Case: Kohls v. Ellison

COMPLAINT (Verified) against All Defendants (filing fee $ 405, receipt number AMNDC-11388371) filed by Christopher Kohls, Mary Franson. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Howell, Alexandra) (Entered: 09/27/2024)

1 Civil Cover Sheet

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(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Douglas L. Micko. Please use case number 24-cv-3754 (ECT/DLM).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (BTX) (Entered: 09/27/2024)

Summons Issued as to Keith Ellison, Chad Larson. (BTX) (Entered: 09/27/2024)

(Text-Only) Notice re: Non-Admitted AttorneyWe have received documents listing M. Frank Bednarz 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. (BTX) (Entered: 09/27/2024)

MOTION for Admission Pro Hac Vice for Attorney M. Frank Bednarz. Filing fee $ 100, receipt number AMNDC-11389041 filed by Mary Franson, Christopher Kohls. (Howell, Alexandra) (Entered: 09/27/2024)

(Text-Only) ORDER granting 5 Motion for Admission Pro Hac Vice of Attorney Michael Frank Bednarz for Mary Franson and for Christopher Kohls. Approved by Magistrate Judge Douglas L. Micko on 10/2/2024. (CNO) (Entered: 10/02/2024)

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Peter J Farrell on behalf of Keith Ellison. (Attachments: # 1 Certificate of Service)(Farrell, Peter) (Entered: 10/02/2024)

SUMMONS Returned Executed by Christopher Kohls, Mary Franson. Keith Ellison served on 9/30/2024, answer due 10/21/2024; Chad Larson served on 9/30/2024, answer due 10/21/2024. (Howell, Alexandra) (Entered: 10/03/2024)

NOTICE of Appearance by Kristin C Nierengarten on behalf of Chad Larson. (Nierengarten, Kristin) (Entered: 10/10/2024)

MOTION for Preliminary Injunction - Expedited Handling Requested filed by Mary Franson, Christopher Kohls. (Bednarz, Michael) (Entered: 10/11/2024)

Order Setting Hearing on Motion/Petition

MEMORANDUM in Support re 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Mary Franson, Christopher Kohls. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 LR 7.1 Meet-and-Confer Statement)(Bednarz, Michael) (Entered: 10/11/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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2 LR 7.1 Meet-and-Confer Statement

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PROPOSED ORDER TO JUDGE re 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Mary Franson, Christopher Kohls.(Bednarz, Michael) (Entered: 10/11/2024)

NOTICE OF HEARING ON MOTION 10 MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Bednarz, Michael) (Entered: 10/11/2024)

(Text-Only) ORDER: Plaintiffs' request to handle the Motion for Preliminary Injunction 10 on an expedited basis is DENIED. The parties shall follow the local rules regarding the briefing schedule. Defendants' response briefs are due on or before 11/1/2024. Plaintiffs' reply brief is due on or before 11/15/2024. The motion hearing is scheduled for 11/25/2024 at 9:00 AM in Courtroom 7D (STP) before Judge Eric C. Tostrud. Signed by Judge Eric C. Tostrud on 10/11/2024.(RMM) (Entered: 10/11/2024)

STIPULATION re 1 Complaint, for an extension of time to respond by Keith Ellison. Jointly Signed by Christopher Kohls, Mary Franson, and Chad Larson. (Barr, Allen) (Entered: 10/17/2024)

Order on Stipulation

PROPOSED ORDER TO JUDGE re 15 Stipulation. (Barr, Allen) (Entered: 10/17/2024)

(Text-Only) ORDER. Based on the parties' Stipulation 15, and for good cause shown, it is hereby ORDERED that Defendants shall have up to and including 21 days after the Court decides Plaintiffs' pending Motion for a Preliminary Injunction 11 to answer or otherwise respond to Plaintiffs' complaint. Ordered by Magistrate Judge Douglas L. Micko on 10/17/2024. (JLD) (Entered: 10/17/2024)

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. Due to the appointment of Judge Laura M. Provinzino, this case is reassigned to her. Judge Eric C. Tostrud is no longer assigned to the case. NOTE: the new case number is 24-cv-3754 LMP/DLM. Please use this case number for all subsequent pleadings. Note: any current hearings or conferences before the district judge in this case are canceled unless otherwise indicated by the new DJ courtroom deputy. (kt) (Entered: 10/29/2024)

MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Farrell, Peter) (Entered: 11/01/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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DECLARATION of Peter J. Farrell in Opposition to 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 Exhibit(s) 1-2, 4-5, 7-13, 23, # 2 Placeholder for Exs. 3, 6, 14-22 PORTABLE MEDIA CONVENTIONALLY FILED IN CLERKS OFFICE ON 11/1/2024, # 3 Certificate of Service)(Farrell, Peter) Modified text on 11/5/2024 (BTX). (Entered: 11/01/2024)

1 Exhibit(s) 1-2, 4-5, 7-13, 23

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2 Placeholder for Exs. 3, 6, 14-22

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3 Certificate of Service

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DOCUMENT FILED IN ERROR - WILL REFILE - DECLARATION of Professor Jeff Hancock in Opposition to 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 Exhibit(s) A-C)(Farrell, Peter) Modified text on 11/1/2024 (MMP). (Entered: 11/01/2024)

1 DOCUMENT FILED IN ERROR - WILL REFILE - Exhibit(s) A-C

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DOCUMENT FILED IN ERROR - WILL REFILE - DECLARATION of Professor Jevin West in Opposition to 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 Exhibit(s) A-B)(Farrell, Peter) Modified text on 11/1/2024 (MMP). (Entered: 11/01/2024)

1 Exhibit(s) A-B

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AFFIDAVIT of Professor Jeff Hancock in OPPOSITION TO 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 Exhibit(s) A-C)(Farrell, Peter) (Entered: 11/01/2024)

1 Exhibit(s) A-C

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AFFIDAVIT of Professor Jevin West in OPPOSITION TO 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison. (Attachments: # 1 Exhibit(s) A-B)(Farrell, Peter) (Entered: 11/01/2024)

1 Exhibit(s) A-B

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MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Chad Larson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nierengarten, Kristin) (Entered: 11/01/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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DECLARATION of Chad M. Larson re 25 Memorandum in Opposition to Motion, by Chad Larson . (Nierengarten, Kristin) (Entered: 11/01/2024)

(Text-Only) NOTICE OF HEARING ON MOTION re 10 MOTION for Preliminary Injunction: Motion Hearing set for 12/17/2024 at 10:00 AM in Courtroom 3C (STP) before Judge Laura M. Provinzino. (TJC) (Entered: 11/06/2024)

REPLY re 19 Memorandum in Opposition to Motion, 10 MOTION for Preliminary Injunction - Expedited Handling Requested, 25 Memorandum in Opposition to Motion, filed by Mary Franson, Chad Larson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bednarz, Michael) (Entered: 11/15/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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MOTION to Exclude Expert Testimony filed by Christopher Kohls, Mary Franson. (Bednarz, Michael) (Entered: 11/15/2024)

MEMORANDUM in Support re 29 MOTION to Exclude Expert Testimony filed by Christopher Kohls, Mary Franson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 LR 7.1 Meet-and-Confer Statement)(Bednarz, Michael) (Entered: 11/16/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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2 LR 7.1 Meet-and-Confer Statement

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Declaration of M. Frank Bednarz in Support of 29 MOTION to Exclude Expert Testimony filed by Christopher Kohls, Mary Franson. (Attachments: # 1 Ex. 1 - error page, # 2 Ex. 2 - Google Scholar results, # 3 Ex. 3 - Journal issue contents, # 4 Ex. 4 - Hallucinations in ChatGPT: A Cautionary Tale for Biomedical Researchers, # 5 Ex. 5 - Hancock, Bailenson, The social impact of deepfakes, # 6 Ex. 6 - Calling Bullshit preface, # 7 Ex. 7 - Calling Bullshit chapter 2, # 8 Ex. 8 - Calling Bullshit chapter 8 excerpt, # 9 Ex. 9 - Calling Bullshit conclusion, # 10 Ex. 10 - Loftus paper, # 11 Ex. 11 - Ahmed paper)(Bednarz, Michael) (Entered: 11/16/2024)

1 Ex. 1 - error page

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2 Ex. 2 - Google Scholar results

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3 Ex. 3 - Journal issue contents

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4 Ex. 4 - Hallucinations in ChatGPT: A Cautionary Tale for Biomedical Researchers

