Independence Institute, The et al v. Buescher

Plaintiff: Independence Institute, The, Jon Caldara, Dennis Polhill, Jessica Corry, Mason Tvert, Russell Haas, Douglas Campbell and Louis Schroeder
Defendant: Bernie Buescher
Case Number: 1:2010cv00609
Filed: March 16, 2010
Court: Colorado District Court
Office: Denver Office
Presiding Judge: Philip A. Brimmer
Referring Judge: Michael E. Hegarty
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 21, 2010 101 Opinion or Order of the Court Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/21/2010, granting in part and denying without prejudice in part 87 Defendant's Motion to Compel Plaintiffs' Producti on of Documents and Information Sought in Discovery, and granting in part and denying in part 88 Defendant's Motion to Modify Scheduling Order. Discovery due by 3/31/2011. Dispositive Motions due by 3/31/2011. Rebuttal expert disclosures due by 2/20/2011. Defendant's Status Report due by 1/18/2011. Status Conference set for 1/21/2011 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom C-203) (mehcd)
February 1, 2011 109 Opinion or Order of the Court MINUTE ORDER granting 107 Motion to Amend Scheduling Order, by Magistrate Judge Michael E. Hegarty on 2/1/2011. (mehcd)
April 9, 2010 10 Opinion or Order of the Court MINUTE ORDER granting 8 Plaintiffs' Motion to Amend Complaint. The Clerk of Court is directed to enter the First Amended Complaint and accompanying documentation located at dockets ##8-1 and 8-2. By Magistrate Judge Michael E. Hegarty on 4/9/2010. (mehcd)
March 1, 2011 126 Opinion or Order of the Court Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 3/1/2011, taking under advisement 111 Secretary's Motion to Compel Testimony Pursuant to Fed. R. Civ. P. 30(b)(6). (FTR: C. Coomes -- Courtroom A-501) (mehcd)
March 2, 2011 127 Opinion or Order of the Court ORDER denying 111 Defendant Secretary's Motion to Compel Testimony Pursuant to Fed. R. Civ. P. 30(b)(6), and granting 118 Plaintiff Independence Institute's Motion for Protective Order, by Magistrate Judge Michael E. Hegarty on 3/2/2011. (mehcd)
March 25, 2011 134 Opinion or Order of the Court MINUTE ORDER granting in part and denying in part 131 Defendant's Unopposed Motion to Modify Scheduling Order. The fact discovery deadline is extended up to and including 4/11/2011 for the sole purpose of completing discovery as to Plaintiff Kennedy. For all other outstanding discovery issues, the fact discovery deadline remains set at 3/31/2011. Dispositive Motion deadline is extended up to and including 4/19/2011. By Magistrate Judge Michael E. Hegarty on 3/25/2011. (mehcd)
June 17, 2011 183 Opinion or Order of the Court Minute Entry for Final Pretrial Conference held before Magistrate Judge Michael E. Hegarty on 6/17/2011; 173 Defendant's Motion for Discovery (to Reopen) is GRANTED IN PART and DENIED IN PART. Counsel were directed to submit a revised Proposed Pretrial Order by 6/23/2011 at noon. Status Report due by 6/23/2011 at noon. (Court Reporter: FTR - Monique Wiles) (klmcd )
June 29, 2011 198 Opinion or Order of the Court ORDER SETTING CASE FOR TRIAL. Eight-day Bench Trial set for 5/14/2012 at 08:30 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 4/27/2012 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 6/29/11. (mnf, )
July 6, 2011 210 Opinion or Order of the Court ORDER denying as moot 172 Defendant's Motion for Sanctions pursuant to Fed. R. Civ. P. 37(c)(1), and denying 202 Plaintiff's Combined Emergency Motion to Quash Subpoena Duces Tecum to Charles Chavez and Emergency Motion to Adjourn the Deposition and/or Extend the Time for Compliance, by Magistrate Judge Michael E. Hegarty on 7/6/2011. (mehcd)
July 28, 2011 225 Opinion or Order of the Court MINUTE ORDER denying as moot 219 Defendant Secretary's Motion to Strike Plaintiffs Witnesses Chavez and Jacobs. Charles Chavez and Andrew Jacobs' affidavits are hereby withdrawn from Plaintiff's response, located at dockets ## 164 -22 and 164 -24. By Magistrate Judge Michael E. Hegarty on 7/28/11.(mnf, )
September 7, 2011 247 Opinion or Order of the Court MINUTE ORDER denying without prejudice 243 the Motion to Quash filed by Interested Parties Heidi Verougstraete and National Ballot Access, Inc., by Magistrate Judge Michael E. Hegarty on 9/7/2011. (mehcd)
September 12, 2011 251 Opinion or Order of the Court ORDER granting in part and denying in part 231 Defendant Secretary's Motion to Disqualify Alvin Anders from Testifying at Trial as a Sanction Pursuant to F.R.C.P. 30(d)(2) or, in the Alternative, to Continue the Deposition of Alvin Anders in Person Pursuant to F.R.C.P. 30(d)(1) and (2). By Magistrate Judge Michael E. Hegarty on 9/12/11.(mnfsl, )
