Case: Turtle Mountain Band of Chippewa Indians v. Jaeger

Turtle Mountain Band of Chippewa Indians v. Howe

Turtle Mountain Band of Chippewa Indians v. Howe

Turtle Mountain Band of Chippewa Indians v. Howe

Turtle Mountain Band of Chippewa Indians v. Howe

Turtle Mountain Band of Chippewa Indians v. Howe

U.S. Court of Appeals for the Eighth Circuit

Turtle Mountain Band of Chippewa Indians v. Howe

U.S. Court of Appeals for the Eighth Circuit

Brennan Center for Justice

COMPLAINT against Alvin Jaeger (Filing fee $402, receipt number 322000147) filed by Wesley Davis, Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, Zachery S. King and Collette Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - November 1, 2021 Letter)(sj) Modified on 2/7/2022 to add filer, Collette Brown. NEF Regenerated. (sj). (Entered: 02/07/2022)

1 Civil Cover Sheet

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2 Exhibit 1 - November 1, 2021 Letter

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Summons Issued as to Alvin Jaeger. (sj) (Entered: 02/07/2022)

MOTION to Appear Pro Hac Vice Molly Danahy (Filing fee $150, receipt number ANDDC-2358138) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Danahy, Molly) Modified on 2/10/2022 to add receipt number (mf) (Entered: 02/09/2022)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 3 Motion to Appear Pro Hac Vice for Attorney Molly E. Danahy. (mf) (Entered: 02/10/2022)

ACKNOWLEDGMENT OF SERVICE Executed by Matthew A. Sagsveen filed by Wesley Davis, Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, Zachery S. King, Collette Brown. Alvin Jaeger served on 2/14/2022, answer due 3/7/2022. (Carter, Michael) (Entered: 02/15/2022)

NOTICE of Appearance by Matthew A. Sagsveen on behalf of Alvin Jaeger (Sagsveen, Matthew) (Entered: 02/15/2022)

NOTICE of Appearance by David R. Phillips on behalf of Alvin Jaeger (Phillips, David) (Entered: 02/15/2022)

STIPULATION re 1 Complaint, for Extension of Deadline to Answer by Alvin Jaeger. (Phillips, David) (Entered: 02/18/2022)

Set/Reset Deadlines

(Text Only) ORDER by Magistrate Judge Alice R. Senechal Adopting 8 Stipulation. Defendant's answer to 1 Complaint due by 4/15/2022. (KT) (Entered: 02/22/2022)

Set/Reset Deadlines: Alvin Jaeger answer due 4/15/2022. (pb)

*RESTRICTED - FEE NOT PAID* MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing Fee: Waived) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/12/2022 to restrict access (lf). (Entered: 03/14/2022)

*RESTRICTED - FILED IN ERROR* (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 10 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj) Modified on 4/12/2022 to restrict access (lf). (Entered: 03/23/2022)

NOTICE of Hearing: Status Conference set for 4/13/2022 at 03:30 PM in Fargo Courtroom 1 and by video before Chief Judge Peter D. Welte. Parties will appear via video. Video instructions provided to counsel via email. (EA) (Entered: 04/08/2022)

DOCKET CORRECTION re: 10 Motion to Appear Pro Hac Vice and 11 Order. Motion was inadvertently filed without payment of the filing fee. The motion and order have been restricted and attorney Sells will refile the motion. (lf)

Docket Correction

*RESTRICTED - FILER WILL RE-FILE AND PAY FILING FEE VIA PAY.GOV* MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/13/2022 to restrict access (lf). (Entered: 04/12/2022)

MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing fee $150, receipt number: CNDDC-2403027) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/13/2022 to add receipt number. (sj). (Entered: 04/13/2022)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 14 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj) (Entered: 04/13/2022)

Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 4/13/2022. (Court Reporter kk) (lh) (Entered: 04/13/2022)

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Alvin Jaeger. (Phillips, David) (Entered: 04/15/2022)

MEMORANDUM in Support re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Alvin Jaeger. (Phillips, David) (Entered: 04/15/2022)

AFFIDAVIT re 18 MEMORANDUM in Support by Alvin Jaeger. (Attachments: # 1 Exhibit 1 - House Bill 1504, signed by Governor Burgum on November 11, 2021, # 2 Exhibit 2 - Order in Arkansas State Conference NAACP, et. al. v. The Arkansas Board of Apportionment, et. al., Case 4:21-cv-01239)(sj) (Entered: 04/15/2022)

