Case: Bernbeck v. Gale

8:13-cv-00228 | U.S. District Court for the District of Nebraska

Filed Date: July 30, 2013

Closed Date: Sept. 15, 2016

Clearinghouse coding complete

Case Summary

This is a case about Nebraska's signature requirements for citizen-initiated ballot measure petitions.  On July 30, 2013, an Omaha businessman sued the Nebraska Secretary of State and the clerk of the village of Denton under 42 U.S.C. § 1983 in U.S. District Court for the District of Nebraska. Represented by private counsel, the plaintiff challenged two aspects of Nebraska's requirements for signatures on petitions for statewide ballot measures. He sought declaratory and injunctive relief and a…

This is a case about Nebraska's signature requirements for citizen-initiated ballot measure petitions. 

On July 30, 2013, an Omaha businessman sued the Nebraska Secretary of State and the clerk of the village of Denton under 42 U.S.C. § 1983 in U.S. District Court for the District of Nebraska. Represented by private counsel, the plaintiff challenged two aspects of Nebraska's requirements for signatures on petitions for statewide ballot measures. He sought declaratory and injunctive relief and attorney's fees.

The first challenged provision was Art. III, § 2 of the Nebraska Constitution (the "geographic distribution requirement"), which required a petitioner to gather signatures from at least 5% of registered voters in at least two-fifths (38) of the state's 93 counties. The second was a Nebraska statute (§ 32-630(3)(g)) that prohibited pay-per-signature compensation for petition circulators. The plaintiff claimed that these requirements violated the First and Fourteenth Amendments of the U.S. Constitution, namely his right to free political speech, his right to petition the government, and his rights to due process and to equal protection under the law. The case was assigned to District Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken. 

The defendants both moved for summary judgment on December 2, 2013. While their motions were pending, on January 30, 2014, the court released the clerk of the village of Denton from the geographic distribution requirement claim.

Two months later, on February 19, 2014, the court granted summary judgment to the defendants regarding the statutory pay-per-signature prohibition. The court held that the plaintiff's arguments on that claim and issue were precluded. In the past, the plaintiff had brought and lost identical challenges against this statute in both Nebraska state court and this same federal court for the District of Nebraska. 2011 WL 3841602. With the statutory claim ended, no claims remained against Denton's clerk. She was released from the litigation. The court denied summary judgment on the geographic distribution claim, retaining the Nebraska Secretary of State as the sole defendant. 2014 WL 656854. 

Through the summer and fall of 2014, the parties proceeded to file their evidentiary exhibits and objections, trial briefs, and proposed findings of fact and law. Finally, on November 10, 2014, the court found the geographic distribution requirement unconstitutional under the Fourteenth Amendment of the U.S. Constitution. The court reasoned that the requirement violated the Due Process and Equal Protection Clauses by diluting urban votes. It issued a permanent injunction against enforcement of the requirement and the parties proceeded to file motions regarding the plaintiff's attorneys' fees and costs. 58 F. Supp. 3d 949.

On April 8, 2015, the court issued an order granting in part and denying in part the plaintiff's motion for fees and costs. The court awarded $87,915.00 in attorney fees and $561.54 in costs, and held that the plaintiffs' claimed fees and costs in excess of those amounts were unreasonable. 2015 WL 1549048. Final judgment in the plaintiff's favor on the constitutional challenge was issued by the district court that same day.  

The defendant moved to stay the district court's judgment pending appeal, and the district court granted the motion to stay on April 30, 2015. The Secretary of State proceeded to appeal both the district court's substantive judgment and the award of attorneys' fees on May 5, 2015.

More than a year later, on July 14, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed the district court's judgment. The appellate court held that the plaintiff didn't have standing to challenge the geographic distribution requirement. The plaintiff had never attempted to complete the procedural requirements he was challenging, so he had not established an imminent threat that the Secretary of State would enforce the allegedly unconstitutional requirement against him. The case was remanded for dismissal of the claim without prejudice. 829 F.3d 643.

The plaintiff's motions for rehearing en banc or by the panel were denied, and on September 15, 2016, the district court dismissed the plaintiff's claim in accordance with the appellate court's order.

The case is closed. 

