Angela Craig, et al v. Steve Simon, et al
| Steve Simon, in his official capacity as Minnesota Secretary of State |
| Angela Craig and Jenny Winslow Davies |
| Tyler Kistner |
| U.S. House of Representatives |
| 20-3126 |
| October 13, 2020 |
| U.S. Court of Appeals, Eighth Circuit |
| Voting |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. [4984249] [20-3126] (LMT) [Entered: 12/11/2020 10:14 AM]
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Originating court document filed consisting of 12/01/2020 Notice/Order pretrial sched. conference. [4980970] [20-3126] (MMH) [Entered: 12/02/2020 09:58 AM]
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LETTER from Interested Party Ms. Paula Mirare Overby regarding My motion to intervene was substantially delayed by clerical process. Denying the motion disregards substantive arguments defined by the United States Supreme Court. This is an exceptional case. There are circumstances which are previously unprecedented.. w/service 11/22/2020 [4978137] [20-3126] (PMO) [Entered: 11/22/2020 10:37 PM]
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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Steven M. Colloton and Duane Benton (PUBLISHED); Paula Overby's motion for leave to intervene on appeal is denied as untimely. [ # 4974589-2 ] [4977662] [20-3126] (NDW) [Entered: 11/20/2020 08:14 AM]
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JUDGMENT FILED - The order of the Originating Court is AFFIRMED in accordance with the opinion JAMES B. LOKEN, STEVEN M. COLLOTON and DUANE BENTON Hrg Nov 2020 [4977677] [20-3126] (NDW) [Entered: 11/20/2020 08:48 AM]
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ARGUED & SUBMITTED in Via Videoconference to Judges James B. Loken, Steven M. Colloton (presiding), Duane Benton on 11/13/2020. Mr. Richard Bryan Raile for Appellant Tyler Kistner; Mr. Marc E. Elias for Appellees Angela Craig and Jenny Winslow Davies. Rebuttal by Mr. Richard Bryan Raile for Tyler Kistner RECORDED. # Click Here To Listen to Oral Argument [4975385] [20-3126] (JMM) [Entered: 11/13/2020 10:58 AM]
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CORRECTED/INITIAL certificate of service for brief Reply brief, Doc No. [ # 4974380-2 ], Paper Brief, Doc No. [ # 4974949-2 ], filed by Appellant Tyler Kistner [4975621] [20-3126] (AMG) [Entered: 11/13/2020 03:04 PM]
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Paper copies Appellees brief, [ # 4973932-2 ] filed by Angela Craig and Jenny Winslow Davies. 10 paper copies received w/Addendum attached. [4974958] [20-3126] (BNW) [Entered: 11/12/2020 11:39 AM]
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Paper copies Reply brief, [ # 4974380-2 ] filed by Tyler Kistner. 10 paper copies received. Paper brief deficiency due 11/17/2020. [4974949] [20-3126] (BNW) [Entered: 11/12/2020 11:33 AM]
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Paper copies Amicus Brief, [ # 4973963-2 ] filed by U.S. House of Representatives. 10 paper copies received. [4974959] [20-3126] (BNW) [Entered: 11/12/2020 11:42 AM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument Via Videoconference on Friday, November 13, 2020. To be heard before Judges James B. Loken, Steven M. Colloton and Duane Benton in Division I. The courtroom deputy will be Kimberly Smith. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. [4974497] [20-3126] (KAS) [Entered: 11/10/2020 11:49 AM]
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JUDGE ORDER: On the court's own motion, this matter is set for a videoconference oral argument on Friday, November 13, 2020, at 10:00 a.m. Central Time. Each side will be allotted twenty minutes for oral argument. Hrg Nov 2020 [4974488] [20-3126] (KAS) [Entered: 11/10/2020 11:28 AM]
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CERTIFICATE OF SERVICE/COMPLIANCE filed by Attorney Mr. Charles Nathan Nauen for Appellees Angela Craig and Jenny Winslow Davies correcting [ # 4973932-2 ] brief Appellee/Respondent brief filed by Appellees, [ # 4973924-2 ] Addendum filed by Appellees. [4974401] [20-3126]--[Edited 11/10/2020 by LMT] (CNN) [Entered: 11/10/2020 10:00 AM]
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MOTION of Interested Party Paula Overby , for leave to intervene on behalf of appellant. w/service 11/10/2020. [4974589] [20-3126] (MR) [Entered: 11/10/2020 01:56 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Tyler Kistner. w/service 11/09/2020 , Length: 6492 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Tyler Kistner due 11/12/2020 WITH certificate of service for paper briefs [4974380] [20-3126] (LMT) [Entered: 11/10/2020 09:21 AM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Marc E. Elias for Angela Craig and Jenny Winslow Davies for argument in November, at the Tele/Video Conference in Minneapolis, Minnesota. [4974621] [20-3126] (MEE) [Entered: 11/10/2020 02:40 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Richard B. Raile for Appellant Tyler Kistner for argument in November, at the Tele/Video Conference in Other. [4974664] [20-3126] (RBR) [Entered: 11/10/2020 03:34 PM]
