Case: Craig v. Simon

0:20-cv-02066 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 28, 2020

Closed Date: Feb. 4, 2021

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Case Summary

Plaintiffs included the incumbent representative for Minnesota’s United States 2nd Congressional District seeking re-election and a voter in the district (“Incumbent/Voter.”) The Defendant was the Minnesota Secretary of State (“Secretary.”) The Intervenor was the Republican candidate for the November 3, 2020 election for Minnesota’s 2nd United States Congressional District (“Second Candidate.”) A third major political party candidate for Minnesota’s 2nd Congressional District Representative d…

A third major political party candidate for Minnesota’s 2nd Congressional District Representative died on September 21, 2020 (“Deceased Candidate”) after absentee voting began for the November election. After the Deceased Candidate’s death, the Secretary advised that the November 3, 2020, election would not be certified and a special election would need to take place in February 2021, pursuant to state law based on the timing of the Deceased Candidate’s death. See Minn. Stat. § 204B.11

Plaintiffs filed suit in the U.S. District Court for the District of Minnesota on September 28, 2020, seeking declaratory relief to confirm that the postponement provisions of the Minnesota state law based on the Deceased Candidate’s death were unlawful and preempted by federal law, and injunctive relief in the form of prohibiting the Secretary from enforcing the postponement provisions of the state law and to allow the November 3, 2020 election to proceed as required by Federal law. Plaintiffs filed a motion for a preliminary injunction seeking to prevent the defendants from postponing the November 3, 2020 election in the 2nd Congressional district on September 29, 2020. The Second Candidate then intervened on September 30, 2020 in an effort to joint the suit as a defendant and delay the expedited hearing on the preliminary injunction. The case was initially assigned to District Judge Wilhelmina Marie Wright and later referred to District Judge Tony N. Leung.

On October 9, 2020, the District Court granted plaintiffs' motion for a preliminary injunction and the Second Candidate’s intervention. 493 F.Supp.3d 773. Specifically, the District Court enjoined the Secretary from refusing to give legal effect to the ballots cast in the November 3, 2020 election and ordered the Secretary not to impede the right of Minnesota voters to vote in the November election by communicating to voter’s that their ballots would not be counted.

The Secretary announced unofficial results from the November election as follows: 48.18 % for the Incumbent, 45.92 % for the Second Candidate and 5.83% for the Deceased Candidate. The Second Candidate then filed an appeal with the U.S. Court of Appeals for the Eighth Circuit. The case was assigned to Circuit Judges Loken, Colloton, and Benton. On October 23, 2020, the Eighth Circuit denied the Second Candidate's motion for a stay but granted an expedited appeal. 978 F.3d 1043. The Eighth Circuit found that plaintiffs were likely to succeed on their claim that the Minnesota statute at issue cancelling the election and deviating from the uniform election date was preempted by federal law. The court also noted that under Minnesota law, voters had until October 20, 2020, eleven days after the district court's order, to cancel their ballot and request a new ballot or vote in person if they undervoted.

On November 20, 2020, the Eighth Circuit upheld the injunction and agreed with the district court that the Minnesota state statute’s postponement provision was likely preempted by federal law which establishes a uniform date for congressional elections. 980 F.3d 614. Further the Eighth Circuit stated that even assuming federal law would “permit a State to cancel an election and thereby produce a ‘failure to elect’ in certain extraordinary situations” federal law “would allow that course only in truly ‘exigent’ circumstances.’” In addition, the death of the Deceased Candidate was not likely the sort of exigent circumstances that would permit the State to refrain from holding an election for a congressional represenative on November 3, 2020, as required by federal law. Finally, the unofficial results from the election did not suggest that a representative was not elected.

The Eighth Circuit also clarified that the district court made no error in determining that the plaintiffs and Second Candidate would have suffered irreparable harm without an injunction as the 2nd District would have been left without representation in the House of Representatives between the end of the incumbent’s term in January 2021 and the seating of a new representative after the special election in February 2021. Further, since the likelihood of success on the Complaint was great, the balance of harms and public interest did not weigh against granting the injunction.

On February 4, 2021, the action was dismissed without prejudice based on a stipulation of the parties. No costs or disbursements were awarded to any party. This case is closed.

