Case: Sinner v. Jaeger

The Stanford-MIT Healthy Elections Project

COMPLAINT against Al Jaeger (Filing fee $400, receipt number: 320000278) filed by Elizabeth Jane Sinner, Whitney Oxendahl, Carol Sawicki, Lois Altenburg, North Dakota Voters First. (Attachments: # 1 Civil Cover Sheet)(js) Modified to add additional party on 5/7/2020. NEF regenerated (pb) (Entered: 05/06/2020)

1 Civil Cover Sheet

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Summons Issued as to Al Jaeger. (js) (Entered: 05/06/2020)

MOTION to Appear Pro Hac Vice Attorney Annabelle E. Harless (Filing fee $150, receipt number ANDDC-1950811) by Lois Altenburg, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner, North Dakota Voters First. (Harless, Annabelle) Modified to add additional party on 5/7/2020. NEF regenerated (pb). Modified on 5/7/2020 to add receipt number (cjs). (Entered: 05/07/2020)

MOTION for Preliminary Injunction by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Purdon, Timothy) (Entered: 05/07/2020)

MEMORANDUM in Support re 4 MOTION for Preliminary Injunction filed by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Attachments: # 1 Exhibit 1 - Sawicki Delcaration, # 2 Exhibit 2 - EO 2020-03, # 3 Exhibit 3 - EO 2020-06, # 4 Exhibit 4 - EO 2020-05, # 5 Exhibit 5 - EO 2020-10, # 6 Exhibit 6 - EO 2020-13, # 7 Exhibit 7 - EO 2020-06.1, # 8 Exhibit 8 - EO 2020.06.2, # 9 Exhibit 9 - EO 2020.06.3, # 10 Exhibit 10 - EO 2020-16, # 11 Exhibit 11 - EO 2020-19, # 12 Exhibit 12 - EO 2020-19.1, # 13 Exhibit 13 - EO 2020-22, # 14 Exhibit 14 - Dept of Health Order 2020-07, # 15 Exhibit 15 - EO 2020-06.4, # 16 Exhibit 16 - DND Admin. Order, # 17 Exhibit 17 - ND Sup. Ct. Admin. Order, # 18 Exhibit 18 - Oxendahl Declaration, # 19 Exhibit 19 - Altenburg Declaration, # 20 Exhibit 20 - Sinner Declaration, # 21 Exhibit 21 - Quamme Declaration, # 22 Exhibit 22 - Esshaki Opinion, # 23 Exhibit 23 - Levy-Pollans Declaration)(Purdon, Timothy) (Attachment 22 replaced on 5/8/2020 to correct overlapping filing headers) (cjs). Regenerated on 5/8/2020 (cjs). (Entered: 05/07/2020)

ACKNOWLEDGMENT OF SERVICE Executed as to 1 Complaint, 2 Summons Issued filed by Elizabeth Jane Sinner, Whitney Oxendahl, North Dakota Voters First, Carol Sawicki, Lois Altenburg. Al Jaeger served on 5/7/2020, answer due 5/28/2020. (Purdon, Timothy) (Entered: 05/07/2020)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 3 Motion to Appear Pro Hac Vice for Attorney Annabelle Harless. (cjs) (Entered: 05/07/2020)

MOTION to Appear Pro Hac Vice Attorney Ruth Merewyn Greenwood (Filing fee $150, receipt number ANDDC-1950942) by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Greenwood, Ruth) Modified on 5/7/2020 to add receipt number (cjs). (Entered: 05/07/2020)

MOTION to Appear Pro Hac Vice Attorney Christopher Lamar (Filing fee $150, receipt number ANDDC-1950931) by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Lamar, Christopher) Modified on 5/7/2020 to add receipt number (cjs). (Entered: 05/07/2020)

DOCKET CORRECTION re: 1 COMPLAINT and 3 MOTION. Clerk's Office added North Dakota Voters First as Plaintiff to action. Party missed at time of case opening. North Dakota Voters First added as additional plaintiff of record. (pb)

