Case: Kelly v. Johnson

2:08-cv-00025 | U.S. District Court for the District of Montana

Filed Date: April 8, 2008

Closed Date: May 25, 2012

Clearinghouse coding complete

Case Summary

This is a case about Montana’s ballot-access scheme for independent and minor-party candidates who were seeking to run for non-presidential offices in the November 2008 general election. On April 8, 2008, a prospective independent candidate wanting to run for the U.S. Senate, along with a Gallatin County registered voter who wanted to have the opportunity to vote for that candidate in the general election, filed this lawsuit in the United States District Court for the District of Montana.  Plai…

This is a case about Montana’s ballot-access scheme for independent and minor-party candidates who were seeking to run for non-presidential offices in the November 2008 general election. On April 8, 2008, a prospective independent candidate wanting to run for the U.S. Senate, along with a Gallatin County registered voter who wanted to have the opportunity to vote for that candidate in the general election, filed this lawsuit in the United States District Court for the District of Montana.  Plaintiffs sued the Montana Secretary of State (in his official capacity) under 42 U.S.C. § 1983, seeking to enforce their rights under the First and Fourteenth Amendments to the U.S. Constitution. The case was assigned to Judge Sam E. Hadden. 

The Montana law at issue was passed in 2007 and created a two-tiered ballot-access scheme for candidates seeking to run for non-presidential offices: one for qualified parties and one for independent and minor-party candidates. A qualified party was any party that had a candidate for statewide office who met a certain vote threshold in either of the last two general elections or submitted a party-qualifying petition meeting the requirements of Mont. Code Ann. § 13-10-601.  Qualified parties nominated their candidates by primary election, and their nominees appeared automatically on the general-election ballot.  In order to appear on the primary-election ballot, candidates seeking the nomination of a qualified party needed only to submit a declaration for nomination and pay the filing fee prescribed by Mont. Code Ann. § 13-10-202.  In contrast to qualified party candidates, independent and minor party candidates appeared on the general election ballot only if the candidate or party submitted a nominating petition and paid a filing fee.  Nominating petitions had to contain the signatures of at least 5% of the total votes cast for the successful candidate for the same office in the last general election.  

Prior to a 2007 amendment to Montana’s law, the nominating petition deadline was the first Monday in June, and no filing fee was required.  The new ballot-access scheme for independent and minor-party candidates required potential candidates to decide, before the potential nominees of qualified parties were known, whether to run and to file a petition by March 20, 2008, with a $1,693.00 filing fee.  Plaintiffs argued that the new ballot-access scheme and submission deadline imposed severe and unjustified burdens on these candidates because it required potential candidates to collect a large number of signatures for the petition during the Montana winter.  

Represented by the American Civil Liberties Union of Montana Foundation, Inc., Plaintiffs requested that the Court enter a declaratory judgment finding that Montana’s ballot-access scheme for independent and minor-party candidates seeking to run for non-presidential offices in the November general election violated rights guaranteed to Plaintiffs by the First and Fourteenth Amendments to the United States Constitution, as enforced by 42 U.S.C. § 1983.  Plaintiffs further requested that the Court enjoin the Secretary of State from enforcing Montana’s ballot-access scheme for independent and minor-party candidates seeking to run for non-presidential offices in the November 2008 general election. 

On August 26, 2008, Plaintiffs filed a motion for preliminary injunction to prohibit enforcement of the ballot-access program at issue for the November 2008 election.  On October 9, 2008, the Court denied Plaintiffs’ request for injunctive relief.  2008 WL 11394337, at *1 (D. Mont. Oct. 9, 2008).  The Court found that the prospective candidate did not make the decision to run as an independent candidate until after April 15, 2008, and that, by the time he had made that decision, the March 20, 2008 deadline for filing to run as an independent candidate had long passed.  The Court explained that this deliberate delay, coupled with Plaintiffs’ decision to take no action to seek injunctive relief for over three-and-a-half months after filing the lawsuit strongly suggested a tactical approach intended to create an atmosphere justifying a request for rush to judgment.  Based on this finding, the Court held that Plaintiffs failed to demonstrate the requisite good faith showing of a strong possibility of success on the merits or a balance of hardships favoring Plaintiffs.  Finally, the Court found that an injunction requiring that the prospective candidate’s name be added to the ballot would create chaos for the election administrators as the entire ballot would have to reformatted after many had already been printed and would cause officials to be unable to meet statutory deadlines. 

