Case: People Not Politicians Oregon v. Clarno

6:20-cv-01053 | 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 11/19/2020,

In light of COVID-19 issues, Petitioner attempted to meet the signature requirements using online and mail, but was not able to meet the threshold required to add petitions to the November ballot. Petitioner requests that the Secretary of State adjust both the deadline (to mid-August) and threshold to meet COVID-19 related challenges.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17312014/parties/people-not-politicians-oregon-v-clarno/


Judge(s)

Callahan, Consuelo Maria (California)

Ginsburg, Ruth Bader (District of Columbia)

Kagan, Elena (District of Columbia)

McShane, Michael Jerome (Oregon)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Sotomayor, Sonia (District of Columbia)

Thomas, Sidney Runyan (Montana)

Judge(s)

Callahan, Consuelo Maria (California)

Ginsburg, Ruth Bader (District of Columbia)

Kagan, Elena (District of Columbia)

McShane, Michael Jerome (Oregon)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Sotomayor, Sonia (District of Columbia)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Elzinga, Stephen (Oregon)

Gutman, Benjamin N. (Oregon)

Meek, Daniel W. (Oregon)

Attorneys(s) for Defendant

Beatty-Walters, Christina L. (Oregon)

Marshall, Brian Simmonds (District of Columbia)

Morgan, Shaunee V. (Oregon)

Other Attorney(s)

Anderson-Dana, Lydia (Oregon)

Berman, Steven C. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 17, 2020 Docket
2

Plaintiffs’ Motion For Temporary Restraining Order And Memorandum In Support

June 30, 2020 Pleading / Motion / Brief
1

Complaint

June 30, 2020 Complaint
23

Opinion and Order

472 F.Supp.3d 890

July 13, 2020 Order/Opinion
24

Defendant's Notice In Response To Court Order

July 13, 2020 Pleading / Motion / Brief
11763820

Order

U. S. Court of Appeals for the Ninth Circuit

July 23, 2020 Order/Opinion

Order in Pending Case

Clarno v. People Not Politicians Oregon

Supreme Court of the United States

Aug. 11, 2020 Order/Opinion
11809257

Memorandum

U. S. Court of Appeals for the Ninth Circuit

826 Fed.Appx. 581

Sept. 1, 2020 Order/Opinion
53

Opinion and Order

2020 WL 2386118

June 10, 2021 Order/Opinion

Resources

Title Description External URL

People Not Politicians Oregon v. Clarno

Stanford-MIT Healthy Elections Project

In light of COVID-19 issues, Petitioner attempted to meet the signature requirements using online and mail, but was not able to meet the threshold required to add petitions to the November ballot. Pe… Nov. 19, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=110

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17312014/people-not-politicians-oregon-v-clarno/

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

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6919967 Jury Trial Requested: No. Filed by People Not Politicians Oregon, C. Norman Turrill, Common Cause, NAACP of Eugene/Springfield, Independent Party of Oregon, League of Women Voters of Oregon against Bev Clarno. (Elzinga, Stephen) (Entered: 06/30/2020)

June 30, 2020 Clearinghouse
2

Motion for Preliminary Injunction . Expedited Hearing requested. Filed by All Plaintiffs. (Elzinga, Stephen) Modified on 7/2/2020 per order 12 (cp). (Entered: 06/30/2020)

June 30, 2020 Clearinghouse
3

Declaration of Ted Blaszak in Support of Plaintiff's Motion for a Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Elzinga, Stephen) (Entered: 06/30/2020)

June 30, 2020 RECAP
4

Declaration of Candalynn Johnson in Support of Plaintiff's Motion for a Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Elzinga, Stephen) (Entered: 06/30/2020)

June 30, 2020 PACER
5

Declaration of C. Norman Turrill in Support of Plaintiff's Motion for a Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Elzinga, Stephen) (Entered: 06/30/2020)

