Case: Carson v. Simon

0:20-cv-02030 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 22, 2020

Closed Date: Dec. 9, 2020

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Case Summary

This is a case challenging a restriction on Minnesota electoral law. On September 22, 2020, two Republican presidential elector nominees filed suit in the United States District Court for the District of Minnesota against the Secretary of State of Minnesota. The basis of the complaint surrounded a consent decree entered into by the government in a previous case, LaRose v. Simon. LaRose v. Simon, 62-CV-20-3149, Minn. 2d Judicial Cir., Order, August 3, 2020. Plaintiffs argued that the consent de…

This is a case challenging a restriction on Minnesota electoral law.

On September 22, 2020, two Republican presidential elector nominees filed suit in the United States District Court for the District of Minnesota against the Secretary of State of Minnesota. The basis of the complaint surrounded a consent decree entered into by the government in a previous case, LaRose v. Simon. LaRose v. Simon, 62-CV-20-3149, Minn. 2d Judicial Cir., Order, August 3, 2020. Plaintiffs argued that the consent decree, entered into by the Defendant and the Minnesota Alliance for Retired Americans Educational Fund, and approved by the Court on August 3, 2020 conflicted with both state and federal voting laws. Plaintiffs argued that the consent decree was essentially a "contract" that restricted the right of Minnesota electoral actors to decide how to run elections.

Article II of the Constitution provided that the legislature of each state shall determine the manner of selecting electors and Congress shall determine the day of selecting electors. Pursuant to 3 U.S.C. § 1, Congress chose the second Tuesday of November as election day, which was Tuesday, November 3 for the year 2020. Additionally, Minnesota law required that voters who voted in person on election day, must have been in line at the polling place before 8:00 PM on voting day, when the polls closed. In a similar vein, Minnesota law allowed for absentee ballots, but if such ballots were received on election day either (1) after 3:00 PM, if delivered in person, or (2) after 8:00 PM, if delivered by mail, then such ballots were to be marked late and not counted. However, the Consent Decree provided that Defendant shall not enforce the election day receipt deadline for mail-in ballots and that any ballots which did not have a postmark date were to be presumed to have been mailed on or before election day. In accordance with the Consent Decree, the Defendant issued guidance to voters explaining that for the 2020 election, a ballot will be counted if received within seven days of November 3, 2020.

On September 24, 2020, Plaintiffs filed a Motion for a Preliminary Injunction requesting that the Court enjoin the Defendant from permitting ballots that arrive at polling places after 8:00 PM on election day to be counted in the November 3, 2020 presidential election.

On September 25, 2020, the Minnesota Alliance for Retired Americans Educational Fund, individual voters who were at an increased risk of severe illness or death if exposed to COVID‐19, and voters whose ballots had been, or were likely to be, rejected as a result of the election day receipt deadline filed an Unopposed Motion to Intervene as Defendants. The Court approved the motion to intervene on September 28, 2020.

On October 11, 2020, the Court denied the motion for preliminary injunction because the Court concluded that Plaintiffs lacked standing because their generalized grievances did not affect them in a personal and individual way and there was no causation between the alleged injury and the challenged conduct. The Plaintiffs appealed this to the Eighth Circuit on October 12, 2020. Simultaneously, Plaintiffs filed a Motion for Injunction Pending Appeal. The Court denied the motion on October 16, 2020 on the basis of lack of standing.

On October 29, 2020, the United States Court of Appeals for the Eighth Circuit issued an opinion which reversed the Court’s ruling, finding that Plaintiffs had standing because Minnesota law treats prospective electors as candidates and there is a causal connection between injury to candidates from an inaccurate vote tally and the Defendant’s conduct. The United States Court of Appeals for the Eighth Circuit noted that “only the Minnesota Legislature, and not the Secretary” could establish rules for conducting elections in the state and remanded the case to the Court with instructions to immediately enter an order granting a preliminary injunction.

