Case: Stokke v. Cegavske

2:20-cv-02046 | U.S. District Court for the District of Nevada

Filed Date: Nov. 5, 2020

Closed Date: Nov. 24, 2020

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Case Summary

On November 5, 2020, Plaintiffs consisting of (i) a registered voter in Clark County, Nevada, (ii) a member of the media who observed the counting of the ballots in the November 3, 2020 election in Clark County, Nevada, (iii) a candidate committee for a candidate who ran for Nevada’s Fourth Congressional District for the United States Congress, and (iv) a candidate committee for a candidate who ran for Nevada’s Third Congressional District for the United States Congress, filed suit in the Unite…

On November 5, 2020, Plaintiffs consisting of (i) a registered voter in Clark County, Nevada, (ii) a member of the media who observed the counting of the ballots in the November 3, 2020 election in Clark County, Nevada, (iii) a candidate committee for a candidate who ran for Nevada’s Fourth Congressional District for the United States Congress, and (iv) a candidate committee for a candidate who ran for Nevada’s Third Congressional District for the United States Congress, filed suit in the United States District Court for the District of Nevada. 

Plaintiffs alleged that the Secretary of State of Nevada and Clark County Registrar of Voters violated Section 4 of Article I of the United States Constitution, which provided that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof . . .”, by usurping the Nevada Legislature’s constitutional authority to set the manner of elections. Specifically, Defendants allowed for use of Agilis software to verify signatures of mail-in ballots. Agilis was not used by any other county in Nevada at the time and required that signatures were scanned with a resolution of at least 200 D.P.I., but the signatures Defendant scanned were less than this requirement resulting in dubious signature verification. Plaintiffs also alleged that Defendant violated the Equal Protection Clause because, by Clark County using Agilis software, voters in Clark County are at an unequal risk of having their legal votes diluted by votes with mismatched signatures. Lastly, Plaintiffs alleged that Defendants violated Nev. Rev. Stat. §§ 293.8881 and 293.363 because Defendants denied the public access to view ballot counting. 

The case was assigned to the Honorable Gloria M. Navarro and Magistrate Judge Daniel J. Albregts, but later reassigned to the Honorable Andrew P. Gordon. 

On November 5, 2020, Plaintiffs filed an Emergency Motion for Temporary Restraining Order and Preliminary Injunction and argued that both of these motions were needed to prevent Defendants’ ongoing violations of federal law. 

On November 6, 2020, the DNC and Nevada State Democratic Party filed a Motion to Intervene as Defendants on the basis that they had an interest in this case, as active participants in election contests, that the Defendants, as administrators of the election, did not represent. Further, the Proposed Intervenors alleged that Plaintiffs’ requests to alter Clark County’s procedure for counting mail-in ballots could have disenfranchised Proposed Intervenors’ members who submitted mail-in ballots. On the same day, the Court granted to Motion to Intervene and denied the Motion for Preliminary Injunction on the basis that there was not enough evidence to support the notion that an injunction would have prevented irreparable harm. 

On November 24, 2020, Plaintiffs filed a Notice of Voluntary Dismissal Under FRCP 41(a)(1)(A)(i) and the case was terminated. 

Summary Authors

Deidre Fragapane (11/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18611104/parties/stokke-v-cegavske/


Judge(s)

Gordon, Andrew Patrick (Nevada)

Attorney for Plaintiff
Attorney for Defendant

Bravo, Daniel (Nevada)

Devaney, John (Nevada)

Elias, Marc Erik (Nevada)

Expert/Monitor/Master/Other

Kern, Robert J. (Nevada)

show all people

Documents in the Clearinghouse

Document
3

2:20-cv-02046

Plaintiffs' Emergency Motion for Preliminary Injunction

Stokke, Et Al V. Cegavske, Et Al

Nov. 5, 2020

Nov. 5, 2020

Pleading / Motion / Brief
1

2:20-cv-02046

Complaint

Stokke, Et Al V. Cegavske, Et Al

Nov. 5, 2020

Nov. 5, 2020

Complaint
10

2:20-cv-02046

Motion to Intervene as Defendants by DNC and Nevada State Democratic Party

Stokke, Et Al V. Cegavske, Et Al

Nov. 6, 2020

Nov. 6, 2020

Pleading / Motion / Brief
30

2:20-cv-02046

Transcript

Stokke, Et Al V. Cegavske, Et Al

Nov. 17, 2020

Nov. 17, 2020

Transcript
31

2:20-cv-02046

Notice of Voluntary Dismissal Under FRCP 41(a)(1)(A)(i)

Stokke, Et Al V. Cegavske, Et Al

Nov. 24, 2020

Nov. 24, 2020

Notice of Investigation or Suit/Demand Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18611104/stokke-v-cegavske/

