Case: Turtle Mountain Band of Chippewa Indians v. Jaeger

3:22-cv-00022 | U.S. District Court for the District of North Dakota

Filed Date: Feb. 7, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the vote dilution of two Native American tribes through the packing and cracking of districts in North Dakota. On February 7, 2022, the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, along with individual Native American voters, filed this lawsuit in the U.S. District Court for the District of North Dakota. Represented by the Native American Rights Fund, the Campaign Legal Center, and private counsel, the plaintiffs sued North Dakota's Secretary of Stat…

This is a case about the vote dilution of two Native American tribes through the packing and cracking of districts in North Dakota. On February 7, 2022, the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, along with individual Native American voters, filed this lawsuit in the U.S. District Court for the District of North Dakota. Represented by the Native American Rights Fund, the Campaign Legal Center, and private counsel, the plaintiffs sued North Dakota's Secretary of State under 52 U.S.C. § 10301 and 42 U.S.C. § 1983, alleging that North Dakota's legislative redistricting violated Section 2 of the Voting Rights Act (VRA) by impermissibly reducing the number of state house seats in which Native American voters had a meaningful opportunity to elect candidates of their choice. The plaintiffs sought a declaration that the redistricting plan violated Section 2, injunctive relief barring the defendants from administering elections under the redistricting plan and ordering them to enact a new redistricting plan, and attorneys' fees. The case was assigned to Chief Judge Peter D. Welte.

In their complaint, the plaintiffs explained that under the new plan, House Bill No. 1504, the Turtle Mountain Band of Chippewa Indians were "packed" into District 9 (divided into subdistricts 9A and 9B) and the Spirit Lake Tribe was "cracked" into District 15. The Turtle Mountain Indian Reservation was located entirely within subdistrict 9A, but subdistrict 9B and District 15 lacked Native American majorities, thereby diluting the voting power of both Tribes. The plaintiffs argued that the defendants could and were required under the Voting Rights Act to draw a district in which the Turtle Mountain and Spirit Lake Reservations comprised an effective, geographically compact majority in a single legislative district.

The plaintiffs asserted that they satisfied the three necessary preconditions for a Section 2 vote dilution claim: (1) the Tribes were sufficiently large and geographically compact to constitute a majority in a single-member district, (2) the Tribes were politically cohesive, and (3) the majority of tribal members voted sufficiently as a bloc to enable them to usually defeat the minority's preferred candidate. The plaintiffs also submitted evidence of past and current discrimination against Native Americans in North Dakota. 

On April 15, 2022, the defendant moved to dismiss the action, arguing that: (1) the plaintiffs lacked standing because the Voting Rights Act does not contain a private right of action for violations of Section 2; (2) the plaintiff Tribes were not citizens of the United States and therefore were not protected under Section 2; and (3) the plaintiff Tribes lacked standing because they failed to allege that they suffered any injury-in-fact and instead only made claims on behalf of some of their members, without asserting a quasi-sovereign interest. 

On July 7, 2022, the court denied the defendant's motion to dismiss. The court concluded that the plaintiff Tribes had standing through the individual plaintiffs. While acknowledging that standing was already established, the court noted that the Tribes also had standing because they asserted they were forced to divert resources in response to the redistricting plan and—consistent with the court's earlier decision in Spirit Lake Tribe v. Jaeger—Indian Tribes have standing to protect the voting rights of their members. As to the defendant's argument that Section 2 provides no private right of action, the court found that 42 U.S.C. § 1983 provides a private remedy for violations of Section 2 of the VRA. The court therefore declined to decide whether Section 2, on its own, implies a private right of action. 2022 WL 2528256.

On December 7, 2022, the plaintiffs filed a supplemental complaint in response to the November 2022 general election, which was administered under the challenged redistricting plan. The plaintiffs asserted that election results demonstrated that the redistricting plan diluted Native American votes, noting that candidates of choice of Native American voters lost all elections for state senate and state house seats, except in the packed subdistrict 9A. The plaintiffs asked the court to order a special election for a newly configured state legislative district in November 2024.

As of December 31, 2022, this case was ongoing with a bench trial set for June 12, 2023.  

