Case: Paher v. Cegavske

3:20-cv-00243 | U.S. District Court for the District of Nevada

Filed Date: April 21, 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 September 7, 2020, Plaintiffs claim that a universal mail voting plan violates the right to vote (1st and 14th Amendments). They further claim that the plan violates the Purcell principle, violates Article I, § 4 of the Constitution, and violates Article IV, § 4 as well as the Nevada Constitution. State constitutional clai…

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 September 7, 2020,

Plaintiffs claim that a universal mail voting plan violates the right to vote (1st and 14th Amendments). They further claim that the plan violates the Purcell principle, violates Article I, § 4 of the Constitution, and violates Article IV, § 4 as well as the Nevada Constitution. State constitutional claims: The universal mail voting plan violates the right to vote (article 2, §1; art. 1, §§ 8,9) Amendments). The court rejected the request for a preliminary injunction against an all-mail election for the upcoming June 9, 2020 Nevada primary. Specifically, the court held that the Plaintiffs had no standing, but that even if they established standing, Defendants’ interests in protecting the health and safety of Nevada’s voters outweigh any burden on the plaintiffs’ right to vote, especially when that burden is premised on a speculative claim of voter fraud resulting in dilution of votes.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17089570/parties/paher-v-nevada-secretary-of-state/


Judge(s)

Cobb, William G (Nevada)

Du, Miranda Mai (Nevada)

Attorneys(s) for Plaintiff

Bopp, James Jr. (Indiana)

Coleson, Richard E. (Indiana)

Narog, Amanda L (Indiana)

O'Mara, David (Nevada)

Youngs, Corrine L (Indiana)

Attorneys(s) for Defendant

Kaplan, Herbert B. (Nevada)

Miller, Mary-Anne M (Nevada)

Newby, Craig A (Nevada)

Judge(s)

Cobb, William G (Nevada)

Du, Miranda Mai (Nevada)

Attorneys(s) for Plaintiff

Bopp, James Jr. (Indiana)

Coleson, Richard E. (Indiana)

Narog, Amanda L (Indiana)

O'Mara, David (Nevada)

Youngs, Corrine L (Indiana)

Attorneys(s) for Defendant

Kaplan, Herbert B. (Nevada)

Miller, Mary-Anne M (Nevada)

Newby, Craig A (Nevada)

Zunino, Gregory Louis (Nevada)

Other Attorney(s)

Bravo, Daniel (Nevada)

Brewster, Henry J (District of Columbia)

Elgart, Courtney (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hawley, Jonathan P (Washington)

Khanna, Abha (Washington)

Schrager, Bradley (Nevada)

Documents in the Clearinghouse

Document

Docket [PACER]

Paher v. Nevada Secretary of State

July 31, 2020 Docket
1

Verified Complaint for Declaratory and Injunctive Relief

April 21, 2020 Complaint
57

Order

457 F.Supp.3d 919

April 30, 2020 Order/Opinion
64

Amended Verified Complaint for Declaratory and Injunctive Relief

May 13, 2020 Complaint
83

Order

2020 WL 2748301

May 27, 2020 Order/Opinion
92

Order

2020 WL 4431567

July 31, 2020 Order/Opinion

Resources

Title Description External URL

Paher v. Cegavske

Healthy Elections Project

Plaintiffs claim that a universal mail voting plan violates the right to vote (1st and 14th Amendments). They further claim that the plan violates the Purcell principle, violates Article I, § 4 of th… Sept. 7, 2020 https://healthyelections-case-tracker.stanford.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17089570/paher-v-nevada-secretary-of-state/

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

ECF Number Description Date Link
1

COMPLAINT against Nevada Secretary of State, Washoe County Registrar of Voters (Filing fee $400 receipt number 0978-5975146) by Stanley William Paher, Gary Hamilton, Terresa Monroe-Hamilton. Proof of service due by 7/20/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons) (OMara, David) 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: 04/21/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Civil Cover Sheet

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9 Summons

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10 Summons

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April 21, 2020 RECAP
2

MOTION for Preliminary Injunction by Plaintiffs Gary Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. Responses due by 5/5/2020. (OMara, David) (Entered: 04/21/2020)

