Case: Garbett v. Herbert

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

Stanford-MIT Healthy Elections Project

Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Jan Garbett is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (kn) (Entered: 04/13/2020)

COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3546545) filed by Jan Garbett. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Teter, Michael) (Entered: 04/13/2020)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Spencer Cox. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) (Entered: 04/14/2020)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary Herbert. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kn) (Entered: 04/14/2020)

CERTIFICATE OF SERVICE by Jan Garbett re 4 Summons Issued Electronically, 2 Complaint, 3 Summons Issued Electronically, (Teter, Michael) (Entered: 04/14/2020)

MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Exhibit Ex. 1 Declaration of Jan Garbett, # 2 Exhibit Ex. 2 State and Local Orders, # 3 Exhibit Ex. 3 National Election Related Orders)(Teter, Michael) (Entered: 04/14/2020)

MOTION to Expedite Briefing and Hearing Regarding Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/14/2020)

CERTIFICATE OF SERVICE by Jan Garbett re 6 MOTION for Preliminary Injunction and Memorandum in Support (Teter, Michael) (Entered: 04/14/2020)

CERTIFICATE OF SERVICE by Jan Garbett re 7 MOTION to Expedite Briefing and Hearing Regarding Motion for Preliminary Injunction and Memorandum in Support (Teter, Michael) (Entered: 04/14/2020)

NOTICE of Appearance by David N. Wolf on behalf of Spencer Cox, Gary Herbert (Wolf, David) (Entered: 04/15/2020)

Order

NOTICE of Appearance by Lance F. Sorenson on behalf of Spencer Cox, Gary Herbert (Sorenson, Lance) (Entered: 04/15/2020)

NOTICE of Appearance by Margaret B. Vu on behalf of Jan Garbett (Vu, Margaret) (Entered: 04/15/2020)

DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a Magistrate Judge. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a District Judge through random reassignment. Signed by Chief Magistrate Judge Paul M. Warner on 4/15/2020. (docket text order, no attached document)(lrh) (Entered: 04/15/2020)

Case randomly assigned to Judge Robert J. Shelby per 13 Docket text order. Magistrate Judge Paul M. Warner no longer assigned to the case. (nl) (Entered: 04/16/2020)

Stipulated MOTION to Expedite Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Text of Proposed Order)(Teter, Michael) (Entered: 04/16/2020)

ORDER granting in part the Parties' Stipulated Motion for an Expedited Briefing Schedule 15 . Garbett's original Motion to Expedite Briefing 7 is denied as moot. Signed by Judge Robert J. Shelby on 4/16/20. (dla) (Entered: 04/16/2020)

AFFIDAVIT/DECLARATION of Ted Blaszak in Support re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Exhibit 1 (Proposal), # 2 Exhibit 2 (Contract), # 3 Exhibit 3 (3/17 invoice), # 4 Exhibit 4 (3/23 invoice), # 5 Exhibit 5 (3/30 invoice), # 6 Exhibit 6 (4/6 invoice))(Teter, Michael) (Entered: 04/21/2020)

NOTICE OF HEARING ON MOTION re: 6 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) Telephone Motion Hearing set for 4/27/2020 at 01:30 PM before Judge Robert J. Shelby. Judge Robert J. Shelby has set a Telephone Motion Hearing for 4/27/2020 at 1:30 PM (MST). As a participant, the Telephone Motion Hearing instructions are as follows: 1. Dial 888-808-6929 ; 2. Enter Access Code 2900331 ; 3. Bypass the Security Code; 4. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. If you have any questions before the hearing begins, please do not hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, please email the case administrator at mary_jane_mcnamee@utd.uscourts.gov. 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. (mjm) (Entered: 04/22/2020)

MOTION for Leave to File Excess Pages filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Text of Proposed Order)(Wolf, David) (Entered: 04/22/2020)

ORDER granting 19 Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction: Defendants' Opposition may consist of up to 35 pages. Signed by Judge Robert J. Shelby on 4/22/20. (dla) (Entered: 04/22/2020)

Defendant's MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Exhibit #1 Declaration of Justin Lee with supporting Exhibits A through M)(Wolf, David) (Entered: 04/23/2020)

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/24/2020)

Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 4/27/2020. Counsel appeared by phone. The court discussed preliminary rulings with counsel re: the telephone motion hearing set for 1:30 p.m. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Office of Lieutenant Governor of Utah. Court Reporter: Ed Young.(mjm) (Entered: 04/28/2020)

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 4/27/2020, re: 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Jan Garbett. Parties appeared by telephone. The court heard oral argument and took the matter under advisement. Counsel will supply the court with their cell phone numbers, to be reached at a later time today with a ruling. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Lieutenant Governor of Utah. Court Reporter: Ed Young.(mjm) Modified on 4/28/2020 - clerical error corrected (mjm). (Entered: 04/28/2020)

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on4/27/2020 re: 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Jan Garbett. Counsel appeared by phone. The court issued the following ruling and stated a written order will be docketed soon. The court concludes Garbett has satisfied her heavy burden to obtain a preliminary injunction. Accordingly, her Motion is GRANTED IN PART and the court ORDERS as follows: 1. The following relief applies only to Jan Garbett and only to the current election cycle. The court partially enjoins enforcement of Utah Code ยง 20A-9-408(8)(b)(i) and reduces the numerical requirement contained therein by 32% to 19,040 signatures. 2. By Tuesday, April 28, 2020, at 10:00 a.m., Garbett shall submit to the Lt. Gov.s Office the same packet of signatures she previously tried to deliver (i.e., no more than 20,874 signatures). 3. The Lt. Gov.'s Office shall accept Garbetts signatures and immediately begin verifying how many are valid. The Lt. Gov.'s Office shall employ the same procedures used to evaluate the signatures submitted by other candidates after Executive Order 2020-8 issued. Accordingly, the court enjoins enforcement of Utah Admin. Code R. 623-4-4(A)(5)(b) only as to Jan Garbett during the present election cycle. 4. The Lt. Gov.'s Office shall notify Garbett and the court immediately when either: The Office certifies Garbett has 19,040 valid signatures; or Garbett is mathematically eliminated from the 19,040-signature threshold. Even if the Office determines Garbett has been mathematically eliminated from reaching 19,040 signatures, the Office shall as quickly as reasonably practicable continue to verify all signatures Garbett submits to arrive at the total number of valid signatures. 5. The court extends from April 29, 2020, to May 6, 2020, the deadline by which the Lt. Gov.'s Office must certify the names of the Republican candidates for governor that will appear on the primary ballot. The April 29, 2020 deadline is unaffected as to all other races and candidates. 6. The court extends from May 15, 2020, to May 22, 2020, the State and Federal deadline by which State counties must deliver ballots to overseas and military voters. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Lieutenant Governor of Utah Office. Court Reporter: Ed Young.(mjm) (Entered: 04/28/2020)

MOTION Allow Supplemental Briefing on Scope of Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Text of Proposed Order)(Teter, Michael) (Entered: 04/28/2020)

ORDER granting in part 26 Plaintiff's Ex Parte (Not Sealed) Motion for Supplemental Briefing. Signed by Judge Robert J. Shelby on 4/28/20. (dla) (Entered: 04/28/2020)

MOTION Reconsideration and Modification of Preliminary Injunction Order and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/29/2020)

NOTICE of Plaintiff's Production of Signatures to Lieutenant Governor's Office by Spencer Cox, Gary Herbert re 28 Motion Hearing,,,,,,,,, (Wolf, David) (Entered: 04/29/2020)

MEMORANDUM DECISION AND ORDER granting in part 6 Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Robert J. Shelby on 4/29/20. (dla) (Entered: 04/29/2020)

Redacted MOTION to Intervene and Memorandum in Support filed by Movant Lorraine P. Brown. (Attachments: # 1 Affidavit Declaration of Lorraine P. Brown, # 2 Text of Proposed Order) Attorney Lorraine P. Brown added to party Lorraine P. Brown(pty:mov)(Brown, Lorraine) Modified on 5/1/2020: removed repetitive entry text (alt) (Entered: 04/30/2020)

Order on Motion for Miscellaneous Relief

Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 04/30/2020)

CERTIFICATE OF SERVICE by Lorraine P. Brown re 33 Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support, 32 Redacted MOTION to Intervene and Memorandum in Support of Motion for Intervention and Required Joinder (Brown, Lorraine) (Entered: 04/30/2020)

DOCKET TEXT ORDER denying 29 Motion for reconsideration. To facilitate a potential appeal by either or both parties, the court provides notice that Garbetts Expedited Motion for Reconsideration and Modification (Dkt. 29) is DENIED. A written decision explaining the bases for the courts ruling will follow. Signed by Judge Robert J. Shelby on 4/30/2020. No attached document. (chambers) (Entered: 04/30/2020)