Plaintiffs moved for summary judgment on April 10, 2009. 

On May 1, 2009, Defendant also moved for summary judgment.  

On February 3, 2010, the Court denied Plaintiffs’ motion for summary judgment and granted Defendant's motion for summary judgment.  The Court found that Plaintiffs lacked standing to invoke federal jurisdiction because there was no real and immediate injury that was personal to Plaintiffs.  The prospective candidate had not decided to run as an independent candidate as of April 8, 2008, when the Complaint was filed and made no effort to comply with the statutory program he contested for placement of his name on the ballot. Additionally, the registered voter lacked standing because, as discussed above, the prospective candidate was not a candidate and had not decided to become a candidate for United States Senate when the Complaint was filed.    

On February 22, 2010, Plaintiffs appealed the summary judgment ruling to the United States Court of Appeals for the Ninth Circuit.  On December 10, 2010, the Court of Appeals found, as a matter of law, that Plaintiffs did have standing to bring the lawsuit as registered voters, regardless of whether the prospective candidate had standing as a would-be candidate. The Court of Appeals explained that candidate eligibility requirements implicate basic constitutional rights of voters as well as those of candidates.  Therefore, because Plaintiffs were registered voters in Montana, their basic constitutional rights were implicated, and they had standing to challenge Montana’s ballot access requirements.  The Court of Appeals reversed and remanded the case to the district court to reach the merits of Plaintiffs’ claims. 

On November 22, 2011, Plaintiffs refiled their Motion for Summary Judgment and accompanying briefs, and the Secretary of State refiled his Cross Motion for Summary Judgment and accompanying briefs. 

On May 25, 2012, the district court granted, in part, Plaintiffs’ motion for summary judgment.  The Court found that (1) the filing deadline for independent candidates imposed a significant barrier to the exercise of rights protected and guaranteed by the First and Fourteenth Amendments to the Constitution of the United States and (2) was unconstitutional.  The Court enjoined the Secretary of State from enforcing Montana’s filing deadline for independent candidates.  At the same time, the Court denied the Secretary of State’s motion for summary judgment.  

The case was terminated on May 25, 2012.    

Summary Authors

LFAA (8/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/23119042/parties/kelly-v-johnson/


Judge(s)

Haddon, Sam E. (Montana)

Attorney for Plaintiff

Ellingson, Jon E. (Montana)

Giuttari, Jennifer Ann (Montana)

Griffing, Elizabeth L. (Montana)

Attorney for Defendant

Anders, Jennifer M. (Montana)

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Documents in the Clearinghouse

Document
1

2:08-cv-00025

Verified Complaint

Kelly, et al. v. Johnson

April 8, 2008

April 8, 2008

Complaint
7

2:08-cv-00025

Secretary of State's Answer to Complaint

Kelly, et al. v. Johnson

May 7, 2008

May 7, 2008

Pleading / Motion / Brief
16

2:08-cv-00025

Plaintiff's Motion for a Preliminary Injunction

Kelly, et al. v. Johnson

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
17

2:08-cv-00025

Plaintiff's Brief in Support of their Motion for a Preliminary Injunction

Kelly, et al. v. Johnson

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
28

2:08-cv-00025

Defendant's Brief in Opposition to Plaintiffs' Request for Preliminary Injunction

Kelly, et al. v. Johnson

Sept. 9, 2008

Sept. 9, 2008

Pleading / Motion / Brief
46

2:08-cv-00025

Stipulated Facts

Kelly, et al. v. Johnson

Sept. 19, 2008

Sept. 19, 2008

Pleading / Motion / Brief
40

2:08-cv-00025

Plaintiff's Reply to the Defendant's Brief in Opposition to the Plaintiffs' Motion for a Preliminary Injunction

Kelly, et al. v. Johnson

Sept. 19, 2008

Sept. 19, 2008

Pleading / Motion / Brief
45

2:08-cv-00025

Plaintiffs' Proposed Stipulations of Fact

Kelly, et al. v. Johnson

Sept. 19, 2008

Sept. 19, 2008

Pleading / Motion / Brief
48

2:08-cv-00025

Defendant's Supplemental Brief

Kelly, et al. v. Johnson

Sept. 22, 2008

Sept. 22, 2008

Pleading / Motion / Brief
51

2:08-cv-00025

Memorandum and Order

Kelly, et al. v. Johnson

Oct. 9, 2008

Oct. 9, 2008

Order/Opinion

2008 WL 11394337

Docket

See docket on RECAP: https://www.courtlistener.com/docket/23119042/kelly-v-johnson/

