultra Vires agency action: if no mandamus, the changes enacted by USPS should be deemed unlawful and enjoined since USPS has no power to make them without satisfying the statutory process, (3) a violation of the Time Place and Manner clause as USPS is interfering in states' ability to determine the manner of their elections and because only Congress can modify state choices under the clause (4) violation of Article II Section 1 of US Con by interfering with method of appointing presidential electors which the states have selected (5) violation of the states retained powers under the 10th Amendment (6) violation of citizens' constitutional right to vote by creating an undue burden (7) violation of the 5th amendment EP and DP clauses by failing to prevent the disparate treatment of voters based on, among other characteristics, location (8) violation of the Rehabilitation Act by discriminating against voters with disabilities by making it more difficult to vote by mail.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18529466/parties/state-of-washington-v-trump/


Judge(s)

Bastian, Stanley Allen (Washington)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Bays, Nathan (Washington)

Behrens, Angela (Minnesota)

Beneski, Kristin (Washington)

Canaday, James W. (Minnesota)

Diamond, Joshua (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Dunlap, Jeffery Paul (Maryland)

Ellison, Keith (Minnesota)

Judge(s)

Bastian, Stanley Allen (Washington)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Bays, Nathan (Washington)

Behrens, Angela (Minnesota)

Beneski, Kristin (Washington)

Canaday, James W. (Minnesota)

Diamond, Joshua (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Dunlap, Jeffery Paul (Maryland)

Ellison, Keith (Minnesota)

Ferguson, Robert W. (Washington)

Ford, Aaron D. (Nevada)

Frosh, Brian E. (Maryland)

Grossi, Christina M. (Michigan)

Grunberg, Emma (Washington)

Hartshorn, Nathan (Minnesota)

Heintz, Tera Marie (Washington)

Herring, Mark R. (Virginia)

Hoffman, Keith (Rhode Island)

Hughes, Andrew W. (Washington)

Kallen, Michelle S. (Virginia)

Kaul, Josh (Wisconsin)

Keller, John (Minnesota)

Kron, Michael (Oregon)

Lewis, Carol Louise (Virginia)

Melchionne, Stephen D. (Minnesota)

Neronha, Peter F. (Rhode Island)

Nessel, Dana M. (Michigan)

Olson, Eric (Colorado)

Perry, Joshua (Connecticut)

Purcell, Noah Guzzo (Washington)

Raoul, Kwame (Illinois)

Rosenblum, Ellen F. (Oregon)

Roth, Colin (Wisconsin)

Sepe, Cristina (Washington)

Smith, Karl D. (Washington)

Spottswood, Eleanor (Vermont)

Stern, Heidi Parry (Nevada)

Sullivan, Steven M. (Maryland)

Sydow, Nicholas M. (New Mexico)

Tong, William (Connecticut)

Weiser, Philip J. (Colorado)

Wells, Christopher Graham (Illinois)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Echols, Alexis J. (District of Columbia)

Other Attorney(s)

Cavnar, Anna F. (Washington)

DeMonte, Theresa (Washington)

Gorod, Brianne J. (District of Columbia)

Letter, Douglas (District of Columbia)

Powell, Emily D. (Washington)

Sharifi, Ghazal (Washington)

Wydra, Elizabeth B. (District of Columbia)

Zolle, Dayna J (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-03127

Docket [PACER]

Jan. 21, 2021

Jan. 21, 2021

Docket
1

1:20-cv-03127

Complaint for Declaratory Judgment, Mandamus, and Injunctive Relief

Aug. 18, 2020

Aug. 18, 2020

Complaint
54

1:20-cv-03127

Plaintiffs' Motion for Preliminary Injunction

Sept. 9, 2020

Sept. 9, 2020

Pleading / Motion / Brief
81

1:20-cv-03127

Order Granting Plaintiffs' Motion for Preliminary Injunction

487 F.Supp.3d 976, 2020 WL 5568557

Sept. 17, 2020

Sept. 17, 2020

Order/Opinion
90

1:20-cv-03127

Order Granting, In Part, Defendants' Motion to Clarify the Preliminary Injunction