1 Exhibit 1 - House Bill 1504, signed by Governor Burgum on November 11, 2021

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2 Exhibit 2 - Order in Arkansas State Conference NAACP, et. al. v. The Arkansas Bo

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NOTICE of Appearance by Timothy Q. Purdon on behalf of Turtle Mountain Band of Chippewa Indians (Purdon, Timothy) (Entered: 04/21/2022)

NOTICE of Appearance by Samantha Blencke Kelty on behalf of All Plaintiffs (Kelty, Samantha) (Entered: 04/27/2022)

STIPULATION re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Carter, Michael) (Entered: 05/06/2022)

(Text Only) ORDER adopting the 22 Stipulation for an Extension of Time re: 17 MOTION to Dismiss. Plaintiff's response is due by 5/13/2022. (AS) (Entered: 05/09/2022)

RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Carter, Michael) (Entered: 05/13/2022)

BRIEF re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Statement of Interest of the United States) by United States of America. (Williamson, Victor) (Entered: 05/20/2022)

REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Alvin Jaeger. (Phillips, David) (Entered: 05/27/2022)

ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 7/1/2022 at 09:00 AM before Magistrate Judge Alice R. Senechal. (AS) (Entered: 06/01/2022)

Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 7/1/2022. (DR #220701-000 (Chambers Recorder)) (td) (Entered: 07/01/2022)

SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 12/1/2022. Discovery Motions due by 12/8/2022. Plaintiff(s) Expert Witness Disclosures and Reports due by 11/15/2022. Defendant(s) Expert Witness Disclosures and Reports due by 12/15/2022. Any Rebuttal Expert Disclosures due by 1/16/2023. Discovery Depositions of Expert Witnesses due by 2/1/2023. Join Additional Parties due by 8/1/2022. Amended Pleadings due by 8/1/2022. Nondispositive Motions due by 9/1/2022. Dispositive Motions due by 2/1/2023. Mid-Discovery Status Conference set for 9/15/2022 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call in conjunction with the plaintiffs in Walen v. Burgum, No. 1:22-cv-31. The telephone number for chambers is 701-297-7070. (AS) Modified on 7/1/2022 to correct typographical errors per Chambers. NEF Regenerated. (sj). (Entered: 07/01/2022)

Set/Reset Deadlines: Discovery Depositions of Expert Witnesses due by 2/1/2023; Set/Reset Hearings: Mid-Discovery Status Conference set for 9/15/2022 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. (cjs)

Set/Reset Deadlines

ORDER by Chief Judge Peter D. Welte denying 17 Motion to Dismiss for Lack of Jurisdiction; denying 17 Motion to Dismiss for Failure to State a Claim (JS)

ANSWER to 1 Complaint, by Alvin Jaeger.(Phillips, David) (Entered: 07/21/2022)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the 9/15/2022 status conference, the Scheduling Order is amended as follows: Plaintiff(s) Expert Witness Disclosures and Reports due by 11/30/2022. Defendant(s) Expert Witness Disclosures and Reports due by 1/17/2023. Any Rebuttal Expert Disclosures due by 2/16/2023. Discovery Depositions of Expert Witnesses due by 3/16/2023. (AS) (Entered: 09/15/2022)

Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Mid-Discovery Status Conference held on 9/15/2022. (DR #220915-002 Walen Turtle Mtn) (td) (Entered: 09/15/2022)

Order for Final Pretrial Conference and Trial Preparation Deadlines by Magistrate Judge Alice R. Senechal. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to ndd_J-Senechal@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. Final Pretrial Conference set for 5/30/2023 at 02:00 PM in Chambers before Magistrate Judge Alice R. Senechal. (AS) (Entered: 09/30/2022)

NOTICE of Hearing: Bench Trial set for 6/12/2023 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial Est. 5 Days). (AS) (Entered: 09/30/2022)

NOTICE of Appearance by Nicole Hansen on behalf of Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians (Hansen, Nicole) (Entered: 11/10/2022)

MOTION to Quash by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 11/17/2022)