Last updated May 6, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Brad Johnson ( Filing fee $ 350 receipt number MTX6405.), filed by Steve Kellly. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(Griffing, Elizabeth) (Entered: 04/08/2008)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

April 8, 2008

April 8, 2008

Clearinghouse
2

MOTION Lauglin McDonald to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX6405.) by Steve Kellly. (Griffing, Elizabeth) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
3

MOTION Bryan Sells to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX6405.) by Steve Kellly. (Griffing, Elizabeth) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER

NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 1 Complaint. The signature on this document does not comply with L.R. 11.1 (b) and section 8 of the ECF Administrative Procedures Manual, or the document is not dated. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (ELL, )

April 9, 2008

April 9, 2008

PACER

NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 2 MOTION Lauglin McDonald to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX6405.), 3 MOTION Bryan Sells to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX6405.). The signature on this document does not comply with L.R. 11.1 (b) and section 8 of the ECF Administrative Procedures Manual, or the document is not dated. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (ELL, )

April 9, 2008

April 9, 2008

PACER

Summons Issued as to Brad Johnson. Original mailed to cnsl for service by US Mail. (ELL, )

April 9, 2008

April 9, 2008

PACER
4

ORDER granting 2 Motion to Appear Pro Hac Vice for Attorney Laughlin McDonald for Steve Kellly and Clarice Dreyer, Bryan Sells for Steve Kellly and Clarice Dreyer.; granting 3 Motion to Appear Pro Hac Vice for Attorney Laughlin McDonald for Steve Kellly and Clarice Dreyer, Bryan Sells for Steve Kellly and Clarice Dreyer.. Signed by Judge Sam E Haddon on 4/21/2008. (ELL, ) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
5

DECLARATION Acknowledgment and Acceptance of Admission filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
6

DECLARATION Acknowledgment and Acceptance of Admission - Laughlin McDonald filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
7

ANSWER to 1 Complaint by Brad Johnson. (Johnstone, Anthony) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

Clearinghouse
8

Proof of Service filed by Steve Kellly. Service by personal on 4/17/08. (Griffing, Elizabeth) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

PACER
9

MOTION to Strike Elizabeth L. Griffing appearing for Plaintiff Steve Kellly Responses due by 5/27/2008. (Griffing, Elizabeth) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

PACER
10

MOTION to Strike Brief in Support Elizabeth L. Griffing appearing for Plaintiff Steve Kellly Responses due by 5/27/2008. (Griffing, Elizabeth) Modified on 5/15/2008 to reflect that the event used was not correct and should have been filed using the "brief/memorandum in support" event (ELL, ). (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

PACER

Notice of Incorrect Docket Event: re 10 MOTION to Strike Brief in Support. Incorrect event used: Motion. correct event to use: Brief/Memorandum in Support. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (ELL, )

May 15, 2008

May 15, 2008

PACER
11

RESPONSE to Motion re 9 MOTION to Strike filed by Brad Johnson. (Attachments: # 1 Supplement Baron Holding v G&R Props (4th Dist. Ct. Mont. 2006)) (Johnstone, Anthony) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

PACER

Set/Reset Deadlines as to 9 MOTION to Strike. Motions ripe 6/3/2008. (ELL, )

June 3, 2008

June 3, 2008

PACER
12

REPLY to Response to Motion re 10 MOTION to Strike Brief in Support filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

PACER
13

ORDER Setting Hearing on Motion 9 MOTION to Strike : Motion Hearing set for 6/20/2008 11:00 AM in Butte, MT before Judge Sam E Haddon.. Signed by Judge Sam E Haddon on 6/9/2008. (ELL, ) (Entered: 06/10/2008)

June 9, 2008

June 9, 2008

PACER
14

Unopposed MOTION to Vacate 13 Order Setting Hearing on Motion to Strike Anthony Johnstone appearing for Defendant Brad Johnson (Attachments: # 1 Text of Proposed Order) (Johnstone, Anthony) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

PACER
15

ORDER denying 9 Motion to Strike ; granting 14 Motion to Vacate the hearing set for 6/20/08.. Signed by Judge Sam E Haddon on 6/11/2008. (ELL, ) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