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Summary Authors

Holly Dutton (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18482044/parties/craig-v-simon/

Judge(s)

Attorney for Plaintiff

Arora, Nitika (Minnesota)

Collins, Rachel Ann (Minnesota)

Elias, Marc E (Minnesota)

Hamilton, Kevin J. (Minnesota)

Attorney for Defendant

Hartshorn, Nathan J (Minnesota)

Expert/Monitor/Master/Other

Judge(s)

Wright, Wilhelmina Marie (Minnesota)

Attorney for Plaintiff

Arora, Nitika (Minnesota)

Collins, Rachel Ann (Minnesota)

Elias, Marc E (Minnesota)

Hamilton, Kevin J. (Minnesota)

Hill, Laura (Minnesota)

Nauen, Charles N (Minnesota)

Ramirez, Joel J. (Minnesota)

Simpkins, Holly Marie (Minnesota)

Zoll, David J (Minnesota)

Attorney for Defendant

Hartshorn, Nathan J (Minnesota)

Sloan, Alexander Robertson (Minnesota)

Expert/Monitor/Master/Other

Holth, Jeffrey K (Minnesota)

LeBeau, Rondell Reid (Minnesota)

Pachito, Benjamin Nashoba (Minnesota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 0:20-cv-02066	Complaint	Sept. 28, 2020	Sept. 28, 2020 Complaint
17 0:20-cv-02066	Declaration of Angela Craig in Support of Plaintiffs' Motion for Preliminary Injunction	Sept. 29, 2020	Sept. 29, 2020 Declaration/Affidavit
16 0:20-cv-02066	Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction Expedited Handling Requested Under Local Rule 7.1 (d)	Sept. 29, 2020	Sept. 29, 2020 Pleading / Motion / Brief
14 0:20-cv-02066	Plaintiff's Motion for Preliminary Injunction	Sept. 29, 2020	Sept. 29, 2020 Pleading / Motion / Brief
81 0:20-cv-02066	Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction	Sept. 29, 2020	Sept. 29, 2020 Pleading / Motion / Brief
24 0:20-cv-02066	Proposed Defendant Tyler Kistner's Motion to Intervene	Sept. 30, 2020	Sept. 30, 2020 Pleading / Motion / Brief
26 0:20-cv-02066	Memorandum in Support of Proposed Defendant Tyler Kistner's Motion to Intervene Craig, Et Al v. Simon, Et Al	Sept. 30, 2020	Sept. 30, 2020 Pleading / Motion / Brief
52 0:20-cv-02066	Memorandum in Support of Motion For Stay Pending Appeal	Oct. 9, 2020	Oct. 9, 2020 Pleading / Motion / Brief
49 0:20-cv-02066	Order Granting Motion To Intervene And Granting Plaintiffs' Motion for Preliminary Injunction	Oct. 9, 2020	Oct. 9, 2020 Order/Opinion 493 F.Supp.3d 773
50 0:20-cv-02066	Notice of Appeal to 8th Circuit	Oct. 9, 2020	Oct. 9, 2020 Notice of Investigation or Suit/Demand Letter