On October 30, 2020, the Court issued an Order Granting Injunction which required Defendant and his agents to identify and segregate all absentee ballots received after the deadlines set forth in Minn. Stat. § 203B.08, subd. 3, in a manner that would allow for their respective votes for presidential electors to be removed from vote totals in the event a final order was entered by a court of competent jurisdiction determining such votes to be invalid or unlawfully counted.

On December 9, 2020, Plaintiffs, Defendant, and Intervenor Defendants submitted a Stipulation of Voluntary Dismissal requesting the case to be dismissed without prejudice. On the same day, the Court issued an Order for Dismissal.

The case is now closed.

Summary Authors

Deidre Fragapane (11/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18465725/parties/carson-v-simon/

Judge(s)

Brasel, Nancy Ellen (Minnesota)

Attorney for Plaintiff

Attorney for Defendant

Expert/Monitor/Master/Other

Callais, Amanda (Minnesota)

Clark, Samuel J (Minnesota)

Conley, Will McDonell (Minnesota)

Dunlop, Sybil L (Minnesota)

Judge(s)

Brasel, Nancy Ellen (Minnesota)

Attorney for Plaintiff

Foix, Danyll (Minnesota)

Grossman, Andrew Michael (Minnesota)

Hansen, Nathan M (Minnesota)

Raile, Richard Bryan (Minnesota)

Rivkin, David B. (Minnesota)

Attorney for Defendant

Marisam, Jason (Minnesota)

Other

Callais, Amanda (Minnesota)

Clark, Samuel J (Minnesota)

Conley, Will McDonell (Minnesota)

Dunlop, Sybil L (Minnesota)

Elias, Marc E (Minnesota)

Fisher, Caitlinrose H. (Minnesota)

Hawley, Jonathan Patrick (Minnesota)

Khanna, Abha (Minnesota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 0:20-cv-02030	Complaint Carson, Et Al V. Simon, Et Al	Sept. 22, 2020	Sept. 22, 2020 Complaint
12 0:20-cv-02030	Plaintiffs' Motion for a Preliminary Injunction Carson, Et Al V. Simon, Et Al	Sept. 24, 2020	Sept. 24, 2020 Pleading / Motion / Brief
20 0:20-cv-02030	Unopposed Motion to Intervene as Defendants Carson, Et Al V. Simon, Et Al	Sept. 25, 2020	Sept. 25, 2020 Pleading / Motion / Brief
33 0:20-cv-02030	Order on Motion to Intervene Carson, Et Al V. Simon, Et Al	Sept. 28, 2020	Sept. 28, 2020 Order/Opinion
59 0:20-cv-02030	Order on Motion for Preliminary Injunction Carson, Et Al V. Simon, Et Al	Oct. 12, 2020	Oct. 12, 2020 Order/Opinion 494 F.Supp.3d 589
60 0:20-cv-02030	Plaintiffs' Notice of Appeal Carson, Et Al V. Simon, Et Al	Oct. 12, 2020	Oct. 12, 2020 Pleading / Motion / Brief
61 0:20-cv-02030	Plaintiffs' Motion for Injunction Pending Appeal Carson, Et Al V. Simon, Et Al	Oct. 12, 2020	Oct. 12, 2020 Pleading / Motion / Brief
71 0:20-cv-02030	Order on Emergency Motion for Injunction Pending Appeal Carson, Et Al V. Simon, Et Al	Oct. 16, 2020	Oct. 16, 2020 Order/Opinion 2020 WL 6117687
73 0:20-cv-02030	Opinion of United States Court of Appeals for the Eighth Circuit Carson, Et Al V. Simon, Et Al U.S. Court of Appeals for the Eighth Circuit	Oct. 29, 2020	Oct. 29, 2020 Order/Opinion 978 F.3d 1051
72 0:20-cv-02030	Order Granting Injunction Pursuant to the Eighth Circuit Court of Appeals Order	Oct. 30, 2020	Oct. 30, 2020 Order/Opinion 2020 U.S.Dist.LEXIS 191433

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Carson v. Simon	(1) Whether a measure by Minnesota elections officials extending the deadline for timely postmarked absentee ballots to be received and still counted until one week after Election Day violates the U.…	Oct. 29, 2020	Oct. 29, 2020 https://www.scotusblog.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18465725/carson-v-simon/

Last updated Aug. 31, 2026, 4:42 a.m.

