Case: Johnson v. Krebs

4:18-cv-04108 | U.S. District Court for the District of South Dakota

Filed Date: Aug. 29, 2018

Closed Date: June 28, 2019

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Case Summary

This case is about infringement of the right of free speech, the fundamental right to vote, and the right of association as it relates to the Constitution Party, a minority political party, to be represented on South Dakota’s state ballot in the November 2018 South Dakota state election. On October 26, 2012 the Constitution Party filed a Statement of Organization with a particular individual as Chairman and Treasurer, whom was subsequently replaced as Party Chair in 2016. The new Chairman was u…

On October 26, 2012 the Constitution Party filed a Statement of Organization with a particular individual as Chairman and Treasurer, whom was subsequently replaced as Party Chair in 2016. The new Chairman was unable to obtain certain internal documents from the previous, which led to an internal struggle and confusion as to whom was the Chairman of the party, a struggle which extended into 2018 leading up to the State conventions to nominate a Party candidate. A new Chairman was allegedly elected in mid-summer 2018, and the Constitution Party held multiple conventions to nominate candidates for various electoral positions, including Governor. On August 1, 2018, the Republican Party filed a writ of prohibition with the Secretary of State’s office to keep the Constitution Party’s nominees off the ballot in the 2018 election. The then-acting Chairman discussed such writ with the Secretary of State, whom allegedly provided information to the Chairman indicating that the Constitution Party would be on the 2018 ballot. The Chairman also discussed submitting an updated Board organization to the Secretary of State for clarity due to the past turmoil within the Board, but the Secretary of State allegedly advised against it as it would confuse the issues at the hearing. During this time there was substantial confusion as to which of the two purported gubernatorial candidates complied with statutory requirements in order to qualify to be on the ballot. As a result, the Chairman informed members they did not need to attend a hearing on the writ of prohibition. On August 15, 2018, an attorney for the Republican party subpoenaed the perceived Board of the Constitution Party by mail one day prior to when the hearing was to occur, which was not received by one appointed Board member until the day after the hearing took place. As a result of the late mailing and the purported confusion over who constituted the Constitution Party Board, the Assistant Attorney General whom the Constitution Party understood to represent their interests at the hearing did not ask for an enlargement of time so that a key member of the Constitution Party Board could attend hearing. Thus, the Constitution Party supposedly had no representation at the hearing, and the subsequent ruling by Judge DeVaney of the Sixth Judicial Circuit kept the Constitution Party off the ballot because of the failure to comply with the statutory requirements. However, there were, in fact, two members of the Constitution who did attend the hearing, including one of the Constitution Party Gubernatorial candidates.

On August 29, 2018, two members of the Constitution Party filed a lawsuit in the U.S. District Court of South Dakota against the South Dakota Secretary of State. The plaintiffs claimed that Secretary of State’s failure to provide equal ballot access unfairly impaired their rights of free speech, the fundamental right to vote, and the right to free association under the First and Fourteenth Amendments of the U.S. Constitution. The plaintiffs filed this action pro se and sought declaratory and injunctive relief and attorneys’ fees. With their complaint, the plaintiffs also moved for a preliminary and permanent injunction that would prevent the Secretary of State from enforcing the ruling of Judge DeVaney and to order the Secretary of State to certify the nomination of Statewide Constitution Party Candidates for various political positions.

On August 31, 2018, the plaintiffs filed a motion for preliminary injunction to enjoin the Secretary of State from printing ballots so that the Constitution Party could nominate their state candidates under SDCL 12-5-21. On September 13, 2018, the Attorney General was issued a summons to join the case as a defendant with the Secretary of State.

On September 21, the Secretary of State and Attorney General filed a motion to dismiss asserting insufficient process and lack of jurisdiction and the plaintiffs filed their own motion for summary judgment, both motions of which were supported by various affidavits of fact from the respective parties. The court subsequently denied the motion to dismiss at the motion hearing held on September 27, 2018.

On September 27, a Constitution Party member filed a motion to intervene, a joinder to the defendants motion to dismiss, and his own complaint claiming that his rights to run for Governor were denied due to the fact that the plaintiffs were not properly appointed members of the Constitution Party at the time the Sixth Circuit denied the Constitution Party’s ballot access, and due to the Secretary of State’s prevention of the Gubernatorial candidate’s opportunity to run for Governor.