April 21, 2020 RECAP
3

MOTION to Expedite Briefing Schedule and Hearing on the Merits by Plaintiffs Gary Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/21/2020)

April 21, 2020 RECAP
4

MOTION to Consolidate hearing on Motion for Preliminary Injunction with Hearing on Merits for the Complaint by Plaintiffs Gary Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. Responses due by 5/5/2020. (OMara, David) (Entered: 04/21/2020)

April 21, 2020 RECAP
5

CERTIFICATE OF SERVICE for 3 Motion to Expedite, 4 Motion, 2 Motion for Preliminary Injunction by Plaintiffs Gary Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/21/2020)

April 21, 2020 PACER
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SUMMONSES ISSUED as to All Defendants. (Attachments: # 1 Summons for Deanna Spikula) (AB) (Entered: 04/22/2020)

April 22, 2020 PACER

Standing Order

April 22, 2020 PACER

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

April 22, 2020 PACER
7

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: 04/22/2020)

April 22, 2020 PACER
8

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel James Bopp, Jr. to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/6/2020. (no image attached) (WJ) (Entered: 04/22/2020)

April 22, 2020 PACER
9

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Richard E. Coleson to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/6/2020. (no image attached) (WJ) (Entered: 04/22/2020)

April 22, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Corrine L. Youngs to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/6/2020. (no image attached) (WJ) (Entered: 04/22/2020)

April 22, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Amanda L. Narog to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/6/2020. (no image attached) (WJ) (Entered: 04/22/2020)

April 22, 2020 PACER
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MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/22/2020. By Deputy Clerk: Peggie Vannozzi. The Court defers ruling on Plaintiffs' motion to expedite briefing schedule (ECF No. 3 ) to permit Plaintiffs to supplement their motion by 3:00 pm today to explain the reason for the apparent delay in bringing the motion for preliminary injunction when according to Plaintiffs, the challenged Plan was announced on March 24, 2020 (ECF No. 2 at 4). Failure to supplement will result in denial of the motion to expedite briefing schedule.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/22/2020)

April 22, 2020 PACER
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SUPPLEMENT to 3 Motion to Expedite by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher (Attachments: # 1 Declaration, # 2 Declaration) (OMara, David) (Entered: 04/22/2020)

April 22, 2020 PACER
14

ORDER - The Court will grant the Motion to expedite briefing (ECF Nos. 3 / 13 ) in part : 1.Defendants Barbara Cegavske and Deanna Spikula, who Plaintiffs sue in their official capacities, will have until April 27, 2020, at 10:00 am PST to file responses to the two pending motions (ECF Nos. 2 (motion for preliminary injunction), 4 (motion to consolidate)). 2. Plaintiffs will have until April 28, 2020, at 5:00 pm PST to file replies. 3. A hearing via telephone on the two pending motions will be set for April 29, 2020, at 10:00 am. The Court will consider allowing in person hearing if the parties anticipate evidence to be presented. Any such request must be filed by April 24, 2020. 4. The Court denies the request requiring a ruling on May 1, 2020. The Court will endeavor to rule on the pending motions expeditiously to allow for the parties to pursue appellate review. Signed by Chief Judge Miranda M. Du on 4/22/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/22/2020)

April 22, 2020 RECAP
15

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/22/2020. By Deputy Clerk: Peggie Vannozzi. A telephonic hearing is set for 4/29/2020 at 10:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Telephonic participants are to call 1-888-251-2909, at least 10 minutes prior to the hearing, and enter code 3803398 and password 042920. The use of speaker phones/cell phones is prohibited. 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: 04/22/2020)

April 22, 2020 PACER
16

ACCEPTANCE OF SERVICE by Barbara Cegavske on 4/22/2020 executed by Stanley William Paher, Garry Hamilton, Terresa Monroe-Hamilton re 3 Motion to Expedite, 1 Complaint,, 4 Motion, 2 Motion for Preliminary Injunction. (OMara, David) (Entered: 04/22/2020)