Docket for: Carson v. Simon

ECF Number	Date	Description	Link
1	Sept. 22, 2020	COMPLAINT against Steve Simon (filing fee $ 400, receipt number AMNDC-8078226) filed by James Carson, Eric Lucero. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Foix, Danyll) (Entered: 09/22/2020) 1 Civil Cover Sheet View on PACER	RECAP
2	Sept. 22, 2020	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Tony N. Leung. Please use case number 20-cv-2030 (NEB/TNL). (MKB) (Entered: 09/22/2020)	RECAP
3	Sept. 22, 2020	Summons Issued as to Steve Simon. (MKB) (Entered: 09/22/2020)	RECAP
4	Sept. 22, 2020	(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing David B. Rivkin, Andrew M. Grossman, Richard B. Raile as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (MKB) (Entered: 09/22/2020)	RECAP
	Sept. 22, 2020	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Tony N. Leung. Please use case number 20-cv-2030 (NEB/TNL). (MKB)
	Sept. 22, 2020	(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing David B. Rivkin, Andrew M. Grossman, Richard B. Raile as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (MKB)
5	Sept. 23, 2020	NOTICE of Appearance by Jason Marisam on behalf of Steve Simon. (Marisam, Jason) (Entered: 09/23/2020)	RECAP
6	Sept. 23, 2020	DOCUMENT FILED IN ERROR - Motion for Permission for a Non-resident to Serve as Local Counsel filed by James Carson, Eric Lucero. (Attachments: ATTACHMENT FILED IN ERROR - WILL REFILE # 1 Proposed Order)(Foix, Danyll) Modified text on 9/23/2020 (MMP). Modified text on 9/23/2020 (MMP). Modified text on 9/24/2020 (NAH). (Entered: 09/23/2020)	RECAP
7	Sept. 23, 2020	MOTION for Admission Pro Hac Vice for Attorney Andrew M. Grossman. Filing fee $ 100, receipt number AMNDC-8081570 filed by James Carson, Eric Lucero. (Attachments: # 1 Motion for Non-Resident to Serve as Local Counsel)(Foix, Danyll) (Entered: 09/23/2020)	RECAP
8	Sept. 23, 2020	MOTION for Admission Pro Hac Vice for Attorney Richard B. Raile. Filing fee $ 100, receipt number AMNDC-8081613 filed by James Carson, Eric Lucero. (Attachments: # 1 Motion for Non-Resident to Serve as Local Counsel)(Foix, Danyll) (Entered: 09/23/2020)	RECAP
9	Sept. 23, 2020	DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Attorney David B. Rivkin. Filing fee $ 100, receipt number AMNDC-8081657 filed by James Carson, Eric Lucero. (Attachments: # 1 Motion for Non-Resident to Serve as Local Counsel)(Foix, Danyll) Modified text on 9/29/2020 (NAH). (Entered: 09/23/2020)	RECAP
10	Sept. 23, 2020	PROPOSED ORDER TO JUDGE re 6 MOTION Motion for Permission for a Non-resident to Serve as Local Counsel filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 09/23/2020)	RECAP
11	Sept. 23, 2020	SUMMONS Returned Executed by James Carson, Eric Lucero. Steve Simon served on 9/22/2020, answer due 10/13/2020. (Foix, Danyll) (Entered: 09/23/2020)	RECAP
12	Sept. 24, 2020	MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero. (Foix, Danyll) (Entered: 09/24/2020)	RECAP
13	Sept. 24, 2020	MEMORANDUM in Support re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Foix, Danyll) (Entered: 09/24/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
14	Sept. 24, 2020	Declaration of Danyll W. Foix in Support of 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 09/24/2020)	RECAP
15	Sept. 24, 2020	Declaration of James Carson in Support of 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 09/24/2020)	RECAP
16	Sept. 24, 2020	Declaration of Eric Lucero in Support of 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 09/24/2020)	RECAP
17	Sept. 24, 2020	PROPOSED ORDER TO JUDGE re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 09/24/2020)	RECAP