Summary Authors

Christina Van Wagenen (2/11/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4306151/parties/bernbeck-v-gale/


Judge(s)

Bataillon, Joseph F. (Nebraska)

Attorney for Plaintiff

Domina, David A. (Nebraska)

Mikolajczyk, Megan N. (Nebraska)

Attorney for Defendant

Bartel, L. Jay (Nebraska)

Comer, Dale A. (Nebraska)

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Documents in the Clearinghouse

Document
1

Complaint (Declaratory Judgment) & Jury Demand, Notice of Constitutional Challenge

July 30, 2013

July 30, 2013

Complaint
44

8:13-cv-00228

Memorandum and Order

Feb. 19, 2014

Feb. 19, 2014

Order/Opinion

2014 WL 2014

61

8:13-cv-00228

Memorandum and Order

Nov. 10, 2014

Nov. 10, 2014

Order/Opinion

58 F.Supp.3d 58

73

8:13-cv-00228

Memorandum and Order

April 8, 2015

April 8, 2015

Order/Opinion

2015 WL 2015

82

15-1983

Court of Appeal Opinion

U.S. Court of Appeals for the Eighth Circuit

July 14, 2016

July 14, 2016

Order/Opinion

829 F.3d 829

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4306151/bernbeck-v-gale/

Last updated March 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Declaratory Judgment) & Jury Demand Notice of Constitutional Challenge against All Defendants ( Filing fee $ 400, receipt number 0867-2538740), by Attorney David A. Domina on behalf of Kent Bernbeck(Domina, David) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
2

Summons Requested as to John A. Gale regarding Complaint 1 . (Domina, David) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
3

Summons Requested as to Charlotte TeBrink regarding Complaint 1 . (Domina, David) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
4

TEXT NOTICE OF JUDGES ASSIGNED: Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (JSF) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
5

Summons Issued as to defendants John A. Gale and Charlotte TeBrink. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JSF) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
6

SUMMONS Returned Executed upon John A. Gale defendant Kent Bernbeck on 8/3/2013. (Domina, David) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
7

SUMMONS Returned Executed upon Charlotte TeBrink defendant Kent Bernbeck on 8/5/2013. (Domina, David) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
8

NOTICE of Appearance by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink (Mossman, Stephen) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
9

MOTION for Extension of Time to File a Responsive Pleading by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
10

TEXT ORDER granting 9 Motion for Extension of Time to File a Responsive Pleading. Charlotte TeBrink answer or response due 9/25/2013. Ordered by Deputy Clerk. (MKR) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
11

SCHEDULING LETTER: Rule 26 Meeting Report Deadline set for 10/9/2013.Ordered by Magistrate Judge Thomas D. Thalken. (ADB, ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
12

MOTION for Extension of Time to File a Responsive Pleading by Attorney L. Jay Bartel on behalf of Defendants John A. Gale, Charlotte TeBrink.(Bartel, L.) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
13

TEXT ORDER granting 12 Motion for Extension of Time to File a Responsive Pleading. John A. Gale answer or response due 9/25/2013. Ordered by Deputy Clerk. (JSF) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
14

ANSWER to Complaint 1 with with jury demand by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink(Mossman, Stephen) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
15

ANSWER to Complaint 1 by Attorney Dale A. Comer on behalf of Defendant John A. Gale(Comer, Dale) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
16

REPORT of Rule 26(f) Planning Meeting by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
17

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE - A telephone conference with the undersigned magistrate judge will be held within ten working days following the court's ruling on any motions to dismiss or for summary judgment, for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall arrange and initiate the call. Ordered by Magistrate Judge Thomas D. Thalken. (ADB) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
18

DISCLOSURE Plaintiff's Rule 26(a)(1) by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
19

DISCLOSURE by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
20

DISCLOSURE of Defendant John A. Gale, Nebraska Secretary of State by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
21

MOTION to sever by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
22

Joint STIPULATION regarding Order Setting Schedule for Initial Progression of a Civil Case, 17 Stipulation and Joint Motion to Modify Progression Order by Attorney Dale A. Comer on behalf of Defendant John A. Gale.(Comer, Dale) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
23

TEXT ORDER adopting 22 Stipulation and Joint Motion to Modify Progression Order. The October 10, 2013, Progression Order 17 is deemed modified as requested. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
24

MOTION for Summary Judgment by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
25

INDEX in support of MOTION for Summary Judgment 24 by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink. (Attachments: # 1 Affidavit of Charlotte TeBrink, # 2 Affidavit of Stephen D. Mossman)(Mossman, Stephen) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
26

BRIEF in support of MOTION for Summary Judgment 24 by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
27

MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity by Attorney Dale A. Comer on behalf of Defendant John A. Gale.(Comer, Dale) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
28

