Case: Minnesota Voters Alliance v. Walz

0:20-cv-01688 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 4, 2020

Closed Date: Jan. 12, 2021

Clearinghouse coding complete

Case Summary

This is a case about an executive order mask mandate by the governor of Minnesota allegedly conflicting with state law prohibiting wearing a mask in public. On August 8, 2020, the Minnesota Voters Alliance and five members of the organization filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Governor of Minnesota, the Secretary of State of Minnesota, the Hennepin County Auditor, the Ramsey County Auditor, the Attorney General of Minnes…

This is a case about an executive order mask mandate by the governor of Minnesota allegedly conflicting with state law prohibiting wearing a mask in public. On August 8, 2020, the Minnesota Voters Alliance and five members of the organization filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Governor of Minnesota, the Secretary of State of Minnesota, the Hennepin County Auditor, the Ramsey County Auditor, the Attorney General of Minnesota, the Hennepin County Attorney, and the Ramsey County Attorney under the First Amendment, the Minnesota Constitution’s Article III, and 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought declaratory relief and attorneys fees. The plaintiffs also sought a preliminary and permanent injunction preventing the defendants from enforcing both the laws requiring and prohibiting wearing a mask.

The plaintiffs claimed that the prospect of being prosecuted either for wearing a mask or not wearing a mask chilled their exercise of First Amendment expressive association rights and could not be reasonably applied. They felt they could not go to public places for political purposes, such as voting. The plaintiffs also claimed that the governor's executive order violated state law because it conflicted with a legislatively enacted statute, and that by passing the executive order, the governor was unlawfully exercising legislative power. The plaintiffs alleged the Minnesota statutes applied to peacetime emergencies included a provision authorizing legislative vetoes, in violation of Minnesota's constitution.

The case was assigned to District Judge Patrick J. Schiltz and referred to Magistrate Judge Katherine M. Menendez. On August 5, Judge Menendez recused herself and the case was reassigned to Magistrate Judge Elizabeth Cowan Wright. The Clearinghouse does not know why Judge Menendez was recused.

On August 24, 2020 the plaintiffs filed an amended complaint. The plaintiffs dropped two claims. One dropped claim was that the governor’s executive order violated the Minnesota Constitution’s Article III non-delegation doctrine as it conflicted with legislatively-enacted laws. The second claim the plaintiffs dropped from their complaint was that the statute the governor had enacted the executive order under was unconstitutional for containing a legislative veto. The plaintiffs newly alleged that the executive order violated the U.S. Constitution’s Elections Clause, adjusting the complaint accordingly.

The same day, the plaintiffs moved for a temporary restraining order and a preliminary injunction. A hearing was held on the motions in September of 2020 and on October 2, 2020 Judge Schiltz denied the motions. Judge Schiltz found that the Ramsey County defendants and the Secretary of State did not have authority to prosecute offenses under either the statute or executive order. (Hennepin County did not argue that they did not have authority to prosecute.) Judge Schiltz found that the court lacked jurisdiction to determine whether the executive order violated the Minnesota Constitution, as it is state law. In determining whether the statute conflicted with the executive order, Judge Schiltz found that the statute was violated only when someone wore a face covering for the purpose of concealing his or her identity. Since the plaintiffs did not claim to intend to enter public spaces without masks, they lacked standing to challenge the validity of the executive order. Judge Schiltz found that, even if they did have standing, their challenges lacked merit. The executive order was not a law regarding the manner of holding elections and does not implicate the First Amendment. Not wearing a mask could be seen as forgetting one or having an exemption instead of indicating a protest of the policy. Finally the plaintiffs failed to show a threat of irreparable harm as there was no evidence the statute had ever been enforced and Minnesotans had been wearing face coverings in public for the last six months. 492 F.Supp.3d 822

The plaintiffs appealed Judge Schiltz's denial to the U.S. Court of Appeals for the Eighth Circuit. On October 13, 2020 Judge Schiltz granted a stay on the case pending appeal. 494 F.Supp.3d 610. On October 26, 2020 the Eighth Circuit denied the plaintiffs request for an injunction. The plaintiffs appealed to the U.S. Supreme Court, which denied their application without comment November 2, 2020.

