Case: McCarter v. Brown

6:20-cv-01048 | U.S. District Court for the District of Oregon

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 09/28/2020, Plaintiff sought a Temporary Restraining Order and Preliminary Injunction asking for multiple types of relief due to the Governor of Oregon and various local county officials’ executive orders’ violating plaintiff’s Constitutional Rights afforded under the 1st Amendment and 14th Amendment of the U.S. Constituti…

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 09/28/2020,

Plaintiff sought a Temporary Restraining Order and Preliminary Injunction asking for multiple types of relief due to the Governor of Oregon and various local county officials’ executive orders’ violating plaintiff’s Constitutional Rights afforded under the 1st Amendment and 14th Amendment of the U.S. Constitution. Plaintiff’s main complaint is that rules related to the requirements for election ballot initiatives coupled with prohibitions on gatherings and requiring social distancing related to COVID-19, limited Plaintiff from being able to obtain the requisite number of petition signatures required to add a referendum to certain county ballots. The Court denied Plaintiff’s Complaint, using rational basis review after finding that Plaintiff did not satisfy the 9th Circuit Court of Appeals test for applying strict scrutiny. Using the rational basis test, the Court found that Defendant’s requirements for ballot initiatives further an important regulatory interest, and that Plaintiff has not shown a likelihood of success on the merits of his claim therefore precluding the preliminary injunction.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17309916/parties/mccarter-v-brown/


Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Defendant

Bailey, James E. (Oregon)

Beatty-Walters, Christina L. (Oregon)

Benton, Joel C. (Oregon)

Carollo, Dominic M. (Oregon)

Cloran, William F. (Oregon)

Eisler, John (Oregon)

Hicks, Matthew W. (Oregon)

Marshall, Brian Simmonds (District of Columbia)

Meyer, Paul E. (Oregon)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Defendant

Bailey, James E. (Oregon)

Beatty-Walters, Christina L. (Oregon)

Benton, Joel C. (Oregon)

Carollo, Dominic M. (Oregon)

Cloran, William F. (Oregon)

Eisler, John (Oregon)

Hicks, Matthew W. (Oregon)

Marshall, Brian Simmonds (District of Columbia)

Meyer, Paul E. (Oregon)

Simmons, Madison T. (Oregon)

Wallace, Jeffrey M. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 17, 2020 Docket
1

Complaint

June 30, 2020 Complaint
7

Motion for Preliminary Injunction and/or Temporary Restraining Order and Attached Memorandum of Law in Support

July 6, 2020 Pleading / Motion / Brief
33

Opinion and Order

2020 WL 4059698

July 20, 2020 Order/Opinion
35

Second Motion for Preliminary Injunction and/or Temporary Restraining Order and Attached Memorandum of Law in Support

July 22, 2020 Pleading / Motion / Brief
47

Judgment

Sept. 17, 2020 Order/Opinion
48

Amended Judgment

Sept. 17, 2020 Order/Opinion

Resources

Title Description External URL

McCarter v. Brown

Stanford-MIT Healthy Elections Project

Plaintiff sought a Temporary Restraining Order and Preliminary Injunction asking for multiple types of relief due to the Governor of Oregon and various local county officials’ executive orders’ viola… Sept. 28, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=109

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17309916/mccarter-v-brown/

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

ECF Number Description Date Link
1

Complaint. (No Filing Fee Paid or IFP Application Filed) Jury Trial Requested: No. Filed by Michael R. McCarter against All Defendants. (plb) (Entered: 06/30/2020)

June 30, 2020 Clearinghouse
2

Notice of Case Assignment: This case is assigned to Judge Michael J. McShane. (Mailed to Pro Se party on 6/30/2020.) (plb) (Entered: 06/30/2020)

June 30, 2020 PACER
3

Notice of Appearance of Christina L. Beatty-Walters appearing on behalf of Kate Brown, Bev Clarno Filed by on behalf of Kate Brown, Bev Clarno. (Beatty-Walters, Christina) (Entered: 07/02/2020)

July 2, 2020 PACER
4

Notice of Appearance of Brian Simmonds Marshall appearing on behalf of Kate Brown, Bev Clarno Filed by on behalf of Kate Brown, Bev Clarno. (Marshall, Brian) (Entered: 07/02/2020)

July 2, 2020 PACER
5

Application for CM/ECF Registration as a Self-Represented Party. Filed by Michael R. McCarter. (ck) (Entered: 07/06/2020)