18	Sept. 25, 2020	NOTICE OF HEARING ON MOTION 12 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 10/2/2020 at 12:00 PM in Video Conference (no courtroom) before Judge Nancy E. Brasel. (Foix, Danyll) (Entered: 09/25/2020)	RECAP
19	Sept. 25, 2020	(Text-Only) NOTICE OF HEARING ON MOTION 12 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 10/2/2020 at 12:00 PM in Video Conference (no courtroom) before Judge Nancy E. Brasel. The parties will receive a notice for the video connection. The public can call: 669-254-5252. Meeting ID 161 292 8098 Passcode 498882073. The response is due 9/29/20. The reply is due by 12:00 p.m. central time on 10/1/20. (KMW) (Entered: 09/25/2020)	RECAP
20	Sept. 25, 2020	MOTION to Intervene filed by Robert LaRose, Teresa Maples, Mary Sansom, Gary Severson, Minnesota Alliance for Retired Americans Education Fund. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
21	Sept. 25, 2020	NOTICE OF HEARING ON MOTION 20 MOTION to Intervene : Date and time to be determined. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
22	Sept. 25, 2020	MEMORANDUM in Support re 20 MOTION to Intervene filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Exhibit(s) 1)(Dunlop, Sybil) (Entered: 09/25/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER 2 Exhibit(s) 1 View on PACER	RECAP
23	Sept. 25, 2020	MEET and CONFER STATEMENT re 20 Motion to Intervene filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson.(Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
24	Sept. 25, 2020	PROPOSED ORDER TO JUDGE re 20 MOTION to Intervene filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson.(Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
25	Sept. 25, 2020	NOTICE of Appearance by Sybil L Dunlop on behalf of Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
26	Sept. 25, 2020	NOTICE of Appearance by Samuel J Clark on behalf of Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Clark, Samuel) (Entered: 09/25/2020)	RECAP
27	Sept. 25, 2020	MOTION for Admission Pro Hac Vice for Attorney Amanda R. Callais. Filing fee $ 100, receipt number AMNDC-8090661 filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
28	Sept. 25, 2020	MOTION for Admission Pro Hac Vice for Attorney Will M. Conley. Filing fee $ 100, receipt number AMNDC-8090666 filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
29	Sept. 25, 2020	MOTION for Admission Pro Hac Vice for Attorney Marc E. Elias. Filing fee $ 100, receipt number AMNDC-8090678 filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
30	Sept. 25, 2020	MOTION for Admission Pro Hac Vice for Attorney Jonathan Hawley. Filing fee $ 100, receipt number AMNDC-8090683 filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
31	Sept. 25, 2020	MOTION for Admission Pro Hac Vice for Attorney Abha Khanna. Filing fee $ 100, receipt number AMNDC-8090686 filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
32	Sept. 25, 2020	MEET and CONFER STATEMENT re 20 Motion to Intervene filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson.(Dunlop, Sybil) (Entered: 09/25/2020)	RECAP
	Sept. 25, 2020	(Text-Only) NOTICE OF HEARING ON MOTION 12 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 10/2/2020 at 12:00 PM in Video Conference (no courtroom) before Judge Nancy E. Brasel. The parties will receive a notice for the video connection. The public can call: 669-254-5252. Meeting ID 161 292 8098 Passcode 498882073. The response is due 9/29/20. The reply is due by 12:00 p.m. central time on 10/1/20. (KMW)
33	Sept. 28, 2020	ORDER granting 20 Motion to Intervene. Signed by Judge Nancy E. Brasel on 9/28/2020. (KMW) (Entered: 09/28/2020)	RECAP