On September 11, 2020 the defendants moved to dismiss the case and on January 11, 2021 Judge Schiltz granted their motion to dismiss. The plaintiffs were only maintaining their claim that the executive order violated the First amendment. Judge Schiltz ruled the plaintiffs lacked standing, as none of them had alleged an intention to violate the executive order. The plaintiffs had brought up a new claim, that the statute was unconstitutional, but Judge Schiltz dismissed this as it was not brought up in the complaint. 2021 WL 83271. The case is closed.

Summary Authors

Zoe Van Dyke (12/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17412232/parties/minnesota-voters-alliance-v-walz/


Judge(s)

Cowan Wright, Elizabeth (Minnesota)

Attorney for Plaintiff

Kaardal, Erick G. (Minnesota)

Attorney for Defendant

Finnerty, Kevin A. (Minnesota)

Kramer, Elizabeth C (Minnesota)

McKenzie, Megan (Minnesota)

show all people

Documents in the Clearinghouse

Document

0:20-cv-01688

Docket [PACER]

Nov. 30, 2020

Nov. 30, 2020

Docket
1

0:20-cv-01688

Complaint for Declaratory and Injunctive Relief

Aug. 4, 2020

Aug. 4, 2020

Complaint
7

0:20-cv-01688

Amended Complaint for Declaratory and Injunctive Relief

Aug. 24, 2020

Aug. 24, 2020

Complaint
51

0:20-cv-01688

Order

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion

492 F.Supp.3d 492

65

0:20-cv-01688

Order

Oct. 13, 2020

Oct. 13, 2020

Order/Opinion

494 F.Supp.3d 494

0:20-03072

Order

U.S. Court of Appeals for the Eighth Circuit

Oct. 26, 2020

Oct. 26, 2020

Order/Opinion

0:20-cv-01688

Emergency Application for an Injunction Pending Appellate Review

Supreme Court of the United States

Oct. 26, 2020

Oct. 26, 2020

Pleading / Motion / Brief
83

0:20-cv-01688

Order

Jan. 11, 2021

Jan. 11, 2021

Order/Opinion

2021 WL 2021

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17412232/minnesota-voters-alliance-v-walz/

Last updated March 23, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants (filing fee $ 400, receipt number AMNDC-7940322) filed by Craig Jones, Kim Crockett, Andrew Cilek, Craig Anderson, Minnesota Voters Alliance, Yvonne Hundshamer. Filer requests summons issued. (Attachments: # 1 Exhibit(s) 1-3, # 2 Exhibit(s) 4-5, # 3 Civil Cover Sheet) (Kaardal, Erick) (Entered: 08/04/2020)

1 Exhibit(s) 1-3

View on RECAP

2 Exhibit(s) 4-5

View on RECAP

3 Civil Cover Sheet

View on PACER

Aug. 4, 2020

Aug. 4, 2020

Clearinghouse
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per 3rd 4th Civil Rights list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 20-cv-1688 (PJS/KMM). (MMP) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
3

Summons Issued as to Mark V. Chapin, John Choi, Keith Ellison, Mike Freeman, Christopher A. Samuel, Steve Simon, Tim Walz. (MMP) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
4

ORDER OF RECUSAL. Magistrate Judge Katherine M. Menendez recused. Case reassigned to Magistrate Judge Elizabeth Cowan Wright for all further proceedings. NOTE: the new case number is 20-cv-1688 (PJS/ECW). Please use this case number for all subsequent pleadings Signed by Magistrate Judge Katherine M. Menendez on 8/5/2020.(MMP) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

