Case: Reclaim Idaho v. Little

1:20-cv-00268 | U.S. District Court for the District of Idaho

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 November 19, 2020, Reclaim Idaho, a political action committee, is seeking a preliminary injunction in relation to its “Invest in Idaho” educational funding initiative. Under Idaho law, petitioners must meet certain deadlines and requirements, including an 18-month window to collect over 55,000 statewide signatures, for an…

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 November 19, 2020,

Reclaim Idaho, a political action committee, is seeking a preliminary injunction in relation to its “Invest in Idaho” educational funding initiative. Under Idaho law, petitioners must meet certain deadlines and requirements, including an 18-month window to collect over 55,000 statewide signatures, for an initiative to appear on the next ballot. Idaho law has also been interpreted to preclude electronic signatures for initiatives. Reclaim Idaho alleges it was on pace to meet the requirements and deadlines until the COVID-19 pandemic and state prophylactic orders prevented it from effectively gathering signatures. Consequently, plaintiff claims Idaho law now operates to deprive it of First Amendment guarantees. Reclaim seeks modification of Idaho’s in person signature collection requirements and the deadlines for gathering and presentation of collected signatures in light of stay-at-home orders.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17229196/parties/reclaim-idaho-v-little/


Judge(s)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Attorneys(s) for Defendant

Berry, Robert Arthur (Idaho)

Larrondo, Megan A (Idaho)

Judge(s)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Attorneys(s) for Defendant

Berry, Robert Arthur (Idaho)

Larrondo, Megan A (Idaho)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 27, 2020 Docket
1

Complaint for Declaratory Judgment and Preliminary Injunction

June 6, 2020 Complaint
14

Memorandum Decision and Order

469 F.Supp.3d 988, 2020 WL 3490216

June 26, 2020 Order/Opinion
19

Order Granting in Part and Denying in Part Plaintiffs' Motion to Enforce the Court's Order

2020 WL 6559401

June 30, 2020 Order/Opinion
48-1

Opinion

U. S. Court of Appeals for the Ninth Circuit

826 Fed.Appx. 592

Sept. 1, 2020 Order/Opinion

Resources

Title Description External URL

Reclaim Idaho v. Little

COVID-Related Election Litigation Tracker

Reclaim Idaho, a political action committee, is seeking a preliminary injunction in relation to its “Invest in Idaho” educational funding initiative. Under Idaho law, petitioners must meet certain de… Nov. 19, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=39

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17229196/reclaim-idaho-v-little/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

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

View on PACER

2 Exhibit Declaration of Luke Mayville

View on PACER

3 Exhibit Declaration of Rebecca Schroeder

View on PACER

4 Exhibit Declaration of Deborah Silver

View on PACER

5 Exhibit Declaration of Ashley Prince

View on PACER

6 Exhibit Declaration Linda Larson

View on PACER

7 Exhibit Declaration of Karen Lansing

View on PACER

June 6, 2020 PACER
1

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

View on RECAP

2 Summons Governor LIttle

View on RECAP

3 Summons Secretary of State Denney

View on RECAP

June 6, 2020 Clearinghouse

Set Motion and R&R Deadlines/Hearings

June 8, 2020 PACER

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)

June 8, 2020 PACER
4

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)

June 8, 2020 PACER
3

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

June 8, 2020 PACER
7

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)

June 10, 2020 PACER
6

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)

June 10, 2020 PACER
5

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

June 10, 2020 PACER
8

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)

June 18, 2020 PACER
9

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)

June 21, 2020 PACER
10

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)

June 22, 2020 PACER
13

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)

June 23, 2020 PACER
12

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

June 23, 2020 PACER
11

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)

June 23, 2020 PACER
16

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

View on PACER

2 Exhibit B

View on PACER

June 26, 2020 RECAP
15

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)

June 26, 2020 PACER
14

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)

June 26, 2020 Clearinghouse
18

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

June 29, 2020 RECAP
17

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)

June 29, 2020 RECAP
20

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

June 30, 2020 PACER
19

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)

June 30, 2020 Clearinghouse
21

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

July 1, 2020 PACER
22

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)

July 2, 2020 PACER
24

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)

July 9, 2020 PACER
23

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

July 9, 2020 PACER
25

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)

July 10, 2020 PACER
26

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)

July 27, 2020 PACER
27

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

July 30, 2020 PACER
28

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

Aug. 5, 2020 PACER
29

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)

Aug. 14, 2020 PACER

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)

Aug. 17, 2020 PACER
32

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

Sept. 1, 2020 RECAP
30

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)

Sept. 1, 2020 PACER
31

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)

Sept. 3, 2020 PACER
33

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

Sept. 23, 2020 RECAP
33

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

Sept. 23, 2020 RECAP

State / Territory: Idaho

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes