Case: Fair Maps Nevada v. Cegavske

Healthy Elections Project

COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5994859) by Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. Proof of service due by 8/4/2020. (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, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Civil Cover Sheet) (Hosmer-Henner, Adam) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/06/2020)

MOTION for Preliminary Injunction by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. Responses due by 5/20/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Hosmer-Henner, Adam) (Entered: 05/06/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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MOTION to Expedite by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Hosmer-Henner, Adam) (Entered: 05/06/2020)

CERTIFICATE of Interested Parties by Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. There are no known interested parties other than those participating in the case (Hosmer-Henner, Adam) (Entered: 05/06/2020)

STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/07/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/7/2020. Good cause appearing, Plaintiffs' motion to expedite (ECF No. 3 ) briefing on Plaintiffs' motion for preliminary injunction (ECF No. 2 ) is granted. Responses are due by 5/15/2020. Replies are due by 5/19/2020. A telephonic hearing on Plaintiffs' motion for preliminary injunction (ECF No. 2 ) is set for 5/21/2020 at 10:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel, parties and interested members of the public are to call the AT&T audio conference line, 1-888-251-2909, at least 10 minutes prior to the start of the hearing. The access code is 3803398 and the password is 052120. The use of speaker phones and cell phones is prohibited. Persons calling into the line must identify themselves to the Courtroom Administrator and then place their phone on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/07/2020)

Order on Motion to Expedite

Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. ***Emergency motion previously filed in case.*** (WJ)

Standing Order

WAIVER OF SERVICE Returned Executed by Deanne Spikula. Deanne Spikula waiver sent on 5/8/2020, answer due 7/7/2020. (Kaplan, Herbert) (Entered: 05/08/2020)

NOTICE Acceptance of Service by Barbara Cegavske. (Zunino, Gregory) (Entered: 05/08/2020)

NOTICE of Appearance by attorney Gregory Louis Zunino on behalf of Defendant Barbara Cegavske. (Zunino, Gregory) (Entered: 05/08/2020)

NOTICE of Association of Counsel by Craig A. Newby on behalf of Defendant Barbara Cegavske. (Newby, Craig) (Entered: 05/08/2020)

ACCEPTANCE OF SERVICE by Joseph P Gloria on 5/12/2020 executed by Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Hosmer-Henner, Adam) (Entered: 05/12/2020)

ACCEPTANCE OF SERVICE by Aubrey Rowlatt on 5/12/2020 executed by Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Hosmer-Henner, Adam) (Entered: 05/12/2020)

ANSWER to 1 Complaint,,, filed by Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan. Discovery Plan/Scheduling Order due by 6/27/2020.(Hardy, Brian) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/13/2020)

CERTIFICATE of Interested Parties by Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan. There are no known interested parties other than those participating in the case (Hardy, Brian) (Entered: 05/13/2020)

MOTION to Intervene by Intervenor Defendants Nevada Resort Association PAC, Leonard Jackson. Responses due by 5/27/2020. (Attachments: # 1 Exhibit Declaration of Virginia Valentine, # 2 Exhibit Declaration of Rev. Leonard Jackson, # 3 Exhibit Proposed Intervenors' Opposition to Motion for Preliminary Injunction) (Benson, K.) (Entered: 05/13/2020)

1 Exhibit Declaration of Virginia Valentine

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2 Exhibit Declaration of Rev. Leonard Jackson

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3 Exhibit Proposed Intervenors' Opposition to Motion for Preliminary Injuncti

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CERTIFICATE of Interested Parties by Leonard Jackson, Nevada Resort Association PAC. There are no known interested parties other than those participating in the case (Benson, K.) (Entered: 05/13/2020)

ACCEPTANCE OF SERVICE by Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan on 5/11/2020 executed by Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Hosmer-Henner, Adam) (Entered: 05/14/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/14/2020. By Deputy Clerk: Peggie Vannozzi. Any response to the motion to intervene (ECF No. 15 ) must be filed by May 18, 2020. Pending the Courts decision on said motion, Plaintiffs are directed to respond to the proposed intervenors' opposition to motion for preliminary injunction (ECF No. 15 -3) by May 19, 2020.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/14/2020)

RESPONSE to 2 Motion for Preliminary Injunction, by Defendants Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan. Replies due by 5/22/2020. (Hardy, Brian) (Entered: 05/15/2020)

DECLARATION of Kathy Lewis re 19 Response, by Defendants Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan. (Hardy, Brian) Modified on 5/15/2020 add link to motion 2 . (WJ). (Entered: 05/15/2020)

CERTIFICATE of Interested Parties by Aubrey Rowlatt. There are no known interested parties other than those participating in the case (Woodbury, Jason) (Entered: 05/15/2020)

CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. 20 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) (Entered: 05/15/2020)

JOINDER to 19 Response, by Defendant Deanne Spikula. (Kaplan, Herbert) Modified on 5/18/2020 add link to motion 2 (WJ). (Entered: 05/15/2020)

RESPONSE to 2 Motion for Preliminary Injunction, by Defendant Barbara Cegavske. Replies due by 5/22/2020. (Attachments: # 1 Exhibit Chart) (Zunino, Gregory) (Entered: 05/15/2020)

1 Exhibit Chart

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MOTION to Dismiss 1 Complaint,,, by Defendant Barbara Cegavske. Responses due by 5/29/2020. (Attachments: # 1 Exhibit Chart) (Zunino, Gregory) (Entered: 05/15/2020)

JOINDER to 25 Motion to Dismiss by Defendant Deanne Spikula. (Kaplan, Herbert) (Entered: 05/15/2020)

JOINDER to 19 Response, by Defendant Aubrey Rowlatt. (Woodbury, Jason) Modified on 5/18/2020 add link to motion 2 (WJ). (Entered: 05/15/2020)