PACER
16

MOTION for Preliminary Injunction Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Griffing, Elizabeth) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
17

Brief/Memorandum in Support re 16 MOTION for Preliminary Injunction filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Clearinghouse
18

MOTION to Expedite Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Griffing, Elizabeth) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
19

NOTICE of Appearance by Chris D. Tweeten on behalf of Brad Johnson (Tweeten, Chris) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
20

RESPONSE to Motion re 18 MOTION to Expedite filed by Brad Johnson. (Tweeten, Chris) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
21

Order Setting: Status Conference set for 9/2/2008 10:00 AM in Helena, MT before Judge Sam E Haddon. The Court will conduct a status conference w/cnsl on the record at 10:00 am on 9/2/08 in Helena to discuss issues presented by Pla Motion for Expedited Consideration of Pla Motion for Prelim Injunction. Lead cnsl for all parties are expected to attend and participate. Signed by Judge Sam E Haddon on 8/28/2008. (ELL, ) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
22

MOTION for Leave to Appear by Telephone Bryan Sells appearing for Plaintiffs Steve Kellly, Clarice Dreyer (Sells, Bryan) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
23

ORDER denying 22 Motion for Leave to Appear by Telephone. Signed by Judge Sam E Haddon on 8/29/2008. (CRM, ) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
24

Minute Entry for proceedings held before Judge Sam E Haddon: Status Conference held on 9/2/2008. Depty Clerk calls matter. Counsel for Plt Elizabeth Griffing and Bryan Sells prn; counsel for Dft Chris Tweeten and Anthony Johnstone prn. Court asks counsel to identify themselves and indicate who is lead counsel for each party. Bryan Sells lead counsel for Plt, Chris Tweeten lead counsel for Dft. Court addresses issues filed to date and questions counsel. Plt counsel heard. Court questions parties on probability of parties meeting/submitting matter on merits, cross msj. Dft counsel heard, Court heard, Plt counsel concerned about timing. Court heard. Court addresses parties to meet and submit to the Court Statement of Fact for consideration. Once Court receives Stmt Fact, it will set hearing on Plt's Motion for Expedited Consideration and Mot for Prel Injunc. Plt renews Motion for Prel Injunc. Parties heard on the matter. Court advises it will set hearing as promptly as possible and will conduct a tele conference with parties prior to setting hearing date. (Time in court 10:00-10:45) (Court Reporter T. Brilz.) (ded, ) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
25

MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction Chris D. Tweeten appearing for Defendant Brad Johnson (Attachments: # 1 Text of Proposed Order Proposed order) (Tweeten, Chris) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
26

Brief/Memorandum in Support re 25 MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction filed by Brad Johnson. (Tweeten, Chris) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
27

RESPONSE to Motion re 25 MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction filed by Steve Kellly, Clarice Dreyer. (Sells, Bryan) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
28

RESPONSE to Motion re 16 MOTION for Preliminary Injunction filed by Brad Johnson. (Attachments: # 1 Affidavit of Lisa Kimmet) (Johnstone, Anthony) (Entered: 09/09/2008)

1 Affidavit of Lisa Kimmet

View on PACER

Sept. 9, 2008

Sept. 9, 2008

Clearinghouse
29

TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on September 2, 2008, before Judge Sam E. Haddon. Court Reporter, TINA C. BRILZ, Telephone number 406-454-7805 or tina_brilz@mtd.uscourts.gov. Tape Number: TRANSCRIPT OF MOTION HEARING PROCEEDINGS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office, or from the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 10 DAYS OF THIS FILING Redaction Request due 10/3/2008. Redacted Transcript Deadline set for 10/14/2008. Release of Transcript Restriction set for 12/11/2008. (TCB, ) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
30

ORDER finding as moot 25 Motion for Extension of Time to File Response/Reply. Signed by Judge Sam E Haddon on 9/12/2008. (CRM, ) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
31

ORDER Settng Conference Call for 9/15/08.. Signed by Judge Sam E Haddon on 9/12/2008. (CRM, ) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
32

NOTICE by Brad Johnson re 31 Order (Johnstone, Anthony) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
33

NOTICE by Steve Kellly Notice of Telephone Numbers (Griffing, Elizabeth) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
34

MOTION for Leave to File Excess Pages Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Attachments: # 1 Exhibit) (Griffing, Elizabeth) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
35