2020 WL 6588502

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion
103

1:20-cv-03127

Order Regarding Election Mail

Oct. 30, 2020

Oct. 30, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18529466/state-of-washington-v-trump/

Last updated Aug. 11, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400; Receipt # 0980-3536298) Filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Purcell, Noah) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

Clearinghouse

Notice of Judge Assignment. Chief Judge Stanley A Bastian assigned to case. (LTR, Case Administrator)

Aug. 18, 2020

Aug. 18, 2020

PACER
2

Summons Issued as to Donald J Trump. (Attachments: # 1 Summons U.S. Attorney, # 2 Summons Louis DeJoy, Postmaster General, # 3 Summons USPS General Counsel)(LTR, Case Administrator) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
3

NOTICE of Appearance by Kristin Beneski on behalf of State of Washington (Attorney Kristin Beneski added to party State of Washington(pty:pla))(Beneski, Kristin) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
4

PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
5

PROOF OF SERVICE by State of Washington re All Defendants. (Beneski, Kristin) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
6

NOTICE of Appearance by Emma Grunberg on behalf of State of Washington (Attorney Emma Grunberg added to party State of Washington(pty:pla))(Grunberg, Emma) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
7

NOTICE of Appearance by Nathan Bays on behalf of State of Washington (Attorney Nathan Bays added to party State of Washington(pty:pla))(Bays, Nathan) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
8

MOTION to Appear Pro Hac Vice re Attorney: Christina Grossi. Filing fee $ 200, receipt number 0980-3538832. by State of Michigan. Motion Hearing set for 8/20/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
9

MOTION to Appear Pro Hac Vice re Attorney: Christopher G. Wells. Filing fee $ 200, receipt number 0980-3538834. by State of Illinois. Motion Hearing set for 8/20/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
10

MOTION to Appear Pro Hac Vice re Attorney: Jeffrey Dunlap. Filing fee $ 200, receipt number 0980-3538858. by State of Maryland. Motion Hearing set for 8/20/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
11

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Michigan, ECF No. 8, is GRANTED. Christina Grossi is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
12

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Illinois, ECF No. 9, is GRANTED. Christopher G. Wells is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
13

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Maryland, ECF No. 10, is GRANTED. Jeffrey Dunlap is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
14

MOTION to Expedite ORAL ARGUMENT REQUESTED by All Plaintiffs. Motion Hearing set for 8/28/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Appendix Plaintiff States' First Discovery Requests)(Purcell, Noah) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
15

DECLARATION by Kristin Beneski in Support re 14 MOTION to Expedite ORAL ARGUMENT REQUESTED filed by All Plaintiffs. (Purcell, Noah) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
16

MOTION to Expedite Consideration of Plaintiffs' Motion for Expedited Discovery by All Plaintiffs. Motion Hearing set for 8/28/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Purcell, Noah) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
17

MOTION to Appear Pro Hac Vice re Attorney: Carol L. Lewis. Filing fee $ 200, receipt number 0980-3539938. by Commonwealth of Virginia. Motion Hearing set for 8/24/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/23/2020)

Aug. 23, 2020

Aug. 23, 2020

PACER
18

MOTION to Appear Pro Hac Vice re Attorney: Heidi Parry Stern. Filing fee $ 200, receipt number 0980-3539939. by State of Nevada. Motion Hearing set for 8/24/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/23/2020)

Aug. 23, 2020

Aug. 23, 2020

PACER
19

MOTION to Appear Pro Hac Vice re Attorney: Angela Behrens. Filing fee $ 200, receipt number 0980-3539940. by State of Minnesota. Motion Hearing set for 8/24/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/23/2020)

Aug. 23, 2020

Aug. 23, 2020

PACER
20

NOTICE by State of Washington re 14 MOTION to Expedite ORAL ARGUMENT REQUESTED Errata, Exhibit 1 (Beneski, Kristin) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
21

