Case: Tincher v. Noem

Tincher et al. v. Noem et al.

COMPLAINT against All Defendants (filing fee $ 405, receipt number BMNDC-12460933) filed by Alan Crenshaw, Janet Lee, John Biestman, Susan Tincher, Lucia Webb, Abdikadir Noor. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A (Declaration of Susan Tincher), # 2 Exhibit(s) B (Declaration of John Biestman), # 3 Exhibit(s) C (Declaration of Janet Lee), # 4 Exhibit(s) D (Declaration of Lucia Webb), # 5 Exhibit(s) E (Declaration of Abdikadir Noor), # 6 Exhibit(s) F (Declaration of Alan Crenshaw), # 7 Exhibit(s) G (Declaration of Dan Engelhart), # 8 Exhibit(s) H (Declaration of Flannery Clark), # 9 Exhibit(s) I (Declaration of Imogen Page), # 10 Exhibit(s) J (Declaration of Katherine Rollins), # 11 Exhibit(s) K (Declaration of Riley Kellermeyer), # 12 Exhibit(s) L (Declaration of Nik Sorenson), # 13 Exhibit(s) M (Declaration of Moriah O'Malley), # 14 Exhibit(s) L (Declaration of Joe Mitchell), # 15 Civil Cover Sheet) (Riach, Kevin) (Entered: 12/17/2025)

1 Exhibit(s) A (Declaration of Susan Tincher)

View on RECAP

2 Exhibit(s) B (Declaration of John Biestman)

View on RECAP

3 Exhibit(s) C (Declaration of Janet Lee)

View on RECAP

4 Exhibit(s) D (Declaration of Lucia Webb)

View on RECAP

5 Exhibit(s) E (Declaration of Abdikadir Noor)

View on RECAP

6 Exhibit(s) F (Declaration of Alan Crenshaw)

View on RECAP

7 Exhibit(s) G (Declaration of Dan Engelhart)

View on RECAP

8 Exhibit(s) H (Declaration of Flannery Clark)

View on RECAP

9 Exhibit(s) I (Declaration of Imogen Page)

View on RECAP

10 Exhibit(s) J (Declaration of Katherine Rollins)

View on RECAP

11 Exhibit(s) K (Declaration of Riley Kellermeyer)

View on RECAP

12 Exhibit(s) L (Declaration of Nik Sorenson)

View on RECAP

13 Exhibit(s) M (Declaration of Moriah O'Malley)

View on RECAP

14 Exhibit(s) L (Declaration of Joe Mitchell)

View on RECAP

15 Civil Cover Sheet

View on PACER

NOTICE of Appearance by Robert J Gilbertson on behalf of All Plaintiffs. (Gilbertson, Robert) (Entered: 12/17/2025)

NOTICE of Appearance by Caitlinrose H. Fisher on behalf of All Plaintiffs. (Fisher, Caitlinrose) (Entered: 12/17/2025)

NOTICE of Appearance by Virginia R McCalmont on behalf of All Plaintiffs. (McCalmont, Virginia) (Entered: 12/17/2025)

NOTICE of Appearance by Jackson Evert on behalf of All Plaintiffs. (Evert, Jackson) (Entered: 12/17/2025)

NOTICE of Appearance by Rebecca Rogers on behalf of All Plaintiffs. (Rogers, Rebecca) (Entered: 12/17/2025)

NOTICE of Appearance by Teresa J Nelson on behalf of All Plaintiffs. (Nelson, Teresa) (Entered: 12/17/2025)

NOTICE of Appearance by Catherine H. Ahlin-Halverson on behalf of All Plaintiffs. (Ahlin-Halverson, Catherine) (Entered: 12/17/2025)

NOTICE of Appearance by Alicia Lynn Granse on behalf of All Plaintiffs. (Granse, Alicia) (Entered: 12/17/2025)

NOTICE of Appearance by Kyle W. Wislocky on behalf of All Plaintiffs. (Wislocky, Kyle) (Entered: 12/17/2025)

NOTICE of Appearance by Jacob Fatula Siegel on behalf of All Plaintiffs. (Siegel, Jacob) (Entered: 12/17/2025)

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per 3rd/4th Civil Rights list, referred to Magistrate Judge Dulce J. Foster. Please use case number 25-cv-4669 KMM/DJF.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMG) (Entered: 12/17/2025)