On October 1, 2018, the court denied the plaintiffs' motion for a preliminary injunction and granted the motion to intervene. Judge Lange ruled that despite the difference in relief sought, the intervenor’s claim was appropriate because the relief related to the same occurrence and the questions of law and fact are common. On the motion for a preliminary injunction, Judge Lange found that the balance of harms favored denying the injunction, as enjoining the ballot printing or distribution process at this late of a point would risk chaos and disruption in the voting process and would subvert the South Dakota statutory scheme for orderly conduct of elections. Further, Judge Lange agreed with Judge DeVaney’s determination that if the plaintiff and intervenor gubernatorial candidates both failed to comply with the statutory preconditions to be on the November 2018 ballot, then they both lacked standing. Additionally, Judge Lange held that the likelihood of succeeding on the merits is remote due to Supreme Court precedent that disputes over political party governance is not for courts to decide. Lastly, Judge Lange held that there is a compelling public interest in orderly election processes, which in this case favors allowing absentee voting to continue and for ballots to remain as printed. 2018 WL 4696754.

On November 13, 2018, the intervenor plaintiff filed a discovery request for certain documents and followed up that request with on November 15, 2018 by filing their own motion for summary judgment request that the court place the Constitution Party back in the position it was in in February 2018 in order to participate in the 2022 election cycle. In response to the discovery request, the defendant filed a motion for a protective order for undue burden on November 30, 2018. The court subsequently granted the motion for a protective order as any discovery requests was premature and that the defendant’s previous motion to dismiss will likely dispose of the case. 2019 WL 162742.

On January 15, 2019, the prior acting Secretary of State had been terminated, and the court granted the motion to substitute the party defendant for the then-current Secretary of State.

On January 29, 2019, the court, citing its previous order denying preliminary injunctive relief, denied the defendant’s motion to dismiss, denied the plaintiff’s motion for summary judgment and denied the intervenor plaintiff’s motion for summary judgement.

On June 28, 2019, the court granted the then-current Secretary of State’s motion to dismiss and concluded that the various efforts by the intervenor plaintiff to amend his complaints and implicate various other defendants were conclusory in nature and were dismissed for failure to state a claim. On the original plaintiff, who also sought to be placed on the ballot as a gubernatorial candidate, the court ruled that issue preclusion bars such a claim and that the issue of placement on the 2018 ballot is moot. The court relied on principles of federalism that Judge DeVaney’s ruling that the Constitution Party had not complied with the state statutory scheme should be given deference. Further, the court ruled the issue of being placed on the 2018 ballot was moot because the 2018 election already took place. 2019 WL 2718379.

This case is closed.

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Summary Authors

(4/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7772763/parties/johnson-v-krebs/

Judge(s)

Lange, Roberto Antonio (South Dakota)

Attorney for Plaintiff

Hubbel, Lora (South Dakota)

Johnson, G. Matt (South Dakota)

LaFleur, Terry Lee (South Dakota)

Attorney for Defendant

Jasper, Kirsten E. (South Dakota)

Judge(s)

Lange, Roberto Antonio (South Dakota)

Attorney for Plaintiff

Hubbel, Lora (South Dakota)

Johnson, G. Matt (South Dakota)

LaFleur, Terry Lee (South Dakota)

Attorney for Defendant

Jasper, Kirsten E. (South Dakota)