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5 Ex. 5 - Hancock, Bailenson, The social impact of deepfakes

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6 Ex. 6 - Calling Bullshit preface

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7 Ex. 7 - Calling Bullshit chapter 2

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8 Ex. 8 - Calling Bullshit chapter 8 excerpt

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9 Ex. 9 - Calling Bullshit conclusion

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10 Ex. 10 - Loftus paper

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11 Ex. 11 - Ahmed paper

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NOTICE OF HEARING ON MOTION 29 MOTION to Exclude Expert Testimony : Date and time to be determined. (Bednarz, Michael) (Entered: 11/16/2024)

PROPOSED ORDER TO JUDGE re 29 MOTION to Exclude Expert Testimony filed by Christopher Kohls, Mary Franson.(Bednarz, Michael) (Entered: 11/16/2024)

MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Keith Ellison. (Farrell, Peter) (Entered: 11/27/2024)

NOTICE OF HEARING ON MOTION 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion : Date and time to be determined. (Farrell, Peter) (Entered: 11/27/2024)

MEET and CONFER STATEMENT re 34 Motion for Miscellaneous Relief filed by Keith Ellison.(Farrell, Peter) (Entered: 11/27/2024)

MEMORANDUM in Support re 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Keith Ellison. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Farrell, Peter) (Entered: 11/27/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Declaration of Peter J. Farrell in Support of 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Keith Ellison. (Attachments: # 1 Exhibit(s) A)(Farrell, Peter) (Entered: 11/27/2024)

1 Exhibit(s) A

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Declaration of Prof. Jeff Hancock in Support of 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Keith Ellison. (Attachments: # 1 Exhibit(s) 1-2)(Farrell, Peter) (Entered: 11/27/2024)

1 Exhibit(s) 1-2

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PROPOSED ORDER TO JUDGE re 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Keith Ellison.(Farrell, Peter) (Entered: 11/27/2024)

AMENDED NOTICE OF HEARING ON MOTION AND BRIEFING SCHEDULE re: 10 MOTION for Preliminary Injunction, 29 MOTION to Exclude Expert Testimony, and 34 MOTION for Leave to File Amended Expert Declaration: Motion Hearing set for 12/17/2024 at 10:00 AM in Courtroom 3C (STP) before Judge Laura M. Provinzino.Response to 29 Motion is due no later than 12/6/2024, reply due no later than 12/13/2024. Response to 34 Motion is due no later than 12/4/2024. (TJC) (Entered: 12/02/2024)

MEMORANDUM in Opposition re 34 MOTION File amended expert declaration re 23 Affidavit in Opposition to Motion filed by Christopher Kohls, Mary Franson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bednarz, Michael) (Entered: 12/04/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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RESPONSE re 29 MOTION to Exclude Expert Testimony filed by Keith Ellison. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Farrell, Peter) (Entered: 12/06/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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REPLY re 29 MOTION to Exclude Expert Testimony filed by Christopher Kohls, Mary Franson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bednarz, Michael) (Entered: 12/13/2024)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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(Text-Only) MINUTE ENTRY for proceedings held before Judge Laura M. Provinzino on 12/17/2024: Oral Arguments Motion Hearing.Court Reporter: Lynne KrenzSt. Paul Courthouse, Courtroom 3CTime: 10:00 a.m.-11:26 a.m.Total Time: 1 hour, 26 minutesAPPEARANCES:For Plaintiff(s): Michael Bednarz; James DickeyFor Defendant(s): Peter Farrell; Allen Barr; Angela Behrens; Kristin Nierengarten; Zachary Cronen PROCEEDINGS: Hearing on: 10 MOTION for Preliminary Injunction, 29 MOTION to Exclude Expert Testimony, and 34 MOTION to File amended expert declaration re 23 Affidavit in Opposition to Motion. The motions were moved, argued and taken under advisement. Order to follow. (TJC) (Entered: 12/17/2024)

ORDER granting in part and denying in part 29 Plaintiffs' Motion to Exclude Expert Testimony and denying 34 Defendant's Motion for Leave to File an Amended Expert Declaration (Written Opinion) Signed by Judge Laura M. Provinzino on 1/10/2025. (TJC) (Entered: 01/10/2025)