RECAP
5

SUMMONS Returned Executed by Craig Jones, Kim Crockett, Andrew Cilek, Craig Anderson, Minnesota Voters Alliance, Yvonne Hundshamer. Mark V. Chapin served on 8/12/2020, answer due 9/2/2020; John Choi served on 8/12/2020, answer due 9/2/2020; Keith Ellison served on 8/11/2020, answer due 9/1/2020; Mike Freeman served on 8/12/2020, answer due 9/2/2020; Christopher A. Samuel served on 8/12/2020, answer due 9/2/2020; Steve Simon served on 8/11/2020, answer due 9/1/2020; Tim Walz served on 8/11/2020, answer due 9/1/2020. (Kaardal, Erick) Modified text on 8/17/2020 (kt). (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
6

NOTICE of Appearance by Elizabeth C Kramer on behalf of Keith Ellison, Steve Simon, Tim Walz. (Kramer, Elizabeth) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
7

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. filed by Craig Jones, Kim Crockett, Andrew Cilek, Craig Anderson, Minnesota Voters Alliance, Yvonne Hundshamer. No summons requested. (Attachments: # 1 Exhibit(s) 1-3, # 2 Exhibit(s) 4-5) (Kaardal, Erick) (Entered: 08/24/2020)

1 Exhibit(s) 1-3

View on PACER

2 Exhibit(s) 4-5

View on PACER

Aug. 24, 2020

Aug. 24, 2020

Clearinghouse
8

MOTION for Temporary Restraining Order - Expedited Handling Requested, MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
9

NOTICE OF HEARING ON MOTION 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
10

MEMORANDUM in Support re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
11

Declaration of Erick G. Kaardal in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 Exhibit(s) 1-3, # 2 Exhibit(s) 4-5, # 3 Exhibit(s) 6)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
12

First Declaration of Craig Anderson in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 Exhibit(s) 1-2)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
13

Second Declaration of Craig Anderson in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance.(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
14

First Declaration of Yvonne Hundshamer in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 Exhibit(s) 1-2)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
15

Second Declaration of Yvonne Hundshamer in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance.(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
16

First Declaration of Craig Jones in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 Exhibit(s) 1-2)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
17

Second Declaration of Craig Jones in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance.(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
18

First Declaration of Kim Crockett in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 Exhibit(s) 1-2)(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
19

Second Declaration of Kim Crockett in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance.(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
20

Declaration of Andrew Cilek in Support of 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance.(Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
21

PROPOSED ORDER TO JUDGE re Preliminary Injunction 8 Motion for TRO,, Motion for Preliminary Injunction,. (Kaardal, Erick) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
22

(Text-Only) NOTICE OF HEARING ON MOTION 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 9/23/2020 at 08:30 AM via Video Conference (no courtroom) before Judge Patrick J. Schiltz. Defendants' responsive brief must be filed no later than 12:00 noon on 09/11/2020. Plaintiffs' reply brief must be filed no later than 12:00 noon on 09/18/2020.(CLG) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
23

NOTICE of Appearance by Jeffrey M. Wojciechowski on behalf of Mark V. Chapin, Mike Freeman. (Wojciechowski, Jeffrey) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
24

NOTICE of Appearance by Kelly K. Pierce on behalf of Mark V. Chapin, Mike Freeman. (Pierce, Kelly) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
25

STIPULATION for Extension of Time to Respond to Complaint by Keith Ellison, Steve Simon, Tim Walz. Jointly Signed by Minnesota Voters Alliance, Andrew Cilek, Kim Crockett, Craig Anderson, Yvonne Hundshamer, Craig Jones, Mark V. Chapin, Christopher A. Samuel, Mike Freeman, and John Choi. (Kramer, Elizabeth) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
26

PROPOSED ORDER TO JUDGE re 25 Stipulation,. (Kramer, Elizabeth) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
27

ORDER on 25 Stipulation,. Mark V. Chapin response due 9/11/2020; John Choi response due 9/11/2020; Keith Ellison response due 9/11/2020; Mike Freeman response due 9/11/2020; Christopher A. Samuel response due 9/11/2020; Steve Simon response due 9/11/2020; Tim Walz response due 9/11/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/2/2020.(TMA) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
28