July 6, 2020 PACER
6

Fee in amount of $400 collected; Receipt No. ORX600013445 issued. (Mailed to Pro Se party on 07/06/2020.) (jw) (Entered: 07/06/2020)

July 6, 2020 PACER
7

Motion for Preliminary Injunction. Filed by Michael R. McCarter. (Attachment: # 1 Proposed Order) (plb) (Entered: 07/07/2020)

1 Proposed Order

View on PACER

July 6, 2020 Clearinghouse
8

Notice of Appearance of Paul E. Meyer appearing on behalf of Daniel Loomis Filed by on behalf of Daniel Loomis. (Meyer, Paul) (Entered: 07/08/2020)

July 8, 2020 PACER
9

ORDER: Granting 5 Application for CM/ECF Registration as a Self-Represented Party. Signed on 7/8/2020 by Judge Michael J. McShane. (cp) (Entered: 07/08/2020)

July 8, 2020 PACER
10

Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/5/2020. Joint Alternate Dispute Resolution Report is due by 12/7/2020. Pretrial Order is due by 12/7/2020. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/08/2020)

July 8, 2020 PACER
11

Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Motion for Preliminary Injunction 7 is set for 7/20/2020 at 02:00PM in Eugene by telephone before Judge Michael J. McShane. Response is due by 7/16/2020. The Court will provide the parties with the conference call-in number by separate email. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/10/2020)

July 10, 2020 PACER

1 - Scheduling

July 10, 2020 PACER
12

Summons Issued Electronically as to Kate Brown, Bobbi Childers, Robin A. Church, Bev Clarno, Stacie Geaney, Rhiannon Henkels, Stefanie Kirby, Renee Kolen, Sandy Lathrop, Kim Lindell, Rochelle Long, Daniel Loomis, Jenine McDermid, Brenda Percy, Derrin Robinson, Cheryl Seely, Gayle Trotter, Katherine Zemke. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments - Summons: # 1 Brenda Percy Grant County, # 2 Cheryl Seely Crook County, # 3 Daniel Loomis Douglas County, # 4 Derrin Robinson Harney County, # 5 Gayle Trotter Malheur County, # 6 Gov. Kate Brown, # 7 Jenine McDermid Sherman County, # 8 Katherine Zemke Jefferson County, # 9 Renee Kolen Curry County, # 10 Rhiannon Henkels Josephine County, # 11 Rochelle Long Klamanth County, # 12 Stacie Geaney Lake County, # 13 Stefanie Kirby Baker County, # 14 Bev Clarno Secretary of State, # 15 Kim Lindell Umatilla County, # 16 Robin Church Union County, # 17 Sandy Lathrop Wallowa County) (jw) (Entered: 07/14/2020)

July 14, 2020 PACER
13

Notice of Appearance of Matthew W. Hicks appearing on behalf of Rhiannon Henkels Filed by on behalf of Rhiannon Henkels. (Hicks, Matthew) (Entered: 07/15/2020)

July 15, 2020 PACER
14

First Notice of Appearance of Jeffrey M. Wallace appearing on behalf of Jenine McDermid Filed by on behalf of Jenine McDermid. (Wallace, Jeffrey) (Entered: 07/15/2020)

July 15, 2020 PACER
15

First Answer to 1 Complaint 6:20-CV-01048-MC. Filed by Jenine McDermid. (Attachments: # 1 Memorandum in Support of Answer, # 2 Declaration in Support of Answer) (Wallace, Jeffrey) (Attachment 2 replaced on 7/22/2020) (cw). (Entered: 07/16/2020)

July 16, 2020 PACER
16

Notice of Appearance of John Eisler appearing on behalf of Cheryl Seely Filed by on behalf of Cheryl Seely. (Eisler, John) (Entered: 07/16/2020)

July 16, 2020 PACER
17

Response to Motion for Preliminary Injunction 7 . Filed by Rhiannon Henkels. (Hicks, Matthew) (Entered: 07/16/2020)

July 16, 2020 PACER
18

Response in Opposition to Motion for Preliminary Injunction 7 Oral Argument requested. Filed by Cheryl Seely. (Attachments: # 1 Exhibit Exhibit A, # 2 Attachment Certificate) (Eisler, John) (Entered: 07/16/2020)

July 16, 2020 PACER
19

Response to Motion for Preliminary Injunction 7 . Filed by Stacie Geaney. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Bailey, James) (Main Document 19 replaced on 7/16/2020) (cw). (Attachment 1 replaced on 7/16/2020) (cw). (Attachment 2 replaced on 7/16/2020) (cw). (Entered: 07/16/2020)

July 16, 2020 PACER
20

Response to Plaintiff's to Motion for Preliminary Injunction 7 . Filed by Chris Walker. (Benton, Joel) (Entered: 07/16/2020)

July 16, 2020 PACER
21

Declaration of Chris Walker in support of defendant's response to plaintiff's motion for preliminary injuction and/or temporary restraining order. Filed by Chris Walker. (Related document(s): Response to Motion 20 .) (Benton, Joel) (Entered: 07/16/2020)

July 16, 2020 PACER
22

Response to Motion for Preliminary Injunction 7 . Filed by Brenda Percy. (Carollo, Dominic) (Main Document 22 replaced on 7/17/2020) (cw). (Entered: 07/16/2020)

July 16, 2020 PACER
23

Notice of Appearance of Madison T. Simmons appearing on behalf of Chris Walker Filed by on behalf of Chris Walker. (Simmons, Madison) (Entered: 07/16/2020)

July 16, 2020 PACER
24

Notice of Correction by Clerk regarding 19 Response to Motion. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment. (cw) (Entered: 07/16/2020)

July 16, 2020 PACER
25

Response to Motion for Preliminary Injunction 7 . Filed by Derrin Robinson. (Carollo, Dominic) (Entered: 07/16/2020)

July 16, 2020 PACER
26

Response in Opposition to Motion for Preliminary Injunction 7 . Filed by Kate Brown, Bev Clarno. (Marshall, Brian) (Entered: 07/16/2020)

July 16, 2020 PACER
27

Declaration of Summer S. Davis in Opposition to Motion for Preliminary Injunction and/or Temporary Restraining Order. Filed by Kate Brown, Bev Clarno. (Related document(s): Motion for Preliminary Injunction 7 .) (Marshall, Brian) (Entered: 07/16/2020)

July 16, 2020 PACER

Correction of the Record

July 16, 2020 PACER
28

Scheduling Order by Judge Michael J. McShane: Oral Argument set for 7/20/2020 regarding Motion for Preliminary Injunction 7 is vacated. The Court will rule on the pleadings. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/17/2020)

July 17, 2020 PACER
29

Notice of Appearance of John R. Huttl appearing on behalf of Renee Kolen Curry County Clerk Filed by on behalf of Renee Kolen. (Huttl, John) (Entered: 07/17/2020)

July 17, 2020 PACER
30

Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 7 . Filed by Renee Kolen. (Huttl, John) (Entered: 07/17/2020)

July 17, 2020 PACER
31

Response in Opposition to Motion for Preliminary Injunction 7 . Filed by Renee Kolen. (Huttl, John) (Entered: 07/17/2020)

July 17, 2020 PACER
32

Notice of Correction by Clerk regarding 22 Response to Motion. A Clerical error has been discovered in the case record: The document was missing pages (Certificate of Service). The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 07/17/2020)

July 17, 2020 PACER

1 - Scheduling

July 17, 2020 PACER

Correction of the Record

July 17, 2020 PACER
33

ORDER: Based on this record, Plaintiff does not present any evidence indicating More Oregon's Border was reasonably diligent in collecting the required signatures, the Court denies Plaintiff's motion for emergency injunctive relief 7 . Signed on 7/20/2020 by Judge Michael J. McShane. (cp) (Entered: 07/20/2020)

July 20, 2020 Clearinghouse
34

Notice of Correction by Clerk regarding 15 Answer to Complaint. A Clerical error has been discovered in the case record: The document (attachment #2, declaration) was missing pages (Exhibits). The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 07/22/2020)

July 22, 2020 PACER
35

Motion for Preliminary Injunction. Filed by Michael R. McCarter. (Attachment: # 1 Proposed Order) (plb) (Entered: 07/22/2020)

1 Proposed Order

View on PACER

July 22, 2020 Clearinghouse
36

Declaration of Michael R. McCarter. Filed by Michael R. McCarter. (plb) (Entered: 07/22/2020)

