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 Dec. 6, 2025, 3:40 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

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

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

6

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

Dec. 9, 2024

Dec. 9, 2024

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

8

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

Dec. 26, 2024

Dec. 26, 2024

9

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

Dec. 26, 2024

Dec. 26, 2024

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

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

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

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

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

18

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

Jan. 13, 2025

Jan. 13, 2025

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

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

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

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

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

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

29

Notice of Filing of Official Transcript of Proceedings held on 04/08/2025 before Judge Debora K. Grasham. Transcriber Tamara Weber, Email weber.tamara@icloud.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 27 Motion Hearing,, Terminate Hearings. Redaction Request due 5/19/2025. Redacted Transcript Deadline set for 5/29/2025. Release of Transcript Restriction set for 7/28/2025. (dmv) (Entered: 05/01/2025)

April 28, 2025

April 28, 2025

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
30

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Joint Litigation Plan and Discovery Plan due by 6/10/2025. Telephonic Scheduling Conference set for 6/17/2025 09:30 AM in Telephonic Hearing - Boise Chambers before US Magistrate Judge Debora K Grasham. 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) (Entered: 05/14/2025)

May 13, 2025

May 13, 2025

31

NOTICE OF APPEAL 25-3312 as to 28 Order on Motion for Preliminary Injunction, by Josh Tewalt. Filing Fee Due. $ 605, receipt number AIDDC-2931052. (Notice sent to Court Reporter & 9th Cir) (Schindele, Kristina) Modified on 5/29/2025, to add USCA case number (jd).

May 21, 2025

May 21, 2025

32

USCA Case Number 25-3312 for dkt. 31 Notice of Appeal filed by Josh Tewalt. (ac)

May 23, 2025

May 23, 2025

33

USCA PRELIMINARY INJUNCTION TIME SCHEDULE NOTICE ( USCA Case No.25-3312) as to 31 Notice of Appeal filed by Josh Tewalt. (Notice sent by e-mail to Court Reporter) (ac)

May 23, 2025

May 23, 2025

34

STIPULATION to Stay Action by Josh Tewalt. (Schindele, Kristina)

June 9, 2025

June 9, 2025

35

ORDER RE: STIPULATED MOTION TO STAY - this matter is STAYED until the appeal in Associated Press et al. v. Derrick, Ninth Circuit Docket No. 25-3312 is resolved and the mandate issues. Further, the telephonic scheduling conference currently set for June 17, 2025, is hereby VACATED, to be reset as needed, when the stay is lifted. 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)

June 10, 2025

June 10, 2025

Case Details

State / Territory:

Idaho

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 6, 2024

Case Ongoing: Yes

Case Details

Other Dockets:

District of Idaho 1:24-cv-00587