INDEX in support of MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity 27 by Attorney Dale A. Comer on behalf of Defendant John A. Gale. (Attachments: # 1 Affidavit John A. Gale, Nebraska Secretary of State, # 2 Affidavit L. Neal Erickson, # 3 Affidavit Charlotte TeBrink, # 4 Affidavit L. Jay Bartel)(Comer, Dale) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
29

BRIEF in support of MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity 27 by Attorney Dale A. Comer on behalf of Defendant John A. Gale.(Comer, Dale) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
30

Unopposed MOTION for Extension of Time by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) Modified on 12/17/2013 to correct document type (JSF). (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
31

TEXT NOTICE OF INCORRECT EVENT used when filing the Motion for Extension of Time to File Responsive Pleading 30 by Deputy Clerk. In the future, use the event Motion to Extend. (JSF) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
32

TEXT ORDER granting 30 the plaintiff's unopposed Motion for Additional Time. The plaintiff shall have until January 6, 2014, to file a response to the defendants' motions for summary judgment 24 and 27 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
33

INDEX in opposition to MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity 27, MOTION for Summary Judgment 24 by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck. (Attachments: # 1 Exhibit Amended Complaint CI4 10-cv-3001, # 2 Exhibit Gale Answer to Amended Complaint CI 4 10-cv-3001, # 3 Exhibit Order to file Stipulated Record CI 4 10-cv-3001, # 4 Exhibit Order Denying Motion to Dismiss (# 14, 16, & 28) CI 4 10-cv-3001, # 5 Exhibit Part 1 Stipulation of Facts CI 4 10-cv-3001, # 6 Exhibit Part 2 Stipulation of Facts CI 4 10-cv-3001-2, # 7 Exhibit Morfeld's Answer Amended Complaint CI 4 10-cv-3001, # 8 Exhibit Memorandum nd Order CI4 10-cv-3001, # 9 Exhibit Judgment CI4 10-cv-3001, # 10 Exhibit Kent Bernbeck Declaration, # 11 Exhibit Kent Bernbeck 2nd Declaration, # 12 Exhibit Clint Backhaus Declaration, # 13 Exhibit Fred Boehmke Declaration, # 14 Exhibit John Caldera Affidavit, # 15 Exhibit Paul Jacob Declaration, # 16 Exhibit Complaint, Amended Complaint, Judgment CI 12-2488)(Domina, David) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
34

BRIEF in opposition to MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity 27, MOTION for Summary Judgment 24 by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
35

ATTORNEY LETTER by Clerk that Attorney Megan N. Mikolajczyk has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MLF, ) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
36

Unopposed MOTION to Extend by Attorney L. Jay Bartel on behalf of Defendants John A. Gale and Charlotte TeBrink.(Bartel, L.) Modified on 1/13/2014 to add second defendant per attorney request and correct event type.(JAB) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
37

TEXT ORDER granting 36 Unopposed Motion for Extension. The defendants Charlotte TeBrink and John A. Gale, Nebraska Secretary of State, shall have an extension of time until January 24, 2014, to file a reply in support of their Motions for Summary Judgment 24 and 27 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
38

APPLICATION/ORDER admitting for full-time admission Attorney Megan N. Mikolajczyk for Plaintiff Kent Bernbeck. Ordered by Deputy Clerk. (JSF) (Entered: 01/14/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
39

REPLY BRIEF in support of MOTION for Summary Judgment 24 by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
40

OBJECTION to Index,,,, 33 by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
41

REPLY BRIEF in support of MOTION for Summary Judgment of Defendant John A. Gale, Nebraska Secretary of State, In His Official Capacity 27 by Attorney Dale A. Comer on behalf of Defendant John A. Gale.(Comer, Dale) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
42

OBJECTION to Index 33 in opposition to Motion for Summary Judgment 27 by Attorney Dale A. Comer on behalf of Defendant John A. Gale. (JSF) (Entered: 01/27/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
43

ORDER granting 21 Motion to sever. The Second Claim for Unlawful Distribution Requirement is dismissed as to defendant Charlotte TeBrink. Ordered by Judge Joseph F. Bataillon. (ADB) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
44

MEMORANDUM AND ORDER that Defendant TeBrink's motion for summary judgment 24 is granted and she is dismissed from this case. The motions for summary judgment 24 and 27 are granted with regard to the issue of paid circulators. Defendant Gale's motion for summary judgment against plaintiff for the residency requirements 27 is denied. The defendants' objection to indices 40 and 42 are denied. The magistrate judge is ordered to progress this case either to trial or schedule deadlines for cross-motions for summary judgments as to the merits of the residency requirement. Ordered by Judge Joseph F. Bataillon. (JSF) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