April 22, 2020 PACER
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NOTICE to Court concerning April 29, 2020 Hearing by Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/24/2020)

April 24, 2020 PACER
18

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by James Bopp, Jr. and DESIGNATION of Local Counsel David C. O'Mara (Filing fee $ 250 receipt number 0978-5980485) by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/24/2020)

April 24, 2020 PACER
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MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amanda L. Narog and DESIGNATION of Local Counsel David C. O'Mara (Filing fee $ 250 receipt number 0978-5980495) by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/24/2020)

April 24, 2020 PACER
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MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Richard E. Coleson and DESIGNATION of Local Counsel David C. O'Mara (Filing fee $ 250 receipt number 0978-5980513) by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/24/2020)

April 24, 2020 PACER
21

DECLARATION of Wayne Thorley re 2 Motion for Preliminary Injunction by Defendant Barbara Cegavske. (Zunino, Gregory) (Entered: 04/24/2020)

April 24, 2020 RECAP
22

ORDER APPROVING ECF No. 18 Verified Petition for Permission to Practice Pro Hac Vice of Attorney James Bopp, Jr., and approving Designation of Local Counsel David C. O'Mara. Signed by Chief Judge Miranda M. Du on 4/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/27/2020)

April 24, 2020 PACER
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ORDER APPROVING ECF No. 19 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Amanda L. Narog and approving Designation of Local Counsel David C. O'Mara. Signed by Chief Judge Miranda M. Du on 4/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/27/2020)

April 24, 2020 PACER
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ORDER APPROVING ECF No. 20 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Richard E. Coleson and approving Designation of Local Counsel David C. O'Mara. Signed by Chief Judge Miranda M. Du on 4/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/27/2020)

April 24, 2020 PACER
25

RESPONSE to 2 Motion for Preliminary Injunction by Defendant Deanna Spikula. Replies due by 5/4/2020. (Kaplan, Herbert) (Entered: 04/27/2020)

April 27, 2020 PACER

Order on Motion for Miscellaneous Relief

April 27, 2020 PACER
26

DECLARATION re 25 Response by Defendant Deanna Spikula. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kaplan, Herbert) Modified on 4/27/2020 add link to motion 2 (WJ). (Entered: 04/27/2020)

April 27, 2020 PACER
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MOTION to Intervene Motion to Intervene as Defendants by Intervenor Defendants Nevada State Democratic Party, DNC Services Corporation/Democratic National Committee, DCCC, Priorities USA, John Solomon. Responses due by 5/11/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Schrager, Bradley) (Entered: 04/27/2020)

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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April 27, 2020 RECAP
28

RESPONSE to 2 Motion for Preliminary Injunction by Defendant Barbara Cegavske. Replies due by 5/4/2020. (Zunino, Gregory) (Entered: 04/27/2020)

April 27, 2020 RECAP
29

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Marc E. Elias to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 5/11/2020. (no image attached) (WJ) (Entered: 04/27/2020)

April 27, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Henry J. Brewster to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 5/11/2020. (no image attached) (WJ) (Entered: 04/27/2020)

April 27, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Courtney A. Elgart to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 5/11/2020. (no image attached) (WJ) (Entered: 04/27/2020)

April 27, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Abha Khanna to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 5/11/2020. (no image attached) (WJ) (Entered: 04/27/2020)

April 27, 2020 PACER
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NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jonathan P. Hawley to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 5/11/2020. (no image attached) (WJ) (Entered: 04/27/2020)

April 27, 2020 PACER
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MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/27/2020. By Deputy Clerk: Peggie Vannozzi. Responses to the motion to intervene (ECF No. 27 ) must be filed by April 28, 2020 at 12:00 pm PST. The Court will set a reply deadline if it deems a reply to be necessary. In addition, given that the Court has in part granted Plaintiffs' request for an expedited briefing schedule, any responses to proposed Intervenor-Defendants' brief in opposition to plaintiffs motion for a preliminary injunction (ECF No. 27 -1) must be filed by April 28, 2020 at 5:00 pm PST.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/27/2020)