June 30, 2020 PACER
6

Civil Cover Sheet regarding Complaint, 1 . Filed by All Plaintiffs. (Elzinga, Stephen) (Entered: 07/01/2020)

July 1, 2020 PACER
7

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 10/29/2020. Joint Alternate Dispute Resolution Report is due by 11/30/2020. Pretrial Order is due by 11/30/2020. Ordered by Judge Michael J. McShane. (bd) (Entered: 07/01/2020)

July 1, 2020 PACER
8

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Elzinga, Stephen) (Entered: 07/01/2020)

July 1, 2020 PACER
9

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Elzinga, Stephen) (Entered: 07/01/2020)

July 1, 2020 PACER
10

Notice of Appearance of Christina L. Beatty-Walters appearing on behalf of Beverly Clarno Filed by on behalf of Beverly Clarno. (Beatty-Walters, Christina) (Entered: 07/01/2020)

July 1, 2020 RECAP
11

Notice of Appearance of Brian Simmonds Marshall appearing on behalf of Beverly Clarno Filed by on behalf of Beverly Clarno. (Marshall, Brian) (Entered: 07/01/2020)

July 1, 2020 PACER
12

Scheduling Order by Judge Michael J. McShane regarding Motion for Preliminary Injunction 2 . Based upon the communications from the parties, the Court will treat the pending motion 2 as a Motion for Preliminary Injunction. The Court also adopts the parties proposed briefing schedule. Defendant's Response is due by 01:00PM on 7/8/2020. The Court will hold Oral Argument on 7/9/2020 at 03:00PM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in number by separate email. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/02/2020)

July 2, 2020 PACER

1 - Scheduling

July 2, 2020 PACER
13

Scheduling Order by Judge Michael J. McShane: Based upon the request of the parties, the Oral Argument set for 7/9/2020 regarding Motion for Preliminary Injunction 2 is reset for 7/10/2020 at 02:00PM in Eugene by telephone before Judge Michael J. McShane. Sur-Response is due by 7/9/2020. The parties are to use the previously emailed conference call-in number. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/07/2020)

July 7, 2020 PACER

1 - Scheduling

July 7, 2020 PACER
14

Scheduling Order by Judge Michael J. McShane: The Oral Argument regarding Motion for Preliminary Injunction 2 set for 7/10/2020 at 02:00PM will be by videoconference before Judge Michael J. McShane. The Court will provide the parties the videoconference information by separate email. Ordered by Judge Michael J. McShane. (cp) (Entered: 07/09/2020)

July 9, 2020 PACER
15

Response to Motion for Preliminary Injunction 2 . Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 07/09/2020)

July 9, 2020 RECAP
16

Declaration of Summer S. Davis in Opposition to Motion for Preliminary Injunction. Filed by Beverly Clarno. (Related document(s): Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Beatty-Walters, Christina) (Entered: 07/09/2020)

July 9, 2020 PACER
17

Motion to Intervene or in the Alternative Appear as Amici Curiae. Oral Argument requested. Filed by Becca Uherbelau, Our Oregon. (Attachments: # 1 Exhibit A - Becca Uherbelau and Our Oregons Opposition to Plaintiffs Motion for a Temporary Restraining Order or Preliminary Injunction, # 2 Exhibit B - Declaration of Becca Uherbelau, # 3 Exhibit C - Declaration of Ben Unger, # 4 Exhibit D - Declaration of Elizabeth Kaufman) (Anderson-Dana, Lydia) (Entered: 07/09/2020)

1 Exhibit A - Becca Uherbelau and Our Oregons Opposition to Plaintiffs Motion for

View on RECAP

2 Exhibit B - Declaration of Becca Uherbelau

View on RECAP

3 Exhibit C - Declaration of Ben Unger

View on RECAP

4 Exhibit D - Declaration of Elizabeth Kaufman

View on RECAP

July 9, 2020 RECAP
18

Corrected Response (with Table of Authorities Added) to Motion for Preliminary Injunction 2 . Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 07/09/2020)