Mines-Bailey, Ann F. (South Dakota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
001 4:18-cv-04108	Complaint	Aug. 29, 2018	Aug. 29, 2018 Complaint
008 4:18-cv-04108	Memorandum in Support of Plaintiff's Motion for Preliminary Injunction	Aug. 31, 2018	Aug. 31, 2018 Pleading / Motion / Brief
007 4:18-cv-04108	Motion to Prevent the Printing of Ballots Until Case is Heard	Aug. 31, 2018	Aug. 31, 2018 Pleading / Motion / Brief
015 4:18-cv-04108	Amended Complaint	Sept. 13, 2018	Sept. 13, 2018 Complaint
020 4:18-cv-04108	Defendants' Motion to Dismiss	Sept. 21, 2018	Sept. 21, 2018 Pleading / Motion / Brief
022 4:18-cv-04108	Affidavit for the Plaintiffs	Sept. 21, 2018	Sept. 21, 2018 Declaration/Affidavit
023 4:18-cv-04108	Defendants' Brief in Support of Motion to Dismiss	Sept. 21, 2018	Sept. 21, 2018 Pleading / Motion / Brief
024 4:18-cv-04108	Affidavit of Shantel Krebs	Sept. 21, 2018	Sept. 21, 2018 Declaration/Affidavit
033 4:18-cv-04108	Opinion and Order Denying Preliminary Injunctive Relief	Oct. 1, 2018	Oct. 1, 2018 Order/Opinion 2019 WL 4696754
036 4:18-cv-04108	Defendants' Brief in Support of Motion to Stay	Oct. 12, 2018	Oct. 12, 2018 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7772763/johnson-v-krebs/