MEMORANDUM in Support re 37 MOTION to Quash filed by William R. Devlin, North Dakota Legislative Assembly. (Attachments: # 1 Exhibit A - Subpoena to Testify at a Deposition in a Civil Action, # 2 Exhibit B - Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action)(Porsborg, Scott) (Entered: 11/17/2022)

MOTION for Extension of Time to Complete Discovery (Unopposed) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 11/28/2022)

Set/Reset Scheduling Order Deadlines

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 39 Motion for Extension of Time to Complete Discovery. The deadline to file discovery motions related to third-party subpoenas is extended to 12/22/2022. The deadline for plaintiffs to respond to defendant's discovery requests is extended to 12/15/2022. The discovery deadline as to the deposition of Representative Bill Devlin is stayed pending a ruling on the pending motion to quash. The fact discovery deadline is extended until 12/22/2022. (AS) (Entered: 11/29/2022)

Set/Reset Scheduling Order Deadlines: Discovery due by 12/22/2022. See Order at 40 . (sj)

RESPONSE to Motion re 37 MOTION to Quash filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 12/01/2022)

MOTION for Leave to File Supplemental Complaint (Unopposed) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Supplemental Complaint, # 2 Proposed Order)(Gaber, Mark) Modified to clarify attachment description on 12/7/2022 (sc). (Entered: 12/06/2022)

1 Proposed Supplemental Complaint

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2 Proposed Order

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DOCKET CORRECTION re: 42 MOTION for Leave to File Supplemental Complaint (Unopposed). Clerk's office added more complete description to attachment. (sc)

Docket Correction

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 42 Unopposed Motion for Leave to File. Counsel is directed to file the supplemental complaint. (KT) (Entered: 12/07/2022)

AMENDED COMPLAINT (Supplemental Complaint) against Alvin Jaeger filed by Zachery S. King, Collette Brown, Wesley Davis, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians.(Gaber, Mark) (Entered: 12/07/2022)

REPLY to Response to Motion re 37 MOTION to Quash filed by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 12/08/2022)

NOTICE of Appearance by Bradley Neuman Wiederholt on behalf of Alvin Jaeger (Wiederholt, Bradley) (Entered: 12/12/2022)

MOTION Enforce Third-Party Subpoenas by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Defendants' Rule 26(a)(1) Disclosures, # 2 Exhibit 2: Initial Objections, # 3 Exhibit 3: Nov. 9 Email from S. Porsborg, # 4 Exhibit 4: Supplemental Objections, # 5 Exhibit 5: May 5, 2022 PI Hr'g Tr. Excerpt, # 6 Exhibit 6: Henderson Deposition Transcript, # 7 Exhibit 7: Walen Deposition Transcript, # 8 Exhibit 8: Subpoena Compilation, # 9 Proposed Order)(Gaber, Mark) (Attachment 6 and 7 replaced on 12/23/2022) (sc). Modified to replace attachments 6 and 7 to enlarge headers on 12/23/2022. NEF regenerated (sc). (Entered: 12/22/2022)

ORDER by Magistrate Judge Alice R. Senechal denying 37 Motion to Quash. (AS) (Entered: 12/22/2022)

APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, North Dakota Legislative Assembly re 48 Order on Motion to Quash (Porsborg, Scott) (Entered: 01/05/2023)

RESPONSE to Motion re 47 MOTION Enforce Third-Party Subpoenas filed by William R. Devlin, North Dakota Legislative Assembly. (Attachments: # 1 Exhibit 1 - Supplemental Privilege Log)(Porsborg, Scott) Modified on 1/6/2023 to add exhibit number. (jb) (Entered: 01/05/2023)

Docket Correction

DOCKET CORRECTION re: 50 Response. Clerk's office added exhibit number to attachment. (jb)

ANSWER to 44 Amended Complaint by Alvin Jaeger.(Phillips, David) (Entered: 01/06/2023)

AFFIDAVIT of Emily Thompson re 50 Response to Motion, by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 01/11/2023)

REPLY to Response to Motion re 47 MOTION Enforce Third-Party Subpoenas filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1 (Jan. 11, 2023 Email to S. Porsborg))(Gaber, Mark) (Entered: 01/12/2023)