NOTICE of Appearance by Robert B Roche on behalf of John Choi, Christopher A. Samuel. (Roche, Robert) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
29

NOTICE: Remote Public Access to Motion Hearing on 9/23/2020 at 8:30 AM. To obtain the dial-in instructions, email Caryn Glover at Schiltz_Chambers@mnd.uscourts.gov. (CLG) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
30

MOTION to Dismiss/General filed by John Choi, Christopher A. Samuel. (Roche, Robert) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
31

NOTICE OF HEARING ON MOTION 30 MOTION to Dismiss/General : Motion hearing set for November 18, 2020 at 8:30 a.m. in Courtroom 14E before Judge Patrick J. Schiltz. (Roche, Robert) Modified text on 9/11/2020 (CLK). (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
32

MEMORANDUM in Support re 30 MOTION to Dismiss/General filed by John Choi, Christopher A. Samuel. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 LR7.1/LR72.2 Word Count Compliance Certificate Meet and Confer Statement)(Roche, Robert) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
33

PROPOSED ORDER TO JUDGE re 30 MOTION to Dismiss/General filed by John Choi, Christopher A. Samuel.(Roche, Robert) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
34

MEMORANDUM in Opposition re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by John Choi, Christopher A. Samuel. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Roche, Robert) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
35

MEMORANDUM in Opposition re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison, Steve Simon, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
36

DECLARATION of Liz Kramer in Opposition to 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Keith Ellison, Steve Simon, Tim Walz. (Attachments: # 1 Exhibit(s) 1-20, # 2 Exhibit(s) 21-40, # 3 Exhibit(s) 41-48)(Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

MOTION to Dismiss/General filed by Keith Ellison, Steve Simon, Tim Walz. (Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
38

NOTICE OF HEARING ON MOTION 37 MOTION to Dismiss/General : Motion Hearing set for 11/18/2020 at 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP
39

MEET and CONFER STATEMENT re 37 Motion to Dismiss/General filed by Keith Ellison, Steve Simon, Tim Walz.(Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
40

MEMORANDUM in Support re 37 MOTION to Dismiss/General filed by Keith Ellison, Steve Simon, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP
41

PROPOSED ORDER TO JUDGE re 37 MOTION to Dismiss/General filed by Keith Ellison, Steve Simon, Tim Walz.(Kramer, Elizabeth) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
42

MOTION to Dismiss/General filed by Mark V. Chapin, Mike Freeman. (Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
43

NOTICE OF HEARING ON MOTION 42 MOTION to Dismiss/General : Motion Hearing set for 11/18/2020 at 08:30 AM before Judge Patrick J. Schiltz. (Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
44

MEMORANDUM in Support re 42 MOTION to Dismiss/General filed by Mark V. Chapin, Mike Freeman. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
45

MEET and CONFER STATEMENT re 42 Motion to Dismiss/General filed by Mark V. Chapin, Mike Freeman.(Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
46

PROPOSED ORDER TO JUDGE re 42 MOTION to Dismiss/General filed by Mark V. Chapin, Mike Freeman.(Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
47

MEMORANDUM in Opposition re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Mark V. Chapin, Mike Freeman. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Pierce, Kelly) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
48

Reply to Response to Motion re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
49

Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 9/23/2020 re 8 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by Minnesota Voters Alliance, Andrew Cilek, Kim Crockett, Craig Anderson, Yvonne Hundshamer, Craig Jones. Motion taken under advisement, written order forthcoming. (Court Reporter Debra Beauvais) (CLG) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
50

LETTER TO DISTRICT JUDGE by Keith Ellison, Steve Simon, Tim Walz Notice of Supplemental Authority. (Finnerty, Kevin) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
51

ORDER denying 8 Motion for Preliminary Injunction. (Written Opinion) Signed by Judge Patrick J. Schiltz on 10/2/2020. (CLG) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
52