September 15, 2011 260 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 9/15/2011, granting 253 Secretary's Unopposed Motion to Extend Discovery Deadline with Respect to Alvin Anders, and granting 255 Plaintiffs' Motion for Relief from Order Requiring Non-party Witness, Alvin Anders, to Travel More than 100 Miles for his Continued Deposition. The discovery deadline is extended to and including 10/15/2011. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
September 29, 2011 262 Opinion or Order of the Court ORDER granting in part and denying in part 235 Defendant Secretary's Motion to Strike Michael Gambrell as a Witness for Plaintiffs. By Magistrate Judge Michael E. Hegarty on 9/29/11.(mnfsl, )
October 28, 2011 273 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 10/28/2011, denying 263 Motion for Protective Order. Discovery due by 12/15/2011. Proposed Pretrial Order due by 12/12/2011. Final Pretrial Conference set for 12/15/2011 at 9:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
January 3, 2012 280 Opinion or Order of the Court MINUTE ORDER denying without prejudice 278 the Secretary's Motion for Entry of Protective Order Related to Witnesses Heidi Verougstraete and National Ballot Access, Inc., by Magistrate Judge Michael E. Hegarty on 1/3/2012. (mehcd)
March 16, 2012 301 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 3/16/2012, granting in part and denying in part 290 Secretary's Motion to Compel Supplemental Discovery Responses from Plaintiffs and Plaintiffs' Experts. Discovery due by 3/30/2012. Status Conference set for 3/30/2012 at 8:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
March 21, 2012 302 Opinion or Order of the Court ORDER granting 171 Secretary's Motion to Exclude Testimony of Brandon Holmes Pursuant to Fed. R. Civ. P. [sic] 702. Pursuant to Rule 702, Mr. Holmes may not testify: (1) that there is a widespread lack of signature fraud associated with statewide ballot initiatives or referendums; and (2) that better enforcement of Colorado's existing laws would adequately prevent signature fraud. By Judge Philip A. Brimmer on 3/21/12.(mnfsl, )
March 21, 2012 303 Opinion or Order of the Court ORDER granting in part and denying in part 175 Secretary's Motion to Exclude the Testimony of Edward Agazarm Pursuant to F.R.E. 702. Pursuant to Rule 702, Mr. Agazarm may not offer opinions regarding the effect Measure 26 has had on ballot initiatives in the State of Oregon. By Judge Philip A. Brimmer on 3/21/12.(mnfsl, )
March 21, 2012 304 Opinion or Order of the Court ORDER granting in part and denying in part 218 Secretary's Amended Motion to Exclude Testimony of Michael Arno Pursuant to F.R.E. 702 as indicated in this Order. By Judge Philip A. Brimmer on 3/21/12.(mnfsl, )
April 16, 2012 316 Opinion or Order of the Court MINUTE ORDER granting 313 the Secretary's Unopposed Motion to Amend Final Pretrial Order to Substitute Official Capacity Witness, by Magistrate Judge Michael E. Hegarty on 4/16/2012. (mehcd)
April 26, 2012 327 Opinion or Order of the Court ORDER. The 143 Secretary's Motion for Summary Judgment is granted in part and denied in part. The Secretary's Motion for Summary Judgment is granted as to plaintiffs' Second, Third, Fourth, Eighth, Ninth, and Tenth claims for relief. The Court denies the Secretary's Motion for Summary Judgment as to plaintiffs' First and Fifth claims for relief. Plaintiffs' Sixth and Seventh claims for relief are dismissed as moot. The 234 Secretary's Motion to Strike Portions of Affidavits Submitted in Support of Plaintiffs' Response to Motion for Summary Judgment is denied as moot. by Judge Philip A. Brimmer on 4/26/12.(mnfsl, )
March 29, 2013 364 Opinion or Order of the Court ORDER. Pursuant to the parties' 339 Consent to Entry of Final Judgment on Plaintiffs' First Claim, judgment shall enter in favor of plaintiff and against defendant Scott Gessler, in his official capacity as Colorado Secretary of State, on plaintiffs' first claim for relief. Judgment shall enter in favor of plaintiffs and against defendant Scott Gessler, in his official capacity as Colorado Secretary of State, on plaintiffs' fifth claim for relief. Defendant Scott Gessle r, in his official capacity as Colorado Secretary of State, is permanently enjoined and restrained from enforcing Colo. Rev. Stat. § 1-40-112(4), any ancillary provision which enforces Colo. Rev. Stat. § 1-40-112(4), and Colo. Rev. Stat. § 1-40-112(1). By Judge Philip A. Brimmer on 3/29/13. (mnfsl, )
March 29, 2013 365 Opinion or Order of the Court FINAL JUDGMENT by Clerk, re: 364 Order. By Clerk on 3/29/13. (mnfsl, )