Summary Authors

Rhea Sharma (11/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63153862/parties/turtle-mountain-band-of-chippewa-indians-v-jaeger/


Judge(s)
Attorney for Plaintiff

Campbell, Matthew Lee (North Dakota)

Carter, Michael Stephen (North Dakota)

Danahy, Molly (North Dakota)

Gaber, Mark (North Dakota)

Hansen, Nicole (North Dakota)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:22-cv-00022

Complaint for Declaratory and Injunctive Relief

Feb. 7, 2022

Feb. 7, 2022

Complaint
30

3:22-cv-00022

Order Denying Motion to Dismiss

July 7, 2022

July 7, 2022

Order/Opinion

2022 WL 2022

44

3:22-cv-00022

Supplemental Complaint

Dec. 7, 2022

Dec. 7, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63153862/turtle-mountain-band-of-chippewa-indians-v-jaeger/

Last updated March 9, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

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)

Feb. 7, 2022

Feb. 7, 2022

Clearinghouse
2

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

Feb. 7, 2022

Feb. 7, 2022

PACER
3

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)

Feb. 9, 2022

Feb. 9, 2022

PACER
4

(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)

Feb. 10, 2022

Feb. 10, 2022

PACER
5

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)

Feb. 15, 2022

Feb. 15, 2022

PACER
6

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

Feb. 15, 2022

Feb. 15, 2022

PACER
7

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

Feb. 15, 2022

Feb. 15, 2022

PACER
8

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

Feb. 18, 2022

Feb. 18, 2022

PACER
9

(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)

Feb. 22, 2022

Feb. 22, 2022

PACER

Set/Reset Deadlines

Feb. 22, 2022

Feb. 22, 2022

PACER

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

Feb. 22, 2022

Feb. 22, 2022

PACER
10

*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)

March 14, 2022

March 14, 2022

PACER
11

*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)

March 23, 2022

March 23, 2022

PACER
12

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)

April 8, 2022

April 8, 2022

PACER

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)

April 12, 2022

April 12, 2022

PACER
13

*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)

April 12, 2022

April 12, 2022

PACER
14

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)

April 13, 2022

April 13, 2022

PACER
15

(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)

April 13, 2022

April 13, 2022

PACER
16

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)

April 13, 2022

April 13, 2022

PACER
17

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)

April 15, 2022

April 15, 2022

PACER
18

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)

April 15, 2022

April 15, 2022

RECAP
19

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)

April 15, 2022

April 15, 2022

PACER
20

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

April 21, 2022

April 21, 2022

PACER
21

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

April 27, 2022

April 27, 2022

PACER
22

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)

May 6, 2022

May 6, 2022

PACER
23

(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)

May 9, 2022

May 9, 2022

PACER
24

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)

May 13, 2022

May 13, 2022

PACER
25

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)

May 20, 2022

May 20, 2022

PACER
26

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)

May 27, 2022

May 27, 2022

PACER
27

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)

June 1, 2022

June 1, 2022

PACER
28

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)

July 1, 2022

July 1, 2022

PACER
29

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)

July 1, 2022

July 1, 2022

PACER

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)

July 5, 2022

July 5, 2022

PACER
30

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) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

Clearinghouse
31

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

July 21, 2022

July 21, 2022

PACER
32

(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)

Sept. 15, 2022

Sept. 15, 2022

PACER
33

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)

Sept. 15, 2022

Sept. 15, 2022

PACER
34

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)

Sept. 30, 2022

Sept. 30, 2022

PACER
35

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)

Sept. 30, 2022

Sept. 30, 2022

PACER
36

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)

Nov. 10, 2022

Nov. 10, 2022

PACER
37

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

Nov. 17, 2022

Nov. 17, 2022

PACER
38

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)

Nov. 17, 2022

Nov. 17, 2022

PACER
39

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)

Nov. 28, 2022

Nov. 28, 2022

PACER
40

(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)

Nov. 29, 2022

Nov. 29, 2022

PACER

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

Nov. 29, 2022

Nov. 29, 2022

PACER
41

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)

Dec. 1, 2022

Dec. 1, 2022

PACER
42

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)

Dec. 6, 2022

Dec. 6, 2022

PACER

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

Dec. 7, 2022

Dec. 7, 2022

PACER
43

(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)

Dec. 7, 2022

Dec. 7, 2022

PACER
44

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)

Dec. 7, 2022

Dec. 7, 2022

Clearinghouse
45

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)

Dec. 8, 2022

Dec. 8, 2022

PACER
46

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

Dec. 12, 2022

Dec. 12, 2022

PACER
47

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)

Dec. 22, 2022

Dec. 22, 2022

PACER
48

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

Dec. 22, 2022

Dec. 22, 2022

PACER
89

ORDER by Chief Judge Peter D. Welte denying 58 Motion for Summary Judgment. (EA)