Last updated Aug. 9, 2025, 10:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Barbara K. Cegavske, Joseph P. Gloria (Filing fee $400 receipt number 0978-6245490) by Jill Stokke, Rodimer for Congress, Merchant for Congress, Chris Prudhome. Proof of service due by 2/3/2021. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons) (OMara, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 11/05/2020)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

View on PACER

Nov. 5, 2020

Nov. 5, 2020

Clearinghouse

Assign Judges in Civil Case

Nov. 5, 2020

Nov. 5, 2020

PACER

Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. (AF)

Nov. 5, 2020

Nov. 5, 2020

PACER
2

MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 11/5/2020. By Deputy Clerk: Aaron Blazevich. With good cause appearing, the Honorable Judge Gloria M. Navarro recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
3

Emergency MOTION for Preliminary Injunction by Plaintiffs Merchant for Congress, Chris Prudhome, Rodimer for Congress, Jill Stokke. Responses due by 11/19/2020. (Attachments: # 1 Declaration, # 2 Declaration) (OMara, David) Modified on 11/5/2020 (AF). (Entered: 11/05/2020)

1 Declaration

View on RECAP

2 Declaration

View on RECAP

Nov. 5, 2020

Nov. 5, 2020

Clearinghouse
4

MOTION to Expedite Hearing and Briefing re 3 Motion for Preliminary Injunction by Plaintiffs Merchant for Congress, Chris Prudhome, Rodimer for Congress, Jill Stokke. (OMara, David) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

RECAP
5

CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon. All further documents must bear the correct case number 2:20-cv-02046-APG-DJA. (no image attached) (AF) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
6

NOTICE of Appearance by attorney Gregory Louis Zunino on behalf of Defendant Barbara K. Cegavske. (Zunino, Gregory) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
7

NOTICE of Appearance by attorney Craig A. Newby on behalf of Defendant Barbara K. Cegavske. (Newby, Craig) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
8

STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
9

Summons Issued as to All Defendants. (JM) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
10

MOTION to Intervene as Defendants by DNC and Nevada State Democratic Party re 1 Complaint by Intervenor Defendants Democratic National Committee, Nevada State Democratic Party. Responses due by 11/20/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Schrager, Bradley) (Entered: 11/06/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 6, 2020

Nov. 6, 2020

Clearinghouse
11

ORDER. IT IS ORDERED that 4 the plaintiffs' motion to expedite hearing and briefing is GRANTED. The plaintiffs' 3 motion for temporary restraining order and preliminary injunction is set for telephonic hearing today, 11/6/2020, at 2:00 p.m. PST. IT IS FURTHER ORDERED that the defendants may file a response to the motion for preliminary injunction by 12:00 p.m. PST today. Signed by Judge Andrew P. Gordon on 11/6/2020. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

Clearinghouse
12

CERTIFICATE of Interested Parties by Democratic National Committee, Nevada State Democratic Party. There are no known interested parties other than those participating in the case (Schrager, Bradley) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
13

RESPONSE to 3 Motion for Preliminary Injunction, by Intervenor Defendants Democratic National Committee, Nevada State Democratic Party. Replies due by 11/13/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Schrager, Bradley) (Entered: 11/06/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Nov. 6, 2020

Nov. 6, 2020

RECAP
14

NOTICE of Appearance by attorney Mary-Anne M. Miller on behalf of Defendant Joseph P. Gloria. (Miller, Mary-Anne) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
15

CERTIFICATE of Interested Parties by Merchant for Congress, Chris Prudhome, Rodimer for Congress, Jill Stokke. There are no known interested parties other than those participating in the case (OMara, David) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
16

RESPONSE to 3 Motion for Preliminary Injunction, by Defendant Barbara K. Cegavske. Replies due by 11/13/2020. (Newby, Craig) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
17

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John M. Devaney and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-6246405) by Intervenor Defendants Democratic National Committee, Nevada State Democratic Party. (Schrager, Bradley) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
18

CERTIFICATE OF SERVICE for 3 Motion for Preliminary Injunction, 1 Complaint,, 11 Order on Motion to Expedite,,, 4 Motion to Expedite by Plaintiffs Merchant for Congress, Chris Prudhome, Rodimer for Congress, Jill Stokke. (OMara, David) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
19

DECLARATION re 16 Response by Defendant Barbara K. Cegavske. (Zunino, Gregory) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
20

MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 11/6/2020. Todays 2 p.m. hearing inStokke et al. v. Cegavske et al. (2:20-cv-2046)is TELEPHONIC ONLYIT WILL NOT BE HELD IN THE COURTROOM.Public and Media may attend the hearing by calling either:(877) 336-1831 and entering Access Code 6948860 or(888) 808-6929 and entering Access Code 2178469Be advised that recording, taping, streaming, or otherwise broadcasting district court hearings is expressly prohibited by this Courts General Order 2017-02 and Judicial Conference policy. So recording, taping, streaming, or otherwise broadcasting the audio or any photograph or video of this hearing for public dissemination is prohibited.(no image attached) (Copies have been distributed pursuant to the NEF - KSR) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
21

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Marc E Elias and Abha Khanna to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 11/20/2020. (no image attached) (EDS) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
22

Motion for Leave to Appear as Amicus Curiae by Amicus Clark County Democratic Party. (Kern, Robert) Modified on 11/6/2020 (EDS). (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
23

CLERK'S NOTICE. Attorney Action Required to ECF No. 22 Motion for Leave to Appear as Amicus Curiae. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile the Motion for Leave to File Amicus Curiae Brief and the Brief of Amicus Curiae Opposing the Grant of a Preliminary Injunction contained in ECF No. 22 as separate entries. (no image attached) (EDS) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
24

MOTION for Leave to File Amicus Brief re 3 Motion for Preliminary Injunction, by Amicus Clark County Democratic Party. (Attachments: # 1 Supplement Amicus Brief) (Kern, Robert) (Entered: 11/06/2020)

1 Supplement Amicus Brief

View on PACER

Nov. 6, 2020

Nov. 6, 2020

PACER
25

PROPOSED BRIEF re 3 Motion for Preliminary Injunction, 24 Motion for Leave to File Document by Amicus Clark County Democratic Party. (Kern, Robert) Modified on 11/6/2020 (EDS). (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
26

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Abha Khanna and DESIGNATION of Local Counsel Bradley S. Schrager (Filing fee $ 250 receipt number 0978-6247297) by Intervenor Defendants Democratic National Committee, Nevada State Democratic Party. (Schrager, Bradley) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
27

MINUTES OF PROCEEDINGS - Video Motion Hearing held on 11/6/2020 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: David OMara; Def Counsel: John Devaney, Mary-Anne Miller, Aaron Ford, Bradley Schrager, Craig Newby, Daniel Bravo, Gregory Louis Zunino, Jessica Adair AGO, Kyle George, Wayne Thorley; Court Reporter: Heather Newman; Time of Hearing: 2:08 p.m. - 4:12 p.m.; Courtroom: 6C; The court makes preliminary remarks and hears arguments of counsel regarding plaintiffs' emergency motion for temporary restraining order and motion for preliminary injunction ECF No. 3 . As stated on the record, the motion for temporary restraining order and motion for preliminary injunction ECF No. 3 are denied. The motion to intervene by defendants DNC and Nevada State Democratic Party ECF No. 10 is granted. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

Standing Order

Nov. 6, 2020

Nov. 6, 2020

PACER

Order on Motion to Intervene AND Order on Motion for Preliminary Injunction

Nov. 7, 2020

Nov. 7, 2020

PACER
28

ORDER approving ECF No. 17 Verified Petition for Permission to Practice Pro Hac Vice as to attorney John M. Devaney and approving Designation of Local Counsel Bradley S. Schrager. Signed by Judge Andrew P. Gordon on 11/9/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LW) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
29

ORDER approving ECF No. 26 Verified Petition for Permission to Practice Pro Hac Vice as to attorney Abha Khanna and approving Designation of Local Counsel Bradley S. Schrager. Signed by Judge Andrew P. Gordon on 11/9/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LW) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
30

TRANSCRIPT of Proceedings, 27 Order on Motion for Preliminary Injunction,,,,, Order on Motion to Intervene,,,,, Motion Hearing,,,, held on 11/06/2020, before Judge Andrew P. Gordon. Court Reporter: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 12/8/2020. Redacted Transcript Deadline is set for 12/18/2020. Release of the Transcript Restriction is set for 2/15/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the Court Reporter. Transcript Order form is available on court website. After that date it may be obtained through the Court Reporter or PACER. (HKN) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

Clearinghouse
31

NOTICE of Voluntary Dismissal by Plaintiffs Merchant for Congress, Chris Prudhome, Rodimer for Congress, Jill Stokke. (OMara, David) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

RECAP

Terminated Case

Nov. 24, 2020

Nov. 24, 2020

PACER

Civil Case Terminated pursuant to 31 Notice of Voluntary Dismissal. (JM)

Nov. 24, 2020

Nov. 24, 2020

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 5, 2020

Closing Date: Nov. 24, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered voter in Clark County, Nevada; a member of the media who observed the counting of the ballots in the November 3, 2020 election in Clark County, Nevada; a candidate committee for a candidate who ran for Nevada’s Fourth Congressional District for the United States Congress; and a candidate committee for a candidate who ran for Nevada’s Third Congressional District for the United States Congress.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Nevada, State

Clark County Registrar of Voters, County

DNC and Nevada State Democratic Party, Political Party

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Election administration

Voting: General & Misc.