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18482044/craig-v-simon/

Last updated Oct. 30, 2025, 10:56 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against Steve Simon (filing fee $ 400, receipt number AMNDC-8094719) filed by Angela Craig, Jenny Winslow Davies. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Nauen, Charles) (Entered: 09/28/2020) 1 Civil Cover Sheet View on PACER	Sept. 28, 2020	Sept. 28, 2020 RECAP
10	MOTION for Admission Pro Hac Vice for Attorney Kevin J. Hamilton. Filing fee $ 100, receipt number AMNDC-8095356 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
11	MOTION for Admission Pro Hac Vice for Attorney Holly M. Simpkins. Filing fee $ 100, receipt number AMNDC-8095359 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
12	MOTION for Admission Pro Hac Vice for Attorney Laura C. Hill. Filing fee $ 100, receipt number AMNDC-8095362 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
13	MOTION for Admission Pro Hac Vice for Attorney Nitika Arora. Filing fee $ 100, receipt number AMNDC-8095365 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
2	NOTICE of Appearance by David J Zoll on behalf of Angela Craig, Jenny Winslow Davies. (Zoll, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
3	NOTICE of Appearance by Rachel Ann Kitze Collins on behalf of Angela Craig, Jenny Winslow Davies. (Kitze Collins, Rachel) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
4	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per 3rd/4th Civil Rights list, referred to Magistrate Judge Tony N. Leung. Please use case number 20-cv-2066 WMW/TNL. (MMG) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
5	Summons Issued as to Steve Simon. (MMG) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
6	(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Marc Erik Elias, Joel J. Ramirez, Kevin J. Hamilton, Holly M. Simpkins, Laura C. Hill, Nitika Arora 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. (MMG) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
7	(Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
8	MOTION for Admission Pro Hac Vice for Attorney Marc E. Elias. Filing fee $ 100, receipt number AMNDC-8095352 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
9	MOTION for Admission Pro Hac Vice for Attorney Joel J. Ramirez. Filing fee $ 100, receipt number AMNDC-8095353 filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
14	MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies. (Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 RECAP
15	NOTICE OF HEARING ON MOTION 14 MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
16	MEMORANDUM in Support re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nauen, Charles) (Entered: 09/29/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Sept. 29, 2020	Sept. 29, 2020 RECAP
17	Declaration of Angela Craig in Support of 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies.(Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 RECAP
18	Declaration of Jenny Winslow Davies in Support of 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies.(Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
19	Declaration of Charles N. Nauen in Support of 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies. (Attachments: # 1 Exhibit(s) 1-2)(Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
20	PROPOSED ORDER TO JUDGE re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies.(Nauen, Charles) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
21	BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (See order for dates and details). Motion Hearing is set for 10/7/2020 at 09:00 AM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. Dial-in instructions will be sent to counsel via email. Signed by Judge Wilhelmina M. Wright on 9/29/2020. (RJE) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
22	NOTICE: Remote Public Access to 21 Motion Hearing on 10/7/2020 at 9:00 AM.To join the telephonic hearing, dial 1-888-204-5984. Use access code 1650161 and security code 2580. (RJE) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
23	TEXT ONLY ENTRY: ORDER granting 8 Motion for Admission Pro Hac Vice of Attorney Marc E Elias for Angela Craig and for Jenny Winslow Davies; granting 9 Motion for Admission Pro Hac Vice of Attorney Joel J. Ramirez for Angela Craig and for Jenny Winslow Davie; granting 10 Motion for Admission Pro Hac Vice of Attorney Kevin J. Hamilton for Angela Craig and for Jenny Winslow Davies; granting 11 Motion for Admission Pro Hac Vice of Attorney Holly Marie Simpkins for Angela Craig and for Jenny Winslow Davies; granting 12 Motion for Admission Pro Hac Vice of Attorney Laura Hill for Angela Craig and for Jenny Winslow Davies; granting 13 Motion for Admission Pro Hac Vice of Attorney Nitika Arora for Angela Craig and for Jenny Winslow Davies. Approved by Magistrate Judge Tony N. Leung on 9/30/2020. (NAH) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020
24	MOTION to Intervene filed by Tyler Kistner. (Attachments: # 1DOCUMENT FILED IN ERROR. DIRECTED TO REFILE. Exhibit(s) Exhibit A - Proposed Answer)(Holth, Jeffrey) Modified text on 10/1/2020 (CLK). (Entered: 09/30/2020) 1 DOCUMENT FILED IN ERROR. Exhibit(s) Exhibit A - Proposed Answer View on RECAP	Sept. 30, 2020	Sept. 30, 2020 RECAP
