Case: The Associated Press v. Tewalt

1:24-cv-00587 | U.S. District Court for the District of Idaho

Filed Date: Dec. 6, 2024

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case further). On December 6, 2024, the Associated Press, the Idaho Statesman, and East Idaho news filed sued against the Director of the Idaho Department of Corrections ("IDOC"). The news organizations alleged that IDOC's execution practices do not meed federal public transparency requirements, and they sought access for media witnesses to be present at executions. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69444722/parties/the-associated-press-v-tewalt/


Attorney for Plaintiff

Olson, Wendy (Idaho)

Pedersen, Eric Anders (Idaho)

Attorney for Defendant

Elia, Michael J (Idaho)

Schindele, Kristina M (Idaho)

Smith, Tanner J (Idaho)

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Documents in the Clearinghouse

Document
2-1

1:24-cv-00587

Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

Dec. 6, 2024

Dec. 6, 2024

Pleading / Motion / Brief
1

1:24-cv-00587

Complaint for Injunctive and Declaratory Relief

Dec. 6, 2024

Dec. 6, 2024

Complaint
2

1:24-cv-00587

Plaintiffs' Motion for Preliminary Injunction

Dec. 6, 2024

Dec. 6, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69444722/the-associated-press-v-tewalt/

Last updated Aug. 4, 2025, 2:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against Josh Tewalt ( Filing fee $ 405 receipt number AIDDC-2851022.), filed by The McClatchy Company, LLC, The Associated Press, East-Idaho-News.com, LLC. (Attachments: # 1 Summons to Josh Tewalt, # 2 Cover Sheet Civil Cover Sheet)(Olson, Wendy)

1 Summons to Josh Tewalt

View on PACER

2 Cover Sheet Civil Cover Sheet

View on PACER

Dec. 6, 2024

Dec. 6, 2024

Clearinghouse
2

MOTION for Preliminary Injunction Wendy Olson appearing for Plaintiffs East-Idaho-News.com, LLC, The Associated Press, The McClatchy Company, LLC. Responses due by 12/27/2024 (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Declaration of Rebecca Boone, # 3 Declaration of Chadd Cripe, # 4 Declaration of Nate Sunderland)(Olson, Wendy)

1 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

View on RECAP

2 Declaration of Rebecca Boone

View on RECAP

3 Declaration of Chadd Cripe

View on RECAP

4 Declaration of Nate Sunderland

View on RECAP

Dec. 6, 2024

Dec. 6, 2024

Clearinghouse
3

Corporate Disclosure Statement by East-Idaho-News.com, LLC, The Associated Press, The McClatchy Company, LLC. (Olson, Wendy)

Dec. 6, 2024

Dec. 6, 2024

PACER
4

Corporate Disclosure Statement by East-Idaho-News.com, LLC, The Associated Press, The McClatchy Company, LLC identifying Corporate Parent SIJ Intermediatae, LLC for The McClatchy Company, LLC. (Olson, Wendy)

Dec. 6, 2024

Dec. 6, 2024

PACER
5

Corporate Disclosure Statement by East-Idaho-News.com, LLC, The Associated Press, The McClatchy Company, LLC. (Olson, Wendy)

Dec. 6, 2024

Dec. 6, 2024

PACER
6

Summons Issued as to Josh Tewalt. (Print attached Summons for service.) (hs)

Dec. 9, 2024

Dec. 9, 2024

PACER
7

SUMMONS Returned Executed by The McClatchy Company, LLC, The Associated Press, East-Idaho-News.com, LLC. Josh Tewalt served on 12/9/2024, answer due 12/30/2024. (Olson, Wendy)

Dec. 16, 2024

Dec. 16, 2024

PACER
8

NOTICE of Appearance by Kristina M Schindele on behalf of Josh Tewalt (Schindele, Kristina)

Dec. 26, 2024

Dec. 26, 2024

PACER
9

NOTICE of Appearance by Michael J Elia on behalf of Josh Tewalt (Elia, Michael)

Dec. 26, 2024

Dec. 26, 2024

PACER
10

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Josh Tewalt, The Associated Press, The McClatchy Company, LLC, East-Idaho-News.com, LLC re 1 Complaint, 9 Notice of Appearance, 8 Notice of Appearance Consent/Objection to Magistrate due by 2/25/2025. (km)

Dec. 27, 2024

Dec. 27, 2024

PACER
11

Motion to Dismiss for Failure to State a Claim Tanner J Smith appearing for Defendant Josh Tewalt. Responses due by 1/17/2025 (Attachments: # 1 Memorandum in Support)(Smith, Tanner)

1 Memorandum in Support

View on RECAP

Dec. 27, 2024

Dec. 27, 2024

RECAP
12

RESPONSE to Motion re 2 MOTION for Preliminary Injunction Response in Opposition filed by Josh Tewalt. Replies due by 1/10/2025. (Attachments: # 1 Declaration of Josh Tewalt)(Smith, Tanner)

1 Declaration of Josh Tewalt

View on RECAP

Dec. 27, 2024

Dec. 27, 2024

RECAP
13

DOCKET ENTRY ORDER - Upon review of the docket in this matter, and Plaintiffs' motion for a preliminary injunction (Dkt. 2), the Court finds good cause to shorten the deadline within which to consent to the jurisdiction of a magistrate judge. (Dkt. 10). The parties shall have up through and including January 17, 2025, within which to consent to proceed before a magistrate judge. Signed by US Magistrate Judge Debora K. Grasham. (mab)