Minute Entry for TELEPHONIC STATUS CONFERENCE held 9/15/08 before Judge Sam E Haddon in GF 3:00 pm: Pltf Cnsl/Bryan Sells, Elizabeth Griffing, Dft Cnsl/Anthony Johnstone, Chris Tweeten, present via telephone. Crt set this telephone call to discuss hearing date to hear the merits of preliminary injunction. Crt reviews brf history of case. Today Pltf has filed a motion for leave to file overlength brief. Sells responds as to estimate of brief. Crt grants motion to the extent that brief not exceed 15 pages. Crt orders brief frm pltf filed no later than Friday, September 19th by 1:00 pm. Crt can hold hearing on Friday the 19th at 1:00 in Butte, MT. Cnsl has no objs. Crt expects pltfs response and any other supporting papers cnsl want to submit no later that 1:00 on the 19th. Tweeten asks pltfs if they intend to call live testimony and if any matters are contested. Crt guides cnsl accordingly. Sells inquires as to if the Crt would still want stipulated facts frm cnsl. Crt encourages that, and that the Crt intends to take whatever facts are presented to make a ruling. Cnsl has nothing further. Recess 3:11 pm. (Court Reporter Tina Brilz.) (MMS, ) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
50

Minute Entry for proceedings held before Judge Sam E Haddon: Status Conference held on 9/15/2008. (SLR, ) (Entered: 09/30/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
36

ORDER granting 34 Motion for Leave to File Excess Pages; granting 18 Motion to Expedite. The Court will conduct a hearing on Plaintiff's Motion for Preliminary Injunction at 1:00 PM on September 19, 2008, at the Mike Mansfield Federal Courthouse, Butte, Montana.. Signed by Judge Sam E Haddon on 9/16/2008. (CRM, ) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
37

MOTION by Attorney for Leave to File Conventionally in This Case Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Attachments: # 1 Exhibit Proposed Order) (Griffing, Elizabeth) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
38

ORDER granting 37 Motion by Attorney for Leave to File Conventionally in This Case. Signed by Judge Sam E Haddon on 9/16/2008. (CRM, ) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
39

Proof of Service filed by Steve Kellly. Service by personal on 09/17/2008. (Griffing, Elizabeth) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

PACER
40

REPLY to Response to Motion re 16 MOTION for Preliminary Injunction filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

Clearinghouse
42

Minute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 9/19/2008 re 16 MOTION for Preliminary Injunction filed by Steve Kellly. Present in courtroom are cnsl for pla Bryan Sells and Elizabeth Griffing. Present for dft is cnsl Chris Tweeten. Court advises parties of purpose of todays hearing. Stmts by ea cnsl. Pla witnesses S/E Richard Winger, James Jensen, Steve Kelly and Lisa Kimmet. Dft Exhibit moved and admitted without obj 501, 502 and 503 w/obj. Parties have until Monday 9/22/08 to file briefing. Court recessed. (Court Reporter Tina Brilz.) (ELL, ) Modified on 9/22/2008 (ELL, ). (ELL, ). (Additional attachment(s) added on 12/12/2012: # 1 Exhibit) (ELL, ). (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
45

Plaintiffs Proposed STIPULATION of Facts by Steve Kellly, Clarice Dreyer. (ELL, ) (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

Clearinghouse
46

Defendant's STIPULATED FACTS by Brad Johnson. (ELL, ) (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

Clearinghouse
41

TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on September 19, 2008, before Judge Sam E. Haddon. Court Reporter, TINA C. BRILZ, Telephone number 406-454-7805 or tina_brilz@mtd.uscourts.gov. Tape Number: TRANSCRIPT OF MOTION HEARING PROCEEDINGS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office, or from the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 10 DAYS OF THIS FILING Redaction Request due 10/14/2008. Redacted Transcript Deadline set for 10/23/2008. Release of Transcript Restriction set for 12/22/2008. (TCB, ) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
43

TRANSCRIPT OF TELEPHONIC STATUS HEARING PROCEEDINGS held on September 15, 2008, before Judge Sam E. Haddon. Court Reporter, TINA C. BRILZ, Telephone number 406-454-7805 or tina_brilz@mtd.uscourts.gov. Tape Number: TRANSCRIPT OF TELEPHONIC STATUS HEARING PROCEEDINGS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office, or from the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 10 DAYS OF THIS FILING Redaction Request due 10/14/2008. Redacted Transcript Deadline set for 10/23/2008. Release of Transcript Restriction set for 12/22/2008. (TCB, ) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
44