MOTION to Appear Pro Hac Vice re Attorney: Michelle S Kallen for the Commonwealth of Virginia filed on behalf of Kristin Beneski, Filing Fee: $200, receipt number 0980-3539937. Motion Hearing set for 9/23/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (AY, Case Administrator) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
22

MOTION to Appear Pro Hac Vice re Attorney: Joshua Perry. Filing fee $ 200, receipt number 0980-3540724. by State of Connecticut. Motion Hearing set for 8/24/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
23

ORDER GRANTING PLAINTIFFS' MOTION TO EXPEDITE; Granting 16 Plaintiff's Motion to Expedite Consideration of Plaintiffs' Motion for Expedited Discovery. Motion Hearing on Plaintiff's Motion to Expedite Discovery, ECF No. 14, is set for 8/27/2020 at 01:00 PM in Yakima Courtroom 203 via Video Conference. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
24

NOTICE of Appearance by Cristina Sepe on behalf of State of Washington (Attorney Cristina Sepe added to party State of Washington(pty:pla))(Sepe, Cristina) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
25

NOTICE of Appearance by Andrew Wenderoff Hughes on behalf of State of Washington (Attorney Andrew Wenderoff Hughes added to party State of Washington(pty:pla))(Hughes, Andrew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
26

NOTICE of Appearance by Alexis Echols on behalf of All Defendants (Attorney Alexis Echols added to party Louis DeJoy(pty:dft), Attorney Alexis Echols added to party Donald J Trump(pty:dft), Attorney Alexis Echols added to party United States Postal Service(pty:dft), Attorney Alexis Echols added to party United States of America(pty:dft))(Echols, Alexis) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
27

NOTICE of Appearance by Joseph Borson on behalf of All Defendants (Attorney Joseph Borson added to party Louis DeJoy(pty:dft), Attorney Joseph Borson added to party Donald J Trump(pty:dft), Attorney Joseph Borson added to party United States Postal Service(pty:dft), Attorney Joseph Borson added to party United States of America(pty:dft))(Borson, Joseph) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
28

MOTION to Appear Pro Hac Vice re Attorney: Nicholas M. Sydow. Filing fee $ 200, receipt number 0980-3542366. by State of New Mexico. Motion Hearing set for 8/25/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
29

MEMORANDUM in Opposition re 14 MOTION to Expedite ORAL ARGUMENT REQUESTED filed by All Defendants. (Borson, Joseph) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
30

MOTION to Appear Pro Hac Vice re Attorney: Keith Hoffmann. Filing fee $ 200, receipt number 0980-3543231. by State of Rhode Island. Motion Hearing set for 8/26/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
31

NOTICE of Appearance by James S Smith on behalf of State of Oregon (Attorney James S Smith added to party State of Oregon(pty:pla))(Smith, James) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
32

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the Commonwealth of Virginia, ECF No. 17, is GRANTED. Carol L. Lewis is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) Modified on 8/26/2020 to link original motion to docket entry. (LTR, Case Administrator). (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
33

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Nevada, ECF No. 18, is GRANTED. Heidi Parry Stern is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) Modified on 8/26/2020 to link original motion to docket entry. (LTR, Case Administrator). (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
34

REPLY MEMORANDUM re 14 MOTION to Expedite ORAL ARGUMENT REQUESTED filed by State of Washington. (Purcell, Noah) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
35

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Minnesota, ECF No. 19, is GRANTED. Angela Behrens is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
36

MOTION to Appear Pro Hac Vice re Attorney: Colin Roth. Filing fee $ 200, receipt number 0980-3544866. by State of Wisconsin. Motion Hearing set for 8/27/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
37

Minute Entry for VIDEO CONFERENCE proceedings held before Chief Judge Stanley A Bastian: Motion Hearing held on 8/27/2020 re 14 MOTION to Expedite ORAL ARGUMENT REQUESTED filed by State of Rhode Island, State of Minnesota, State of Wisconsin, State of Nevada, State of Michigan, State of Vermont, State of Connecticut, State of Maryland, State of Oregon, State of Illinois, State of New Mexico, Commonwealth of Virginia, State of Washington, State of Colorado. (Reported/Recorded by: Marilynn McMartin) (MF, Courtroom Deputy) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
38