Summons Issued as to Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (MMG) (Entered: 12/17/2025)

DECLARATION of Beatriz Leon re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Riach, Kevin) (Entered: 12/17/2025)

ORDER OF RECUSAL. Magistrate Judge Dulce J. Foster recused. Case reassigned to Magistrate Judge David T. Schultz for all further proceedings. NOTE: the new case number is 25-cv-4669 KMM/DTS. Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Dulce J. Foster on 12/18/2025.(MMG) (Entered: 12/18/2025)

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Wislocky, Kyle) (Entered: 12/18/2025)

NOTICE OF HEARING ON MOTION 16 MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Wislocky, Kyle) (Entered: 12/18/2025)

MEMORANDUM in Support re 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wislocky, Kyle) (Entered: 12/18/2025)

PROPOSED ORDER TO JUDGE re Plaintiffs' Motion for Temporary Restraining Order 16 Motion for TRO. (Wislocky, Kyle) (Entered: 12/18/2025)

DECLARATION of Kevin C. Riach re 13 Summons Issued by Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Riach, Kevin) (Entered: 12/18/2025)

CERTIFICATE OF SERVICE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 13 Summons Issued, 18 Memorandum in Support of Motion, 19 Proposed Order to Judge - Other, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested, 1 Complaint,,,, 17 Notice of Hearing on Motion (Evert, Jackson) (Entered: 12/19/2025)

(Text-Only) The Court will hold an audio-only status conference at 2:00 p.m. to discuss establishing a briefing schedule for the pending Motion for Temporary Restraining Order in this matter. (AJS) (Entered: 12/19/2025)

(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 12/19/2025: Status Conference.Court Reporter: Paula RichterTelephone ConferenceTime: 2:00 p.m./2:33 p.m.Total Time: 33 MinutesAPPEARANCES:For Plaintiff(s): Kyle Wislocky; Alicia Granse; Jackson Evert; Kevin Riach; Rebecca Rogers; Virginia McCalmontFor Defendant(s): Andrew Warden; Ana Voss PROCEEDINGS: The Court held a status conference to discuss scheduling in this matter. (AJS) (Entered: 12/19/2025)

(Text-Only) At the December 19, 2025 status conference, the Court converted Plaintiffs' Motion for a Temporary Restraining Order into a motion for a preliminary injunction. The Court then set the following briefing schedule for the Motion: Defendants' Response is due by January 5, 2026 at 5 p.m. CT; Plaintiffs' Reply is due by January 7, 2026 at 5 p.m. CT. The parties should meet and confer regarding a word limit for these filings, and email the Court about any disagreement. The Court will hold a hearing on the Motion for January 8, 2026 at 9:00 a.m., with an official hearing notice to come. The Court anticipates that this Motion will be determined on the parties' briefs. If either party believes an evidentiary hearing is necessary, it should confer with opposing counsel and file a letter addressing the need for testimony by 5:00 pm CT on January 6, 2026. Ordered by Judge Katherine M. Menendez on 12/19/2025. (ED) Modified text on 12/22/2025 (kt). (Entered: 12/19/2025)

(Text-Only) NOTICE: Motion Hearing set for 1/8/2026 at 09:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (AJS) (Entered: 12/19/2025)

Order/Notice to Attorney

(Text-Only) Before the Court is a request to file a motion to permit an amicus brief. Proposed amicus indicate that the defendants do not oppose this request. Therefore the request is granted. The motion and proposed brief must be filed by no later than December 31, 2025. Ordered by Judge Katherine M. Menendez on 12/23/2025.(AJS) (Entered: 12/23/2025)

Order in Response to Letter/Request/E-mail

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Andrew Warden. (KMO) (Entered: 12/31/2025)

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Kathleen Jacobs. (KMO) (Entered: 12/31/2025)

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Jeremy Newman. (KMO) (Entered: 12/31/2025)

TEXT ONLY ENTRY: ORDER granting 27 Motion for Admission Pro Hac Vice of U.S. Government Attorney Andrew Warden for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents; granting 28 Motion for Admission Pro Hac Vice of U.S. Government Attorney Kathleen Jacobs for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents; granting 29 Motion for Admission Pro Hac Vice of U.S. Government Attorney Jeremy S. B. Newman for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents. Approved by Magistrate Judge David T. Schultz on 12/31/2025. (KMO) (Entered: 12/31/2025)

