Case: Curtis v. Oliver

1:20-cv-00748 | U.S. District Court for the District of New Mexico

Filed Date: July 23, 2020

Closed Date: Oct. 2, 2020

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Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

John Hood (5/26/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17377803/parties/curtis-v-oliver/


Judge(s)

Browning, James O. (New Mexico)

Attorney for Plaintiff

Curtis, Stephen P. (New Mexico)

Wiest, Christopher D (New Mexico)

Attorney for Defendant

Lange, Dylan Kenneth (New Mexico)

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Documents in the Clearinghouse

Document
1

1:20-cv-00748

Plaintiffs' Verified Complaint for Declaratory and Injunctive Relief

July 23, 2020

July 23, 2020

Complaint
7

1:20-cv-00748

Plaintiffs' Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction with Verified Complaint in Support

July 29, 2020

July 29, 2020

Pleading / Motion / Brief
7

1:20-cv-00748

Plaintiffs' Emergency Motion for TRO and/or Preliminary Injunction with Verified Complaint

July 29, 2020

July 29, 2020

Pleading / Motion / Brief
10

1:20-cv-00748

Secretary of State's Response to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 6, 2020

Aug. 6, 2020

Pleading / Motion / Brief
10

1:20-cv-00748

Secretary of State's Response to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 6, 2020

Aug. 6, 2020

Pleading / Motion / Brief
10

1:20-cv-00748

Secretary of State's Response to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 6, 2020

Aug. 6, 2020

Pleading / Motion / Brief
14

1:20-cv-00748

Plaintiffs' Reply in Support of their Emergency Motion for TRO and/or Preliminary Injunction with Verified Complaint in Support

Aug. 12, 2020

Aug. 12, 2020

Pleading / Motion / Brief
24

1:20-cv-00748

Memorandum Opinion and Order

Aug. 14, 2020

Aug. 14, 2020

Order/Opinion

479 F.Supp.3d 1039

29

1:20-cv-00748

Agreed Final Order

Aug. 17, 2020

Aug. 17, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17377803/curtis-v-oliver/

Last updated May 22, 2026, 2:29 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Maggie Toulouse Oliver ( Filing Fee - Online Payment), filed by Stephen P Curtis. (Curtis, Stephen) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

Clearinghouse

Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7224326 re 1 Complaint filed by Stephen P Curtis (Payment made via Pay.gov)(Curtis, Stephen)

July 23, 2020

July 23, 2020

2

NOTICE by Stephen P Curtis re 1 Complaint (Curtis, Stephen) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

3

PLEASE TAKE NOTICE that United States Magistrate Judge Jerry H. Ritter has been assigned for a 28 U.S.C. 1915 review. (arp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

4

ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Stephen P Curtis by Stephen P. Curtis on behalf of: Chris Wiest Chris Wiest, Attorney at Law, PLLC 25 Town Center Blvd, STE 104Crestview Hills, KY 41017 513-257-1895 chris@cwiestlaw.com (Association Dues - Online Payment) (Curtis, Stephen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

United States Magistrate Judge Jerry H. Ritter assigned. (arp)

July 24, 2020

July 24, 2020

5

NOTICE by Stephen P Curtis (Curtis, Stephen) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

6

Association Dues: $ 100 paid, receipt number # ANMDC-7227620 re: 4 Association of Attorney Licensed Outside the District, filed by Plaintiff Stephen P Curtis (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/28/2020)

July 27, 2020

July 27, 2020

Summons Issued as to Maggie Toulouse Oliver. (arp)

July 28, 2020

July 28, 2020

Association Dues Received

July 28, 2020

July 28, 2020

Summons Issued

July 28, 2020

July 28, 2020

7

MOTION for Preliminary Injunction by Stephen P Curtis. (Curtis, Stephen) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

Clearinghouse
8

NOTICE by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini re 7 MOTION for Preliminary Injunction Information Sheet for TRO (Wiest, Christopher) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

United States District Judge James O. Browning assigned. (arp)

July 31, 2020

July 31, 2020

9

NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction : Motion Hearing set for 8/7/2020 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

10

RESPONSE to Motion re 7 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Maggie Toulouse Oliver. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3Sealed Case Participants Only Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lange, Dylan) Modified to restrict exh 3 per attorney request on 8/7/2020 (bc). (Entered: 08/06/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

4 Exhibit 4

View on RECAP

5 Exhibit 5

View on RECAP

6 Exhibit 6

View on RECAP

7 Exhibit 7

View on RECAP

8 Exhibit 8

View on RECAP

Aug. 6, 2020

Aug. 6, 2020

Clearinghouse
11

APPENDIX/SUPPLEMENT re 10 Response to Motion, Redacted Exhibit 3 by Maggie Toulouse Oliver (Lange, Dylan) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
12

NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction : Motion Hearing set for 8/17/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