Last updated Aug. 9, 2025, 9:09 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by G. Matt Johnson, Lora Hubbel. (JLS) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 Clearinghouse
2	CIVIL COVER SHEET. (JLS) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
3	Filing Fee Received from G. Matt Johnson. Fee Amount: $200, Receipt No.: #SDX400047857. Filing Fee Received from Lora Hubbel. Fee Amount: $200, Receipt No.: #SDX400047858. (JLS) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
4	Summons Issued as to Shantel Krebs. 1 original summons, 3 A085s, one Rule 73 memo, and Rule 4 delivered to plaintiffs via hand-delivery. (JLS) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
5	New Case LETTER with enclosed copy of the docket sheet sent by Clerk's Office to G. Matt Johnson and Lora Hubbel. (JLS) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
6	RETURN OF SERVICE Executed upon Defendant Shantel Krebs (JLS) (Entered: 08/30/2018)	Aug. 30, 2018	Aug. 30, 2018 PACER
7	MOTION to prevent the printing of ballots until this case is heard by Lora Hubbel, G. Matt Johnson. (SLW) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 Clearinghouse
8	MEMORANDUM in Support re 7 MOTION for Preliminary Injunction. (SLW) Modified text on 9/4/2018 (SLW). (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 Clearinghouse
9	MOTION to Electronically File Documents. Pro se party Lora Hubbel will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (SLW) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
10	ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Lawrence L. Piersol for all further proceedings. U.S. District Judge Karen E. Schreier no longer assigned to case. Signed by U.S. District Judge Karen E. Schreier on 9/4/18. (SLW) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
11	ORDER OF RECUSAL. U.S. District Judge Lawrence L. Piersol recused. Signed by U.S. District Judge Lawrence L. Piersol on 9/5/18. (DJP) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
12	ORDER REASSIGNING CASE. Judge Lawrence L. Piersol no longer assigned to case. Signed by Chief Judge Jeffrey L. Viken on 9/5/18. (SB) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
13	ORDER granting 9 Motion to Electronically File Documents in CM/ECF. The Clerks Office shall arrange to train the pro se filer on how to e-file documents and issue the pro se filer a CM/ECF login and password after the training is completed. The ability of the pro se filer to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Roberto A. Lange on 9/11/18. (Lange, Roberto) (Entered: 09/11/2018)	Sept. 11, 2018	Sept. 11, 2018 PACER
14	ORDER Regarding Service and Answer/Response. Signed by U.S. District Judge Roberto A. Lange on 9/12/18. (JLS) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 PACER
15	AMENDED COMPLAINT filed by G. Matt Johnson, Lora Hubbel. (Attachments: # 1 Ex A - Timeline sent to Krebs July 20, # 2 Ex B - Judgment Granting Peremptory Writ of Prohibition in Circuit Court, # 3 Ex C - June 21 Board meeting minutes with proof Krebs received them) (DJP) (Entered: 09/13/2018) 1 Ex A - Timeline sent to Krebs July 20 View on PACER 2 Ex B - Judgment Granting Peremptory Writ of Prohibition in Circuit Court View on RECAP 3 Ex C - June 21 Board meeting minutes with proof Krebs received them View on PACER	Sept. 13, 2018	Sept. 13, 2018 Clearinghouse
16	Summons Issued as to Marty Jackley. one original summons, one A085, and one Rule 73 memo handed to Plaintiffs(DJP) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 PACER
17	RETURN OF SERVICE as to Attorney General, Marty Jackley. (Attachments: # 1 Certified Mail Receipt, # 2 Stamped Envelope)(JLS) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 PACER
18	NOTICE of Appearance by Kirsten E. Jasper on behalf of Shantel Krebs. (Jasper, Kirsten) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
19	NOTICE of Appearance by Ann F. Mines-Bailey on behalf of Shantel Krebs. (Mines-Bailey, Ann) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
20	MOTION to DISMISS by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 Clearinghouse
21	MOTION for SUMMARY JUDGMENT by Lora Hubbel, G. Matt Johnson. (Attachments: # 1 Certified Mail Receipt) (JLS) (Entered: 09/21/2018) 1 Certified Mail Receipt View on PACER	Sept. 21, 2018	Sept. 21, 2018 PACER