Notice of Filing Written Offer of Proof by Steve Kellly, Clarice Dreyer (Attachments: # 1 Offer of Proof) (Sells, Bryan) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
47

ORDERED: Each party may file a further brief concerning Pla's Motion for Preliminary Injunction on or before 5:00 pm on 9/22/08. The matter shall be deemed fully submitted upon receipt of the briefs. Signed by Judge Sam E Haddon on 9/22/2008. (ELL, ) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
48

Brief/Response to Order re 47 Order, Defendant's Supplemental Brief filed by Brad Johnson. (Tweeten, Chris) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

Clearinghouse
49

Brief/Response to Order filed by Steve Kellly. (Attachments: # 1 Exhibit Winger Exhibit 2, # 2 Exhibit Winger Exhibit 3, # 3 Exhibit Winger Exhibit 1) (Griffing, Elizabeth) (Entered: 09/22/2008)

1 Exhibit Winger Exhibit 2

View on PACER

2 Exhibit Winger Exhibit 3

View on PACER

3 Exhibit Winger Exhibit 1

View on PACER

Sept. 22, 2008

Sept. 22, 2008

PACER

NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 48 Brief/Response to Order. The signature on this document does not comply with L.R. 11.1 (b) and section I(i) of the ECF Administrative Procedures Manual, or the document is not dated. DATE WAS NOT COMPLETE. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (ELL, )

Sept. 22, 2008

Sept. 22, 2008

PACER
51

ORDER denying 16 Motion for Preliminary Injunction. Signed by Judge Sam E Haddon on 10/9/2008. (CRM, ) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

Clearinghouse
52

NOTICE of Appearance by Jennifer Ann Giuttari on behalf of Steve Kellly, Clarice Dreyer (CRM, ) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
53

MOTION by Attorney for Leave to File Conventionally in This Case Jennifer Ann Giuttari appearing for Plaintiffs Steve Kellly, Clarice Dreyer (Attachments: # 1 Proposed Order) (CRM, ) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
54

ORDER granting 53 Motion by Attorney for Leave to File Conventionally in This Case. Signed by Judge Sam E Haddon on 10/15/2008. (CRM, ) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
55

PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 12/30/2008. Joint Discovery Plan due by 12/30/2008. Pretrial Conference set for 1/9/2009 10:30 AM in Butte, MT before Judge Sam E Haddon.. Signed by Judge Sam E Haddon on 11/5/2008. (ELL, ) Modified on 11/6/2008 to indicate a copy was mailed to Jennifer Giuttari (CRM, ). (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

PACER
56

MOTION for Leave to Appear Telephonically Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Griffing, Elizabeth) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

PACER
57

JOINT DISCOVERY PLAN by Steve Kellly. (Griffing, Elizabeth) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

PACER
58

ORDER denying 56 Motion for Leave to Appear Telephonically. Signed by Judge Sam E Haddon on 12/29/2008. (ELL, ) Modified on 12/29/2008 to indicate that a copy of the Order has been sent by US Mail to Jennifer Ann Guittari (ELL, ). (Entered: 12/29/2008)

Dec. 29, 2008

Dec. 29, 2008

PACER
59

PRELIMINARY PRETRIAL STATEMENT by Steve Kellly. (Griffing, Elizabeth) (Entered: 12/29/2008)

Dec. 29, 2008

Dec. 29, 2008

PACER
60

PRELIMINARY PRETRIAL STATEMENT by Brad Johnson. (Johnstone, Anthony) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
65

Minute Entry for proceedings held before Judge Sam E Haddon: Initial Pretrial Conference held on 1/9/2009. (SLR, ) (Entered: 02/03/2009)

Jan. 9, 2009

Jan. 9, 2009

PACER
61

MOTION to Substitute Party Anthony Johnstone appearing for Defendant Brad Johnson (Attachments: # 1 Text of Proposed Order) (Johnstone, Anthony) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
62

ORDER granting 61 Motion to Substitute Party. Linda McCulloch added. Brad Johnson terminated. Signed by Judge Sam E Haddon on 1/13/2009. (ELL, ) Modified on 1/14/2009 to indicate that a copy of #62 has been sent by US Mail to attorney Jennifer Ann Guittari(ELL, ). (Entered: 01/13/2009)