April 27, 2020 PACER
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CERTIFICATE of Interested Parties by DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. There are no known interested parties other than those participating in the case (Schrager, Bradley) (Entered: 04/27/2020)

April 27, 2020 PACER
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MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/27/2020. Before the Court is Plaintiffs' motion to consolidate hearing on motion for preliminary injunction with hearing on the merits. (ECF No. 4 .) The expedited response deadline has passed without opposition from Defendants. The Court agrees that consolidation under Fed. R. Civ. P. 65(a)(2) is warranted here where the relevant facts are matters of public records, the disputed issues are legal issues, and consolidation will result in an expedited resolution of the case. The Court grants Plaintiffs motion to consolidate (ECF No. 4 ). (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/27/2020)

April 27, 2020 PACER
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CERTIFICATE of Interested Parties by Stanley William Paher. There are no known interested parties other than those participating in the case (OMara, David) (Entered: 04/27/2020)

April 27, 2020 PACER
38

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Corrine L. Youngs and DESIGNATION of Local Counsel David C. O'Mara (Filing fee $ 250 receipt number 0978-5983819) by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (OMara, David) (Entered: 04/28/2020)

April 28, 2020 PACER
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ORDER that Proposed Intervenors-Defendants' motion to intervene (ECF No. 27 ) is granted. Signed by Chief Judge Miranda M. Du on 4/28/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 04/28/2020)

April 28, 2020 RECAP
40

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Marc Erik Elias and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-5984086) by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 04/28/2020)

April 28, 2020 PACER
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MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Abha Khanna and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-5984105) by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 04/28/2020)

April 28, 2020 PACER
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NOTICE: Attorney Action Required to ECF No. 41 Ahka Khanna's Motion for Permission to Practice Pro Hac Vice - Verified Petition and ECF No. 40 Marc Elias's Motion for Permission to Practice Pro Hac Vice - Verified Petition. Petitioners are directed to obtain the signature of Intervenor Defendant John Solomon on each of their petitions and resubmit the petitions by selecting the Notice of Corrected Image/Document event under the Notices category and link the corrected images to their respective petitions (ECF Nos. 40 and 41 ). (no image attached) (PAV) (Entered: 04/28/2020)

April 28, 2020 PACER
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REPLY to Response to 2 Motion for Preliminary Injunction by Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. (Narog, Amanda) (Entered: 04/28/2020)

April 28, 2020 PACER
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NOTICE of Corrected Image/Document re 40 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Service of corrected image is attached.) (Schrager, Bradley) (Entered: 04/28/2020)

April 28, 2020 PACER
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NOTICE of Corrected Image/Document re 41 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Service of corrected image is attached.) (Schrager, Bradley) (Entered: 04/28/2020)

April 28, 2020 PACER
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ORDER approving ECF No. 41 Verified Petition for Permission to Practice Pro Hac Vice by Abha Khanna and approving Designation of Local Counsel by Bradley Schrager. Signed by Chief Judge Miranda M. Du on 4/28/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - AB) (Entered: 04/29/2020)

April 28, 2020 PACER
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ORDER approving ECF No. 40 Verified Petition for Permission to Practice Pro Hac Vice by Marc Erik Elias and approving Designation of Local Counsel by Bradley Schrager. Signed by Chief Judge Miranda M. Du on 4/28/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - AB) (Entered: 04/29/2020)

April 28, 2020 PACER
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ORDER APPROVING ECF No. 38 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Corrine L. Youngs, and approving Designation of Local Counsel David C. O'Mara. Signed by Chief Judge Miranda M. Du on 4/28/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/29/2020)