April 10, 2023

April 10, 2023

RECAP
90

ORDER by Chief Judge Peter D. Welte granting 75 Motion to Set Deadlines for Compliance with Third Party Subpoenas and denying 82 Motion to Stay. (EA) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

RECAP
91

NOTICE of USCA Order staying 90 Order pending disposition of the Petition for Writ of Mandamus (USCA8: 23-1600). (sc) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

PACER
92

MANDATE of USCA as to 80 Notice of Interlocutory Appeal, filed by Nicole Poolman, Richard Wardner, Michael Nathe, Terry Jones, North Dakota Legislative Assembly, Ray Holmberg, William R. Devlin, Claire Ness (sj) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
93

MOTION in Limine by Michael Howe. (Phillips, David) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
94

MEMORANDUM in Support re 93 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
95

AFFIDAVIT of David R. Phillips re 94 MEMORANDUM in Support by Michael Howe. (Attachments: # 1 Exhibit 1 - Deposition transcript of Weston McCool taken on February 16, 2023, # 2 Exhibit 2 - Plaintiffs' Rule 26(a) Initial Disclosures, # 3 Exhibit 3 - Plaintiffs' Second Set of Supplemental Disclosures)(Phillips, David) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
96

MOTION in Limine by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
97

MEMORANDUM in Support re 96 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Defendant's Supplemental Disclosures, # 2 Exhibit 2: Defendant's Initial Disclosures, # 3 Exhibit 3: Defendant's Expert Disclosures)(Gaber, Mark) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
98

RESPONSE to Motion re 93 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Declaration of Mark P. Gaber, # 2 Exhibit 1: Order, Perez v. Texas, # 3 Exhibit 2: Declaration of David G. Bradlee, # 4 Exhibit 3: Declaration of Dr. Loren Collingwood, # 5 Exhibit 4: Memorandum from Bernard Grofman, Ph.D. and Sean Trende to Virginia Supreme Court, # 6 Exhibit 5: Special Master Report of Bernard Grofman, Ph.D., Holloway v. City of Virginia Beach, # 7 Exhibit 6: N.D. Legislative Redistricting Committee Meeting Transcript (Aug. 26, 2021), # 8 Exhibit 7: Declaration of Washington Redistricting Committee Chair Sarah Augustine, Washington Supreme Court, # 9 Exhibit 8: Email from Clark Benson to Dr. Trey Hood III)(Gaber, Mark) (Attachment 2, 6, and 9 replaced on 5/23/2023 to remove double headers). Regenerated on 5/23/2023 (mf) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

PACER
99

RESPONSE to Motion re 96 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
100

AFFIDAVIT of David R. Phillips re 99 Response to Motion by Michael Howe. (Attachments: # 1 Exhibit A - Transcript of the Deposition of Daniel McCool, # 2 Exhibit B - Plaintiff Turtle Mountain Band of Chippewa Indians Answer to Defendant's Interrogatories and Requests for Production of Documents to Plaintiffs (Set No.1), # 3 Exhibit C - Plaintiff Spirit Lake Tribe-s Answer to Defendant's Interrogatories and Requests for Production of Documents to Plaintiffs (Set No. 1), # 4 Exhibit D - Referenced emails involving Campbell)(Phillips, David) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
101

REPLY to Response to Motion re 96 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Sept. 15, 2021 Redistricting Committee Transcript, # 2 Exhibit 2: 2021 Enacted ND State House Map, # 3 Exhibit 3: Joint Legislative Redistricting Committee Meeting Minutes (Nov. 8, 2021), # 4 Exhibit 4: Nov. 8, 2021 Redistricting Committee Meeting Transcript, # 5 Exhibit 5: Plaintiffs' Privilege Log, # 6 Exhibit 6: Plaintiffs' Witness List)(Gaber, Mark) (Attachment 1 and 5 replaced on 5/31/2023 to remove overlapping headers) NEF Regenerated on 5/31/2023 (mf) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
102

REPLY to Response to Motion re 93 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
103

FINAL PRETRIAL ORDER by Magistrate Judge Alice R. Senechal. (Attachments: # 1 Plaintiffs' Witness List, # 2 Plaintiffs' Exhibit List, # 3 Defendant's Witness List, # 4 Defendant's Exhibit List). (AS) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
104

Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Final Pretrial Conference held on 5/30/2023. (DR #230530-000.Turtle Mountain) (td) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
105

TRIAL BRIEF by Michael Howe. (Phillips, David) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

RECAP
106

TRIAL BRIEF by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit A: Hood Deposition Transcript, # 2 Exhibit B: Defendants' Witness List)(Gaber, Mark) (Attachment 1 replaced to fix headers on 6/6/2023) (sc). Modified to replace Attachment 1 on 6/6/2023. NEF regenerated (sc). (Entered: 06/05/2023)