Jan. 13, 2009

Jan. 13, 2009

PACER
63

SCHEDULING ORDER: PPT Conf held 1/9/09 in Butte, Montana. Status Conference set for 7/10/2009 10:00 AM in Butte, MT before Judge Sam E Haddon. Amended Pleadings due by 1/23/2009. Discovery due by 4/3/2009. Motions due by 6/5/2009. Proposed Pretrial Order due by 8/7/2009.. Signed by Judge Sam E Haddon on 1/14/2009. (ELL, ) Modified on 1/14/2009 to indicate that a copy of Order #63 has been sent to attorney Jennifer Ann Giuttari by U.S. Mail (ELL, ). (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
64

Stipulated Motion to set briefing schedule Anthony Johnstone appearing for Defendant Linda McCulloch (Attachments: # 1 Text of Proposed Order setting briefing schedule) (Johnstone, Anthony) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

PACER
66

ORDER granting 64 Stipulated Motion. Plas shall file brf simultaneously with their motion on or before 4/10/09. Dft shall file combined principal and resp brf on or before 5/1/09. Dft shall file reply brif on or before 6/5/09. Signed by Judge Sam E Haddon on 2/2/2009. (ELL, ) Modified on 2/4/2009 to indicate that a copy has been sent by US Mail to attorney Giuttari (ELL, ). (Entered: 02/03/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
67

MOTION for Summary Judgment Bryan Sells appearing for Plaintiffs Steve Kellly, Clarice Dreyer (Sells, Bryan) (Entered: 04/10/2009)

April 10, 2009

April 10, 2009

Clearinghouse
68

Brief/Memorandum in Support re 67 MOTION for Summary Judgment filed by Steve Kellly, Clarice Dreyer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Sells, Bryan) (Entered: 04/10/2009)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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April 10, 2009

April 10, 2009

Clearinghouse
69

Statement of Undisputed Fact re: 67 MOTION for Summary Judgment. (Sells, Bryan) (Entered: 04/10/2009)

April 10, 2009

April 10, 2009

Clearinghouse
70

CROSS MOTION for Summary Judgment Anthony Johnstone appearing for Defendant Linda McCulloch (Johnstone, Anthony) Modified on 5/4/2009 to add text (ELL, ). (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

Clearinghouse
71

Brief/Memorandum in Support re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

Clearinghouse
72

APPENDIX re 71 Brief/Memorandum in Support by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
73

APPENDIX re 71 Brief/Memorandum in Support by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
74

APPENDIX re 71 Brief/Memorandum in Support by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
75

Statement of Undisputed Fact re: 70 MOTION for Summary Judgment, 71 Brief/Memorandum in Support. (Johnstone, Anthony) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

Clearinghouse
76

AFFIDAVIT OF TODD DONOVAN, PH.D. in Support re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Attachments: # 1 Exhibit Curriculum Vitae, # 2 Appendix Report of Todd Donovan, Ph.D.) (Johnstone, Anthony) Modified on 5/4/2009 to add text(ELL, ). (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
77

AFFIDAVIT OF ALAN MILLER in Support re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Attachments: # 1 Exhibit Ex A Green Party History, # 2 Exhibit Ex B Candidate History, # 3 Exhibit Ex C Minor Party Candidates, # 4 Exhibit Ex D Independent Candidates 80-08, # 5 Exhibit Ex E Federal Legislative Candidates, # 6 Exhibit Ex F Statewide Candidates, # 7 Exhibit Ex G Third Party) (Johnstone, Anthony) Modified on 5/4/2009 to add text (ELL, ). (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
78

AFFIDAVIT OF DOUG MITCHELL in Support re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Johnstone, Anthony) Modified on 5/4/2009 to add text (ELL, ). (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
79

AFFIDAVIT OF MATT SINGER in Support re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Johnstone, Anthony) Modified on 5/4/2009 to add text (ELL, ). (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
80

Statement of Genuine Issues re: 70 MOTION for Summary Judgment filed by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
81

AFFIDAVIT in Support re 70 MOTION for Summary Judgment Aff Lisa Kimmet filed by Linda McCulloch. (Attachments: # 1 Exhibit Ex A Election Calendar, # 2 Exhibit Ex B Legis Calendar, # 3 Exhibit Ex C Cnty Elec Staff, # 4 Exhibit Ex D-Ballots) (Johnstone, Anthony) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
82