34	Sept. 29, 2020	TEXT ONLY ENTRY: ORDER granting 29 Motion for Admission Pro Hac Vice of Attorney Marc E Elias for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 30 Motion for Admission Pro Hac Vice of Attorney Jonathan Patrick Hawley for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 31 Motion for Admission Pro Hac Vice of Attorney Abha Khanna for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 28 Motion for Admission Pro Hac Vice of Attorney Will McDonell Conley for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson. Approved by Magistrate Judge Tony N. Leung on 9/29/2020. (NAH) (Entered: 09/29/2020)	RECAP
35	Sept. 29, 2020	MEMORANDUM in Opposition re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marisam, Jason) (Entered: 09/29/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
36	Sept. 29, 2020	DECLARATION of Jason Marisam re 35 Memorandum in Opposition to Motion, by Steve Simon . (Attachments: # 1 Exhibit(s) A-E)(Marisam, Jason) (Entered: 09/29/2020)	RECAP
37	Sept. 29, 2020	DECLARATION of David Maeda re 35 Memorandum in Opposition to Motion, by Steve Simon . (Attachments: # 1 Exhibit(s) A)(Marisam, Jason) (Entered: 09/29/2020)	RECAP
38	Sept. 29, 2020	MEMORANDUM in Opposition re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil) (Entered: 09/29/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
39	Sept. 29, 2020	DECLARATION of Abha Khanna in Opposition to 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 Exhibit(s) 1-29)(Dunlop, Sybil) (Entered: 09/29/2020)	RECAP
	Sept. 29, 2020	TEXT ONLY ENTRY: ORDER granting 29 Motion for Admission Pro Hac Vice of Attorney Marc E Elias for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 30 Motion for Admission Pro Hac Vice of Attorney Jonathan Patrick Hawley for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 31 Motion for Admission Pro Hac Vice of Attorney Abha Khanna for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson; granting 28 Motion for Admission Pro Hac Vice of Attorney Will McDonell Conley for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson. Approved by Magistrate Judge Tony N. Leung on 9/29/2020. (NAH)
	Sept. 29, 2020	Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice
40	Sept. 30, 2020	ORDER granting 7 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Andrew Michael Grossman for James Carson and for Eric Lucero; granting 8 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Richard Bryan Raile for James Carson and for Eric Lucero. Signed by Judge Nancy E. Brasel on 9/29/2020. (NAH) (Entered: 09/30/2020)	RECAP
41	Oct. 1, 2020	LETTER to Request Permission to Exceed Word/Line Limits . (Attachments: # 1 Exhibit(s) A - Proposed Reply, # 2 Exhibit(s) B Proposed Rule 7.1 Certificate)(Foix, Danyll) (Entered: 10/01/2020)	RECAP
42	Oct. 1, 2020	STRICKEN PER 43 TEXT ONLY ORDER DATED 10/1/2020 - REPLY re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Proposed Certificate of Compliance)(Foix, Danyll) Modified text on 10/1/2020 (MMP). (Entered: 10/01/2020)	RECAP
43	Oct. 1, 2020	(Text-Only) ORDER IN RESPONSE TO EXCEED WORD COUNT LIMIT. Ten minutes prior to their filing deadline, the Plaintiffs have requested a word-count exemption under Local Rule 7.1(f)(1)(B) 41, which requires the Court's prior permission to exceed the maximum word count. At the same time, Plaintiffs filed their overlength brief 42 . Plaintiffs in this case, having requested the expedited briefing schedule and agreed to the intervenors, could have anticipated the necessity of an overlength brief. Their request does not comport with the Local Rules, and ECF No. 42 will be stricken from the record. The Plaintiffs shall file a brief within the word limits set by Local Rule 7.1. Ordered by Judge Nancy E. Brasel on 10/1/2020.(KMW) (Entered: 10/01/2020)	RECAP