May 17, 2013 383 Opinion or Order of the Court MINUTE ORDER. Defendant's 371 Motion for Protective Order Pursuant to Fed. R. Civ. P. 26(c) and Expedited Ruling and/or Hearing Re: the Relief Requested Herein. Defendant shall file a supplement to 380 Defendant's Second Motion for Pr otective Order on or before 5/20/2013 in conformity which D.C. Colo. LCivR 37.1. Plaintiffs shall file a response to the Motion on or before 5/24/2013, and Defendant may file a reply in support of the Motion no later than 5/29/2013. By Magistrate Judge Michael E. Hegarty on 5/17/13.(mnfsl, )
June 11, 2013 387 Opinion or Order of the Court ORDER granting in part and denying in part 380 Defendant's Second Motion for Protective Order Pursuant to Fed. R. Civ. P. 26(c). By Magistrate Judge Michael E. Hegarty on 6/11/13.(mnfsl, )
July 18, 2013 395 Opinion or Order of the Court MINUTE ORDER granting 394 Joint Motion for Mediation Regarding Fee Petition With Magistrate Judge Hegarty. Magistrate Judge Michael E. Hegarty is authorized to conduct a settlement conference regarding Plaintiffs' Motion for Attorneys Fees and Expenses [Docket No. 393 ]. By Judge Philip A. Brimmer on 7/18/2013. (klyon, )
May 19, 2010 44 Opinion or Order of the Court MINUTE ORDER granting 37 Plaintiff's Unopposed Second Motion to Amend Complaint. The Clerk of Court is directed to enter the Second Amended Complaint and accompanying exhibit located at Dockets ##37-1 and 37-2. By Magistrate Judge Michael E. Hegarty on 5/19/2010. (mehcd)
June 2, 2010 57 Opinion or Order of the Court Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 6/2/2010. taking under advisement 15 Motion for Preliminary Injunction. ORDERED: Counsel may simultaneously file briefs addressing the propriety of a federal court declaring a state statute violative of a state Constitution in this case by 12:00 noon on June 4, 2010. (Court Reporter Janet Coppock) (pabcd)
June 11, 2010 60 Opinion or Order of the Court ORDER: Plaintiffs' 15 Motion for Preliminary Injunction is granted in part and ruling is reserved in part. Defendant Bernie Buescher is enjoined and restrained from enforcing Colorado Revised Statutes § 1-40-112(4) or any ancillary provision which enforces Colorado Revised Statutes § 1-40-112(4), by Judge Philip A. Brimmer on 6/11/10.(ebs, )
August 13, 2010 72 Opinion or Order of the Court ORDER: The portions of plaintiffs' motion for preliminary injunction 15 on which the Court previously reserved ruling are GRANTED in part and DENIED in part. Defendant Bernie Buescher is ENJOINED AND RESTRAINED from enforcing the portions of Colorado Revised Statutes § 1-40-112(1), § 1-40-111(2)(a), and § 1-40-111(2)(b)(I)(C) which require petition circulators to be residents of the State of Colorado. The motion is DENIED in all other respects. By Judge Philip A. Brimmer on 8/13/10. (pabsec)
September 10, 2010 79 Opinion or Order of the Court ORDER denying without prejudice 63 Plaintiffs' Motion for Attorney's Fees and Costs. Denying without prejudice as moot 78 Defendant's Request for Leave to File a Surreply in Response to Plaintiffs' Motion for Attorney's Fees and Costs, by Judge Philip A. Brimmer on 9/10/10.(ebs, )
September 16, 2010 82 Opinion or Order of the Court MINUTE ORDER denying without prejudice 80 the Stipulated Protective Order, by Magistrate Judge Michael E. Hegarty on 9/16/2010. (mehcd)
September 23, 2010 85 Opinion or Order of the Court MINUTE ORDER granting 83 Stipulated Protective Order (Amended), by Magistrate Judge Michael E. Hegarty on 9/23/2010. (mehcd)
September 23, 2010 86 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER (AMENDED), by Magistrate Judge Michael E. Hegarty on 9/23/2010. (mehcd)

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Plaintiff: Independence Institute, The
Represented By: David Arthur Lane
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Plaintiff: Jon Caldara
Represented By: David Arthur Lane
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Plaintiff: Dennis Polhill
Represented By: David Arthur Lane
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Plaintiff: Jessica Corry
Represented By: David Arthur Lane
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Plaintiff: Mason Tvert
Represented By: David Arthur Lane
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Plaintiff: Russell Haas
Represented By: David Arthur Lane
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Plaintiff: Douglas Campbell
Represented By: David Arthur Lane
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Plaintiff: Louis Schroeder
Represented By: David Arthur Lane
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Defendant: Bernie Buescher
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