July 9, 2020 RECAP
19

Motion for Leave to File Reply in Support of Plaintiff's Motion for Preliminary Injunction. Filed by All Plaintiffs. (Attachments: # 1 Plaintiff's Reply in Support of Its Motion for Preliminary Injunction) (Elzinga, Stephen) (Entered: 07/09/2020)

July 9, 2020 PACER
20

Supplemental Declaration of Ted Blaszak in Support of Plaintiff's Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Leave 19 .) (Elzinga, Stephen) (Entered: 07/09/2020)

July 9, 2020 PACER

1 - Scheduling

July 9, 2020 PACER
21

Corrected Motion for Leave File Reply in Support of Plaintiff's Motion for Preliminary Injunction. Filed by All Plaintiffs. (Attachments: # 1 Plaintiff's Reply in Support of Its Motion for Preliminary Injunction) (Elzinga, Stephen) (Entered: 07/10/2020)

July 10, 2020 PACER
22

MINUTES of Proceedings: Video Motion Hearing Held. Witnesses sworn and evidence adduced. Witnesses: Edward Blaszak; Normal Turrill; Candalynn Johnson; Elizabeth Kaufman; Summer Davis. Order Granting Motion for a Preliminary Injunction 2 as stated on the record. Formal order in writing to follow. Order Granting in Part and Denying in Part Motion to Intervene or in the Alternative Appear as Amici Curiae 17 to the extent that movants are allowed to appear as amici curiae. Order Denying defendant's oral Motion for Stay. Stephen Elzinga present as counsel for plaintiffs. Christina Beatty-Walters; Brian Marshall present as counsel for defendant. Steven Berman; Lydia Anderson-Dana present as counsel for amici curiae. (Court Reporter Deborah Cook.) Judge Michael J. McShane presiding. (plb) (Entered: 07/10/2020)

July 10, 2020 PACER

Order on Motion to Intervene AND Motion Hearing Held AND Order on Motion for Preliminary Injunction

July 11, 2020 PACER

Motion Hearing Held AND Order on Motion to Intervene AND Order on Motion for Preliminary Injunction

July 11, 2020 PACER

Motion Hearing Held AND Order on Motion for Preliminary Injunction AND Order on Motion to Intervene

July 11, 2020 PACER

Order on Motion for Preliminary Injunction AND Order on Motion to Intervene AND Motion Hearing Held

July 11, 2020 PACER
23

Opinion and Order: The Secretary of State has a vital interest in regulating the petition processes. Purcell v. Gonzalez, 549 U.S. 1, 4 (2006). It is also important that the federal courts not take it upon themselves to rewrite state election rules, particularly on the eve of an election. Republican Natl Comm., 140 S. Ct at 1207. But when these rules collide with unprecedented conditions that burden First Amendment access to the ballot box, their application must temper in favor of the Constitution. Because the right to petition the government is at the core of First Amendment protections, which includes the right of initiative, City of Cuyahoga Falls, 538 U.S. at 196, the current signature requirements in Oregon law are unconstitutional as applied to these specific Plaintiffs seeking to engage in direct democracy under these most unusual of times. The Court therefore GRANTS Plaintiffs' motion for emergency injunctive relief 2 . Signed on 7/13/2020 by Judge Michael J. McShane. (cp) (Entered: 07/13/2020)

July 13, 2020 Clearinghouse
24

Notice re Opinion and Order,,,, 23 in Response to Court Order Filed by Beverly Clarno. (Related document(s): Opinion and Order,,,, 23 .) (Beatty-Walters, Christina) (Entered: 07/13/2020)

July 13, 2020 Clearinghouse
25

Order: Based on the Defendant's Notice 24 regarding the Court's Opinion and Order 23, the Court issues this Minute Order clarifying how it came to the reduced signature number. The Court adopts Plaintiffs' requested remedy of 58,789 signatures. 58,789 required signatures is equal to 50% of the number of signatures required for a constitutional initiative to qualify the 2018 General Election, rather than the 2020 General Election because of the large jump in voter turnout. See Pl.'s Mot. for a Prelim. Inj. 33-34 2 . Ordered by Judge Michael J. McShane. (cp) (Entered: 07/14/2020)