Clearinghouse
45

TEXT ORDER SETTING HEARING: The court will hold a telephone conference on March 6, 2014, at 9:30 a.m. for the purpose of reviewing the preparation of the case to date and scheduling the case to trial. Plaintiff's counsel shall initiate the conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
46

LETTER by Attorney Stephen D. Mossman on behalf of Defendant Charlotte TeBrink.(Mossman, Stephen) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
47

ORDER that this matter is before the court following a telephone planning conference with counsel on March 6, 2014. The parties agreed this matter can be submitted for a decision on a stipulated record with written briefs and arguments from the parties. Deadlines set forth in the order. Ordered by Magistrate Judge Thomas D. Thalken. (ADB) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

RECAP
48

STIPULATION regarding Order, Set/Reset All Deadlines, Terminate Deadlines and Hearings,,, 47 by Attorney Dale A. Comer on behalf of Defendant John A. Gale. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Comer, Dale) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
49

INDEX Order, Set/Reset All Deadlines, Terminate Deadlines and Hearings,,, 47 by Attorney Dale A. Comer on behalf of Defendant John A. Gale. (Attachments: # 1 Affidavit L. Neal Erickson)(Comer, Dale) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
50

DECLARATION of Kent Bernbeck by Attorney Megan N. Mikolajczyk on behalf of Plaintiff Kent Bernbeck. (Attachments: # 1 Exhibit Kent Bernbeck Third Declaration)(Mikolajczyk, Megan) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
51

OBJECTION Written Evidentiary Objections By The Defendant John A. Gale by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
52

OBJECTION by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
53

BRIEF Plaintiff's Trial Brief by Attorney Megan N. Mikolajczyk on behalf of Plaintiff Kent Bernbeck.(Mikolajczyk, Megan) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
54

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Attorney Megan N. Mikolajczyk on behalf of Plaintiff Kent Bernbeck. (Mikolajczyk, Megan) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
55

STIPULATION and Joint Motion to Modifiy Scheduling Order by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
56

TEXT ORDER granting 55 the parties' Joint Motion to Modify Scheduling Order. The Order 47 is hereby amended to allow the defendant an extension of time until September 9, 2014, to file a brief and final argument together with his proposed findings of fact and conclusions of law. The plaintiff shall have until October 1, 2014, to file a reply brief and rebuttal argument, whereupon the matter will be deemed submitted. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
57

BRIEF Trial Brief of Defendant John A. Gale, Nebraska Secretary of State by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
58

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Attorney L. Jay Bartel on behalf of Defendant John A. Gale. (Bartel, L.) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
59

MEMORANDUM AND ORDER - Defendants objections, Filing No. 51, to written evidentiary materials are granted and denied as set forth herein. Plaintiff's objections to written evidentiary materials, Filing No. 52, are denied at this time. Ordered by Judge Joseph F. Bataillon. (MKR) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

Clearinghouse
60

BRIEF in Response to Defendant's Answer Brief by Attorney Megan N. Mikolajczyk on behalf of Plaintiff Kent Bernbeck.(Mikolajczyk, Megan) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
61

MEMORANDUM AND ORDER that the court finds the distribution requirement set forth in the Neb. Const., art. III, §§ 2 and 4 unconstitutional under the Fourteenth Amendment to the United States Constitution. The court issues a permanent injunction enjoining the defendant from enforcing the distribution requirement in Neb. Const., art. III, §§ 2 and 4. The plaintiff has 30 days from the date of this order to file a properly supported motion for costs and attorney fees. Thereafter, the defendant shall have 30 days to respond, and the plaintiff shall have 7 days to file a reply brief. Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

Clearinghouse
62

MOTION for Attorney Fees and Expenses by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 11/11/2014)

Nov. 11, 2014

Nov. 11, 2014

PACER
63

Unopposed MOTION for Clarification of Defendant Gale by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
64

ORDER - THEREFORE, IT IS ORDERED THAT the defendant's motion, Filing No. 63, is granted as set forth herein. Ordered by Senior Judge Joseph F. Bataillon. (TCL) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
65

DECLARATION regarding MOTION for Attorney Fees and Expenses 62 Declaration of Kent Bernbeck by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
66

DECLARATION regarding MOTION for Attorney Fees and Expenses 62 Declaration of David A. Domina by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
67

DECLARATION regarding MOTION for Attorney Fees and Expenses 62 Megan Mikolajczyk Declaration by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
68