44	Oct. 1, 2020	REPLY re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson, Eric Lucero. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Foix, Danyll) (Entered: 10/01/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
	Oct. 1, 2020	(Text-Only) ORDER IN RESPONSE TO EXCEED WORD COUNT LIMIT. Ten minutes prior to their filing deadline, the Plaintiffs have requested a word-count exemption under Local Rule 7.1(f)(1)(B) 41, which requires the Court's prior permission to exceed the maximum word count. At the same time, Plaintiffs filed their overlength brief 42 . Plaintiffs in this case, having requested the expedited briefing schedule and agreed to the intervenors, could have anticipated the necessity of an overlength brief. Their request does not comport with the Local Rules, and ECF No. 42 will be stricken from the record. The Plaintiffs shall file a brief within the word limits set by Local Rule 7.1. Ordered by Judge Nancy E. Brasel on 10/1/2020.(KMW)
	Oct. 1, 2020	Order in Response to Letter/Request/E-mail
45	Oct. 2, 2020	Minute Entry for proceedings held before Judge Nancy E. Brasel: Motion Hearing held on 10/2/2020 re 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by James Carson and Eric Lucero. The motion was moved, argued and taken under advisement. Order to follow. (Court Reporter Erin Drost) (KMW) (Entered: 10/05/2020)	RECAP
46	Oct. 5, 2020	TEXT ONLY ENTRY: ORDER granting 27 Motion for Admission Pro Hac Vice of Attorney Amanda Callais for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson. Approved by Magistrate Judge Tony N. Leung on 10/5/2020. (NAH) (Entered: 10/05/2020)	RECAP
47	Oct. 5, 2020	EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Erin Drost. (Foix, Danyll) (Entered: 10/05/2020)	RECAP
	Oct. 5, 2020	TEXT ONLY ENTRY: ORDER granting 27 Motion for Admission Pro Hac Vice of Attorney Amanda Callais for Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, and for Gary Severson. Approved by Magistrate Judge Tony N. Leung on 10/5/2020. (NAH)
	Oct. 5, 2020	EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Erin Drost. (Foix, Danyll)
	Oct. 5, 2020	Order on Motion for Admission Pro Hac Vice
48	Oct. 6, 2020	TRANSCRIPT of Motions Hearing held on 10/2/2020 before Judge Nancy E. Brasel. (72 pages). Court Reporter: Erin Drost. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 10/13/2020. Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (EDD) (Entered: 10/06/2020)	RECAP
49	Oct. 6, 2020	DUPLICATE ENTRY OF TRANSCRIPT 48 PER COURT REPORTER FILED IN ERROR - TRANSCRIPT of Motions Hearing held on 10/2/2020 before Judge Nancy E. Brasel. (72 pages). Court Reporter: Erin Drost. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 10/13/2020. Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (EDD) Modified text on 10/7/2020 (MMP). (Entered: 10/06/2020)	RECAP
	Oct. 6, 2020	DUPLICATE ENTRY OF TRANSCRIPT 48 PER COURT REPORTER FILED IN ERROR - TRANSCRIPT of Motions Hearing held on 10/2/2020 before Judge Nancy E. Brasel. (72 pages). Court Reporter: Erin Drost. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 10/13/2020. Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (EDD) Modified text on 10/7/2020 (MMP).
50	Oct. 7, 2020	TRANSCRIPT REQUEST for a COPY OF 48 Transcript(s) to Court Reporter Erin Drost. (Clark, Samuel) (Entered: 10/07/2020)	RECAP
51	Oct. 7, 2020	LETTER TO DISTRICT JUDGE by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson . (Clark, Samuel) (Entered: 10/07/2020)	RECAP
52	Oct. 7, 2020	LETTER TO DISTRICT JUDGE by James Carson, Eric Lucero . (Foix, Danyll) (Entered: 10/07/2020)	RECAP