ORDER GRANTING 14 PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
39

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of New Mexico, ECF No. 28, is GRANTED. Nicholas M. Sydow is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
40

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Rhode Island, ECF No. 30, is GRANTED. Keith Hoffmann is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
41

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Wisconsin, ECF No. 36, is GRANTED. Colin Roth is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
42

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Connecticut, ECF No. 22, is GRANTED. Joshua Perry is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
43

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the Commonwealth of Virginia, ECF No. 21, is GRANTED. Michelle S. Kallen is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
44

MOTION to Appear Pro Hac Vice re Attorney: Eleanor Spottswood. Filing fee $ 200, receipt number 0980-3546757. by State of Vermont. Motion Hearing set for 8/28/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
45

STIPULATION OF SCHEDULING ORDER REGARDING DISCOVERY RESPONSES AND THE PLAINTIFF STATES' ANTICIPATED MOTION FOR PRELIMINARY INJUNCTION by All Plaintiffs. (Hughes, Andrew) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
46

NOTICE of Appearance by Karl D Smith on behalf of State of Washington (Attorney Karl D Smith added to party State of Washington(pty:pla))(Smith, Karl) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
47

MOTION to Appear Pro Hac Vice re Attorney: Eric R. Olson. Filing fee $ 200, receipt number 0980-3549137. by State of Colorado. Motion Hearing set for 9/1/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Beneski, Kristin) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
48

ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE. The hearing on 45 Plaintiff's Motion for Preliminary Injunction is set for 9/17/2020 at 10:00 AM in Yakima Courtroom 203 via Video Conference. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
49

Unopposed MOTION for Protective Order by All Defendants. Motion Hearing set for 9/3/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Borson, Joseph) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
50

ORDER GRANTING 49 DEFENDANTS' UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Expedited Discovery. Proceedings held on 8/27/20 in Video Conference before Chief Judge Stanley A Bastian. Page Numbers: 1-35 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Marilynn McMartin at 509-573-6613 or Marilynn_McMartin@waed.uscourts.gov. Redaction Request due 9/25/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/3/2020. (McMartin, Marilynn) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
52

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Colorado, ECF No. 47, is GRANTED. Eric R. Olson is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
53

TEXT-ONLY ORDER (no PDF will issue) Application for Leave to Appear Pro Hac Vice on behalf of the State of Vermont, ECF No. 44, is GRANTED. Eleanor Spottswood is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Kristin Beneski, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
54

MOTION for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 9/17/2020 at 10:00 AM via Teleconference before Chief Judge Stanley A Bastian. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit Declarations, Exhibits 1-50, # 3 Text of Proposed Order)(Purcell, Noah) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

Clearinghouse
55

DECLARATION by Andrew R.W. Hughes in Support re 54 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit A-I, # 3 Exhibit J-L, # 4 Exhibit M-CC)(Purcell, Noah) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
56

NOTICE of Appearance by Douglas Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Attorney Douglas Letter added to party UNITED STATES HOUSE OF REPRESENTATIVES(pty:am))(Letter, Douglas) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
57

Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs by UNITED STATES HOUSE OF REPRESENTATIVES. Motion Hearing set for 9/11/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Exhibit Proposed Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
58

Amicus Curiae APPEARANCE entered by Ghazal Sharifi on behalf of City of Seattle (Attorney Ghazal Sharifi added to party City of Seattle(pty:am))(Sharifi, Ghazal) (Main Document 58 replaced on 9/11/2020 to flatten document) (LTR, Case Administrator). (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
59

NOTICE of Appearance by Emily Dodds Powell on behalf of Amici Curiae Members of Congress (Attorney Emily Dodds Powell added to party Amici Curiae Members of Congress(pty:am))(Powell, Emily) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
60

NOTICE of Appearance by Anna F Cavnar on behalf of Amici Curiae Members of Congress (Attorney Anna F Cavnar added to party Amici Curiae Members of Congress(pty:am))(Cavnar, Anna) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
61