April 28, 2020 PACER
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MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 4/29/2020 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: James Bopp, Jr., David O'Mara; Def Counsel: Gregory Zunino and Craig Newby (for Defendant Secretary of State), Herbert Kaplan (for Defendant Washoe County Registrar of Voters); Marc Elias, Courtney Elgart, Abha Khanna, Bradley Schraeger and Daniel Bravo (for Defendant Internvenors); Court Reporter: Kathy French; Time of Hearing: 10:03 AM - 11:30 AM; Courtroom: 5; Also present by telephone: Nevada Sectary of State Barbara Cegavske with deputies Wayne Thorley and Scott Anderson and Washoe County Registrar of Voters Deanna Spikula. The Court advises counsel that it has reviewed the briefs as to Plaintiff's Motion for Preliminary Injunction (ECF No. 2,) Defendants' responses (ECF Nos. [25, 28, 27 -1) the declaration of Deanna Spikula (ECF No. 25,) and Plaintiffs' reply (ECF No. 43 .) The Court has no need for counsel to address the COVID-19 issue. Mr. Bopp, Mr. Zunino, Mr. Kaplan and Ms. Khanna present argument. Mr. Kaplan asks the Court to allow Washoe County to supplement its response. The Court will allow Washoe County to supplement its response on a very narrow issue. The supplement must be filed by the end of the day. Mr. Bopp presents Plaintiffs' reply argument and answers questions posed by the Court. Mr. Kaplan answers a question posed by the Court. The Court will not authorize any additional supplementation other than as to the narrow issue identified above. Plaintiff's motion for preliminary injunction (ECF No. 2 ) is taken under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/29/2020)

April 29, 2020 PACER
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DECLARATION of Deanna Spikula re 26 Declaration, 25 Response by Defendant Deanna Spikula. (Kaplan, Herbert) Modified on 4/29/2020 add link to motion 2 (WJ). (Entered: 04/29/2020)

April 29, 2020 RECAP
51

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Courtney Anne Elgart and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-5985836) by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 04/29/2020)

April 29, 2020 PACER
52

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Henry Brewster and DESIGNATION of Local Counsel (Filing fee $ 250 receipt number 0978-5985847) by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 04/29/2020)

April 29, 2020 PACER
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MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan P. Hawley and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-5985862) by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 04/29/2020)

April 29, 2020 PACER
54

ORDER approving ECF No. 52 Verified Petition for Permission to Practice Pro Hac Vice by Henry Brewster and approving Designation of Local Counsel by Bradley Schrager. Signed by Chief Judge Miranda M. Du on 4/29/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - AB) (Entered: 04/30/2020)

April 29, 2020 PACER
55

ORDER APPROVING ECF no. 51 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Courtney Anne Elgart, and approving Designation of Local Counsel Bradley Schrager. Signed by Chief Judge Miranda M. Du on 4/29/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/30/2020)

April 29, 2020 PACER
56

ORDER approving ECF No. 53 Verified Petition for Permission to Practice Pro Hac Vice by Jonathan P. Hawley and approving Designation of Local Counsel by Bradley Schrager. Signed by Chief Judge Miranda M. Du on 4/29/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - AB) (Entered: 04/30/2020)

April 29, 2020 PACER
57

ORDER denying 2 Motion for Preliminary Injunction; Signed by Chief Judge Miranda M. Du on 4/30/2020. (Copies have been distributed pursuant to the NEF - LE) (Entered: 04/30/2020)

April 30, 2020 RECAP
58

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Henry J. Brewster is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ) (Entered: 05/05/2020)

May 5, 2020 PACER
59

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Courtney A. Elgart is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ) (Entered: 05/05/2020)

May 5, 2020 PACER
60

SUMMONS Returned Executed by Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. Deanna Spikula served on 4/22/2020. (OMara, David) (Entered: 05/05/2020)

May 5, 2020 PACER
61

Mail Returned as Undeliverable re ECF No. 23 Order approving Verified Petition for Permission to Practice Pro Hac Vice, addressed to Amanda L. Narog. (DRM) (Entered: 05/07/2020)

May 7, 2020 PACER
62

MOTION to Dismiss 1 Complaint,, by Defendant Deanna Spikula. Responses due by 5/25/2020. (Kaplan, Herbert) (Entered: 05/11/2020)

May 11, 2020 RECAP
63

JOINDER to 62 Motion to Dismiss by Defendant Barbara Cegavske. (Zunino, Gregory) (Entered: 05/12/2020)

May 12, 2020 RECAP
64

AMENDED COMPLAINT against All Plaintiffs by Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher. Adds new parties. (Attachments: # 1 Exhibit Exhibits A - S, # 2 Summons Clark County) (Narog, Amanda) (Entered: 05/13/2020)