	Oct. 7, 2020	NOTICE OF DOCKETING CORRECTION - DUPLICATE ENTRY OF 48 TRANSCRIPT FILED IN ERROR docket entry 49 Transcript.(MMP)
	Oct. 7, 2020	TRANSCRIPT REQUEST for a COPY OF 48 Transcript(s) to Court Reporter Erin Drost. (Clark, Samuel)
53	Oct. 8, 2020	MOTION for Admission Pro Hac Vice for Attorney David B. Rivkin. Filing fee $ 100, receipt number AMNDC-8124515 filed by James Carson, Eric Lucero. (Attachments: # 1 Motion for Non-Resident to Serve as Local Counsel)(Foix, Danyll) (Entered: 10/08/2020)	RECAP
54	Oct. 8, 2020	LETTER TO DISTRICT JUDGE with Attachment by James Carson, Eric Lucero . (Foix, Danyll) Modified text on 10/9/2020 (MMP). (Entered: 10/08/2020)	RECAP
55	Oct. 9, 2020	LETTER TO DISTRICT JUDGE by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson (response to plaintiffs' letter ECF 54). (Dunlop, Sybil) (Entered: 10/09/2020)	RECAP
56	Oct. 11, 2020	VACATED PER 58 ORDER DATED 10/12/20 - ORDER ON MOTION FOR PRELIMINARY INJUNCTION. Because the plaintiffs lack standing, the Court has no subject-matter jurisdiction and the motion for preliminary injunction is DENIED. (Written Opinion) Signed by Judge Nancy E. Brasel on 10/11/2020. (KMW) Modified text on 10/13/2020 (MMP).	RECAP
57	Oct. 12, 2020	DOCUMENT FILED IN ERROR-REFILED AT 60 . NOTICE OF APPEAL TO 8TH CIRCUIT as to 56 Order on Motion for Preliminary Injunction by James Carson, Eric Lucero. Filing fee $ 505, receipt number AMNDC-8131477. (Foix, Danyll) Modified text on 10/13/2020 (MKB). (Entered: 10/12/2020)	RECAP
58	Oct. 12, 2020	ORDER TO VACATE. Signed by Judge Nancy E. Brasel on 10/12/2020.(KMW) (Entered: 10/12/2020)	RECAP
59	Oct. 12, 2020	ORDER ON MOTION FOR PRELIMINARY INJUNCTION. Because the plaintiffs lack standing, the Court has no subject-matter jurisdiction and the motion for preliminary injunction is DENIED. (Written Opinion) Signed by Judge Nancy E. Brasel on 10/12/2020.(KMW) (Entered: 10/12/2020)	RECAP
60	Oct. 12, 2020	AMENDED NOTICE OF APPEAL TO 8TH CIRCUIT as to 59 Order of Entry by James Carson, Eric Lucero. Filing fee $ 505, receipt number AMNDC-8131570. (Foix, Danyll) Modified text on 10/13/2020 (MKB). (Entered: 10/12/2020)	RECAP
61	Oct. 12, 2020	Emergency MOTION for Injunction Pending Appeal filed by James Carson, Eric Lucero. (Foix, Danyll) (Entered: 10/12/2020)	RECAP
62	Oct. 12, 2020	MEMORANDUM in Support re 61 Emergency MOTION for Injunction Pending Appeal filed by James Carson, Eric Lucero. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Foix, Danyll) (Entered: 10/12/2020)	RECAP
63	Oct. 12, 2020	PROPOSED ORDER TO JUDGE re 61 Emergency MOTION for Injunction Pending Appeal filed by James Carson, Eric Lucero.(Foix, Danyll) (Entered: 10/12/2020)	RECAP
64	Oct. 13, 2020	TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 60 . (MMP) (Entered: 10/13/2020)	RECAP
65	Oct. 13, 2020	ANSWER to Complaint filed by Steve Simon. (Marisam, Jason) (Entered: 10/13/2020)	RECAP
66	Oct. 13, 2020	Intervenor-Defendants' ANSWER to Complaint filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 10/13/2020)	RECAP
	Oct. 13, 2020	NOTICE to USCA of subsequent filing in a civil case, Re: Answer to Complaint 65, Answer to Complaint 66 . (MMP)
67	Oct. 14, 2020	ORDER granting 53 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of David B. Rivkin for James Carson and for Eric Lucero. Signed by Judge Nancy E. Brasel on 10/14/2020. (NAH) (Entered: 10/14/2020)	RECAP
	Oct. 14, 2020	NOTICE to USCA of subsequent filing in a civil case, Re: Order on Motion for Non-Resident Pro Hac Vice Admission 67 . (MMP)
	Oct. 14, 2020	USCA Case Number 20-3139 for 60 Notice of Appeal to 8th Circuit filed by James Carson, Eric Lucero. (MKB)