NOTICE of Appearance by David R. Phillips on behalf of Al Jaeger (Phillips, David) (Entered: 05/08/2020)

NOTICE of Appearance by Matthew A. Sagsveen on behalf of Al Jaeger (Sagsveen, Matthew) (Entered: 05/08/2020)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 8 Motion to Appear Pro Hac Vice for Attorney Ruth Merewyn Greenwood; granting 9 Motion to Appear Pro Hac Vice for Attorney Christopher Lamar. (cjs) (Entered: 05/08/2020)

MOTION to Expedite Briefing Schedule (Assented) by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Purdon, Timothy) (Entered: 05/08/2020)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 13 Motion to Expedite Briefing Schedule re 4 Motion for Preliminary Injunction. Response is due by 5/20/2020. Reply is due by 5/22/2020. (LF) (Entered: 05/11/2020)

Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction . Responses due by 5/20/2020 Replies due by 5/22/2020. (rh)

MOTION to Appear Pro Hac Vice Attorney Simone Leeper (Filing fee $150, receipt number BNDDC-1953822) by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Leeper, Simone) Modified on 5/18/2020 to add receipt number. (rh) (Entered: 05/15/2020)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 15 Motion to Appear Pro Hac Vice for Attorney Simone Leeper. (rh) (Entered: 05/18/2020)

RESPONSE to Motion re 4 MOTION for Preliminary Injunction filed by Al Jaeger. (Attachments: # 1 Affidavit of Jaeger, # 2 Exhibit 1 to Affidavit of Jaeger-History of Initiative and Referendum, # 3 Exhibit 2 to Affidavit of Jaeger-Article III, ND Constitution, # 4 Exhibit 3 to Affidavit of Jaeger-NDCC 16.1-01-09, # 5 Exhibit 4 to Affidavit of Jaeger-Excerpts of Initiating Publication, # 6 Exhibit 5 to Affidavit of Jaeger-2019-2021 Edition Table of Contents, # 7 Exhibit 6 to Affidavit of Jaeger-2019-2021 Initiating and Referring Law in ND, # 8 Exhibit 7 to Affidavit of Jaeger-Website excerpts, # 9 Exhibit 8 to Affidavit of Jaeger-Letter dated 3/6/2020, # 10 Exhibit 9 to Affidavit of Jaeger-Letter dated 03/17/2020, # 11 Exhibit 10 to Affidavit of Jaeger-Letter dated 04/30/2020, # 12 Exhibit 11 to Affidavit of Jaeger-Affidavit, # 13 Exhibit 12 to Affidavit of Jaeger-Letter acknowledging receipt, # 14 Exhibit 13 to Affidavit of Jaeger-Voter postcards, # 15 Exhibit 14 to Affidavit of Jaeger-Detailed guideline for review process, # 16 Exhibit 15 to Affidavit of Jaeger-Worksheet and final tally sheet, # 17 Exhibit 16 to Affidavit of Jaeger-Letter approving placement, # 18 Exhibit 17 to Affidavit of Jaeger-NDCC 16.1-01-12, # 19 Exhibit 18 - E.O. 2020-06.6, # 20 Exhibit 19 - Order in New Approach v. MT, # 21 Affidavit of Silrum)(Phillips, David) Modified on 5/21/2020 to add descriptions for Exhibits 1-17 (cjs). (Entered: 05/20/2020)

NOTICE of Appearance by Mark Gaber on behalf of Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner (Gaber, Mark) (Entered: 05/20/2020)

DOCKET CORRECTION re: 17 Response to Motion. Clerk's Office added descriptions for Exhibits 1-17. (cjs)

NOTICE of Hearing: Status Conference set for 5/27/2020 at 09:00 AM by telephone before Chief Judge Peter D. Welte. Counsel provided conference call dial-in information via e-mail. (EA) (Entered: 05/22/2020)