25	NOTICE OF HEARING ON MOTION 24 MOTION to Intervene : Date and time to be determined. (Holth, Jeffrey) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020
26	MEMORANDUM in Support re 24 MOTION to Intervene filed by Tyler Kistner. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Holth, Jeffrey) (Entered: 09/30/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Sept. 30, 2020	Sept. 30, 2020
27	MEET and CONFER STATEMENT re 24 Motion to Intervene filed by Tyler Kistner.(Holth, Jeffrey) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020
28	PROPOSED ORDER TO JUDGE re 24 MOTION to Intervene filed by Tyler Kistner.(Holth, Jeffrey) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020
29	NOTICE of Appearance by Jeffrey K Holth on behalf of Tyler Kistner. (Holth, Jeffrey) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020
30	NOTICE of Appearance by Benjamin Nashoba Pachito on behalf of Tyler Kistner. (Pachito, Benjamin) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 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 AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice	Sept. 30, 2020	Sept. 30, 2020
31	TEXT-ONLY ORDER: On September 30, 2020, Tyler Kistner moved to intervene in this case 24 . Kistner shall file a brief by Friday, October 2, 2020, at 12:00 p.m., addressing his position as to the pending motion for preliminary injunction 14 . Plaintiffs may respond to Kistner's position in their reply brief, if any, which is due by Monday, October 5, 2020, at 4:00 p.m., as outlined in the briefing schedule on plaintiff's motion for preliminary injunction 21 . Plaintiffs, Defendant Steve Simon, and Kistner will be permitted to argue at the hearing on the pending motion for preliminary injunction scheduled for Wednesday, October 7, 2020, at 9:00 a.m. Signed by Judge Wilhelmina M. Wright on 10/1/2020. (SMP) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
32	NOTICE of Appearance by Nathan J Hartshorn on behalf of Steve Simon. (Hartshorn, Nathan) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
33	CERTIFICATE OF SERVICE by Angela Craig, Jenny Winslow Davies re 19 Declaration in Support, 17 Declaration in Support, 14 MOTION for Preliminary Injunction - Expedited Handling Requested, 20 Proposed Order to Judge, 21 Briefing Order, 15 Notice of Hearing on Motion, 16 Memorandum in Support of Motion, 18 Declaration in Support (Nauen, Charles) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
34	MEET and CONFER STATEMENT re 14 Motion for Preliminary Injunction filed by Angela Craig, Jenny Winslow Davies.(Nauen, Charles) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
35	NOTICE of Appearance by Rondell Reid LeBeau, II on behalf of Tyler Kistner. (LeBeau, Rondell) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
36	AMENDED NOTICE of Hearing on Motion: 24 MOTION to Intervene : Motion Hearing set for 10/7/2020 at 09:00 AM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. (LeBeau, Rondell) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
37	EXHIBIT A re 24 MOTION to Intervene filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
38	AMENDED NOTICE of Hearing on Motion: 14 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 10/7/2020 at 09:00 AM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. (Nauen, Charles) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020
	Order on Motion to Intervene	Oct. 1, 2020	Oct. 1, 2020
39	MEMORANDUM in Opposition re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hartshorn, Nathan) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020
40	DECLARATION of Nathan J. Hartshorn in Opposition to 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Steve Simon. (Attachments: # 1 Exhibit(s) 1)(Hartshorn, Nathan) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020
41	MEMORANDUM in Opposition re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Tyler Kistner. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LeBeau, Rondell) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020
42	REPLY re 14 MOTION for Preliminary Injunction - Expedited Handling Requested, 41 Memorandum in Opposition to Motion, 39 Memorandum in Opposition to Motion, filed by Angela Craig, Jenny Winslow Davies. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nauen, Charles) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020
43	MOTION Leave to Call Witness re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Tyler Kistner. (LeBeau, Rondell) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020
44	PROPOSED ORDER TO JUDGE re 43 MOTION Leave to Call Witness re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020
45	RESPONSE in Opposition re 43 MOTION Leave to Call Witness re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Angela Craig, Jenny Winslow Davies. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nauen, Charles) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020
46	TEXT-ONLY ORDER: Tyler Kistner's Motion for Leave to Call Witness 43 is GRANTED IN PART AND DENIED IN PART. Kistner may not present a witness to testify at the October 7, 2020 motion hearing. Kistner may, however, file a witness affidavit on ECF no later than 2:00 p.m. on October 6, 2020. Signed by Judge Wilhelmina M. Wright on 10/6/2020. (JSN) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020
47	DECLARATION of Tim Davis in Opposition to 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 RECAP
	Order on Motion for Miscellaneous Relief	Oct. 6, 2020	Oct. 6, 2020
48	Minute Entry for proceedings held before Judge Wilhelmina M. Wright: Motion Hearing held on 10/7/2020 re 14 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Jenny Winslow Davies, Angela Craig, 24 MOTION to Intervene filed by Tyler Kistner. (Court Reporter Lori Simpson) (RJE) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 RECAP
49	ORDER GRANTING MOTION TO INTERVENE AND GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (See order for details) (Written Opinion). Signed by Judge Wilhelmina M. Wright on 10/9/2020. (RJE)	Oct. 9, 2020	Oct. 9, 2020 RECAP
50	NOTICE OF APPEAL TO 8TH CIRCUIT as to 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene by Tyler Kistner. Filing fee $ 505, receipt number AMNDC-8129695. (LeBeau, Rondell) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
51	MOTION to Stay re 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene filed by Tyler Kistner. (LeBeau, Rondell) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
52	MEMORANDUM in Support re 51 MOTION to Stay re 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene filed by Tyler Kistner. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LeBeau, Rondell) (Entered: 10/09/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on RECAP	Oct. 9, 2020	Oct. 9, 2020 RECAP
53	Declaration of William Grant in Support of 51 MOTION to Stay re 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020
54	PROPOSED ORDER TO JUDGE re 51 MOTION to Stay re 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020
55	NOTICE OF HEARING ON MOTION 51 MOTION to Stay re 49 Order on Motion for Preliminary Injunction, Order on Motion to Intervene : Date and time to be determined. (LeBeau, Rondell) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
56	TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 50 . (MMP) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
57	TEXT-ONLY ORDER: On October 9, 2020, Intervenor-Defendant Tyler Kistner moved to stay 51 this Court's Order granting Plaintiffs' motion for a preliminary injunction 49 . Motions to stay an injunction are governed by Rule 62, Fed. R. Civ. P., and Rule 8, Fed. R. App. P. A party seeking a stay pending appeal must demonstrate four factors, the most important being that they are likely to succeed on the merits of their claim. Brakebill v. Jaeger, 905 F.3d 553, 557 (8th Cir. 2018). As discussed in detail in this Court's Order granting Plaintiffs' motion for a preliminary injunction 49, Plaintiffs have demonstrated a likelihood of success on the merits of their claim that Minnesota Statutes Section 204B.13 is preempted by federal law. Because this Court concludes Plaintiffs are likely to succeed on the merits of their claim, this Court concludes that Kistner is not likely to succeed on the merits of his appeal. Therefore, Kistner's motion to stay this Court's Order granting Plaintiffs' motion for a preliminary injunction 51 is DENIED. Signed by Judge Wilhelmina M. Wright on 10/13/2020. (RJE) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
58	USCA Case Number 20-3126 for 50 Notice of Appeal to 8th Circuit. (kt) Modified text on 10/13/2020 (kt). (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
	Supplemental Notice Sent to USCA	Oct. 13, 2020	Oct. 13, 2020
	NOTICE to USCA of subsequent filing in a civil case, Re: Order on Motion to Stay 57 . (MMP)	Oct. 13, 2020	Oct. 13, 2020
	Order on Motion to Stay	Oct. 13, 2020	Oct. 13, 2020
59	MOTION for Extension of Time to File Answer re 1 Complaint, filed by Steve Simon. (Hartshorn, Nathan) (Entered: 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 RECAP
60	TEXT-ONLY ORDER: On October 16, 2020, Defendant Steve Simon filed a motion to stay the deadline 59 to respond to the complaint until 14 days after Intervenor-Defendant Tyler Kistner's pending interlocutory appeal has concluded. Plaintiffs do not oppose Simon's motion. In light of the pending appeal, Simon's motion to stay the deadline to respond to the complaint 59 is GRANTED IN PART AND DENIED IN PART. Simon's answer to Plaintiffs' complaint shall be filed no later than 7 days after the United States Court of Appeals for the Eighth Circuit has ruled on Kistner's interlocutory appeal of this Court's order granting Plaintiffs' motion for a preliminary injunction. Signed by Judge Wilhelmina M. Wright on 10/19/2020. (RJE) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020
61	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 10/19/2020) 1 Civil Notice - appeal View on RECAP	Oct. 19, 2020	Oct. 19, 2020 RECAP
	Supplemental Notice Sent to USCA	Oct. 19, 2020	Oct. 19, 2020
	NOTICE to USCA of subsequent filing in a civil case, Re: Judgment 61, Order on Motion for Extension of Time to Answer, 60, Motion for Extension of Time to File Answer 59 . (CLK)	Oct. 19, 2020	Oct. 19, 2020
	Order on Motion for Extension of Time to Answer	Oct. 19, 2020	Oct. 19, 2020
62	Opinion of USCA (electronic copy) as to 50 Notice of Appeal to 8th Circuit filed by Tyler Kistner. (kt) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020