ORDER denying 10 Motion for Preliminary Injunction (Written Opinion) Signed by Judge Laura M. Provinzino on 1/10/2025. (TJC) (Entered: 01/10/2025)

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MKB) (Entered: 01/13/2025)

1 Civil Notice - appeal

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ANSWER to Complaint filed by Keith Ellison. (Barr, Allen) (Entered: 01/31/2025)

Chad Larson, in his official capacity as County Attorney of Douglas County ANSWER to Complaint filed by Chad Larson. (Nierengarten, Kristin) (Entered: 01/31/2025)

ORDER SETTING PRETRIAL CONFERENCE. Rule 26 Meeting Report and confidential letters due by 3/12/2025. Pretrial Conference set for 3/19/2025 at 02:00 PM by Zoom Audio-only Conference (no courtroom) before Magistrate Judge Douglas L. Micko. The parties can use the link below or go to Zoomgov.com and use the following login information to join the hearing: Meeting URL: https://www.zoomgov.com/j/1618921143?pwd=6ayMVaCbsZFRJvoF6zWaJabPGzZt7G.1, Meeting ID: 161 892 1143, Passcode: 975827. Signed by Magistrate Judge Douglas L. Micko on 2/4/2025. (Attachments: # 1 Consent form, # 2 R26(f) Template) (jme) (Entered: 02/04/2025)

1 Consent form

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2 R26(f) Template

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NOTICE OF INTERLOCUTORY APPEAL TO 8TH CIRCUIT as to 48 Judgment, 47 Order on Motion for Preliminary Injunction by Christopher Kohls, Mary Franson. Filing fee $ 605, receipt number AMNDC-11663203. (Bednarz, Michael) Modified text on 2/11/2025 (MKB). (Entered: 02/07/2025)

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 52 . (MKB) (Entered: 02/10/2025)

USCA Case Number 25-1300 for 52 Notice of Appeal to 8th Circuit, filed by Mary Franson, Christopher Kohls. (BTX) (Entered: 02/13/2025)

TRANSCRIPT REQUEST for an Expedited 7-Day Transcript of 45 Motion Hearing,,, to Court Reporter Lynne Krenz. (Bednarz, Michael) (Entered: 02/18/2025)

TRANSCRIPT of Motions Hearing held on 12/17/2024 before Judge Laura M. Provinzino. (63 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. 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. Statement of Redaction due 3/14/2025. Redacted Transcript Deadline set for 3/24/2025. Release of Transcript Restriction set for 5/22/2025. (LMK) Modified text on 5/27/2025 (kt). (Entered: 02/21/2025)

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 56 . (MKB) (Entered: 02/21/2025)

STIPULATION FOR A STAY OF DISTRICT COURT PROCEEDINGS PENDING RESOLUTION OF PLAINTIFFS' APPEAL by Mary Franson, Christopher Kohls. Jointly Signed by Keith Ellison and Chad Larson. (Bednarz, Michael) (Entered: 03/11/2025)

PROPOSED ORDER TO JUDGE re 58 Stipulation. (Bednarz, Michael) (Entered: 03/11/2025)

LETTER TO MAGISTRATE JUDGE by Mary Franson, Christopher Kohls re: Stipulation and Conference Hearing/Report. (Attachments: # 1 Stipulation by All Parties For a Stay of District Court Proceedings Pending Resolution of Plaintiffs' Appeal)(Bednarz, Michael) (Entered: 03/11/2025)

1 Stipulation by All Parties For a Stay of District Court Proceedings Pending Res

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ORDER STAYING CASE. Signed by Judge Laura M. Provinzino on 3/12/2025. (TJC) (Entered: 03/12/2025)

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Order Staying Case, Order Cancelling Deadline & Hearing 61 . (MKB) (Entered: 03/13/2025)

ORDER OF REASSIGNMENT OF RELATED CASES that 25-cv-1649 (JMB/ECW) has been reassigned to Judge Laura M. Provinzino and Magistrate Judge Douglas L. Micko. Signed by Judge Laura M. Provinzino on 04/24/2025 and signed by Judge Jeffrey M. Bryan on 04/25/2025.(LTT) (Entered: 04/25/2025)

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Order Reassigning Case 63 . (LTT) (Entered: 04/25/2025)

TRANSMITTAL OF RECORDS re: Documents sent to the USCA. (CLK) (Entered: 05/15/2025)