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Attachments: # 1 Exhibit 1: Thompson v. DeWine Opinion & Order, # 2 Exhibit 2: Jacobson Declaration)(Gaber, Mark) (Entered: 05/22/2020)

NOTICE by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner re 20 Reply to Response to Motion, Notice of Filing Corrected Declaration of Amy Jacobson (with attachments) (Attachments: # 1 Exhibit 2: Corrected Jacobson Declaration (with attachments))(Gaber, Mark) (Entered: 05/22/2020)

NOTICE of Hearing on 4 MOTION for Preliminary Injunction: Motion Hearing set for 6/4/2020 at 02:00 PM CT in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (EA) (Entered: 05/27/2020)

Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 5/27/2020. (DR #05272020 sinner v jaeger) (lh) (Entered: 05/27/2020)

MOTION to Appear Pro Hac Vice Attorney Robert N. Weiner (Filing fee $150, receipt number: ANDDC-1959543) by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Weiner, Robert) Modified on 5/27/2020 to add receipt number to docket text. (js) (Entered: 05/27/2020)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 24 Motion to Appear Pro Hac Vice for Attorney Robert Neil Weiner. (js) (Entered: 05/27/2020)

ANSWER to 1 Complaint, by Al Jaeger.(Phillips, David) (Entered: 05/28/2020)

NOTICE of Supplemental Authority in Support of 20 REPLY to Response to Motion by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner Notice of Supplemental Authority (Attachments: # 1 Exhibit 1 - Miller v. Thurston Opinion and Order, # 2 Exhibit 2 - Thompson v. DeWine Sixth Circuit Opinion)(Harless, Annabelle) Modified on 6/3/2020 to add link and exhibit numbers to docket text; Attachment 1 replaced on 6/3/2020 to remove double header - NEF Regenerated. (js) (Entered: 06/02/2020)

AFFIDAVIT Second Declaration of Amy Jacobson re 5 MEMORANDUM in Support,,,, by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Leeper, Simone) (Entered: 06/03/2020)

NOTICE by Al Jaeger re 17 Response to Motion,,,,, (Attachments: # 1 Exhibit 1 - Executive Order 2020-06.7)(Phillips, David) (Entered: 06/03/2020)

DOCKET CORRECTION re: 27 NOTICE (Other). Clerks office added link to docket entry and added exhibit numbers to docket text. Clerks Office also removed double header from attachment/exhibit 1. (js)

Minute Entry for proceedings held before Chief Judge Peter D. Welte: Motion Hearing held on 6/4/2020 re 4 MOTION for Preliminary Injunction filed by Carol Sawicki, Elizabeth Jane Sinner, Whitney Oxendahl, North Dakota Voters First, Lois Altenburg. (Court Reporter kk) (lh) (Entered: 06/04/2020)

SURREPLY to 4 MOTION for Preliminary Injunction filed by Al Jaeger. (Attachments: # 1 Exhibit 1 - Miller v. Thurston, # 2 Exhibit 2 - Arizonans for Fair Elections v Hobbs, # 3 Exhibit 3 - Morgan v White, # 4 Exhibit 4 - Fair Maps Nevada v Cegavske, # 5 Exhibit 5 - Thompson v Dewine, # 6 Exhibit 6 - Self Advocacy Solutions ND v Jaeger)(Phillips, David) (Entered: 06/08/2020)

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ORDER by Chief Judge Peter D. Welte denying 4 Motion for Preliminary Injunction. (MK)

STIPULATION of Dismissal by Lois Altenburg, North Dakota Voters First, Whitney Oxendahl, Carol Sawicki, Elizabeth Jane Sinner. (Purdon, Timothy) (Entered: 06/22/2020)

ORDER Adopting 33 Stipulation of Dismissal filed by Carol Sawicki, Elizabeth Jane Sinner, Whitney Oxendahl, North Dakota Voters First, and Lois Altenburg by Chief Judge Peter D. Welte. (EA) (Entered: 06/24/2020)

Civil Case Terminated. (as)