Dec. 27, 2024

Dec. 27, 2024

PACER
14

Unopposed MOTION for Leave to File Excess Pages to Consolidate Briefing Wendy Olson appearing for Plaintiffs The Associated Press, The McClatchy Company, LLC, East-Idaho-News.com, LLC. Responses due by 1/27/2025 (Olson, Wendy)

Jan. 6, 2025

Jan. 6, 2025

PACER
15

ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE BRIEFING (DKT. 14 ) - Pending before the Court is Plaintiffs' Unopposed Motion to Consolidate Briefing (Dkt. 14). The Court, having review the Plaintiffs' motion and the record in this matter, and finding good cause exists, hereby orders that Plaintiffs' motion is GRANTED. Plaintiffs' response to Defendant's motion to dismiss and reply in support of their motion for preliminary injunction shall be filed in a single 30-page brief no later than January 10, 2025.IT IS SO ORDERED.. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

Jan. 6, 2025

Jan. 6, 2025

PACER
16

REPLY to Response to Motion re 11 Motion to Dismiss for Failure to State a Claim, 2 MOTION for Preliminary Injunction filed by The Associated Press, The McClatchy Company, LLC, East-Idaho-News.com, LLC.Motion Ripe Deadline set for 1/13/2025. (Attachments: # 1 Declaration of Rebecca Boone, # 2 Exhibit A to Declaration of Rebecca Boone, # 3 Exhibit B to Declaration of Rebecca Boone)(Olson, Wendy)

1 Declaration of Rebecca Boone

View on RECAP

2 Exhibit A to Declaration of Rebecca Boone

View on RECAP

3 Exhibit B to Declaration of Rebecca Boone

View on RECAP

Jan. 10, 2025

Jan. 10, 2025

RECAP
17

Docket entry only - CONSENT to Magistrate Judge filed. (jd)

Jan. 13, 2025

Jan. 13, 2025

PACER
18

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(jd)

Jan. 13, 2025

Jan. 13, 2025

PACER
19

REPLY to Response to Motion re 11 Motion to Dismiss for Failure to State a Claim filed by Josh Tewalt.Motion Ripe Deadline set for 1/27/2025.(Elia, Michael)

Jan. 24, 2025

Jan. 24, 2025

RECAP
20

DECLARATION of Objection to Rebecca Boone's Second Declaration re 16 Reply to Response to Motion, filed by Josh Tewalt . (Elia, Michael)

Jan. 24, 2025

Jan. 24, 2025

RECAP
21

ORDER RE: DEFENDANT'S MOTION TO DISMISS (DKT. 11) - Defendants Motion to Dismiss Plaintiffs Complaint (Dkt. 11 ) is DENIED. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

March 6, 2025

March 6, 2025

RECAP
22

ANSWER to 1 Complaint, Defendant's by Josh Tewalt.(Elia, Michael)

March 20, 2025

March 20, 2025

RECAP
23

DOCKET ENTRY NOTICE of Hearing on Motion: 2 MOTION for Preliminary Injunction - Motion Hearing set for 4/8/2025 09:30 AM in Boise - Courtroom 6 before US Magistrate Judge Debora K Grasham. (at)

March 27, 2025

March 27, 2025

PACER
24

DISREGARD - CONTAINS WRONG HEARING INFORMATION -AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 2 MOTION for Preliminary Injunction - Motion Hearing currently set for 4/17/2025 09:30 AM is RESCHEDULED for 10:00 AM in Boise - Courtroom 6 before US Magistrate Judge Debora K Grasham. (same date as previously set, correction to time only) (at) Modified on 3/27/2025, see Dkt. 25 for correct hearing info (at).

March 27, 2025

March 27, 2025

PACER
25

SECOND AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 2 MOTION for Preliminary Injunction - Motion Hearing set for 4/8/2025 10:00 AM in Boise - Courtroom 6 before US Magistrate Judge Debora K Grasham. (at)

March 27, 2025

March 27, 2025

PACER

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Motion Ripe Deadline set for 4/8/2025 due to hearing being set. (LT)

April 1, 2025

April 1, 2025

PACER
26

THIRD AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 2 MOTION for Preliminary Injunction - Motion Hearing set for 4/8/2025 10:00 AM in Boise - Courtroom 4 before US Magistrate Judge Debora K Grasham. (same date/time as previously set, update to courtroom location only) (at)

April 4, 2025

April 4, 2025

PACER
27

Docket Text Minute Entry for proceedings held before US Magistrate Judge Debora K Grasham: Appearance by Wendy Olson and Anders Pedersen for the Plaintiffs; Tanner Smith, Kristina Schindele, and Michael Elia for the Defendant. Motion Hearing held on 4/8/2025 re 2 MOTION for Preliminary Injunction. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 9:58-11:38 AM. (ESR A. Tate.) Audio File Location Boise - Courtroom 4. (at)

April 8, 2025

April 8, 2025

PACER
28

ORDER RE: PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - IS HEREBY ORDERED that Plaintiffs Motion for Preliminary Injunction (Dkt. 2 ) is GRANTED insofar as Defendant must provide execution witnesses with audio and visual access to the preparation and administration of the lethal injection drugs. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

April 29, 2025

April 29, 2025

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 6, 2024

Case Ongoing: Yes