Case: Moreno v. Denney

1:20-cv-00242 | 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 11/19/2020, Voting for Idaho's 2020 Primary election was available only by absentee ballot due to COVID-19 concerns. The absentee ballot request website crashed on the last day for voters to request absentee ballots. Voters and a principal political campaign committee sued the Secretary of State to extend the deadline to r…

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 11/19/2020,

Voting for Idaho's 2020 Primary election was available only by absentee ballot due to COVID-19 concerns. The absentee ballot request website crashed on the last day for voters to request absentee ballots. Voters and a principal political campaign committee sued the Secretary of State to extend the deadline to request absentee ballots and to provide public notice of this extension through the website and local media. They claim: (1) the failure of the website to function properly in the days leading up to the deadline violated the fundamental right to vote inherent in the United States Constitution, 52 U.S.C. § 10101, 42 U.S.C. § 1983, and Idaho Constitution Art. 1 §§ 1, 2, 19; and (2) these violations caused Plaintiffs irreparable harm and will continue to do so absent an injunction. Plaintiffs' motions for emergency injunctive relief were granted.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17181425/parties/nicholas-jones-for-congress-v-idaho-secretary-of-state/


Judge(s)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Hodson, Alexandra (Idaho)

Lombardo, Amy A. (Idaho)

Judge(s)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Hodson, Alexandra (Idaho)

Lombardo, Amy A. (Idaho)

Documents in the Clearinghouse

Document

Docket [PACER]

Nicholas Jones for Congress v. Idaho Secretary of State

Sept. 16, 2020 Docket
2

Amended Petition/Motion for Temporary Restraining Order and Emergency Injunctive Relief

Moreno v. Idaho Secretary of State

May 20, 2020 Complaint
9

Order

Moreno v. Idaho Secretary of State

2020 WL 6557731

May 23, 2020 Order/Opinion
15

Judgment

Moreno v. Idaho Secretary of State

Sept. 16, 2020 Order/Opinion

Resources

Title Description External URL

Moreno v. Denney

Stanford-MIT Healthy Elections Project

Voting for Idaho's 2020 Primary election was available only by absentee ballot due to COVID-19 concerns. The absentee ballot request website crashed on the last day for voters to request absentee bal… Nov. 19, 2020 https://healthyelections-case-tracker.stanford.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17181425/nicholas-jones-for-congress-v-idaho-secretary-of-state/

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

ECF Number Description Date Link
1

MOTION FOR TEMPORARY RESTRAINING ORDER AND EMERGENCY INJUNCTIVE RELIEF - (Filing fee $ 400 receipt number 0976-2050102.), filed by Nicholas Jones for Congress. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Cover Sheet)(Lombardo, Amy) (Attachment 3 replaced on 5/20/2020 with a version that cannot be edited) (ckh). Modified on 5/20/2020 to show as a pending motion on the docket and correct title in docket text (km).

2

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May 19, 2020 PACER
2

Amended MOTION for Preliminary Injunction and TRO Amy Allen Lombardo appearing for Plaintiff Nicholas Jones for Congress. Responses due by 6/10/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Dena Moreno, # 3 Declaration of Robert Thomas, # 4 Summons, # 5 Summons)(Lombardo, Amy)

1 Memorandum in Support

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2 Declaration of Dena Moreno

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3 Declaration of Robert Thomas

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4 Summons

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5 Summons

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May 20, 2020 Clearinghouse
3

Summons Issued as to Idaho Secretary of State and Lawerence Denney. (Print attached Summons for service.) (Attachments: # 1 Lawerence Denney Summons) (ckh)

May 21, 2020 PACER
4

NOTICE OF HEARING: The Court will hold a video hearing on Plaintiffs' Motions for Preliminary Injunctive Relief 1, 2 on Friday, May 22, 2020 at 4:00 p.m. -- 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: 160 347 0332; Password: 250935. Members of the public are reminded to mute their phones and that recording the proceedings is prohibited. (wcf)

May 21, 2020 PACER
5

SUPPLEMENT by Plaintiffs Dena Moreno, Nicholas Jones for Congress, Robert Thomas re 2 Amended MOTION for Preliminary Injunction and TRO . (Attachments: # 1 Declaration of Alexandra L. Hodson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Lombardo, Amy)