22	AFFIDAVIT in Support re 21 MOTION for SUMMARY JUDGMENT filed by Lora Hubbel, G. Matt Johnson. (JLS) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 Clearinghouse
23	MEMORANDUM in Support re 20 MOTION to DISMISS filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 Clearinghouse
24	AFFIDAVIT of Shantel Krebs re 23 Memorandum in Support of Motion, 20 MOTION to DISMISS . (Mines-Bailey, Ann) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 Clearinghouse
25	AFFIDAVIT of Ann F. Mines Bailey re 23 Memorandum in Support of Motion, 20 MOTION to DISMISS . (Attachments: # 1 Exhibit A - Case Information, # 2 Exhibit B - Application for Writ of Prohibition, # 3 Exhibit C - Alternative Writ of Prohibition, # 4 Exhibit D - Judgment Granting Peremptory Writ of Prohibition, # 5 Exhibit E - Amended Judgment Granting Peremptory Writ of Prohibition, # 6 Exhibit F - Notice of Appeal) (Mines-Bailey, Ann) (Entered: 09/21/2018) 1 Exhibit A - Case Information View on PACER 2 Exhibit B - Application for Writ of Prohibition View on PACER 3 Exhibit C - Alternative Writ of Prohibition View on PACER 4 Exhibit D - Judgment Granting Peremptory Writ of Prohibition View on PACER 5 Exhibit E - Amended Judgment Granting Peremptory Writ of Prohibition View on PACER 6 Exhibit F - Notice of Appeal View on PACER	Sept. 21, 2018	Sept. 21, 2018 PACER
26	SCHEDULING ORDER: Motion Hearing set for 9/27/2018 at 10:00 AM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Roberto A. Lange Signed by U.S. District Judge Roberto A. Lange on 09/24/2018. (LH) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
27	FILED IN ERROR; RESPONSE to Motion re 20 MOTION to DISMISS filed by Lora Hubbel. (Attachments: # 1 Attachment date correction) (Hubbel, Lora) Modified on 9/25/2018 (SST). (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
28	RETURN OF SERVICE upon Defendant Shantel Krebs and Attorney General Marty Jackley. (JLS) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 PACER
29	AMENDED COMPLAINT filed by Lora Hubbel. (Attachments: # 1 Exhibit A - Timeline, # 2 Exhibit B - Lederman Service, # 3 Exhibit C -July 21 Minutes) (Hubbel, Lora) Modified text on 9/25/2018 (SST). (Entered: 09/25/2018) 1 Exhibit A - Timeline View on PACER 2 Exhibit B - Lederman Service View on PACER 3 Exhibit C - July 21 Minutes View on PACER	Sept. 25, 2018	Sept. 25, 2018 PACER
	NOTICE of Filing Error: 27 Response to Motion was filed in error and should be disregarded. (Hubbel, Lora)	Sept. 25, 2018	Sept. 25, 2018 PACER
30	RESPONSE to Motion re 20 MOTION to DISMISS filed by Lora Hubbel. (Attachments: # 1 Attachment Date correction) (Hubbel, Lora) (Entered: 09/25/2018) 1 Attachment Date correction View on PACER	Sept. 25, 2018	Sept. 25, 2018 PACER
31	MOTION to Intervene and Joinder of Defendant's Motion to Dismiss by Terry Lee LaFleur. (Attachments: # 1 Ex A - 2/2/17 Hubbel Memo to Constitution Party Board Members, # 2 Ex B (Unreadable document received 7/13/18 by SD Sec of State (best scan), # 3 Ex F - Campaign Finance Reporting Systems, # 4 Ex G - By-Laws of Constitution Party for 2016-2020, # 5 Ex H - 7/30/18 ltr to Lori Stacey, # 6 Ex G2 - 8/6/18 ltr from Gunn to Constitution Party, # 7 Ex 3 - 7/21/18 memo from Bergan tendering resignation, # 8 Ex 4 - Internet Page, # 9 Ex K - 7/27/18 ltr from Krebs to Lederman with additional documents) (DJP) (Entered: 09/27/2018)	Sept. 27, 2018	Sept. 27, 2018 PACER
32	Motion Hearing held on 9/27/2018 re 7 MOTION for Preliminary Injunction filed by G. Matt Johnson, Lora Hubbel, 20 MOTION to DISMISS filed by Shantel Krebs, 31 MOTION to Intervene and Joinder of Defendant's Motion to Dismiss filed by Terry Lee LaFleur before U.S. District Judge Roberto A. Lange.. (Court Reporter: Jill Connelly) (DJP) (Entered: 09/27/2018)	Sept. 27, 2018	Sept. 27, 2018 PACER
33	OPINION AND ORDER denying 7 Motion for Preliminary Injunction; granting 31 Motion to Intervene. Signed by U.S. District Judge Roberto A. Lange on 10/1/18. (DJP) (Entered: 10/01/2018)	Oct. 1, 2018	Oct. 1, 2018 Clearinghouse
34	MOTION to Extend Deadlines to File Reply Brief by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 10/05/2018)	Oct. 5, 2018	Oct. 5, 2018 PACER