1 Exhibit A: Hood Deposition Transcript

View on PACER

2 Exhibit B: Defendants' Witness List

View on PACER

June 5, 2023

June 5, 2023

RECAP
107

ORDER by Chief Judge Peter D. Welte denying 93 Motion in Limine; granting in part and finding as moot in part 96 Motion in Limine (JS) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

RECAP
108

STIPULATION of Facts by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 06/11/2023)

June 11, 2023

June 11, 2023

RECAP
109

MOTION for Leave to File Offer of Proof by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
112

Minute Entry for proceedings held before Chief Judge Peter D. Welte: Bench Trial held on 6/12-15/2023 (4 days). (Court Reporter rc) (Attachments: # 1 Plaintiffs' Exhibit List, # 2 Defendant's Exhibit List) (lh) (Entered: 06/15/2023)

June 12, 2023

June 12, 2023

PACER
110

NOTICE of Appearance by Allison Neswood on behalf of Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians (Neswood, Allison) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
111

RESPONSE to Motion re 109 MOTION for Leave to File Offer of Proof filed by Michael Howe. (Phillips, David) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
113

(Text Only) ORDER by Chief Judge Peter D. Welte granting 109 Motion for Leave to File Offer of Proof for the reasons stated on the record. (JS) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
114

NOTICE OF FILING OF TRANSCRIPT of Bench Trial held June 12-15, 2023 (rc) (Main Document 114 replaced with a non-fillable document on 6/16/2023) (sc). Modified to replace document on 6/16/2023. NEF regenerated (sc). (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
115

TRANSCRIPT of Bench Trial, Volume I, held on June 12, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
116

TRANSCRIPT of Bench Trial, Volume II, held on June 13, 2023 before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
117

TRANSCRIPT of Bench Trial, Volume III, held on June 14, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
118

TRANSCRIPT of Bench Trial, Volume IV, held on June 15, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
119

MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law (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: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
120

(Text Only) ORDER by Chief Judge Peter D. Welte granting 119 Motion for Extension of Time to File. The parties may file their proposed Findings of Fact and Conclusions of Law on 7/7/2023. (EA) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
121

MOTION to Withdraw as Attorney by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Hansen, Nicole) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

RECAP
122

Proposed Findings of Fact by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER
123

Proposed Findings of Fact by Michael Howe. (Phillips, David) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER
124

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 121 Motion to Withdraw as Attorney. Attorney Nicole Hansen withdrawn from the case. (AS) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

PACER
125

MEMORANDUM AND OPINION - FINDINGS OF FACT AND CONCLUSIONS OF LAW by Chief Judge Peter D. Welte. (EA) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

RECAP
126

CLERK'S JUDGMENT. (pb) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
127

MOTION for Extension of Time to File Motion for Attorneys' Fees, Expenses, and Costs by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
128

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting plaintiffs' unopposed 127 Motion for Extension of Time to File motion for attorneys' fees, expenses, and costs until after resolution of any appeal or after the time for any appeal has expired. Plaintiffs shall file a status report within 10 days of resolution of any appeal or within ten days of expiration of the time for any appeal. (AS) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
129

NOTICE of Appearance by Philip Axt on behalf of Michael Howe (Axt, Philip) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
130

NOTICE OF APPEAL as to 125 MEMORANDUM AND OPINION - FINDINGS OF FACT AND CONCLUSIONS OF LAW, 126 Clerk's Judgment by Michael Howe. Filing fee $605. (Phillips, David) Modified to add link on 12/5/2023 (pb). (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
131

MOTION to Stay re 126 Clerk's Judgment by Michael Howe. (Phillips, David) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
132

MEMORANDUM in Support re 131 MOTION to Stay re 126 Clerk's Judgment filed by Michael Howe. (Phillips, David) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

RECAP

Docket Correction

Dec. 5, 2023

Dec. 5, 2023

PACER

DOCKET CORRECTION re: 130 NOTICE OF APPEAL. Clerk's Office added link. (pb)

Dec. 5, 2023

Dec. 5, 2023

PACER

Case Details

State / Territory: North Dakota

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Feb. 7, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

2 North Dakota Native American Tribes and 3 Native American individuals who reside in the district that was affected by the new redistricting plan

Plaintiff Type(s):

American Indian Tribe

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Dakota, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Voting:

Redistricting/district composition

Vote dilution

Voting: General & Misc.