July 14, 2020 PACER

Order

July 14, 2020 PACER
26

Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID: AORDC-6987259. Filed by Beverly Clarno. (Gutman, Benjamin) (Entered: 07/15/2020)

July 15, 2020 RECAP

USCA Case Number

July 15, 2020 PACER
27

Transcript Designation and Order Form for the hearing held on July 10, 2020 before Judge Michael J. McShane. Court Reporter: Deborah Cook. regarding Notice of Appeal - Preliminary Injunction 26 Expedited. Filed by Beverly Clarno. Transcript is due by 8/14/2020. (Gutman, Benjamin) (Entered: 07/15/2020)

July 15, 2020 RECAP

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction 26 . Case Appealed to 9th Circuit Case Number 20-35630 assigned. (bd)

July 15, 2020 PACER
28

Order from USCA for the 9th Circuit, USCA # 20-35630 re Notice of Appeal - Preliminary Injunction 26 . We expedite this appeal. No streamlined extensions of time will be approved. No written motions for extensions of time will be granted absent extraordinary and compelling circumstances. The Clerk shall place this case on the calendar for August 2020. (bd) (Entered: 07/23/2020)

July 22, 2020 RECAP
29

Order from USCA for the 9th Circuit, USCA # 20-35630 re Notice of Appeal - Preliminary Injunction 26 . Appellant's motion to stay the district court's July 13, 2020 order pending appeal is denied. (bd) (Entered: 07/23/2020)

July 23, 2020 RECAP
30

Joint Status Report . Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 07/30/2020)

July 30, 2020 PACER
31

Order by the Supreme Court, SC Order No. 20A21, received by the 9th Circuit Court of Appeals, USCA # 20-35630 re Notice of Appeal - Preliminary Injunction 26 . (bd) (Entered: 08/11/2020)

Aug. 11, 2020 RECAP
32

Order from USCA for the 9th Circuit, USCA # 20-35630 re Notice of Appeal - Preliminary Injunction 26 . (bd) (Entered: 08/12/2020)

Aug. 11, 2020 RECAP
33

Answer to 1 Complaint, . Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
34

USCA Memorandum for the 9th Circuit, USCA #20-35630, re Notice of Appeal - Preliminary Injunction 26 . The decision of the District Court is: REMANDED with instructions. (bd) (Entered: 09/01/2020)

Sept. 1, 2020 RECAP
35

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7-10-2020 before Judge McShane, Court Reporter Deborah Cook, telephone number 503-550-8545. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter Deborah Cook, telephone number 503-550-8545 before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/25/2020. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (dc) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
36

MANDATE Issued regarding USCA Memorandum for the 9th Circuit 34, USCA #20-35630, re Notice of Appeal - Preliminary Injunction 26 . The decision of the District Court is: REMANDED with instructions. (bd) (Entered: 09/23/2020)

Sept. 23, 2020 PACER
37

Scheduling Order by Judge Michael J. McShane: The parties are ordered to confer and file a joint status report by 10/5/2020 based on the 9th Circuit's Mandate 36 . Ordered by Judge Michael J. McShane. (cp) (Entered: 09/28/2020)

Sept. 28, 2020 PACER

1 - Scheduling

Sept. 28, 2020 PACER
38

Joint Status Report . Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 10/05/2020)

Oct. 5, 2020 PACER
39

Notice of Attorney Substitution:Attorney Daniel W. Meek is substituted as counsel of record in place of Attorney Stephen Elzinga Filed by All Plaintiffs. (Meek, Daniel) (Entered: 10/23/2020)

Oct. 23, 2020 PACER
40

Notice of Appearance of Shaunee Vanessa Morgan appearing on behalf of Beverly Clarno Filed by on behalf of Beverly Clarno. (Morgan, Shaunee) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
41