MOTION to Appear Pro Hac Vice re Attorney: Brianne J. Gorod. Filing fee $ 200, receipt number 0980-3558991. by Amici Curiae Members of Congress. Motion Hearing set for 10/13/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Powell, Emily) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
62

MOTION to Appear Pro Hac Vice re Attorney: Elizabeth B. Wydra. Filing fee $ 200, receipt number 0980-3559006. by Amici Curiae Members of Congress. Motion Hearing set for 10/13/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Powell, Emily) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
63

MOTION for Leave to File Amicus Brief by City of Seattle. Motion Hearing set for 9/17/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit List of Amici Curiae, # 3 Exhibit Proposed Order)(Sharifi, Ghazal) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
64

Amicus Curiae APPEARANCE entered by Theresa DeMonte on behalf of Amici Curiae Brady and Team Enough (Attorney Theresa DeMonte added to party Amici Curiae Brady and Team Enough(pty:am))(DeMonte, Theresa) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
65

MOTION to Appear Pro Hac Vice re Attorney: Dayna J. Zolle. Filing fee $ 200, receipt number 0980-3559019. by Amici Curiae Members of Congress. Motion Hearing set for 10/13/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Powell, Emily) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
66

MOTION for Leave to File Amicus Brief by Amici Curiae Brady and Team Enough. Motion Hearing set for 9/17/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(DeMonte, Theresa) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
67

TEXT-ONLY ORDER (no PDF will issue) Motion for Leave to Appear Pro Hac Vice for Brianne J. Gorod, ECF No. 61, is GRANTED. Brianne J. Gorod is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case as Amici Curiae. Pursuant to Local Rule 83.2(c), Associated counsel of record for Amici Curiae Members of Congress, Emily Dodds Powell and Anna F. Cavnar, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
68

MOTION for Leave to File by Amici Curiae Members of Congress. Motion Hearing set for 9/17/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Brief of MOC as Amici Curiae ISO Plaintiffs)(Powell, Emily) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
69

The U.S. House of Representatives Motion for Leave to File Brief as Amicus Curiae in Support of the Plaintiffs' Motion for Preliminary Injunction, to Exceed Page Limitations, and for Expedited Consideration, ECF No. 57, is GRANTED. The U.S. House of Representatives is granted leave to file a brief as amicus curiae that exceeds the page limits. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
70

The Unopposed Motion for Leave to File Brief as Amici Curiae in support of Plaintiffs' Motion for Preliminary Injunction by the County of Santa Clara, the City of Columbus, and Thirty-Eight Local and Tribal Governments and for Leave to File Brief in Excess of Page Limit, ECF No. 63, is GRANTED. The County of Santa Clara, the City of Columbus, and Thirty-eight Local and Tribal Governments are granted leave to file a brief as Amici Curiae that exceeds the page limits. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
71

Brady and Team Enough's Motion for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction, ECF No. 66, is GRANTED. Brady and Team Enough are granted leave to file an Amicus brief. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
72

The Motion of Members of Congress for Leave to File Brief as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Junction, ECF No. 68, is GRANTED. The Members of Congress are granted leave to file a brief as amici curiae. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
73

TEXT-ONLY ORDER (no PDF will issue) Motion for Leave to Appear Pro Hac Vice for Elizabeth B. Wydra, ECF No. 62, is GRANTED. Elizabeth B. Wydra is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case as Amici Curiae. Pursuant to Local Rule 83.2(c), Associated counsel of record for Amici Curiae Members of Congress, Emily Dodds Powell and Anna F. Cavnar, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
74

TEXT-ONLY ORDER (no PDF will issue) Motion for Leave to Appear Pro Hac Vice for Dayna J. Zolle, ECF No. 65, is GRANTED. Dayna J. Zolle is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case as Amici Curiae. Pursuant to Local Rule 83.2(c), Associated counsel of record for Amici Curiae Members of Congress, Emily Dodds Powell and Anna F. Cavnar, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
75