NOTICE OF APPEAL TO 8TH CIRCUIT as to 51 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. Filing fee $ 505, receipt number AMNDC-8109257. (Kaardal, Erick) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
53

JUDGMENT: Plaintiffs motion for a preliminary injunction [ECF No. 8 ] is DENIED. (Attachments: # 1 Civil Notice - appeal). (lmb) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
54

TRANSMITTAL OF APPEAL LETTER TO U.S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 52 . (lmb) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
55

MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Kaardal, Erick) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
56

NOTICE OF HEARING ON MOTION 55 MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings : Date and time to be determined. (Kaardal, Erick) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
57

MEMORANDUM in Support re 55 MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
58

PROPOSED ORDER TO JUDGE re Motion for Injunction Pending Appeal and Stay on District Court Proceedings 55 Motion to Stay. (Kaardal, Erick) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER

NOTICE to USCA of subsequent filing in a civil case, Re: Memorandum in Support of Motion, 57, Motion to Stay 55, Notice of Hearing on Motion 56, Proposed Order to Judge - Other 58 . (kt)

Oct. 5, 2020

Oct. 5, 2020

PACER

Supplemental Notice Sent to USCA

Oct. 5, 2020

Oct. 5, 2020

PACER
59

(Text-Only) NOTICE TO ATTORNEY. Defendants' response to 55 must be filed no later than 5:00 PM on 10/9/2020. No reply will be permitted. The motion will be considered by the Court on the submissions of the parties without oral argument. (CLG) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
60

USCA Case Number 20-3072 for 52 Notice of Appeal to 8th Circuit, filed by Minnesota Voters Alliance, Andrew Cilek, Kim Crockett, Craig Anderson, Yvonne Hundshamer, Craig Jones. (MMP) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
61

DOCUMENT FILED IN ERROR - FILED IN INCORRECT COURT - NOTICE of Appearance by Kevin A Finnerty on behalf of Keith Ellison, Steve Simon, Tim Walz. (Finnerty, Kevin) Modified text on 10/8/2020 (MMP). (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
62

MEMORANDUM in Opposition re 55 MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings filed by John Choi, Christopher A. Samuel. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Roche, Robert) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
63

MEMORANDUM in Opposition re 55 MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings filed by Keith Ellison, Steve Simon, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kramer, Elizabeth) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
64

MEMORANDUM in Opposition re 55 MOTION to Stay /Motion for Injunction Pending Appeal and Stay on District Court Proceedings filed by Mark V. Chapin, Mike Freeman. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wojciechowski, Jeffrey) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
65

ORDER granting in part and denying in part 55 Motion to Stay and for Injunction Pending Appeal. (Written Opinion). See Order for details. Signed by Judge Patrick J. Schiltz on 10/13/2020. (CLG) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse
66

(Text-Only) NOTICE of Cancelation of Hearing: Motion Hearing on 30 37 42 set for 11/18/2020 at 08:30 AM before Judge Patrick J. Schiltz is CANCELED and will be rescheduled at a later date. (CLG) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
67

TRANSCRIPT REQUEST for a 30-Day Transcript of 49 Motion Hearing,, to Court Reporter Debra Beauvais. (Kaardal, Erick) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
68

TRANSCRIPT of Motions Hearing held on 9/23/2020 before Judge Patrick J. Schiltz. (121 pages). Court Reporter: Debra Beauvais. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. 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. Notice Intent/No Intent to Request Redactions due 11/3/2020. Redaction Request due 11/17/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/25/2021. (DKB) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
69

NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 68 . (MMG) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
70

NOTICE by Keith Ellison, Steve Simon, Tim Walz No Redaction Required (Finnerty, Kevin) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
71

TRANSCRIPT REQUEST for a COPY OF 68 Transcript(s) to Court Reporter Debra Beauvais. (Finnerty, Kevin) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
72

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript Request 71, Notice (Other) 70 . (kt) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
73