July 22, 2020 PACER

Correction of the Record

July 22, 2020 PACER
37

Response to Motion for Preliminary Injunction 35 . Filed by Stacie Geaney. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C) (Bailey, James) (Entered: 07/27/2020)

July 27, 2020 PACER
38

First Memorandum in Opposition 6:20-CV-01048-MC to Motion for Preliminary Injunction 35 . Filed by Jenine McDermid. (Attachments: # 1 Certificate of Service) (Wallace, Jeffrey) (Main Document 38 replaced on 7/29/2020) (cw). (Entered: 07/29/2020)

July 29, 2020 PACER
39

Notice of Correction by Clerk regarding 38 Memorandum in Opposition. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 07/29/2020)

July 29, 2020 PACER

Correction of the Record

July 29, 2020 PACER
40

Motion to Dismiss . Filed by Kate Brown, Bev Clarno. (Beatty-Walters, Christina) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
41

Response to Motion for Preliminary Injunction 35 . Filed by Kate Brown, Bev Clarno. (Beatty-Walters, Christina) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
42

Response in Opposition Curry County Clerk to Motion for Preliminary Injunction 35 . Filed by Renee Kolen. (Attachments: # 1 Declaration of Kolen, # 2 Exhibit State election sched) (Huttl, John) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
43

Motion to Dismiss for Failure to State a Claim . Filed by Renee Kolen. (Huttl, John) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
44

Scheduling Order by Judge Michael J. McShane: Plaintiff appears pro se "in his official capacity as president of Move Oregon's Border." As the Court noted in the opinion denying Plaintiff's motion for injunctive relief, all of the requested relief concerns not Plaintiff individually, but the organization. Plaintiff does not appear to be an attorney and "artificial entities" such as Move Oregon's Border may appear in federal court only through the representation of a licensed attorney. Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993). Plaintiff may not appear pro se on behalf of the organization in an action demanding the organization's initiatives be placed on ballots. The organization is granted 14 days to file a notice of representation by a licensed attorney. Failure to file such a notice will result in a dismissal of this action, without prejudice. All briefings on the pending motion for preliminary injunction and motions to dismiss are stayed pending the filing of a notice of representation. Notice is due by 9/2/2020. Ordered by Judge Michael J. McShane. (cp) (Entered: 08/19/2020)

Aug. 19, 2020 PACER

1 - Scheduling

Aug. 19, 2020 PACER
44

Scheduling Order by Judge Michael J. McShane: Plaintiff appears pro se "in his official capacity as president of Move Oregon's Border." As the Court noted in the opinion denying Plaintiff's motion for injunctive relief, all of the requested relief concerns not Plaintiff individually, but the organization. Plaintiff does not appear to be an attorney and "artificial entities" such as Move Oregon's Border may appear in federal court only through the representation of a licensed attorney. Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993). Plaintiff may not appear pro se on behalf of the organization in an action demanding the organization's initiatives be placed on ballots. The organization is granted 14 days to file a notice of representation by a licensed attorney. Failure to file such a notice will result in a dismissal of this action, without prejudice. All briefings on the pending motion for preliminary injunction and motions to dismiss are stayed pending the filing of a notice of representation. Notice is due by 9/2/2020. Ordered by Judge Michael J. McShane. (cp) (Entered: 08/19/2020)

Aug. 19, 2020 PACER

1 - Scheduling

Aug. 19, 2020 PACER
45

Counter Response to Objections to Findings & Recommendation. Related document(s): 44 Scheduling,,,,. Filed by Michael R. McCarter. (Attachments: # 1 Proposed Document Representation) (McCarter, Michael) (Entered: 08/24/2020)

1 Proposed Document Representation

View on PACER

Aug. 24, 2020 RECAP
46

Motion to Dismiss . Filed by Michael R. McCarter. (McCarter, Michael) (Entered: 09/15/2020)

Sept. 15, 2020 PACER
47

JUDGMENT: As the deadline for filing a notice of representation by a licensed attorney passed, this action is dismissed without prejudice. Signed on 9/17/2020 by Judge Michael J. McShane. (cp) (Entered: 09/17/2020)

Sept. 17, 2020 RECAP
48

AMENDED JUDGMENT: Based on the record, this action is dismissed without prejudice. Signed on 9/17/2020 by Judge Michael J. McShane. (cp) (Entered: 09/17/2020)

Sept. 17, 2020 PACER

State / Territory: Oregon

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