1 Declaration of Alexandra L. Hodson

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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May 22, 2020 RECAP
6

MEMORANDUM in Opposition re 2 Amended MOTION for Preliminary Injunction and TRO filed by Idaho Secretary of State, Lawerence Denney. Replies due by 6/5/2020. (Attachments: # 1 Declaration of Chad Houck, # 2 Exhibit A to Declaration of Chad Houck, # 3 Exhibit B to Declaration of Chad Houck, # 4 Exhibit C to Declaration of Chad Houck)(Berry, Robert)

1 Declaration of Chad Houck

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2 Exhibit A to Declaration of Chad Houck

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3 Exhibit B to Declaration of Chad Houck

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4 Exhibit C to Declaration of Chad Houck

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May 22, 2020 RECAP
7

DECLARATION of Tim Kline re 5 Supplement, filed by Dena Moreno, Nicholas Jones for Congress, Robert Thomas . (Attachments: # 1 Declaration of Ritchie Eppink, # 2 Errata A, # 3 Declaration of Sunrise Ayers, # 4 Exhibit A, # 5 Exhibit B)(Lombardo, Amy)

1

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3

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May 22, 2020 PACER
8

DECLARATION of Robin Davis re 5 Supplement, filed by Dena Moreno, Nicholas Jones for Congress, Robert Thomas . (Attachments: # 1 Amended Declaration of Robert Thomas Leahy, # 2 Amended Declaration of Tim Kline, # 3 Exhibit A)(Lombardo, Amy)

1 Amended Declaration of Robert Thomas Leahy

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2 Amended Declaration of Tim Kline

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3 Exhibit A

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May 22, 2020 RECAP
10

Minute Entry for proceedings held before Judge B. Lynn Winmill: Video Motion Hearing held on 5/22/2020 re 2 Amended Motion for Preliminary Injunction and TRO filed by Nicholas Jones for Congress. Motion granted. (Court Reporter Tammy Hohenleitner.) (jlb) (Entered: 05/26/2020)

May 22, 2020 PACER
9

ORDER: For the reasons stated at the hearing on May 22, 2020 the Motions for injunctive relief 1, 2 are GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

May 23, 2020 Clearinghouse
11

MOTION for Attorney Fees Amy Allen Lombardo appearing for Plaintiffs Dena Moreno, Nicholas Jones for Congress, Robert Thomas. Responses due by 7/2/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amy A. Lombardo, # 3 Exhibit A, # 4 Exhibit B)(Lombardo, Amy)

June 11, 2020 PACER
12

MEMORANDUM in Opposition re 11 MOTION for Attorney Fees filed by Idaho Secretary of State, Lawerence Denney. Replies due by 7/16/2020.(Berry, Robert)

July 2, 2020 RECAP
13

REPLY to Response to Motion re 11 MOTION for Attorney Fees filed by Dena Moreno, Nicholas Jones for Congress, Robert Thomas.Motion Ripe Deadline set for 7/17/2020.(Lombardo, Amy)

July 16, 2020 PACER
14

MEMORANDUM DECISION AND ORDER re 11 Motion for Attorney Fees. IT IS ORDERED that Plaintiffs' Motion for Attorneys' Fees and Costs (Dkt. 11 ) is GRANTED to the extent Plaintiffs are awarded $26,873.50 in fees, expenses, and costs. 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 (ckh)

Sept. 16, 2020 RECAP
15

JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that Judgment be entered in favor of Plaintiffs and against Defendants. Plaintiffs shall be entitled to $ 26,873.50 in fees, expenses, and costs. 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 (ckh)

Sept. 16, 2020 Clearinghouse
14

MEMORANDUM DECISION AND ORDER re 11 Motion for Attorney Fees. IT IS ORDERED that Plaintiffs' Motion for Attorneys' Fees and Costs (Dkt. 11 ) is GRANTED to the extent Plaintiffs are awarded $26,873.50 in fees, expenses, and costs. 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 (ckh)

Sept. 16, 2020 RECAP
15

JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that Judgment be entered in favor of Plaintiffs and against Defendants. Plaintiffs shall be entitled to $ 26,873.50 in fees, expenses, and costs. 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 (ckh)

Sept. 16, 2020 PACER

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