Brief/Memorandum in Support re 70 Brief/Memorandum in Support Amended filed by Linda McCulloch. (Johnstone, Anthony) Modified on 5/20/2009 to correct linkage(ELL, ). (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

Clearinghouse
83

AFFIDAVIT in Support re 70 MOTION for Summary Judgment of Todd Donovan Ph.D (Amended) filed by Linda McCulloch. (Attachments: # 1 Appendix Report of Todd Donovan, Ph.D., # 2 Exhibit Ex. 1 to Donovan Report, # 3 Supplement Supplement to Donovan Report, # 4 Exhibit Ex. A to Donovan Aff. (Qualifications)) (Johnstone, Anthony) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

PACER
84

Statement of Undisputed Fact re: 70 MOTION for Summary Judgment by Linda McCulloch filed by Linda McCulloch. (Johnstone, Anthony) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
85

Combined Response 70 and Reply Brief 67 Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Attachments: # 1 Exhibit A Donovan Deposition, # 2 Exhibit B Cole Report, # 3 Exhibit C Kimmett Deposition, # 4 Exhibit D Miller Deposition, # 5 Exhibit E Kimmet personal deposition, # 6 Exhibit F Miller personal deposition) (Griffing, Elizabeth) Modified on 5/26/2009 to reflect that event used was not correct and should have been filed using the Response to a Motion OR Reply to a Motion event and to add linkage (ELL, ). (Entered: 05/22/2009)

1 Exhibit A Donovan Deposition

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2 Exhibit B Cole Report

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3 Exhibit C Kimmett Deposition

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4 Exhibit D Miller Deposition

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5 Exhibit E Kimmet personal deposition

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6 Exhibit F Miller personal deposition

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May 22, 2009

May 22, 2009

Clearinghouse
86

Statement of Genuine Issues re: 85 MOTION for Summary Judgment Combined Response and Reply Brief filed by Steve Kellly. (Griffing, Elizabeth) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER

Notice of Incorrect Docket Event: re 85 MOTION for Summary Judgment Combined Response and Reply Brief. Incorrect event used: Motion for Summary Judgment. correct event to use: Response to Motion OR Reply to Motion. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (ELL, )

May 26, 2009

May 26, 2009

PACER
87

REPLY to Response to Motion re 70 MOTION for Summary Judgment filed by Linda McCulloch. (Attachments: # 1 Appendix Block v. Mollis (D.R.I. May 29, 2009)) (Johnstone, Anthony) (Entered: 06/05/2009)

1 Appendix Block v. Mollis (D.R.I. May 29, 2009)

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June 5, 2009

June 5, 2009

Clearinghouse
88

Unopposed MOTION for Leave to File Discovery Responses Anthony Johnstone appearing for Defendant Linda McCulloch (Attachments: # 1 Appendix Plaintiffs' Discovery Responses, # 2 Exhibit Exhibit to Plaintiffs Discovery Responses, # 3 Text of Proposed Order) (Johnstone, Anthony) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

PACER
89

ORDER granting 88 Motion for Leave to File Pla Discovery Responses in support of her motion for summary judgment. Signed by Judge Sam E Haddon on 6/9/2009. (ELL, ) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

PACER
90

RESPONSE to Discovery Request from Steve Kelly et al by Linda McCulloch. (Attachments: # 1 Appendix Signature Page, # 2 Exhibit 503, # 3 Exhibit 505) (Johnstone, Anthony) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

PACER
91

ORDER. The status conf set for 7/10/09 is VACATED pending resolution of the summary judgment motions.. Signed by Judge Sam E Haddon on 6/22/2009. (ELL, ) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
92

MOTION for Leave to File Surreply Brief Elizabeth L. Griffing appearing for Plaintiff Steve Kellly (Attachments: # 1 Exhibit Surreply Brief) (Griffing, Elizabeth) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
93

ORDER granting 92 Motion for Leave to File a Surreply. Signed by Judge Sam E Haddon on 7/1/2009. (CRM, ) (Entered: 07/02/2009)

July 1, 2009

July 1, 2009

PACER

Case Details

State / Territory: Montana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 8, 2008

Closing Date: May 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were a voter and prospective third-party candidate in Montana

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montana Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Issues

Voting:

Candidate qualifications

Challenges to at-large/multimember district/election

Election administration

Voter registration rules