MOTION for Extension of Time to File Response/Reply as to 49 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, North Dakota Legislative Assembly re 48 Order on Motion to Quash (Consented Motion) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 01/17/2023)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 54 Motion for Extension of Time to File Response re: 49 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge. Response due by 1/19/2023. (AS) (Entered: 01/18/2023)

RESPONSE to Motion re 49 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, North Dakota Legislative Assembly re 48 Order on Motion to Quash filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 01/19/2023)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal. In accordance with Federal Rule of Civil Procedure 25(d), the Clerk's office is directed to substitute Secretary of State Michael Howe for Alvin Jaeger as defendant. (KT) (Entered: 01/24/2023)

MOTION for Summary Judgment by Michael Howe. (Phillips, David) (Entered: 02/01/2023)

MEMORANDUM in Support re 58 MOTION for Summary Judgment filed by Michael Howe. (Phillips, David) (Entered: 02/01/2023)

AFFIDAVIT of David R. Phillips re 59 MEMORANDUM in Support by Michael Howe. (Attachments: # 1 Exhibit 1 - House Bill 1397, # 2 Exhibit 2 - Meeting Minutes of July 29, 2021 Redistricting Committee Meeting, # 3 Exhibit 3- meetings minutes of the August 17, 2021 Tribal and State Relations Committee meeting, # 4 Exhibit 4-written testimony of Nicole Donaghy, Executive Director of the North Dakota Native Vote, provided at the August 17, 2021 Tribal and State Relations Committee meeting, # 5 Exhibit 5-meetings minutes of the August 26, 2021 Redistricting Committee meeting, # 6 Exhibit 6-presentation provided by Ben Williams from the National Conference of State Legislatures., # 7 Exhibit 7-Legislative Redistricting Background Memorandum presented by Emily Thompson from the North Dakota Legislative Council at the August 26, 2021 Redistricting Committee meeting, # 8 Exhibit 8-visual illustration of constitutional and statutory mapping requirements presented by Emily Thompson, # 9 Exhibit 9-written testimony of Collette Brown, Gaming Commission Executive Director at the Spirit Lake Casino and Resort, provided at the August 26, 2021 Redistricting Committee meeting, # 10 Exhibit 10-written testimony of Karen Ehrens, Secretary of the League of Women Voters of North Dakota, provided at the August 26, 2021 Redistricting Committee meeting, # 11 Exhibit 11-written testimony of Matt Perdue, on behalf of North Dakota Farmers Union, provided at the August 26, 2021 Redistricting Committee meeting, # 12 Exhibit 12-written testimony of Rick Gion, Director of North Dakota Voters First, provided at the August 26, 2021 Redistricting Committee Meeting, # 13 Exhibit 13-meeting minutes of the August 31, 2021 Tribal and State Relations Committee meeting, # 14 Exhibit 14-meeting minutes of the September 1, 2021 Tribal and State Relations Committee meeting, # 15 Exhibit 15-meeting minutes of the September 8, 2023 Redistricting Committee meeting, # 16 Exhibit 16-meeting minutes of the September 15-16, 2021 Redistricting Committee meeting, # 17 Exhibit 17-written testimony provided by Nichole Donaghy, Executive Director of North Dakota Native Vote, provided at the September 15-16, 2021 Redistricting Commission meeting, # 18 Exhibit 18-written testimony of Collette Brown, Gaming Commission Executive Director at the Spirit Lake Casino and Resort, provided at the September 15-16, 2021 Redistricting Commission meeting, # 19 Exhibit 19-written testimony of Mike Faith, Chairman for the Standing Rock Sioux Tribe, provided at the September 15-16, 2021 Redistricting Committee meeting, # 20 Exhibit 20-written testimony of Charles Walker, Councilman for the Standing Rock Sioux Tribe, provided at the September 15-16, 2021 Redistricting Committee, # 21 Exhibit 21-meeting minutes of the September 22-23,2021 Redistricting Committee meeting, # 22 Exhibit 22-presentation on legal considerations for subdistricting provided by attorney Claire Ness from the North Dakota Legislative Council, # 23 Exhibit 23-written testimony of Mark Fox, Chairman of the Tribal Business Council of the Mandan, Hidatsa and Arikara Nation, provided at the September 22-23, 2021 Redistricting Committee meeting, # 24 Exhibit 24-meeting minutes of the September 28-29, 2021 Redistricting Committee meeting, # 25 Exhibit 25-written testimony of Mike Faith provided at the September 28-29, 2021 Redistricting Committee Meeting, # 26 Exhibit 26-written testimony of Mark Fox provided at the September 28-29, 2021 Redistricting Committee meeting, # 27 Exhibit 27-written testimony of Douglas Yankton provided at the September 28-29, 2021 Redistricting Committee meeting, # 28 Exhibit 28-written testimony of Lisa DeVille provided at the September 28-29, 2021 Redistricting Committee meeting, # 29 Exhibit 29-email correspondence from Claire Ness to the Redistricting Committee members providing summaries of various court cases relating to Section 2 of the Voting Rights Act, # 30 Exhibit 30-Redistricting Committee final report regarding redistricting submitted to the legislative management, # 31 Exhibit 31-Governor Doug Burgums Executive Order 2021-17, # 32 Exhibit 32-meeting minutes of the November 8, 2021 Joint Redistricting Committee meeting, # 33 Exhibit 33-select maps of the final statewide redistricting recommended by the Redistricting Committee, # 34 Exhibit 34-Expert Report of Dr. Loren Collingwood, # 35 Exhibit 35-Expert Report of Dr. Trey Hood, # 36 Exhibit 36-North Dakota Legislative Council memorandum regarding reservation populations, # 37 Exhibit 37-North Dakota Legislative Council memorandum regarding the 2020 Census population change)(Phillips, David) (Entered: 02/01/2023)