Joint MOTION Extension of Word Limit for Preliminary Injunction Briefing re 24 Order/Notice to Attorney,,, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (Jacobs, Kathleen) (Entered: 12/31/2025)

PROPOSED ORDER TO JUDGE re 31 Joint MOTION Extension of Word Limit for Preliminary Injunction Briefing re 24 Order/Notice to Attorney,,, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents.(Jacobs, Kathleen) (Entered: 12/31/2025)

DECLARATION of Carla Hennes re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

DECLARATION of Claire Smith re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

DECLARATION of Gabrielle Holboy re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

DECLARATION of Luke Mielke re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

DECLARATION of Mary Hackman re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

PROPOSED ORDER TO JUDGE re Preliminary Injunction 16 Motion for TRO. (Siegel, Jacob) (Entered: 12/31/2025)

ORDER granting 31 Joint Motion for Extension of Word Limit for Preliminary Injunction Briefing. See Order for details. Signed by Judge Katherine M. Menendez on 12/31/2025. (AJS) (Entered: 12/31/2025)

OBJECTION re 36 Declaration, 34 Declaration, 37 Declaration, 33 Declaration, 35 Declaration . (Jacobs, Kathleen) (Entered: 12/31/2025)

RESPONSE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 40 Objection of Defendants. (Siegel, Jacob) (Entered: 12/31/2025)

MOTION to Appear as Amicus Curiae City of Minneapolis, City of Saint Paul, Hennepin County Attorney's Office, and State of Minnesota, filed by City of Minneapolis. (Attachments: # 1 Exhibit(s) 1 - Memorandum, # 2 Exhibit(s) 2 - Declaration of Heather Robertson and Exhibits, # 3 Exhibit(s) 3 - Declaration of Kelsey McElveen and Exhibits, # 4 Exhibit(s) 4 - Declaration of Eder Castillo)(Robertson, Heather) (Entered: 12/31/2025)

PROPOSED ORDER TO JUDGE re 42 MOTION to Appear as Amicus Curiae City of Minneapolis, City of Saint Paul, Hennepin County Attorney's Office, and State of Minnesota, filed by City of Minneapolis.(Robertson, Heather) (Entered: 12/31/2025)

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney AND Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney AND Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

(Text-Only) On December 31, 2025, the plaintiffs filed several additional declarations in support of their previously filed Motion for a Preliminary Injunction. (ECF 33, 34, 35, 36, 37.) The defendants object to the filing of those declarations. (ECF 40.) The Court has reviewed the declarations and the objection, and grants the objection in limited part. The defendants may file a supplemental response of no more than five pages solely focused on responding to the declarations. Defendants may also submit such responsive declarations as necessary, again solely focused on the declarations filed on December 31. Both filings must be submitted no later than noon CT on Wednesday, January 7, 2026. Ordered by Judge Katherine M. Menendez on 1/2/2026. (ED) (Entered: 01/02/2026)

ORDER denying 42 Motion to Appear as Amicus Curiae. (Written Opinion) Signed by Judge Katherine M. Menendez on 1/2/2026. (BP)

Order/Notice to Attorney

RESPONSE re 36 Declaration, 34 Declaration, 44 Order/Notice to Attorney,,, 37 Declaration, 33 Declaration, 35 Declaration filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents.(Jacobs, Kathleen) (Entered: 01/07/2026)

(Text-Only) NOTICE: The hearing on Plaintiffs' Motion for a Preliminary Injunction scheduled for January 8 at 9 a.m. is cancelled. The Court will contact the parties to reschedule the hearing for the near future. Ordered by Judge Katherine M. Menendez on 1/7/2026. (ED) (Entered: 01/07/2026)

RESPONSE in Support re 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Placeholder for Exhibit 1)(Wislocky, Kyle) (Entered: 01/07/2026)

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

View on PACER

2 Placeholder for Exhibit 1

View on PACER

CERTIFICATE OF SERVICE by John Biestman, City of Minneapolis, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 50 Response in Support of Motion, Exhibit 1 (Wislocky, Kyle) (Entered: 01/07/2026)

Order/Notice to Attorney