35	MOTION to Stay by Shantel Krebs. (Jasper, Kirsten) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 PACER
36	MEMORANDUM in Support re 35 MOTION to Stay filed by Shantel Krebs. (Jasper, Kirsten) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 Clearinghouse
37	REPLY to Motion Response re 20 MOTION to DISMISS filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 10/15/2018)	Oct. 15, 2018	Oct. 15, 2018 PACER
38	AFFIDAVIT of Ann F. Mines Bailey re 20 MOTION to DISMISS . (Attachments: # 1 Exhibit G - Transcript of Motion Hearing CIV 18-147, # 2 Exhibit H - Memorandum in Support of Application for Writ of Prohibition, # 3 Exhibit I - Pretrial Brief, # 4 Exhibit J - Motion for Intervention, # 5 Exhibit K - Order Dismissing Appeal) (Mines-Bailey, Ann) (Entered: 10/15/2018) 1 Exhibit G - Transcript of Motion Hearing CIV 18-147 View on PACER 2 Exhibit H - Memorandum in Support of Application for Writ of Prohibition View on PACER 3 Exhibit I - Pretrial Brief View on PACER 4 Exhibit J - Motion for Intervention View on PACER 5 Exhibit K - Order Dismissing Appeal View on PACER	Oct. 15, 2018	Oct. 15, 2018 Clearinghouse
39	ORDER granting 34 Motion to Extend Deadline for Defendant's Brief to October 19,2018. Signed by U.S. District Judge Roberto A. Lange on 10/18/18. (Lange, Roberto) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 PACER
40	ORDER denying 35 Motion to Stay. Signed by U.S. District Judge Roberto A. Lange on 10/26/2018. (KLE) (Entered: 10/26/2018)	Oct. 26, 2018	Oct. 26, 2018 PACER
41	RESPONSE to 40 Order Denying Motion to Stay Response filed by Lora Hubbel. (Attachments: # 1 Exhibit 1 - Rule 24, # 2 Exhibit A - Time line) (Hubbel, Lora) Modified text on 11/8/2018 (SST). (Entered: 11/08/2018)	Nov. 8, 2018	Nov. 8, 2018 PACER
42	RESPONSE to Motion re 21 MOTION for SUMMARY JUDGMENT filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/08/2018)	Nov. 8, 2018	Nov. 8, 2018 Clearinghouse
43	STATEMENT OF DISPUTED MATERIAL FACTS re 21 Motion for Summary Judgment filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/08/2018)	Nov. 8, 2018	Nov. 8, 2018 RECAP
44	DEMAND FOR JURY TRIAL by Terry Lee LaFleur. (KLE) (Entered: 11/13/2018)	Nov. 13, 2018	Nov. 13, 2018 PACER
45	Intervenor's Response with Exhibits and MOTION for Judicial Notice by Terry Lee LaFleur. (Attachments: # 1 Exhibit A- Letter, # 2 Exhibit B- Sheriff's Return, # 3 Exhibit C- Statement of Organization, # 4 Exhibit D- Letter, # 5 Exhibit E- South Dakota Secretary of State website, # 6 Exhibit F- Statement of Organization Approved Email, # 7 Exhibit G- Email, # 8 Exhibit H- Email, # 9 Exhibit I- Braun Law, # 10 Exhibit J- Motion to Withdraw, # 11 Exhibit K- Statement of Organization) (KLE) (Entered: 11/13/2018)	Nov. 13, 2018	Nov. 13, 2018 PACER
46	MOTION for SUMMARY JUDGMENT by Terry Lee LaFleur. (KLE) (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 Clearinghouse
47	BRIEF in Support by of 46 MOTION for SUMMARY JUDGMENT by Intervenor Plaintiff Terry Lee LaFleur (KLE). (Main Document 47 replaced on 11/16/2018) (KLE). (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 Clearinghouse
48	RESPONSE to 46 Motion for Summary Judgment filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 Clearinghouse
49	MOTION for Protective Order by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
50	MEMORANDUM in Support re 49 MOTION for Protective Order filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
51	RESPONSE to 46 Motion for Summary Judgment containing Statement of Material Facts and Defendant's Statement of Material Facts filed by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 Clearinghouse
52	REPLY to Motion Response re 46 MOTION for SUMMARY JUDGMENT filed by Terry Lee LaFleur. (KLE) (Entered: 12/06/2018)	Dec. 6, 2018	Dec. 6, 2018 Clearinghouse
53	FILED IN ERROR: RESPONSE to 49 Motion for Protective Order Plaintiff's Response to Defendant's Response to Intervenor's Stmt of Material facts filed by Lora Hubbel. (Attachments: # 1 Attachment, # 2 Attachment) (Hubbel, Lora) Modified text on 12/11/2018 (SST). (Entered: 12/11/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
	Notice of Filing Error	Dec. 11, 2018	Dec. 11, 2018 PACER