1 Exhibit Exhibits A - S

View on PACER

2 Summons Clark County

View on PACER

May 13, 2020 RECAP
65

Second MOTION for Preliminary Injunction by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. Responses due by 5/27/2020. (Narog, Amanda) (Entered: 05/13/2020)

May 13, 2020 RECAP
66

Second MOTION to Expedite re 65 Motion for Preliminary Injunction, by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. (Narog, Amanda) (Entered: 05/13/2020)

May 13, 2020 PACER
67

Second MOTION to Consolidate Hearing of Preliminary Injunction with Hearing on the Merits re 65 Motion for Preliminary Injunction, by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. Responses due by 5/27/2020. (Narog, Amanda) (Entered: 05/13/2020)

May 13, 2020 PACER
68

ACCEPTANCE OF SERVICE by Clark County Registrar of Voters on 5/15/2020 executed by Linda Barnett, Garry Hamilton, Mark Ecker, Nevada Right to Life, Terresa Monroe-Hamilton, Daryl Bryon DeShaw, Stanley William Paher, Gary Gladwill re 64 Amended Complaint. (OMara, David) (Entered: 05/15/2020)

May 15, 2020 PACER

Order on Motion to Expedite

May 15, 2020 PACER
69

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/15/2020. It is not clear to the Court whether Plaintiffs unreasonably delayed filing their second motion for preliminary injunction (ECF No. 65 ), but the Court will nevertheless grant the second motion to expedite (ECF No. 66 ) in part. Defendants and Intervenor-Defendants will have until May 20, 2020 to file their response; Plaintiffs will have until May 21, 2020 to file their reply; the Court will issue a separate order setting a hearing on May 22, 2020 at 10:00 AM though the hearing may be vacated if the Court deems it unnecessary after reviewing the briefs. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/15/2020)

May 15, 2020 PACER
70

TRANSCRIPT of Proceedings, 49 Motion Hearing,,,,,,, held on 4-29-20, before Chief Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 6/6/2020. Redacted Transcript Deadline is set for 6/16/2020. Release of the Transcript Restriction is set for 8/14/2020. 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: 05/16/2020)

May 16, 2020 PACER
71

MOTION to Dismiss 64 Amended Complaint by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. Responses due by 6/2/2020. (Schrager, Bradley) (Entered: 05/19/2020)

May 19, 2020 RECAP
72

RESPONSE to 65 Motion for Preliminary Injunction, by Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. Replies due by 5/27/2020. (Schrager, Bradley) (Entered: 05/20/2020)

May 20, 2020 PACER
73

JOINDER to 71 Motion to Dismiss by Defendant Deanna Spikula. (Kaplan, Herbert) (Entered: 05/20/2020)

May 20, 2020 PACER
74

RESPONSE to 65 Motion for Preliminary Injunction, by Defendant Deanna Spikula. Replies due by 5/27/2020. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Kaplan, Herbert) (Entered: 05/20/2020)

May 20, 2020 PACER
75

RESPONSE to 65 Motion for Preliminary Injunction, by Defendant Clark County Registrar of Voters. Replies due by 5/27/2020. (Miller, Mary-Anne) (Entered: 05/20/2020)

May 20, 2020 PACER
76

JOINDER to 71 Motion to Dismiss by Defendant Clark County Registrar of Voters. (Miller, Mary-Anne) (Entered: 05/20/2020)

May 20, 2020 PACER
77

MOTION to Dismiss 65 Motion for Preliminary Injunction, by Defendant Barbara Cegavske. Responses due by 6/3/2020. (Zunino, Gregory) (Entered: 05/20/2020)

May 20, 2020 PACER
78

RESPONSE to 65 Motion for Preliminary Injunction, by Defendant Barbara Cegavske. (Zunino, Gregory) (Entered: 05/20/2020)