NOTICE of Hearing on Motion - By Court - Text entry; no PDF document. Oral Argument Requested re 54 MOTION for Preliminary Injunction : Motion Hearing set for 9/17/2020 at 10:00 AM Yakima Courtroom 203 before Chief Judge Stanley A Bastian. Members of the public and press may listen to the proceedings by using the following conference call line, 888-204-5984, access code: 6790153, five minutes before the scheduled conference time. Non-parties on the call MUST MUTE YOUR PHONES. Hearing content provided via videoconference or teleconference dial-in access MUST NOT be recorded or rebroadcast.(MF, Courtroom Deputy) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
76

MEMORANDUM in Opposition re 54 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit 1-15, # 2 Exhibit Decs (Barber, Citron, Curtis), # 3 Exhibit Decs (Colin, Couch, DeChambeau, Glass, Prokity, Vo))(Borson, Joseph) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
77

NOTICE by All Defendants re 76 Memorandum in Opposition to Motion, Supplemental Dec. of Robert Cintron (Attachments: # 1 Exhibit Supp. Cintron Dec)(Borson, Joseph) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
78

AMICUS BRIEF by City of Seattle. (Sharifi, Ghazal) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
79

REPLY MEMORANDUM re 54 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jocelyn Benson, # 2 Exhibit Declaration of Ken Fajardo)(Purcell, Noah) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
80

DECLARATION by Andrew R.W. Hughes in Support re 54 MOTION for Preliminary Injunction (Supplemental) filed by State of Washington. (Attachments: # 1 Exhibit Exs. DD-HH)(Purcell, Noah) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
81

ORDER GRANTING 54 PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

Clearinghouse
82

Minute Entry for VIDEO CONFERENCE and TELEPHONIC proceedings held before Chief Judge Stanley A Bastian: Motion Hearing held on 9/17/2020. (Reported/Recorded by: Marilynn McMartin) (AN, Courtroom Deputy) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
83

MOTION to Clarify re 81 Order on Motion for Preliminary Injunction by All Defendants. Motion Hearing set for 10/23/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Exhibit A. Operating Instructions, # 2 Exhibit Dec. Cintron, # 3 Exhibit Dec. Glass, # 4 Text of Proposed Order)(Borson, Joseph) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
84

Unopposed MOTION to Expedite Motion to Clarify Preliminary Injunction, Unopposed MOTION for Leave to File Excess Pages by Louis DeJoy, Donald J Trump, United States Postal Service, United States of America. Motion Hearing set for 9/30/2020 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
85

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction. Proceedings held on 9/17/2020 in Yakima, Washington before Chief Judge Stanley A Bastian. Page Numbers: 1-96 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Marilynn McMartin at 509-573-6613 or Marilynn_McMartin@waed.uscourts.gov. Redaction Request due 10/15/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/23/2020. (McMartin, Marilynn) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
86

ORDER DIRECTING PLAINTIFFS TO RESPOND; Granting 84 Defendants Unopposed Motion for Expedited Consideration and to Exceed Page Limits of Defendants Motion for Clarification. Within seven (7) days from the date of this Order, Plaintiffs shall file a response to 83 Defendants' Motion to Clarify the Preliminary Injunction. Motion Hearing, Re ECF No. 83, set for 10/2/2020 Without Oral Argument. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
87

NOTICE by All Defendants re 83 MOTION to Clarify re 81 Order on Motion for Preliminary Injunction Notice of Supplemental Materials (Attachments: # 1 Exhibit Stand-Up Talk, # 2 Exhibit Additional Election Mail Resources)(Borson, Joseph) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
88

RESPONSE to Motion re 83 MOTION to Clarify re 81 Order on Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Purcell, Noah) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
89

DECLARATION by Emma Grunberg in Opposition re 83 MOTION to Clarify re 81 Order on Motion for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Purcell, Noah) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
90

ORDER granting, in part, 83 Defendants' Motion to Clarify the Preliminary Injunction. Signed by Chief Judge Stanley A Bastian. (VR, Courtroom Deputy) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER

Case Details