54	FILED IN ERROR: RESPONSE to 51 RESPONSE re 46 MOTION for Summary Judgment Plaintiff's Response to Defendant's Response to Intervenor's Stmt of Material facts filed by Lora Hubbel. (Hubbel, Lora) Modified text and linkage on 12/11/2018 (SST). Modified text on 12/12/2018 (SST). (Entered: 12/11/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
	NOTICE of Filing Error: 53 Response was filed in error and should be disregarded. (Hubbel, Lora)	Dec. 11, 2018	Dec. 11, 2018 PACER
55	FILED IN ERROR: RESPONSE to 49 Motion for Protective Order Plaintiff's Response to Defendant's Brief in Support of Motion for Protective Order filed by Lora Hubbel. (Attachments: # 1 Attachment display 1-5, # 2 Attachment display 6-12) (Hubbel, Lora) Modified text on 12/12/2018 (SST). (Entered: 12/11/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
	NOTICE of Filing Error: 54 Response, 55 Response, was filed in error and should be disregarded. (Hubbel, Lora)	Dec. 11, 2018	Dec. 11, 2018 PACER
56	RESPONSE to 49 Motion for Protective Order Plaintiff's Response to Defendant's Motion for Protective Order filed by Lora Hubbel. (Attachments: # 1 Attachment 1 - LaFleur Text to Hubbel, # 2 Attachment 2 - LaFluer FB posting libel on Hubbel) (Hubbel, Lora) Modified text on 12/12/2018 (SST). (Entered: 12/12/2018)	Dec. 12, 2018	Dec. 12, 2018 PACER
57	RESPONSE to 51 Response re [46 MOTION for Summary Judgment Plaintiff's Response to Defendant's Response to Intervenor's Stmt of Material facts filed by Lora Hubbel. (Attachments: # 1 Exhibit 1 - CPSD Time Line chain of Chairmanship) (Hubbel, Lora) Modified text and linkage on 12/12/2018 (SST). (Entered: 12/12/2018)	Dec. 12, 2018	Dec. 12, 2018 PACER
58	REPLY to Motion Response re 49 MOTION for Protective Order, 46 MOTION for SUMMARY JUDGMENT filed by Terry Lee LaFleur. (Attachments: # 1 Exhibits) (KLE) Modified text on 12/18/2018 (SST). (Entered: 12/17/2018)	Dec. 17, 2018	Dec. 17, 2018 PACER
59	ORDER granting 49 Motion for Protective Order. Signed by U.S. District Judge Roberto A. Lange on 01/10/2019. (LH) Mailed to G. Matt Johnson and Terry Lee LaFleur via U.S. Postal Service on 1/10/2019 (SST). (Entered: 01/10/2019)	Jan. 10, 2019	Jan. 10, 2019 Clearinghouse
60	MOTION to Substitute Party by Shantel Krebs. (Mines-Bailey, Ann) (Entered: 01/11/2019)	Jan. 11, 2019	Jan. 11, 2019 PACER
61	ORDER granting 60 Motion to Substitution of Party Defendant. Steve Barnett added. Shantel Krebs (in her official capacity as Secretary of State for the State of South Dakota) terminated. Signed by U.S. District Judge Roberto A. Lange on 01/15/2019. (KLE) Modified on 1/15/2019 Mailed to G. Matt Johnson and Lora Hubbel via USPS (KLE). (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
62	OBJECTION to 60 Motion to Substitute Party, and MOTION to Join Steven Bartlett as also a Real Party of Interest by Terry Lee LaFleur. (KLE) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
63	ORDER denying 20 Motion to Dismiss; denying 21 Motion for Summary Judgment; granting 44 Motion for Jury Demand (only to the extent that if indeed there is a legitimate triable factual issue on his claims, there will be a jury trial); granting 45 Motion for Judicial Notice (to the extent that the documents attached thereto are received as part of the CM/ECF record); denying 46 Motion for Summary Judgment; and overruling 62 Objection to substitution of Steve Barnett as a defendant. Signed by U.S. District Judge Roberto A. Lange on 01/29/2019. (KLE) cc: sent to Terry Lee LaFleur and G. Matt Johnson via USPS (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 Clearinghouse
64	MOTION to Withdraw as Attorney by Steve Barnett. (Jasper, Kirsten) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
65	AMENDED Certificate of Service re 64 MOTION to Withdraw as Attorney by Steve Barnett. (Mines-Bailey, Ann) Modified text on 2/5/2019 (SST). (Entered: 02/04/2019)	Feb. 4, 2019	Feb. 4, 2019 PACER
66	ORDER granting 64 Motion to Withdraw as Attorney. Attorney Kirsten E. Jasper terminated. Signed by U.S. District Judge Roberto A. Lange on 2/11/19. (Lange, Roberto) Mailed to G. Matt Johnson, Lora Hubbel, and Terry Lee LaFleur via U.S. Postal Service odified on 2/11/2019 (SST). (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
67	MOTION to DISMISS by Steve Barnett. (Mines-Bailey, Ann) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 RECAP