May 20, 2020 RECAP
79

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/21/2020. The Court finds a hearing is unnecessary on Plaintiff's second motion for preliminary injunction (ECF No. 65 ). The telephonic hearing set for 5/22/2020 at 10:00 AM is vacated. The Court will issue a written ruling on the second motion for preliminary injunction (ECF No. 65 ) when the motion is fully briefed. Defendant Spikula's motion to dismiss (ECF No. 62 ) is denied as moot in light of the filing of the amended complaint (ECF No. 64 ). (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/21/2020)

May 21, 2020 PACER
80

REPLY to Response to 65 Motion for Preliminary Injunction, by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. (Narog, Amanda) (Entered: 05/21/2020)

May 21, 2020 RECAP

~Util - Terminate Deadlines/Hearings AND Order on Motion to Dismiss

May 21, 2020 PACER
81

First MOTION to Extend Time (First Request) re 71 Motion to Dismiss, 77 Motion to Dismiss, 76 Joinder, 73 Joinder by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. (Narog, Amanda) (Entered: 05/26/2020)

May 26, 2020 RECAP
82

STRICKEN PER ORDER 83 SUPPLEMENT to 65 Motion for Preliminary Injunction, by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher (Narog, Amanda) Modified on 5/27/2020 see order 83 (WJ) (Entered: 05/27/2020)

May 27, 2020 RECAP
83

IT IS THEREFORE ORDERED that Plaintiffs' second motion for preliminary injunction (ECF No. 65 ) is denied for the reasons provided herein; FURTHER ORDERED that Plaintiffs' motion to consolidate hearing on the second motion for preliminary injunction with a hearing on its merits (ECF No. 67 ) is denied as moot. IT IS FURTHER ORDERED that Plaintiffs' supplemental brief (ECF No. [82}) is stricken as improperly submitted without leave of court. Signed by Chief Judge Miranda M. Du on 5/27/2020. (Copies have been distributed pursuant to the NEF - WJ) (Entered: 05/27/2020)

May 27, 2020 RECAP
84

ORDER granting ECF No. 81 Motion to Extend Time. Responses to the Motions to Dismiss (ECF Nos. 71, 77 ) are due by July 3,2020. Signed by Chief Judge Miranda M. Du on 6/1/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 06/01/2020)

June 1, 2020 RECAP
85

MOTION to Withdraw as Attorney by Corrine L. Youngs for Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. (Youngs, Corrine) (Entered: 06/26/2020)

June 26, 2020 PACER
86

ORDER granting ECF No. 85 Motion to Withdraw as Attorney. Corrine Youngs withdrawn from the case. Signed by Magistrate Judge William G. Cobb on 6/29/2020. (Copies have been distributed pursuant to the NEF - KR) (Entered: 06/29/2020)

June 29, 2020 RECAP
87

RESPONSE to 71 Motion to Dismiss, 77 Motion to Dismiss by Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right to Life, Stanley William Paher. Replies due by 7/9/2020. (Narog, Amanda) (Entered: 07/02/2020)

July 2, 2020 PACER
88

REPLY to Response to 77 Motion to Dismiss by Defendant Barbara Cegavske. (Zunino, Gregory) (Entered: 07/08/2020)

July 8, 2020 PACER
89

REPLY to Response to 71 Motion to Dismiss by Intervenor Defendants DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. (Schrager, Bradley) (Entered: 07/09/2020)

July 9, 2020 PACER
90

JOINDER to 89 Reply by Defendant Deanna Spikula. (Kaplan, Herbert) Modified on 7/9/2020 add link to motion 71 (WJ). (Entered: 07/09/2020)

July 9, 2020 PACER
91

CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. 90 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: 07/09/2020)

July 9, 2020 PACER
92

ORDER - This case is now dismissed as moot. The Court therefore does not consider the merits of Plaintiffs' claims. The pending Motions to Dismiss (ECF Nos. 71, 77 ) are thereby moot and denied accordingly. Clerk is directed to enter judgment in accordance with this order and close this case. Signed by Chief Judge Miranda M. Du on 7/31/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 07/31/2020)

July 31, 2020 RECAP
93

JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 7/31/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 07/31/2020)

July 31, 2020 PACER

State / Territory: Nevada

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: April 21, 2020

Case Ongoing: Yes