68	Oct. 15, 2020	MEMORANDUM in Opposition re 61 Emergency MOTION for Injunction Pending Appeal filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marisam, Jason) (Entered: 10/15/2020)	RECAP
69	Oct. 15, 2020	MEMORANDUM in Opposition re 61 Emergency MOTION for Injunction Pending Appeal filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil) (Entered: 10/15/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
70	Oct. 15, 2020	DECLARATION of Abha Khanna in Opposition to 61 Emergency MOTION for Injunction Pending Appeal filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 Exhibit(s) 1)(Dunlop, Sybil) (Entered: 10/15/2020)	RECAP
71	Oct. 16, 2020	ORDER ON EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL. Based on the foregoing and on all the files, records, and proceedings herein, the Plaintiffs' emergency motion for injunction pending appeal 61 is DENIED. (Written Opinion) Signed by Judge Nancy E. Brasel on 10/16/2020. (KMW)	RECAP
	Oct. 19, 2020	NOTICE to USCA of subsequent filing in a civil case, Re: Memorandum in Opposition to Motion 68, Memorandum in Opposition to Motion, 69, Declaration in Opposition, 70, Order on Motion for Miscellaneous Relief, 71 . (MMP)
73	Oct. 29, 2020	Opinion of USCA (electronic copy) as to 60 Notice of Appeal to 8th Circuit filed by James Carson, Eric Lucero. (MKB) (Entered: 10/30/2020)	RECAP
74	Oct. 29, 2020	USCA JUDGMENT (electronic copy) as to 60 Notice of Appeal to 8th Circuit filed by James Carson, Eric Lucero. (MKB) (Entered: 10/30/2020)	RECAP
72	Oct. 30, 2020	ORDER GRANTING INJUNCTION. Signed by Judge Nancy E. Brasel on 10/30/2020.(KMW) (Entered: 10/30/2020)	RECAP
75	Oct. 30, 2020	MANDATE of USCA (electronic copy) as to 60 Notice of Appeal to 8th Circuit filed by James Carson, Eric Lucero. (MKB) (Entered: 11/02/2020)	RECAP
76	Nov. 2, 2020	NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 12/15/2020 at 03:00 PM in Judge's Chambers 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 11/2/2020. (Attachments: # 1 Consent Form) (HAM) (Entered: 11/02/2020) 1 Consent Form View on PACER	RECAP
77	Nov. 3, 2020	NOTICE of Appearance by Caitlinrose H. Fisher on behalf of Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Fisher, Caitlinrose) (Entered: 11/03/2020)	RECAP
78	Nov. 3, 2020	Emergency MOTION to Certify State Law Question and Stay Proceedings filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Dunlop, Sybil) (Entered: 11/03/2020)	RECAP
79	Nov. 3, 2020	NOTICE OF HEARING ON MOTION 78 Emergency MOTION to Certify State Law Question and Stay Proceedings : Date and time to be determined. (Dunlop, Sybil) (Entered: 11/03/2020)	RECAP
80	Nov. 3, 2020	MEMORANDUM in Support re 78 Emergency MOTION to Certify State Law Question and Stay Proceedings filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil) (Entered: 11/03/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
81	Nov. 3, 2020	MEET and CONFER STATEMENT re 78 Motion for Miscellaneous Relief filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson.(Dunlop, Sybil) (Entered: 11/03/2020)	RECAP
82	Nov. 3, 2020	PROPOSED ORDER TO JUDGE re 78 Emergency MOTION to Certify State Law Question and Stay Proceedings filed by Robert LaRose, Teresa Maples, Minnesota Alliance for Retired Americans Education Fund, Mary Sansom, Gary Severson.(Dunlop, Sybil) (Entered: 11/03/2020)	RECAP
83	Nov. 3, 2020	(Text-Only) ORDER. Any response to the Emergency MOTION to Certify State Law Question and Stay Proceedings is due by 11/4/20 at 8:00 a.m. The ruling will be made on the paper submissions. Ordered by Judge Nancy E. Brasel on 11/3/2020.(KMW) (Entered: 11/03/2020)	RECAP