Motion for Summary Judgment . Oral Argument requested. Filed by All Plaintiffs. (Meek, Daniel) (Entered: 02/24/2021)

Feb. 24, 2021 RECAP
42

Declaration of Daniel W. Meek . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 41 .) (Meek, Daniel) (Entered: 02/24/2021)

Feb. 24, 2021 PACER
43

Declaration of C. Norman Turrill . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 41 .) (Meek, Daniel) (Entered: 02/24/2021)

Feb. 24, 2021 PACER
44

Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Beverly Clarno. (Morgan, Shaunee) (Entered: 03/03/2021)

March 3, 2021 RECAP
45

Scheduling Order by Judge Michael J. McShane: Briefing on the Motion for Summary Judgment 41 is stayed pending resolution of the Motion to Dismiss 44 . Ordered by Judge Michael J. McShane. (cp) (Entered: 03/05/2021)

March 5, 2021 PACER

1 - Scheduling

March 5, 2021 PACER
46

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction 44 . Filed by All Plaintiffs. (Meek, Daniel) (Entered: 03/11/2021)

March 11, 2021 PACER
47

Joint Motion for Stay of Discovery. Filed by Beverly Clarno. (Beatty-Walters, Christina) (Entered: 03/12/2021)

March 12, 2021 PACER
48

ORDER: Granting Plaintiff's Unopposed Motion for Extension of Time 46 to File Response to Motion to Dismiss for Lack of Jurisdiction 44 . Plaintiffs' Response is due by 3/29/2021. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/15/2021)

March 15, 2021 PACER
49

ORDER: Granting Motion for Stay 47 . All discovery is STAYED pending resolution of the Defendant's Motion to Dismiss 44 . If the Defendant's Motion to Dismiss 44 is denied, the Parties are ordered to file a Joint Case Management Plan within 14 days of the Court's order proposing a schedule to allow the parties to complete discovery before Defendant responds to Plaintiffs' Motion for Summary Judgment 41 . Ordered by Judge Michael J. McShane. (cp) (Entered: 03/15/2021)

March 15, 2021 PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

March 15, 2021 PACER

Order on Motion for Stay

March 15, 2021 PACER
50

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction 44 Oral Argument requested. Filed by All Plaintiffs. (Meek, Daniel) (Entered: 03/29/2021)

March 29, 2021 PACER
51

Reply in Support to Motion to Dismiss for Lack of Jurisdiction 44 . Filed by Beverly Clarno. (Morgan, Shaunee) (Entered: 04/12/2021)

April 12, 2021 PACER
52

Second Declaration of Daniel W. Meek . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 50 .) (Meek, Daniel) (Entered: 04/27/2021)

April 27, 2021 PACER
53

OPINION AND ORDER: Defendant's Motion to Dismiss 44 is granted and this action is dismissed. All other pending motions are denied as moot. Signed on 6/10/2021 by Judge Michael J. McShane. (cp) Modified on 6/10/2021 to add the word "Opinion", resent NEF(cp). (Entered: 06/10/2021)

June 10, 2021 Clearinghouse
54

JUDGMENT: Based on the record, this action is dismissed. Signed on 6/10/2021 by Judge Michael J. McShane. (cp) (Entered: 06/10/2021)

June 10, 2021 PACER
53

OPINION AND ORDER: Defendant's Motion to Dismiss 44 is granted and this action is dismissed. All other pending motions are denied as moot. Signed on 6/10/2021 by Judge Michael J. McShane. (cp) Modified on 6/10/2021 to add the word "Opinion", resent NEF(cp). (Entered: 06/10/2021)

June 10, 2021 RECAP
54

JUDGMENT: Based on the record, this action is dismissed. Signed on 6/10/2021 by Judge Michael J. McShane. (cp) (Entered: 06/10/2021)

June 10, 2021 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