1 Exhibit 1 - House Bill 1397

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2 Exhibit 2 - Meeting Minutes of July 29, 2021 Redistricting Committee Meeting

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3 Exhibit 3- meetings minutes of the August 17, 2021 Tribal and State Relations Co

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4 Exhibit 4-written testimony of Nicole Donaghy, Executive Director of the North D

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5 Exhibit 5-meetings minutes of the August 26, 2021 Redistricting Committee meetin

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6 Exhibit 6-presentation provided by Ben Williams from the National Conference of

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7 Exhibit 7-Legislative Redistricting Background Memorandum presented by Emily Th

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8 Exhibit 8-visual illustration of constitutional and statutory mapping requiremen

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9 Exhibit 9-written testimony of Collette Brown, Gaming Commission Executive Direc

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10 Exhibit 10-written testimony of Karen Ehrens, Secretary of the League of Women V

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11 Exhibit 11-written testimony of Matt Perdue, on behalf of North Dakota Farmers U

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12 Exhibit 12-written testimony of Rick Gion, Director of North Dakota Voters First

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13 Exhibit 13-meeting minutes of the August 31, 2021 Tribal and State Relations Com

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14 Exhibit 14-meeting minutes of the September 1, 2021 Tribal and State Relations C

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15 Exhibit 15-meeting minutes of the September 8, 2023 Redistricting Committee meet

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16 Exhibit 16-meeting minutes of the September 15-16, 2021 Redistricting Committee

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17 Exhibit 17-written testimony provided by Nichole Donaghy, Executive Director of

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18 Exhibit 18-written testimony of Collette Brown, Gaming Commission Executive Dire

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19 Exhibit 19-written testimony of Mike Faith, Chairman for the Standing Rock Sioux

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20 Exhibit 20-written testimony of Charles Walker, Councilman for the Standing Rock

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21 Exhibit 21-meeting minutes of the September 22-23,2021 Redistricting Committee m

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22 Exhibit 22-presentation on legal considerations for subdistricting provided by a

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23 Exhibit 23-written testimony of Mark Fox, Chairman of the Tribal Business Counci

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24 Exhibit 24-meeting minutes of the September 28-29, 2021 Redistricting Committee

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25 Exhibit 25-written testimony of Mike Faith provided at the September 28-29, 2021

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26 Exhibit 26-written testimony of Mark Fox provided at the September 28-29, 2021 R

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27 Exhibit 27-written testimony of Douglas Yankton provided at the September 28-29,

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28 Exhibit 28-written testimony of Lisa DeVille provided at the September 28-29, 2

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29 Exhibit 29-email correspondence from Claire Ness to the Redistricting Committee

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30 Exhibit 30-Redistricting Committee final report regarding redistricting submitte

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31 Exhibit 31-Governor Doug Burgums Executive Order 2021-17

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32 Exhibit 32-meeting minutes of the November 8, 2021 Joint Redistricting Committee

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33 Exhibit 33-select maps of the final statewide redistricting recommended by the R

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34 Exhibit 34-Expert Report of Dr. Loren Collingwood

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35 Exhibit 35-Expert Report of Dr. Trey Hood

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36 Exhibit 36-North Dakota Legislative Council memorandum regarding reservation pop

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37 Exhibit 37-North Dakota Legislative Council memorandum regarding the 2020 Census

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MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Summary Judgment (Consented Motion) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 02/07/2023)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 61 Unopposed Motion for Extension of Time to File Response/Reply as to 58 MOTION for Summary Judgment. Plaintiffs' Response due by 3/1/2023. Defendants' Reply due by 3/15/2023. (KT) (Entered: 02/08/2023)

ORDER by Magistrate Judge Alice R. Senechal granting 47 Motion to Enforce Third-Party Subpoenas. (KT) (Entered: 02/10/2023)

APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner, Claire Ness re 63 Order on Motion for Miscellaneous Relief (Porsborg, Scott) Modified on 2/24/2023 to add filer (Claire Ness). Regenerated NEF. (jb) (Entered: 02/24/2023)

RESPONSE to Motion re 58 MOTION for Summary Judgment filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Gaber Declaration, # 2 Exhibit 1: Collingwood Initial Report, # 3 Exhibit 2: Collingwood Rebuttal Report, # 4 Exhibit 3: Hood Deposition Transcript, # 5 Exhibit 4: Azure Declaration, # 6 Exhibit 5: Yankton Declaration, # 7 Exhibit 6: Brown Declaration, # 8 Exhibit 7: Davis Declaration, # 9 Exhibit 8: King Declaration, # 10 Exhibit 9: ND Legislative Council Population Changes Summary, # 11 Exhibit 10: N.D. Sec'y of State Election Results District 9, # 12 Exhibit 11: N.D. Sec'y of State Election Results District 9A, # 13 Exhibit 12: N.D. Sec'y of State Election Results District 9B, # 14 Exhibit 13: N.D. Sec'y of State Election Results District 15, # 15 Exhibit 14: Hood Walen Report, # 16 Exhibit 15: Hood Notes, # 17 Exhibit 16 County Precinct Maps, # 18 Exhibit 17: N.D. Legislative Council District 4A Data, # 19 Exhibit 18: Texas Legislative Council Plan 1374C, # 20 Exhibit 19: Nov. 9 2021 Committee Meeting, # 21 Exhibit 20: W. McCool Report)(Gaber, Mark) (Attachment 16 replaced on 3/2/2023 to shrink document to remove overlapping headers) NEF Regenerated (mf) (Entered: 03/01/2023)

1 Gaber Declaration

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2 Exhibit 1: Collingwood Initial Report

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3 Exhibit 2: Collingwood Rebuttal Report

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4 Exhibit 3: Hood Deposition Transcript

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5 Exhibit 4: Azure Declaration

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6 Exhibit 5: Yankton Declaration

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7 Exhibit 6: Brown Declaration

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8 Exhibit 7: Davis Declaration

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9 Exhibit 8: King Declaration

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10 Exhibit 9: ND Legislative Council Population Changes Summary

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11 Exhibit 10: N.D. Sec'y of State Election Results District 9

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12 Exhibit 11: N.D. Sec'y of State Election Results District 9A

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13 Exhibit 12: N.D. Sec'y of State Election Results District 9B

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14 Exhibit 13: N.D. Sec'y of State Election Results District 15

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15 Exhibit 14: Hood Walen Report

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16 Exhibit 15: Hood Notes

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17 Exhibit 16 County Precinct Maps

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18 Exhibit 17: N.D. Legislative Council District 4A Data

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19 Exhibit 18: Texas Legislative Council Plan 1374C

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20 Exhibit 19: Nov. 9 2021 Committee Meeting

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21 Exhibit 20: W. McCool Report

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RESPONSE to Motion re 64 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner re 63 Order on Motion for Miscellaneous Relief filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 03/03/2023)

MOTION to Expedite Discovery Appeals by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 03/03/2023)

REPLY to Response to Motion re 64 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner re 63 Order on Motion for Miscellaneous Relief filed by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. (Porsborg, Scott) (Entered: 03/10/2023)

RESPONSE to Motion re 67 MOTION to Expedite Discovery Appeals filed by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. (Porsborg, Scott) (Entered: 03/10/2023)

AFFIDAVIT of Scott K. Porsborg re 69 Response to Motion, by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. (Attachments: # 1 Exhibit 1 - Ms. Danahy's Email to Counsel, dated 3.2.23)(Porsborg, Scott) Modified on 3/13/2023 to add exhibit number. (jb) (Entered: 03/10/2023)

Docket Correction

DOCKET CORRECTION re: 70 Affidavit of Scott Porsborg. Clerk's office added exhibit number to attachment. (jb)

ORDER by Chief Judge Peter D. Welte denying 49 Appeal of Magistrate Judge Decision to District Judge. (EA) (Entered: 03/14/2023)

ORDER by Chief Judge Peter D. Welte denying 64 Appeal of Magistrate Judge Decision to District Judge and finding as moot 67 Motion to Expedite. (EA) (Entered: 03/14/2023)

REPLY to Response to Motion re 58 MOTION for Summary Judgment filed by Michael Howe. (Phillips, David) (Entered: 03/15/2023)

AFFIDAVIT of David R. Phillips re 73 Reply to Response to Motion by Michael Howe. (Attachments: # 1 Exhibit 38 -deposition transcript of Dr. Loren Collingwood taken on March 6, 2023, # 2 Exhibit 39-transcript of the September 15, 2021 North Dakota Legislative Assembly Redistricting Committee Meeting, # 3 Exhibit 40-Expert Report of Dr. Loren Collingwood dated January 17, 2023 issued for the case entitled Charles Walen, et. al. v. Doug Burgum, et al., Case No. 1:22-cv-00031)(Phillips, David) (Entered: 03/15/2023)

MOTION Set Deadline for Compliance with Third Party Subpoenas by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 03/22/2023)

(Text Only) ORDER by Magistrate Judge Alice R. Senechal re: 75 MOTION to Set Deadline for Compliance with Third Party Subpoenas. Any response to the motion is due by close of business on 3/27/2023. (AS) (Entered: 03/23/2023)

AFFIDAVIT of Emily Thompson (Second) re 50 Response to Motion by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. (Porsborg, Scott) Modified on 3/28/2023 to add link. (jb) (Entered: 03/27/2023)

RESPONSE to Motion re 75 MOTION Set Deadline for Compliance with Third Party Subpoenas filed by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. (Porsborg, Scott) (Entered: 03/27/2023)

NOTICE OF INTERLOCUTORY APPEAL as to 71 Order on Appeal of Magistrate Judge Decision to District Judge, 72 Order on Appeal of Magistrate Judge Decision to District Judge, Order on Motion to Expedite by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. Filing fee $ 505. (pb) (Entered: 03/28/2023)

MOTION to Stay, MOTION to Expedite by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. See document 78 . (jb) (Entered: 03/28/2023)

MEMORANDUM in Support re 82 MOTION to StayMOTION to Expedite filed by William R. Devlin, Ray Holmberg, Terry Jones, Michael Nathe, Claire Ness, North Dakota Legislative Assembly, Nicole Poolman, Richard Wardner. See document 78 . (jb) (Entered: 03/28/2023)

DOCKET CORRECTION re: 79 NOTICE OF APPEAL. Wrong event selected. Clerk's Office restricted access and refiled as NOTICE OF INTERLOCUTORY APPEAL at 80 . (pb)

Docket Correction

Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re 80 Notice of Interlocutory Appeal, (pb) (Entered: 03/28/2023)

DOCKET CORRECTION re: 77 Affidavit of Emily Thompson (Second). Clerk's office added link; re: 78 Response to Motion. Multiple relief document filed as one relief. Clerk's office filed Motion to Stay and Motion to Expedite at 82 and filed Memorandum in Support at 83 . (jb)

REPLY to Response to Motion re 75 MOTION Set Deadline for Compliance with Third Party Subpoenas filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) Modified on 3/29/2023 to remove link (cjs). (Entered: 03/28/2023)