68	BRIEF by Defendant Steve Barnett re 67 MOTION to DISMISS (Mines-Bailey, Ann) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 Clearinghouse
69	RESPONSE to Motion re 67 MOTION to DISMISS filed by Lora Hubbel. (Attachments: # 1 Attachment 1- Missing Transcript Found) (KLE) (Entered: 02/15/2019) 1 Attachment 1- Missing Transcript Found View on PACER	Feb. 15, 2019	Feb. 15, 2019 PACER
70	MOTION Seeking Order and Response to Order re 63 and Response to Order Directing Cessation of Service Taking Judicial Notice and to Show Cause Why Judgment of Dismissal Should Not Enter by Lora Hubbel. (Attachments: # 1 Attachment 1: Shantel Kreb's "Hold Off" instructions via text and #1A, #1B, #1C) (KLE) (Entered: 02/20/2019)	Feb. 19, 2019	Feb. 19, 2019 PACER
71	REPLY to 69 RESPONSE to Motion re 68 BRIEF and 67 MOTION TO DISMISS filed by Lora Hubbel. (Attachments: # 1 Attachment 2; National party letters (5 pages)) (KLE) Modified text and linkage on 2/21/2019 (SST). (Entered: 02/20/2019) 1 Attachment View on PACER	Feb. 20, 2019	Feb. 20, 2019 PACER
72	CERTIFICATE OF SERVICE by Lora Hubbel re 70 MOTION Seeking Order and Response to Order . (KLE) Modified text on 2/21/2019 (SST). (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
73	Intervenor's Resistance to Defendant's 67 MOTION to DISMISS filed by Terry Lee LaFleur. (KLE) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 PACER
74	BRIEF in Support of Intervenor's Resistance 73 to 67 MOTION to DISMISS . (KLE) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 Clearinghouse
75	REPLY to 71 Reply filed by Steve Barnett. (Mines-Bailey, Ann) Modified linkage on 3/4/2019 (SST). (Entered: 03/01/2019)	March 1, 2019	March 1, 2019 Clearinghouse
76	AFFIDAVIT of Ann F Mines Bailey . (Attachments: # 1 Exhibit L - Email from Bergan, # 2 Exhibit M - Sheriff's Return, # 3 Exhibit N - Subpoena) (Mines-Bailey, Ann) Modified linkage on 3/4/2019 (SST). (Entered: 03/01/2019) 1 Exhibit L - Email from Bergan View on PACER 2 Exhibit M - Sheriff's Return View on PACER 3 Exhibit N - Subpoena View on PACER	March 1, 2019	March 1, 2019 PACER
77	Intervenor's RESPONSE to Defendant's Reply 75 to Defendant's 67 Motion to Dismiss filed by Terry Lee LaFleur. (Attachments: # 1 Attachment) (KLE) (Entered: 03/05/2019) 1 Attachment View on PACER	March 5, 2019	March 5, 2019 PACER
78	RESPONSE to 70 MOTION Seeking Order filed by Steve Barnett. (Mines-Bailey, Ann) Modified text on 3/13/2019 (SST). (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 Clearinghouse
79	AFFIDAVIT of Kea Warne re 70 MOTION Seeking Order re 63 Order on Motion for Miscellaneous Relief,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion to Dismiss,,,,, . (Mines-Bailey, Ann) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 Clearinghouse
80	REPLY to 73 Response to Motion re 67 MOTION TO DISMISS filed by Steve Barnett. (Mines-Bailey, Ann) Modified text and linkage on 3/13/2019 (SST). (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 Clearinghouse
81	AFFIDAVIT of Ann F. Mines Bailey re 73 Response to Motion re 67 MOTION to Dismiss . (Attachments: # 1 Exhibit O: Privity of Contract article, # 2 Exhibit P: Supreme Court Review of State Court Decisions article, # 3 Exhibit Q: Power of Congress to Control the Federal Courts article) (Mines-Bailey, Ann) Modified text and linkage on 3/13/2019 (SST). (Entered: 03/12/2019) 1 Exhibit O: Privity of Contract article View on PACER 2 Exhibit P: Supreme Court Review of State Court Decisions article View on PACER 3 Exhibit Q: Power of Congress to Control the Federal Courts article View on PACER	March 12, 2019	March 12, 2019 PACER
82	RESPONSE to 70 Motion Seeking Order filed by Terry Lee LaFleur. (SST) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 Clearinghouse
83	ORDER granting 67 Motion to Dismiss and denying 70 Motion Seeking Order and Response to Order. Signed by U.S. District Judge Roberto A. Lange on 6/28/2019. (CLR) Modified on 6/28/2019 delivered to Plaintiffs, Intervenor Plaintiff, and all Defendants in 18-CV-4125 via USPS (CLR).	June 28, 2019	June 28, 2019 RECAP
84	JUDGMENT OF DISMISSAL. Signed by U.S. District Judge Roberto A. Lange on 6/28/2019. (CLR) Modified on 7/2/2019 delivered to Plaintiffs with non-prisoner appeal packet via USPS (CLR). (Entered: 06/28/2019)	June 28, 2019	June 28, 2019 PACER