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.

The defendants filed for summary judgment on February 1, 2023. Judge Welte denied the motion on April 10 and the case proceeded to trial. In a judgment dated November 17, 2023, the court found that the Secretary of State and the Legislative Assembly did not do enough to comply with Section 2 in seeking input from the Tribes and other Native representatives during the redistricting process, creating a plan that disenfranchised local Native voters. The state was permanently enjoined from interfering with the nomination or election of legislature within districts 9 and 15 and given until the end of the year to remedy section 2 violations.

Defendants appealed, and the 8th Circuit overturned the lower court's ruling on May 14, 2025. The court held in a 2-1 ruling that Section 1983 did not give private individuals the right to bring VRA cases. Overruling decades of precedent, Judge Raymond Gruender wrote that Congress had not “unambiguously” established a private right to action in the text of the VRA. Chief Judge Steve Colloton dissented, arguing against the majority's assertion that the over-400 decisions rendered under Section 2 within the 8th Circuit should be nullified.  137 F.4th 709.

Summary Authors

Rhea Sharma (11/17/2022)

Ben Hefter (6/6/2025)

Claire Pollard (7/7/2025)

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

Attorney, Anna Marks

Attorney for Defendant

Axt, Philip (North Dakota)

Bakke, Grant (North Dakota)

Expert/Monitor/Master/Other

Amunson, Jessica Ring

Attorney, Ethan J.

show all people

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 2528256

44

3:22-cv-00022

Supplemental Complaint

Dec. 7, 2022

Dec. 7, 2022

Complaint
106

3:22-cv-00022

Plaintiffs' Trial Memorandum

Turtle Mountain Band of Chippewa Indians v. Howe

June 5, 2023

June 5, 2023

Pleading / Motion / Brief
105

3:22-cv-00022

Defendant Michael Howe's Trial Memorandum

Turtle Mountain Band of Chippewa Indians v. Howe

June 5, 2023

June 5, 2023

Pleading / Motion / Brief
125

3:22-cv-00022

Findings of Fact and Conclusions of Law

Turtle Mountain Band of Chippewa Indians v. Howe

Nov. 17, 2023

Nov. 17, 2023

Order/Opinion

2023 WL 8004576

153

3:22-cv-00022

Order

Turtle Mountain Band of Chippewa Indians v. Howe

Dec. 12, 2023

Dec. 12, 2023

Order/Opinion

2023 WL 8602898

804897116

23-03655

[Untitled]

Dec. 13, 2023

Dec. 13, 2023

805260679-3

24-01171

Opinion

Turtle Mountain Band of Chippewa Indians v. Howe

U.S. Court of Appeals for the Eighth Circuit

May 14, 2025

May 14, 2025

Order/Opinion

137 F.4th 709

173

3:22-cv-00022

Judgment

Turtle Mountain Band of Chippewa Indians v. Howe

U.S. Court of Appeals for the Eighth Circuit

May 14, 2025

May 14, 2025

Order/Opinion

Resources

Docket

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

Last updated July 1, 2025, 10:35 p.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)

1 Civil Cover Sheet

View on RECAP

2 Exhibit 1 - November 1, 2021 Letter

View on RECAP

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

Set/Reset Deadlines

Feb. 22, 2022

Feb. 22, 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: 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

Docket Correction

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)

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

View on RECAP

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

View on RECAP

April 15, 2022

April 15, 2022

RECAP
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

RECAP
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

RECAP
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

Set/Reset Deadlines

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)

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

Set/Reset Scheduling Order Deadlines

Nov. 29, 2022

Nov. 29, 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)

1 Proposed Supplemental Complaint

View on RECAP

2 Proposed Order

View on PACER

Dec. 6, 2022

Dec. 6, 2022

RECAP

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

Docket Correction

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
49

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)

Jan. 5, 2023

Jan. 5, 2023

PACER
50

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)

Jan. 5, 2023

Jan. 5, 2023

PACER

Docket Correction

Jan. 6, 2023

Jan. 6, 2023

PACER

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

Jan. 6, 2023

Jan. 6, 2023

PACER
51

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

Jan. 6, 2023

Jan. 6, 2023

PACER
52

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

Jan. 11, 2023

Jan. 11, 2023

PACER
53

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)

Jan. 12, 2023

Jan. 12, 2023

PACER
54

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)

Jan. 17, 2023

Jan. 17, 2023

PACER
55

(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)

Jan. 18, 2023

Jan. 18, 2023

PACER
56

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)

Jan. 19, 2023

Jan. 19, 2023

PACER
57

(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)

Jan. 24, 2023

Jan. 24, 2023

PACER
58

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

Feb. 1, 2023

Feb. 1, 2023

PACER
59

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

Feb. 1, 2023

Feb. 1, 2023

RECAP
60

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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Feb. 1, 2023

Feb. 1, 2023

PACER
61

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)

Feb. 7, 2023

Feb. 7, 2023

PACER
62

(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)

Feb. 8, 2023

Feb. 8, 2023

PACER
63

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

Feb. 10, 2023

Feb. 10, 2023

RECAP
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, 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)

Feb. 24, 2023

Feb. 24, 2023

PACER
65

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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March 1, 2023

March 1, 2023

RECAP
66

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)

March 3, 2023

March 3, 2023

PACER
67

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)

March 3, 2023

March 3, 2023

PACER
68

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)

March 10, 2023

March 10, 2023

PACER
69

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)

March 10, 2023

March 10, 2023

PACER
70

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)

March 10, 2023

March 10, 2023

PACER

Docket Correction

March 13, 2023

March 13, 2023

PACER

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

March 13, 2023

March 13, 2023

PACER
71

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

March 14, 2023

March 14, 2023

PACER
72

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)

March 14, 2023

March 14, 2023

PACER
73

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

March 15, 2023

March 15, 2023

PACER
74

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)

March 15, 2023

March 15, 2023

PACER
75

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)

March 22, 2023

March 22, 2023

PACER
76

(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)

March 23, 2023

March 23, 2023

PACER
77

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)

March 27, 2023

March 27, 2023

PACER
78

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)

March 27, 2023

March 27, 2023

PACER
80

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)

March 27, 2023

March 27, 2023

PACER
82

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)

March 27, 2023

March 27, 2023

PACER
83

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)

March 27, 2023

March 27, 2023

PACER

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)

March 28, 2023

March 28, 2023

PACER

Docket Correction

March 28, 2023

March 28, 2023

PACER
81

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

March 28, 2023

March 28, 2023

PACER

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)

March 28, 2023

March 28, 2023

PACER
84

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)

March 28, 2023

March 28, 2023

PACER

Case Details