63	TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) of 48 Motion Hearing, to Court Reporter Lori Simpson. (Nauen, Charles) (Entered: 10/29/2020)	Oct. 29, 2020	Oct. 29, 2020
64	TRANSCRIPT of Motions Hearing held on 10/7/2020 before Judge Wilhelmina M. Wright. (57 pages). Court Reporter: Lori Simpson. 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 11/6/2020. Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. (LAS) (Entered: 10/30/2020)	Oct. 30, 2020	Oct. 30, 2020
65	ORDER OF REASSIGNMENT OF RELATED CASES that 20-cv-2250 (MJD/ECW) has been reassigned to Judge Wilhelmina M. Wright and Magistrate Judge Tony N. Leung. Signed by Judge Wilhelmina M. Wright and Judge Michael J. Davis on 10/30/2020.(MKB) (Entered: 10/30/2020)	Oct. 30, 2020	Oct. 30, 2020 RECAP
66	(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 64, Order Reassigning Case 65 . (CLK) (Entered: 11/02/2020)	Nov. 2, 2020	Nov. 2, 2020
67	NOTICE THAT NO REDACTION IS REQUIRED by Angela Craig, Jenny Winslow Davies re 64 Transcript,,,,, . Attn: Court Reporter Lori Simpson. (Nauen, Charles) (Entered: 11/06/2020)	Nov. 6, 2020	Nov. 6, 2020
68	(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Notice of Intent to Request Redaction 67 . (CLK) (Entered: 11/09/2020)	Nov. 9, 2020	Nov. 9, 2020
69	Opinion of USCA (electronic copy) as to 50 Notice of Appeal to 8th Circuit filed by Tyler Kistner. (MTP) (Entered: 11/23/2020)	Nov. 20, 2020	Nov. 20, 2020 RECAP
70	USCA JUDGMENT (electronic copy) as to 50 Notice of Appeal to 8th Circuit filed by Tyler Kistner. (MTP) (Entered: 11/23/2020)	Nov. 20, 2020	Nov. 20, 2020 RECAP
71	ANSWER to Complaint filed by Steve Simon. (Hartshorn, Nathan) (Entered: 11/25/2020)	Nov. 25, 2020	Nov. 25, 2020
72	(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Answer to Complaint 71 . (CLK) (Entered: 11/25/2020)	Nov. 25, 2020	Nov. 25, 2020
73	NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 1/25/2021 at 04:00 PM in Judge's Chambers 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 12/1/2020. (Attachments: # 1 Consent Form) (HAM) (Entered: 12/01/2020)	Dec. 1, 2020	Dec. 1, 2020
74	(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Order/Notice of Setting/Resetting Hearings/Deadlines, 73 . (CLK) (Entered: 12/02/2020)	Dec. 2, 2020	Dec. 2, 2020
75	MANDATE of USCA (electronic copy) as to 50 Notice of Appeal to 8th Circuit filed by Tyler Kistner. (MMP) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020
76	(Text-Only) ORDER/NOTICE TO ATTORNEY. In recognition of the current efforts locally and nationally to protect persons from unnecessary potential exposure to COVID-19, the Pretrial Scheduling Conference in this case will be held by telephone. A call-in number will be provided by the Court. The parties are not required to conduct any applicable meet and confers in person. Ordered by Magistrate Judge Tony N. Leung on 12/18/2020. (HAM) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020
	Order/Notice to Attorney	Dec. 18, 2020	Dec. 18, 2020
77	MOTION to Withdraw as Intervenor filed by Tyler Kistner. (LeBeau, Rondell) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
78	NOTICE OF HEARING ON MOTION 77 MOTION to Withdraw as Intervenor : Date and time to be determined. (LeBeau, Rondell) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
79	MEET and CONFER STATEMENT re 77 Motion for Miscellaneous Relief filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
80	PROPOSED ORDER TO JUDGE re 77 MOTION to Withdraw as Intervenor filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
81	ORDER (See order for details.) (Written Opinion). Signed by Judge Wilhelmina M. Wright on 1/19/2021. (SMP) Modified text on 1/19/2021 (LEG).	Jan. 19, 2021	Jan. 19, 2021 RECAP
82	LETTER TO MAGISTRATE JUDGE by Steve Simon . (Hartshorn, Nathan) (Entered: 01/20/2021)	Jan. 20, 2021	Jan. 20, 2021
83	(Text-Only) NOTICE of Cancellation of Hearing: Pursuant to the 82 letter, the Pretrial Conference set for 1/25/2021 before Magistrate Judge Tony N. Leung is hereby CANCELLED. (HAM) (Entered: 01/21/2021)	Jan. 21, 2021	Jan. 21, 2021
84	RESPONSE re 81 Order to Show Cause filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 01/21/2021)	Jan. 21, 2021	Jan. 21, 2021
85	STIPULATION of Dismissal by Angela Craig, Jenny Winslow Davies. Jointly Signed by Steve Simon and Tyler Kistner. (Nauen, Charles) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021
86	PROPOSED ORDER TO JUDGE re 85 Stipulation of Dismissal. (Nauen, Charles) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021
87	ORDER FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Wilhelmina M. Wright on 2/4/2021. (RJE) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021
88	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021

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Case Details

State / Territory:

Minnesota

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 28, 2020

Closing Date: Feb. 4, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Incumbent representative for Minnesota’s United States 2nd Congressional District seeking re-election and a voter in the district & The Intervenor/Appellant was an additional candidate for the November 3, 2020, election for the Representative for Minnesota’s 2nd United States Congressional District

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

MN Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details