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

Clearinghouse coding complete

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…

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 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.

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

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Documents in the Clearinghouse

Document
1

0:20-cv-02066

Complaint

Sept. 28, 2020

Sept. 28, 2020

Complaint
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
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
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
14

0:20-cv-02066

Plaintiff's Motion for Preliminary Injunction

Sept. 29, 2020

Sept. 29, 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
24

0:20-cv-02066

Proposed Defendant Tyler Kistner's Motion to Intervene

Sept. 30, 2020

Sept. 30, 2020

Pleading / Motion / Brief
49

0:20-cv-02066

Order on Motion for Preliminary Injunction

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion

978 F.3d 978

52

0:20-cv-02066

Memorandum in Support of Motion For Stay Pending Appeal

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
50

0:20-cv-02066

Notice of Appeal to 8th Circuit

Oct. 9, 2020

Oct. 9, 2020

Notice Letter

Docket

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

Last updated March 5, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
5

Summons Issued as to Steve Simon. (MMG) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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
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

PACER
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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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)

Sept. 30, 2020

Sept. 30, 2020

Clearinghouse
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

PACER
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)

Sept. 30, 2020

Sept. 30, 2020

PACER
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

PACER

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

PACER
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

PACER
37

EXHIBIT A re 24 MOTION to Intervene filed by Tyler Kistner.(LeBeau, Rondell) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Order on Motion to Intervene

Oct. 1, 2020

Oct. 1, 2020

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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
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

PACER

Order on Motion for Miscellaneous Relief

Oct. 6, 2020

Oct. 6, 2020

PACER
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
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
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

PACER
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

PACER
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)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
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

PACER
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

Clearinghouse
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) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse

NOTICE to USCA of subsequent filing in a civil case, Re: Order on Motion to Stay 57 . (MMP)

Oct. 13, 2020

Oct. 13, 2020

PACER

Supplemental Notice Sent to USCA

Oct. 13, 2020

Oct. 13, 2020

PACER
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

PACER
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

PACER
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

PACER

Order on Motion to Stay

Oct. 13, 2020

Oct. 13, 2020

PACER
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

Supplemental Notice Sent to USCA

Oct. 19, 2020

Oct. 19, 2020

PACER

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

PACER
61

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 10/19/2020)

1 Civil Notice - appeal

View on PACER

Oct. 19, 2020

Oct. 19, 2020

PACER
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

PACER

Order on Motion for Extension of Time to Answer

Oct. 19, 2020

Oct. 19, 2020

PACER
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

PACER
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

PACER
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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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

Clearinghouse
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

PACER
71

ANSWER to Complaint filed by Steve Simon. (Hartshorn, Nathan) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Order/Notice to Attorney

Dec. 18, 2020

Dec. 18, 2020

PACER
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

Clearinghouse
87

Order Dismissing Case

Feb. 4, 2021

Feb. 4, 2021

Clearinghouse
88

Judgment (Clerk's Office Only)

Feb. 5, 2021

Feb. 5, 2021

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

Non-DOJ federal government 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

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

New Election

Voting Process Changes

Order Duration: 2020 - 2021

Issues

Voting:

Election administration

Voting: General & Misc.