INDEX in support of MOTION for Attorney Fees and Expenses 62 by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
69

BRIEF in support of MOTION for Attorney Fees and Expenses 62 by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
70

BRIEF in opposition to Plaintiff's Motion for Attorneys' Fees and Expenses by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 01/02/2015)

Jan. 2, 2015

Jan. 2, 2015

PACER
71

INDEX in support of Brief 70 in Opposition to Plaintiff's Motion for Attorneys Fees and Expenses by Attorney L. Jay Bartel on behalf of Defendant John A. Gale. (Attachments: # 1 Affidavit, # 2 Affidavit)(Bartel, L.) (Entered: 01/02/2015)

Jan. 2, 2015

Jan. 2, 2015

PACER
72

BRIEF in support of MOTION for Attorney Fees and Expenses 62 by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
73

MEMORANDUM AND ORDER that plaintiff's Motion for Attorney Fees 62 is granted in part and denied in part as follows: The Court awards plaintiff $87,915.00 in attorneys' fees and $561.54 in costs. In all other respects the motion is denied. A separate judgment will be entered in accordance with this memorandum and order. Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

Clearinghouse
74

JUDGMENT is hereby entered in favor of the plaintiff and against the defendant pursuant to the memorandum and order 61 . Judgment for attorneys' fees is entered in favor of the plaintiff and against the defendant pursuant to the memorandum and order 73 . Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

RECAP
75

MOTION to Stay of Judgment Pending Appeal by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
76

BRIEF in support of MOTION to Stay of Judgment Pending Appeal 75 by Attorney L. Jay Bartel on behalf of Defendant John A. Gale.(Bartel, L.) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
77

REPLY regarding MOTION to Stay of Judgment Pending Appeal 75 Plaintiff's Declination to Oppose Motion for Stay of Judgment Pending Appeal by Attorney David A. Domina on behalf of Plaintiff Kent Bernbeck.(Domina, David) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
78

ORDER that the defendant's Motion for stay of judgment pending appeal 75 is granted. Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
79

NOTICE OF APPEAL regarding Order on Motion for Attorney Fees, 73, Judgment,, Terminated Case, 74, Memorandum and Order,, 61 by Attorney L. Jay Bartel on behalf of Defendant John A. Gale. Filing fee $ 505, receipt number 0867-2946428. (Bartel, L.) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

PACER
80

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 79, Memorandum and Order 61, Memorandum and Order 73 and Judgment 74 . Notice of Appeal filed on 5/5/15 by Defendant John A. Gale. (JSF) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

PACER
81

SCHEDULING LETTER from USCA - 8th Circuit as to Notice of Appeal to USCA 79 . (Attachments: # 1 Transmittal Letter) (JSF) (Entered: 05/12/2015)

1 Transmittal Letter

View on PACER

May 11, 2015

May 11, 2015

RECAP
82

COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 15-1983, regarding Notice of Appeal to USCA 79 . Because we conclude Bernbeck does not possess standing to bring his Fourteenth Amendment claim, we are without authority to do anything but vacate that portion of the district court's judgment and remand with instructions to dismiss that claim without prejudice. (Attachments: # 1 Transmittal Letter, # 2 Letter to Publisher)(TCL) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
83

Mail Returned as Undeliverable addressed to dale.comer@nebraska.gov regarding Opinion (Copy) of USCA 82 . E-mail not resent to dale.comer@nebraska.gov because the attorney is no longer with the Attorney General's Office. (TCL) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
84

COPY of Order (Judgment) from USCA - 8th Circuit (15-1983) This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is vacated in part and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (TCL) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
85

COPY of Order from USCA - 8th Circuit (15-1983). The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Murphy, Judge Smith and Judge Kelly would grant the petition for rehearing en banc. (GJG) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
86

MANDATE/JUDGMENT from USCA - 8th Circuit (15-1983) regarding Notice of Appeal to USCA, 79 . In accordance with the opinion 82 and judgment 84 of 07/14/2016, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (GJG) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
87

ORDER OF DISMISSAL - THEREFORE, IT IS ORDERED THAT plaintiff's Fourteenth Amendment claim, as discussed in Filing No. 82, is dismissed without prejudice. Ordered by Senior Judge Joseph F. Bataillon. (TCL) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

RECAP

Case Details

State / Territory: Nebraska

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: July 30, 2013

Closing Date: Sept. 15, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An Omaha businessman who hoped to file a state-wide ballot initiative.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Nebraska, State

Clerk of the Village of Denton (Denton, Lancaster), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Vote dilution

Voting: General & Misc.