JOINDER to 19 Response, by Defendant Joseph P Gloria. (Miller, Mary-Anne) Modified on 5/18/2020 add link to motion 2 (WJ). (Entered: 05/15/2020)

JOINDER to 25 Motion to Dismiss by Defendants Nichole Baldwin, Nikki A. Bryan, Lacey Donaldson, Lacinda Elgan, Lisa Hoehna, Kristina Jakeman, Kathy Lewis, Lisa Lloyd, Sandra Merlino, Christopher Nepper, Linda Rothery, Tammi Rae Spero, Vanessa Stevens, Sadie Sullivan. (Hardy, Brian) (Entered: 05/18/2020)

CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. 28, 23, 27 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) (Entered: 05/18/2020)

CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. 27 . Attorney J Daniel Yu is advised to review and update his/her user account information. (no image attached) (WJ) Modified on 5/27/2020 COMPLIED (WJ). (Entered: 05/18/2020)

RESPONSE to 15 Motion to Intervene, by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. Replies due by 5/25/2020. (Hosmer-Henner, Adam) (Entered: 05/18/2020)

JOINDER to 25 Motion to Dismiss by Defendant Aubrey Rowlatt. (Woodbury, Jason) (Entered: 05/19/2020)

NOTICE of Appearance by attorney Wade Carner on behalf of Defendant Deanne Spikula. Notice of Additional Appearance (Carner, Wade) (Entered: 05/19/2020)

REPLY to Response to 2 Motion for Preliminary Injunction, by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hosmer-Henner, Adam) (Entered: 05/19/2020)

ORDER granting ECF No. 15 Motion to Intervene. Signed by Chief Judge Miranda M. Du on 5/20/2020.(Copies have been distributed pursuant to the NEF - AB) (Entered: 05/20/2020)

MOTION for Leave to File Supplemental Authority re 2 Motion for Preliminary Injunction, by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Attachments: # 1 Exhibit A) (Hosmer-Henner, Adam) (Entered: 05/20/2020)

1 Exhibit A

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MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 5/21/2020 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Adam Hosmer-Henner, Lucas Foletta; Def Counsel: Gregory Zunino, Craig Newby (for Secretary of State); Wade Carner (for Washoe County), Benjamin Johnson (for Carson City), Mary-Anne Miller (for Clark County), Brian Hardy (for rural counties); Present for Intervenors: Kevin Benson, Matthew Griffin; Court Reporter: Kathy French; Time of Hearing: 10:02 AM - 11:30 AM; Courtroom: 5; Also present: Plaintiffs Sondra Cosgrove and Laura Hale, Defendants Barbara Cegavske and Deanna Spikula. The Court grants Plaintiff's motion for eave to file supplemental authority (ECF No. 37 .) Mr. Hosmer-Henner, Mr. Zunino, Mr. Hardy, Ms. Miller, Mr. Carner, Mr. Johnson and Mr. Benson present argument. The Court takes Plaintiff's motion for preliminary injunction (ECF No. 2 ) under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/21/2020)

MOTION for Leave to File in Support of Opposition to Motion for Preliminary Injunction re 24 Response by Defendant Barbara Cegavske. (Attachments: # 1 Exhibit Thompson v Dewine, Opinion and Order) (Zunino, Gregory) (Entered: 05/21/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/21/2020. Good cause appearing, Defendant Cegavske's motion for leave (ECF No. 39 ) to file a supplement to its opposition (ECF No. 24 ) is granted. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/21/2020)

ERRATA to 39 Motion for Leave to File Document by Defendant Barbara Cegavske. (Attachments: # 1 Errata) (Zunino, Gregory) (Entered: 05/21/2020)

Order on Motion for Leave to File Document

MOTION for Leave to File Supplemental Authority re 2 Motion for Preliminary Injunction, 35 Reply by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. (Attachments: # 1 Exhibit A) (Hosmer-Henner, Adam) (Entered: 05/27/2020)

1 Exhibit A

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MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/28/2020. Good cause appearing, Plaintiffs' motion for leave to file supplemental authority (ECF No. 42) is granted. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad) (Entered: 05/28/2020)

Order on Motion for Leave to File Document

ORDERED that Plaintiffs' motion for preliminary injunction (ECF No. 2 ) is granted in part, and denied in part. NRS ยง 295.056(3) is unconstitutional as applied to Plaintiffs by Defendant Barbara Cegavske under the unique factual circumstances of this case. Plaintiffs' motion for preliminary injunction is otherwise denied in all other respects. It is further ordered that Defendant Barbara Cegavske's motion to dismiss (ECF No. 25 ) is denied. Signed by Chief Judge Miranda M. Du on 5/29/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/29/2020)

ANSWER to 1 Complaint,,, filed by Joseph P Gloria.(Miller, Mary-Anne) (Entered: 06/01/2020)

TRANSCRIPT of Proceedings, 38 Order on Motion for Leave to File Document,,,,, Motion Hearing,,,, held on 5-21-20, before Chief Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 6/25/2020. Redacted Transcript Deadline is set for 7/5/2020. Release of the Transcript Restriction is set for 9/2/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) (Entered: 06/04/2020)

Joint MOTION to Approve Consent Decree by Plaintiffs Sondra Cosgrove, Fair Maps Nevada, Douglas Goodman, Robert MacDonald. Responses due by 6/22/2020. (Attachments: # 1 Exhibit A) (Hosmer-Henner, Adam) (Entered: 06/08/2020)

1 Exhibit A

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CONSENT DECREE granting ECF No. 47 Joint Motion. Signed by Chief Judge Miranda M. Du on 6/9/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/10/2020)