USCA JUDGMENT (electronic copy) as to 52 Notice of Appeal to 8th Circuit, filed by Minnesota Voters Alliance, Andrew Cilek, Kim Crockett, Craig Anderson, Yvonne Hundshamer, Craig Jones. (MMP) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
74

MANDATE of USCA (electronic copy) as to 52 Notice of Appeal to 8th Circuit, filed by Minnesota Voters Alliance, Andrew Cilek, Kim Crockett, Craig Anderson, Yvonne Hundshamer, Craig Jones. (MMP) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
75

STATUS REPORT Defendants' Notice of Appeal Update by Keith Ellison, Steve Simon, Tim Walz. (Finnerty, Kevin) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
76

STATUS REPORT by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Kaardal, Erick) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
77

ORDER LIFTING STAY. IT IS HEREBY ORDERED THAT: 1. The stay of this case 65 is DISSOLVED. 2. A hearing on defendants' motions to dismiss will be held remotely via Zoom on Friday, January 15, 2021, at 8:30 a.m. 3. Plaintiffs' response brief is due no later than Monday, November 30, 2020. 4. Defendants' reply briefs are due no later than Monday, December 21, 2020. Signed by Judge Patrick J. Schiltz on 11/16/2020.(CLG) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
78

MEMORANDUM in Opposition re 37 MOTION to Dismiss/General, 42 MOTION to Dismiss/General, 30 MOTION to Dismiss/General filed by Craig Anderson, Andrew Cilek, Kim Crockett, Yvonne Hundshamer, Craig Jones, Minnesota Voters Alliance. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
79

MEMORANDUM in Support re 30 MOTION to Dismiss/General filed by John Choi, Christopher A. Samuel. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Roche, Robert) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
80

MEMORANDUM in Support re 37 MOTION to Dismiss/General filed by Keith Ellison, Steve Simon, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Finnerty, Kevin) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
81

Reply to Response to Motion re 42 MOTION to Dismiss/General filed by Mark V. Chapin, Mike Freeman. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Pierce, Kelly) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
82

(Text-Only) NOTICE of Cancelation of Hearing: The hearing on defendants' motions to dismiss 30 37 42 scheduled for 1/15/2021 at 8:30 AM is CANCELED. The Court will consider the motions on the submissions of the parties without oral argument. (CLG) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
83

ORDER granting 30 37 42 Motions to Dismiss. IT IS HEREBY ORDERED THAT: 1. Defendants' motions to dismiss [30, 37, 42] are GRANTED. 2. To the extent that plaintiffs' claims rest on the alleged conflict between EO 20-81 and M inn. Stat. § 609.735, those claims are DISMISSED WITH PREJUDICE AND ON THE MERITS. 3. The remaining claims in plaintiffs' amended complaint 7 are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.(Written Opinion) Signed by Judge Patrick J. Schiltz on 1/11/2021. (CLG)

Jan. 11, 2021

Jan. 11, 2021

RECAP
83

ORDER granting 30 37 42 Motions to Dismiss. IT IS HEREBY ORDERED THAT: 1. Defendants' motions to dismiss [30, 37, 42] are GRANTED. 2. To the extent that plaintiffs' claims rest on the alleged conflict between EO 20-81 and M inn. Stat. § 609.735, those claims are DISMISSED WITH PREJUDICE AND ON THE MERITS. 3. The remaining claims in plaintiffs' amended complaint 7 are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.(Written Opinion) Signed by Judge Patrick J. Schiltz on 1/11/2021. (CLG)

Jan. 11, 2021

Jan. 11, 2021

RECAP
84

Judgment

Jan. 12, 2021

Jan. 12, 2021

PACER
84

Judgment

Jan. 12, 2021

Jan. 12, 2021

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 4, 2020

Closing Date: Jan. 12, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Minnesota Voters Alliance and five members of the organization

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Minnesota, State

Hennepin County (Hennepin), County

Ramsey County (Ramsey), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration