Case: Brown v. Jacobsen

Filing Fee Received

COMPLAINT against Christi Jacobsen, filed by Bob Brown, Hailey Sinoff, Donald Seifert. (Attachments: # 1 Civil Cover Sheet) (HEG) (Entered: 12/07/2021)

1 Civil Cover Sheet

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Filing fee received: $ 402, receipt number AMTDC-2776867 (HEG)

Filing Fee Received

Summons Issued as to Christi Jacobsen and Attorney General. Original summonses emailed to counsel for service. (Attachments: # 1 Attorney General Summons) (HEG) (Entered: 12/08/2021)

1 Attorney General Summons

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ORDER appointing Judge Paul J. Watford, U.S. Circuit Judge for the Ninth Circuit, and Chief Judge Brian M. Morris pursuant to 28 U.S.C. § 2284(a). Signed by Chief Judge Mary H. Murguia, United States Court of Appeals for the Ninth Circuit. (NOS)

Proof of Service filed by Bob Brown, Donald Seifert, Hailey Sinoff. Service by process server on December 10, 2021. (Attachments: # 1 Supplement) (Van Kley, Constance) (Entered: 12/17/2021)

1 Supplement

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MOTION for Preliminary Injunction Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 12/17/2021)

Brief/Memorandum in Support re 5 MOTION for Preliminary Injunction filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit Montana State and County Population Totals, # 2 Exhibit Excerpts from U.S. Census Bureau, Montana: 2010, # 3 Exhibit Current PSC Map, # 4 Exhibit Map Showing Deviation as of 2013, # 5 Exhibit SB153 Proposed Map, # 6 Exhibit Letter from Chairman Bill Gallagher to Sen. State Admin. Comm., # 7 Exhibit Letter from Chairman Bill Gallagher to House Judiciary Comm., # 8 Exhibit Affidavit of Bob Brown) (Van Kley, Constance) (Attachment 3 replaced on 1/4/22 with flattened version.) (NOS) (Entered: 12/17/2021)

1 Exhibit Montana State and County Population Totals

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2 Exhibit Excerpts from U.S. Census Bureau, Montana: 2010

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3 Exhibit Current PSC Map

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4 Exhibit Map Showing Deviation as of 2013

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5 Exhibit SB153 Proposed Map

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6 Exhibit Letter from Chairman Bill Gallagher to Sen. State Admin. Comm.

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7 Exhibit Letter from Chairman Bill Gallagher to House Judiciary Comm.

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8 Exhibit Affidavit of Bob Brown

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Set/Reset Hearings

ORDER re 5 MOTION for Preliminary Injunction filed by Hailey Sinoff, Donald Seifert, Bob Brown: Plaintiffs' request for a temporary restraining order or a preliminary injunction is GRANTED IN PART. It is granted insofar as Jac obsen is temporarily restrained as explained in this Order. The Court reserves ruling on the remainder of Plaintiffs' motion until the parties appear for a hearing. ORDER Setting Hearing on Motion 5 MOTION for Preliminary Injunction: Motion Hearing set for 1/7/2022 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Paul J. Watford, Judge Donald W. Molloy, and Chief Judge Brian M. Morris. Signed by Judge Donald W. Molloy on 12/22/2021. (dle)

Set/Reset Hearings: Motion Hearing set for 1/7/2022 at 9:00 AM in Missoula, MT before Judge Donald W. Molloy and Chief Judge Brian Morris. (NOS)

Set/Reset Hearings - SDM

RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by Christi Jacobsen. (Mead, Brent) (Entered: 01/03/2022)

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (NEF regenerated to Defendant following addition of counsel to the docket.) (NOS) (Entered: 01/05/2022)

MINUTE ENTRY for proceedings held before Judge Donald W. Molloy, Judge Paul J. Watford (appearing via Zoom), and Chief Judge Brian Morris (appearing via Zoom): Motion Hearing held on 1/7/2022 re 5 MOTION for Preliminary Injunction. Counsel Constance Van Kley, Rylee Sommers-Flanagan, and Joel Krautter appearing on behalf of plaintiffs. Counsel Brent Mead appearing on behalf of defendant. Counsel Van Kley and Mead provide argument, answer questions as asked by judge panel. Written order forthcoming. Hearing commenced at 9:07 a.m. and concluded at 10:07 a.m. (Court Reporter: Janet Davis (via Zoom)) (Law Clerk: T. Nickol) (Hearing held in Missoula, MT) (NOS) (Entered: 01/07/2022)

ORDER. IT IS ORDERED that the temporary restraining order as stated in the previous Order, (Doc. 7 ), shall remain in effect until January 18, 2022, or until an order on the preliminary injunction is entered, whichever happens first. Signed by Judge Donald W. Molloy on 1/7/2022. (NOS)

Motion Hearing - SDM

Defendants's ANSWER to 1 Complaint by Christi Jacobsen. (Mead, Brent) (Entered: 01/12/2022)

MOTION to Dismiss or Alternatively to Stay Proceedings Brent Adam Mead appearing for Defendant Christi Jacobsen (Mead, Brent) (Entered: 01/12/2022)

Brief/Memorandum in Support re 13 MOTION to Dismiss or Alternatively to Stay Proceedings filed by Christi Jacobsen. (Mead, Brent) (Entered: 01/12/2022)

Joint Stipulated Motion to Incorporate Prior Briefing Brent Adam Mead appearing for Defendant Christi Jacobsen (Attachments: # 1 Text of Proposed Order Proposed Order) (Mead, Brent) (Entered: 01/12/2022)

1 Text of Proposed Order Proposed Order

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Set Deadlines/Hearings

Set/Reset Hearings

ORDER granting 5 Motion for Preliminary Injunction. Jacobsen is preliminarily enjoined from certifying candidates for Commissioner in District 1 and 5, pending a final disposition on the merits. IT IS FURTHER ORDERED that the temporary restraining order, (Doc. 7 ), is MOOTED in light of the preliminary injunction. Signed by Judge Donald W. Molloy, Circuit Judge Paul J. Watford, and Chief Judge Brian M. Morris on 1/13/2022. (NOS)

Set Deadlines/Hearings: Bench Trial set for 3/4/2022 at 9:00 a.m. in the Russell Smith Courthouse in Missoula, MT, before Chief Judge Brian M. Morris. (NOS)

ORDER. Response to Motion to Dismiss: 1/13/2022. Reply in Support of Motion to Dismiss: 1/14/2022. Discovery due by 2/2/2022. Motions due by 2/7/2022. Proposed Final Pretrial Order due by 2/28/2022. Bench Trial set for 3/4/2022 at 9:00 a.m. at the Russell Smith Courthouse in Missoula, Montana. Signed by Judge Donald W. Molloy on 1/13/2022. (NOS) (Entered: 01/13/2022)

RESPONSE to Motion re 13 MOTION to Dismiss or Alternatively to Stay Proceedings filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 01/13/2022)

Set/Reset Hearings: Bench Trial set for 3/4/2022 at 09:00 AM in Missoula, MT before Paul J. Watford. (JEH)

Set Deadlines/Hearings - SDM

Set/Reset Hearings - SDM

ORDER. IT IS ORDERED that the joint stipulated motion to incorporate arguments made in prior briefing, (Doc. 15 ), is GRANTED. IT IS FURTHER ORDERED that Jacobsen's motion to dismiss, (Doc. 13 ), is DENIED. Signed by Judge Donald W. Molloy on 1/18/2022. (NOS)

NOTICE of Appearance by Emily E. Jones on behalf of Christi Jacobsen (Jones, Emily) (Entered: 01/27/2022)

MOTION for Summary Judgment Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 02/07/2022)

Brief/Memorandum in Support re 21 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/07/2022)

Statement of Undisputed Fact re: 21 MOTION for Summary Judgment by Bob Brown, Donald Seifert, Hailey Sinoff filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Affidavit Affidavit of Constance Van Kley and Exhibits 1-A through 1-E, # 2 Exhibit 2010 Districting Commission Plan, # 3 Exhibit 2020 Districting Commission Criteria, # 4 Exhibit Expert Report of Honorable Jim Regnier, # 5 Affidavit Second Affidavit of Constance Van Kley) (Van Kley, Constance) (Entered: 02/07/2022)

1 Affidavit Affidavit of Constance Van Kley and Exhibits 1-A through 1-E

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2 Exhibit 2010 Districting Commission Plan

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3 Exhibit 2020 Districting Commission Criteria

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4 Exhibit Expert Report of Honorable Jim Regnier

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5 Affidavit Second Affidavit of Constance Van Kley

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MOTION for Summary Judgment Brent Adam Mead appearing for Defendant Christi Jacobsen (Mead, Brent) (Entered: 02/07/2022)

Brief/Memorandum in Support re 24 MOTION for Summary Judgment filed by Christi Jacobsen. (Mead, Brent) (Entered: 02/07/2022)

Statement of Undisputed Fact re: 24 MOTION for Summary Judgment by Christi Jacobsen filed by Christi Jacobsen. (Mead, Brent) (Entered: 02/07/2022)

NOTICE by Greg Gianforte for 28 U.S.C. 2284(b) Service (Milanovich, Anita) (Entered: 02/08/2022)

ORDER. IT IS ORDERED that, pursuant to 28 U.S.C. § 2284(6)(2), Plaintiffs are directed to serve the Governor with the Complaint, (Doc. 1 ), the January 13, 2022 scheduling order, (Doc. 17 ), and this Order. IT IS FURTHER ORDERED that the Clerk of Court is directed to add Anita Milanovich and Governor Gianforte to CM/ECF. Signed by Judge Donald W. Molloy on 2/8/2022. (NOS) Modified on 2/9/2022 NEF regenerated to counsel for Gianforte (HEG).

Remark

Remark: Governor Gianforte and his counsel Anita Milanovich have been added to CM/ECF as an interested party and will receive all electronic notifications in this matter. (HEG)

ORDERED: Jacobsen is directed to submit at least one proposed map in conjunction with its responsive briefing. Consistent with the January 13, 2022 scheduling order, such a proposal shall be due on or before February 22, 2022. (See Doc. 17.) Signed by Judge Donald W. Molloy on 2/9/2022. (HEG)

NOTICE by Bob Brown, Donald Seifert, Hailey Sinoff re 24 MOTION for Summary Judgment Notice of Nonobjection Regarding Applicability of 22 U.S.C. 2284 (Van Kley, Constance) (Entered: 02/11/2022)

RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Affidavit, # 2 Exhibit) (Van Kley, Constance) (Entered: 02/22/2022)

1 Affidavit

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2 Exhibit

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RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Christi Jacobsen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Mead, Brent) (Entered: 02/22/2022)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Proposed Pretrial Order submitted for review by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit Thomas Report, # 2 Exhibit Thomas Rebuttal, # 3 Exhibit Regnier Report, # 4 Exhibit Thomas Affidavit, # 5 Exhibit Plaintiffs' Exhibit List, # 6 Exhibit Defendants' Exhibit List) (Van Kley, Constance) (Entered: 02/28/2022)

1 Exhibit Thomas Report

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2 Exhibit Thomas Rebuttal

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3 Exhibit Regnier Report

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4 Exhibit Thomas Affidavit

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5 Exhibit Plaintiffs' Exhibit List

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6 Exhibit Defendants' Exhibit List

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REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/28/2022)

JOINT Proposed Findings of Fact by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) Modified on 3/1/2022 to add text to clarify (HEG). (Entered: 02/28/2022)

Proposed Findings of Fact by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/28/2022)

Proposed Findings of Fact by Greg Gianforte, Christi Jacobsen. (Mead, Brent) (Entered: 02/28/2022)

NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by Christi Jacobsen (Mead, Brent) (Entered: 02/28/2022)

AMENDED Proposed Findings of Fact . (Mead, Brent) Modified on 3/1/2022 to clarify docket text (HEG). (Entered: 02/28/2022)

REPLY to Response to Motion re 24 MOTION for Summary Judgment filed by Christi Jacobsen. (Mead, Brent) (Entered: 03/01/2022)

FINAL PRETRIAL ORDER. Signed by Judge Donald W. Molloy on 3/2/2022. (Attachments: # 1 Plaintiffs' Exhibit List, # 2 Defendant's Exhibit List) (NOS)

1 Plaintiffs' Exhibit List

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2 Defendant's Exhibit List

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NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 03/02/2022)

MINUTE ENTRY for proceedings held before Judge Donald W. Molloy, Circuit Judge Paul J. Watford, and Chief Judge Brian Morris: Final Pretrial Conference and Bench Trial held on 3/4/2022. Counsel Constance Van Kley, Joel Krautter, and Rylee Sommers-Flanagan appearing on behalf of plaintiffs. Counsel Brent Mead and Emily Jones appearing on behalf of defendant. Final pretrial conference held. Stipulated exhibits admitted: Plaintiffs exhibits 1-6, Defendant exhibit 21-28. Parties stipulate to admission of expert reports in lieu of witness testimony. Matter called for bench trial. Counsel Van Kley presents case for plaintiffs. Counsel Mead presents case for defendant. Rebuttal by Plaintiffs. Written determination forthcoming. Hearing commenced at 9:05 a.m. and concluded at 12:07 p.m. (Attachments: # 1 Plaintiffs' Exhibit 1, # 2 Plaintiffs' Exhibit 2, # 3 Plaintiffs' Exhibit 3, # 4 Plaintiffs' Exhibit 4, # 5 Plaintiffs' Exhibit 5, # 6 Plaintiffs' Exhibit 6, # 7 Defendant's Exhibit 21, # 8 Defendant's Exhibit 22, # 9 Defendant's Exhibit 23, # 10 Defendant's Exhibit 24, # 11 Defendant's Exhibit 25, # 12 Defendant's Exhibit 26, # 13 Defendant's Exhibit 27, # 14 Defendant's Exhibit 28) (Court Reporter: JoAnn Corson) (Law Clerk: T. Nickols) (Hearing held in Missoula) (NOS) (Entered: 03/04/2022)

1 Plaintiffs' Exhibit 1

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2 Plaintiffs' Exhibit 2

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3 Plaintiffs' Exhibit 3

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4 Plaintiffs' Exhibit 4

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5 Plaintiffs' Exhibit 5

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6 Plaintiffs' Exhibit 6

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7 Defendant's Exhibit 21

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8 Defendant's Exhibit 22

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9 Defendant's Exhibit 23

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10 Defendant's Exhibit 24

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11 Defendant's Exhibit 25

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12 Defendant's Exhibit 26

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13 Defendant's Exhibit 27

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14 Defendant's Exhibit 28

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OPINION and ORDER: IT IS ORDERED that Montana Code Annotated § 691104 is DECLARED unconstitutional. IT IS FURTHER ORDERED that Secretary Jacobsen is permanently enjoined from certifying candidates under the 2003 Commission map. IT IS FURTHER ORD ERED that Secretary Jacobsen will implement the above map, absent action by the Montana legislature, to certify candidates for Districts 1 and 5 for the 2022 elections. Morris, Chief Judge CONCURRING. Signed by Judge Donald W. Molloy, Circuit Judge Paul J. Watford and Chief Judge Brian M. Morris on 3/8/2022. (HEG) Modified on 3/8/2022 to update docket text(HEG).

JUDGMENT in favor of the Plaintiffs and against the Defendant. (HEG)

APPLICATION FOR TAXATION OF COSTS by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Van Kley, Constance) (Main Document 46 replaced on 3/25/2022) (HEG). Modified on 3/25/2022 main document replaced with a flattened pdf (HEG). (Entered: 03/22/2022)

1 Exhibit

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2 Exhibit

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3 Exhibit

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MOTION for Attorney Fees Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 03/22/2022)

Brief/Memorandum in Support re 47 MOTION for Attorney Fees filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 6, # 6 Exhibit 7) (Van Kley, Constance) (Attachment(s) added on 3/22/2022: # 7 Exhibit 5 - inadvertently left off when filed) (SGN). (Entered: 03/22/2022)

1 Affidavit

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2 Affidavit

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3 Exhibit

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5 Affidavit

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6 Exhibit

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7 Affidavit

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Unopposed MOTION for Extension of Time to File Response/Reply as to 48 Brief/Memorandum in Support, 46 Application for Taxation of Costs, 47 MOTION for Attorney Fees Brent Adam Mead appearing for Defendant Christi Jacobsen (Attachments: # 1 Text of Proposed Order Proposed Order) (Mead, Brent) (Entered: 03/30/2022)

1 Text of Proposed Order Proposed Order

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ORDER granting 49 Motion for Extension of Time to File Response re 47 MOTION for Attorney Fees. Any response to Plaintiffs' motion for attorney fees shall be due on or before April 21, 2022. Signed by Judge Donald W. Molloy on 3/31/2022. (NOS) (Entered: 03/31/2022)

Costs Taxed in amount of $ 502.00 against Defendants. (HEG) (Entered: 04/05/2022)

ORDER: To clarify, the March 31, 2022 order granting the extension of the response deadline applies to the defendant's response to Plaintiffs' request for attorney fees and request for non-taxable costs. The order does not apply to Plaintiffs' request for taxable costs as authorized by statute. Moreover, the award of $502 in taxable costs to Plaintiffs does not preclude the defendant from challenging any of Plaintiffs' requested non-taxable cost amount. Signed by Judge Donald W. Molloy on 4/6/2022. (HEG) (Entered: 04/06/2022)

RESPONSE to Motion re 47 MOTION for Attorney Fees Response in Opposition filed by Christi Jacobsen. (Attachments: # 1 Affidavit Affidavit of B Mead, # 2 Affidavit Affidavit of D lang, # 3 Exhibit RSF Travel & Hearings, # 4 Exhibit RSF Communications, # 5 Exhibit Upper Seven Law-Complaint, # 6 Exhibit Krautter-Complaint, # 7 Exhibit Upper Seven Law-Prelim. Inj., # 8 Exhibit Krautter-Prelim. Inj., # 9 Exhibit Upper Seven-Motion to Stay, # 10 Exhibit Krautter-Motion to Stay, # 11 Exhibit Upper Seven Law-Proposed Maps, # 12 Exhibit Krautter-proposed Maps, # 13 Exhibit Krautter-Travel, # 14 Exhibit Krautter-Communications, # 15 Exhibit Krautter- MSJ, # 16 Exhibit Upper Seven Law-MSJ, # 17 Exhibit Linfesty-Vague Billing, # 18 Exhibit Affidavit of J Metropoulos) (Mead, Brent) (Entered: 04/21/2022)

1 Affidavit Affidavit of B Mead

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2 Affidavit Affidavit of D lang

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3 Exhibit RSF Travel & Hearings

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4 Exhibit RSF Communications

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5 Exhibit Upper Seven Law-Complaint

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6 Exhibit Krautter-Complaint

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7 Exhibit Upper Seven Law-Prelim. Inj.

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8 Exhibit Krautter-Prelim. Inj.

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9 Exhibit Upper Seven-Motion to Stay

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10 Exhibit Krautter-Motion to Stay

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11 Exhibit Upper Seven Law-Proposed Maps

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12 Exhibit Krautter-proposed Maps

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13 Exhibit Krautter-Travel

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14 Exhibit Krautter-Communications

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15 Exhibit Krautter- MSJ

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16 Exhibit Upper Seven Law-MSJ

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17 Exhibit Linfesty-Vague Billing

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18 Exhibit Affidavit of J Metropoulos

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REPLY to Response to Motion re 47 MOTION for Attorney Fees filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 05/05/2022)

OPINION and ORDER. IT IS ORDERED that Plaintiffs' motion for attorney fees and non-taxable costs, (Doc. 47 ), is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that post-judgment interest shall accrue at the rate of 1.03% from the date of the judgment until paid. Signed by Judge Donald W. Molloy on 7/6/2022. (NOS)

NOTICE OF APPEAL as to 55 Order on Motion for Attorney Fees, by Christi Jacobsen. Filing fee $ 505, receipt number AMTDC-2914849. (Attachments: # 1 Supplement Statement of Representation) (Mead, Brent) (Entered: 08/05/2022)

1 Supplement Statement of Representation

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USCA Case Number 22-35634 and Time Schedule Order for 56 Notice of Appeal filed by Christi Jacobsen. (HEG) (Entered: 08/09/2022)

NOTICE OF CROSS APPEAL by Bob Brown, Donald Seifert, Hailey Sinoff. Filing fee $ 505, receipt number AMTDC-2921748. Appeal Record due by 8/19/2022. (Attachments: # 1 Exhibit Attachment A - Statement of Representation) (Sommers-Flanagan, Rylee) (Entered: 08/19/2022)

1 Exhibit Attachment A - Statement of Representation

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USCA Case Number 22-35673 and Time Schedule Order for 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown. (HEG) (Entered: 08/24/2022)

ORDER of USCA as to 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown, 56 Notice of Appeal filed by Christi Jacobsen. This case shall be held in abeyance. The Clerk is directed to temporarily close this courts docket for administrative purposes until July 31, 2023. (HEG) (Entered: 11/09/2022)

MANDATE of USCA as to 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown, 56 Notice of Appeal filed by Christi Jacobsen. (HEG) (Entered: 05/16/2023)