13

Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 8/7/2020 re 7 MOTION for Preliminary Injunction filed by Stephen P Curtis. (Court Reporter S Hilton) (vv) (Entered: 08/11/2020)

Aug. 7, 2020

Aug. 7, 2020

14

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction filed by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini. (Wiest, Christopher) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

Clearinghouse
15

FILED IN ERROR-First MOTION to Quash Portion of Plaintiff's Subpoena by David Christian Mann. (Mann, David) Modified on 8/13/2020 (vv). (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

16

First MOTION to Quash Portion of Plaintiff's Subpoena by David Christian Mann. (Mann, David) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP
17

MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action by Maggie Toulouse Oliver. (Attachments: # 1 Exhibit A) (Goodin, Nelson) (Entered: 08/13/2020)

1 Exhibit A

View on RECAP

Aug. 13, 2020

Aug. 13, 2020

RECAP
18

RESPONSE in Opposition re 17 MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action, 16 First MOTION to Quash Portion of Plaintiff's Subpoena and Cross Motion to Compel pursuant to FRCP 45 filed by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini. (Wiest, Christopher) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP
19

NOTICE of Appearance by Dylan Kenneth Lange on behalf of Maggie Toulouse Oliver (Lange, Dylan) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

20

NOTICE of Hearing on Motion 16 First MOTION to Quash Portion of Plaintiff's Subpoena, 17 MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action and Cross Motion to Compel pursuant to FRCP 45 : Motion Hearing set for 8/14/2020 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerks Office to obtain login credentials for the hearing. Callers should contact the main Clerks Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

21

MOTION to Quash a portion of subpoena to appear and testify at a hearing or trial in a civil action by Linda Stover. (Attachments: # 1 Exhibit Subpoena to Bernalillo County) (Downey, Natalia) (Entered: 08/13/2020)

1 Exhibit Subpoena to Bernalillo County

View on RECAP

Aug. 13, 2020

Aug. 13, 2020

RECAP
22

AMENDED NOTICE of Hearing on Motion 16 First MOTION to Quash Portion of Plaintiff's Subpoena, 21 MOTION to Quash a portion of subpoena to appear and testify at a hearing or trial in a civil action, 17 MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action and 18 Response and Cross Motion to Compel pursuant to FRCP 45 : Motion Hearing set for 8/14/2020 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerks Office to obtain login credentials for the hearing. Callers should contact the main Clerks Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

23

RESPONSE in Support re 17 MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action, 21 MOTION to Quash a portion of subpoena to appear and testify at a hearing or trial in a civil action, 16 First MOTION to Quash Portion of Plaintiff's Subpoena filed by Maggie Toulouse Oliver. (Lange, Dylan) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
24

MEMORANDUM OPINION AND ORDER granting in part and denying in part 7 MOTION for Preliminary Injunction by District Judge James O. Browning. (vv) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

Clearinghouse
25

Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 8/14/2020 re 17 MOTION to Quash Dona Ana County Clerk Amanda Lopez Askin's Motion to Quash A Portion of Subpoena to Appear and Testify at the Hearing or Trial in a Civil Action filed by Maggie Toulouse Oliver, 21 MOTION to Quash a portion of subpoena to appear and testify at a hearing or trial in a civil action filed by Linda Stover, 16 First MOTION to Quash Portion of Plaintiff's Subpoena filed by David Christian Mann. (Court Reporter J Bean) (vv) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
26

STIPULATION and proposed Agreed Order by and between Plaintiffs and the Dona Ana Clerk as to subpoena and other matters by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini (Wiest, Christopher) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
27

STIPULATION BETWEEN THE PARTIES AND PROPOSED AGREED FINAL ORDER by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini (Wiest, Christopher) (Entered: 08/16/2020)

Aug. 16, 2020

Aug. 16, 2020

RECAP
28

MINUTE ORDER pursuant to the direction of District Judge James O. Browning: The Preliminary Injunction Hearing presently set for August 17, 2020 is hereby vacated as the matter has settled. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.[],/FONT> (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

29

Agreed Final ORDER re 1 Complaint filed by Stephen P Curtis by District Judge James O. Browning. (vv) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

Clearinghouse
30

FINAL JUDGMENT by District Judge James O. Browning. (vv) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

RECAP

Minute Order

Aug. 17, 2020

Aug. 17, 2020

31

Joint MOTION for Extension of Time to File Motion for Fees and Costs, extending to 9/30/2020 by Ranota Q Banks, Stephen P Curtis, Libertarian Party of New Mexico, Chris Luchini. (Wiest, Christopher) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

32

ORDER by District Judge James O. Browning granting 31 Motion for Extension of Time to File (meq) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

Case Details

State / Territory:

New Mexico

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: July 23, 2020

Closing Date: Oct. 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Candidate, political party, and registered voters.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Secretary of State for the State of New Mexico

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of New Mexico 1:20-cv-00748

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Issues

Voting:

Election administration

Recommended Citation