NOTICE OF INTERLOCUTORY APPEAL as to 35 Order on Motion for Miscellaneous Relief, 31 Order on Motion for Preliminary Injunction, Memorandum Decision filed by Jan Garbett. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-3563339. (Vu, Margaret) (Entered: 05/01/2020)

Order

Transmission of Preliminary Record to USCA re 36 Notice of Appeal - Interlocutory, as to Tenth Circuit. (Attachments: # 1 Appendix Preliminary Record) (dla) (Entered: 05/01/2020)

USCA Case Number Case Appealed to Tenth Circuit Case Number 20-4051 for 36 Notice of Appeal - Interlocutory, filed by Jan Garbett. (jrj) (Entered: 05/01/2020)

Defendant's MEMORANDUM in Opposition re 32 Redacted MOTION to Intervene filed by Defendants Spencer Cox, Gary Herbert. (Sorenson, Lance) Modified on 5/1/2020: removed repetitive entry text (alt) (Entered: 05/01/2020)

WRITTEN ORDER re 29 Motion for Reconsideration (following 35 Docket Text Order of 4/30/20). Signed by Judge Robert J. Shelby on 5/1/20 (alt) (Entered: 05/01/2020)

DOCKET TEXT ORDER directing intervenor-movant Lorraine Brown to file a Reply, if any, to Defendants Opposition docket entry 39 no later than noon (12:00 p.m.) on Monday, May 4, 2020. No attached document Signed by Judge Robert J. Shelby on 5/1/2020. (mjm) (Entered: 05/01/2020)

NOTICE of Final Count of the Signatures to the Lieutenant Governor's Office by Spencer Cox, Gary Herbert re 30 Notice (Other) (Attachments: # 1 Exhibit "A" Signature Count Totals) (Wolf, David) (Entered: 05/02/2020)

Redacted REPLY to Response to Motion re 32 Redacted MOTION to Intervene filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

Order

Supplemental AFFIDAVIT/DECLARATION of Lorraine P. Brown in Support re 32 Redacted MOTION to Intervene and Motion for Joinder filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

NOTICE of MOTION TO TRANSFER FILED IN BROWN V. HERBERT ET AL by Spencer Cox, Gary Herbert (Sorenson, Lance) (Entered: 05/04/2020)

REQUEST to Submit for Decision re 33 Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

Defendant's ANSWER to Complaint filed by Spencer Cox, Gary Herbert.(Sorenson, Lance) (Entered: 05/04/2020)

MANDATE of USCA as to 36 Notice of Appeal - Interlocutory, filed by Jan Garbett According to the USCA the Mandate of the USDC for the Dist of UT is Dismissed. (Attachments: # 1 Exhibit Mandate Letter) (dla) (Entered: 05/04/2020)

DOCKET TEXT ORDER. On May 4, 2020, Lorraine Browns pending action for declaratory and injunctive relief was transferred from Judge Jenkins to Judge Shelby (Case No. 1:20-cv-52).In that action, Brown seeks the same relief she seeks here through her Motion to Intervene.Accordingly, Browns Motion to Intervene, docket entry 32 and Motion to Expedite, docket entry 33 are denied as moot. Signed by Judge Robert J. Shelby on 5/4/2020. (mjm) (Entered: 05/04/2020)

Plaintiff's MOTION for Summary Judgment and Memorandum in Support, Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Appendix of Evidence)(Teter, Michael) (Entered: 05/13/2020)

Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 06/10/2020)

Defendant's MEMORANDUM in Opposition re 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Appendix of Exhibits)(Wolf, David) (Entered: 06/10/2020)

Plaintiff's REPLY to Response to Motion re 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 06/23/2020)

Plaintiff's MEMORANDUM in Opposition re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 06/23/2020)

ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 6/26/2020. (mjm) (Entered: 06/26/2020)

Order Referring Case to Magistrate Judge

Defendant's REPLY to Response to Motion re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 07/03/2020)

REQUEST to Submit for Decision re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order, 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 01/04/2021)

MEMORANDUM DECISION AND ORDER denying 50 Motion for Summary Judgment; Motion for Declaratory Judgment; granting 51 Motion for Summary Judgment. Accordingly, the case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt)

MEMORANDUM DECISION AND ORDER denying 50 Motion for Summary Judgment; Motion for Declaratory Judgment; granting 51 Motion for Summary Judgment. Accordingly, the case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt)

JUDGMENT in favor of Gary Herbert, Spencer Cox against Jan Garbett. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt) (Entered: 01/22/2021)

JUDGMENT in favor of Gary Herbert, Spencer Cox against Jan Garbett. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt) (Entered: 01/22/2021)