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LETTER regarding brief filing filed by Minnesota Attorney General. w/service 11/10/2020 [4974708] [20-3126] (LMT) [Entered: 11/10/2020 04:25 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Nathan J. Hartshorn for Steve Simon for argument in November, at the Tele/Video Conference in St. Paul, Minnesota. [4974661] [20-3126] (NJH) [Entered: 11/10/2020 03:29 PM]
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BRIEF FILED - APPELLEE BRIEF filed by Angela Craig and Jenny Winslow Davies, w/service 11/06/2020 , Length: 10,052 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Angela Craig and Jenny Winslow Davies due 11/12/2020 WITH certificate of service for paper briefs [4973932] [20-3126] Reply brief due today. (LMT) [Entered: 11/09/2020 08:36 AM]
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ADDENDUM of APPELLEES FILED by Appellees Angela Craig and Jenny Winslow Davies , w/service 11/06/2020 [4973924] [20-3126] (LMT) [Entered: 11/09/2020 08:28 AM]
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JUDGE ORDER:Granting [ # 4973866-2 ] motion of U.S. House of Representatives for leave to file amicus brief in support of the appellees. Adp Oct 2020 [4973958] [20-3126] (LMT) [Entered: 11/09/2020 09:12 AM]
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REPLY brief of Tyler Kistner submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4974317] [20-3126] (AMG) [Entered: 11/09/2020 06:51 PM]
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BRIEF FILED - AMICUS BRIEF filed by U.S. House of Representatives w/service 11/06/2020 , Length: 4714 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM U.S. House of Representatives due 11/12/2020 WITH certificate of service for paper briefs [4973963] [20-3126] (LMT) [Entered: 11/09/2020 09:19 AM]
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MOTION interested party, U.S. HOUSE OF REPRESENTATIVES , for leave to file amicus curiae brief on behalf of Plaintiffs-Appellees. w/service 11/06/2020. [4973866] [20-3126] (DNL) [Entered: 11/06/2020 05:24 PM]
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APPELLEE brief of Angela Craig and Jenny Winslow Davies submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4973874] [20-3126] (CNN) [Entered: 11/06/2020 09:25 PM]
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JUDGE ORDER:The Attorney General of Minnesota is invited to file a brief in this case expressing the views of the State of Minnesota, including whether Minn.Stat. sec. 204B.13 is constitutional as applied in this case or is preempted by federal law. The Attorney General's brief should be filed by November 11, 2020. Adp Oct 2020 [4973868] [20-3126] (RJW) [Entered: 11/06/2020 05:41 PM]
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Addendum of APPELLEE submitted for review by Angela Craig and Jenny Winslow Davies. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4973875] [20-3126] (CNN) [Entered: 11/06/2020 09:28 PM]
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LETTER from Appellee Steve Simon notifying the Court they will not be filing a brief in this case - - FOR CAL. w/service 11/05/2020 [4973430] [20-3126] (NJH) [Entered: 11/05/2020 04:28 PM]
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Paper copies Appellant/Petitioner Brief, [ # 4971739-2 ] filed by Tyler Kistner 10 paper copies received, w/Addendum attached. [4972348] [20-3126] (HAG) [Entered: 11/03/2020 12:08 PM]
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APPELLANT brief of Tyler Kistner submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4971700] [20-3126] (AMG) [Entered: 11/02/2020 09:02 AM]
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Brief deficiency notice sent to counsel, Mr. Andrew Michael Grossman for Appellant Tyler Kistner and Mr. Rondell Reid LeBeau, II for Appellant Tyler Kistner. [4971660] [20-3126] (LMT) [Entered: 11/02/2020 08:29 AM]
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ADDENDUM of APPELLANT FILED by Appellant Tyler Kistner , w/service 10/30/2020 [4971657] [20-3126] (LMT) [Entered: 11/02/2020 08:23 AM]
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BRIEF FILED - APPELLANT BRIEF filed by Tyler Kistner. w/service 10/30/2020 , Length: 8668 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Tyler Kistner due 11/04/2020 WITH certificate of service for paper briefs. Briefs of Angela Craig, Jenny Winslow Davies and Steve Simon due on 11/06/2020 [4971739] [20-3126] (LMT) [Entered: 11/02/2020 09:38 AM]
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RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #64 [Copy do not return to the District Court at end of case], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 10/07/2020, No. of Pgs.: 57, Court Reporter: Simpson, Lori Ann [4971903] [20-3126] (STL) [Entered: 11/02/2020 01:00 PM]
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RECORD FILED - APLNT/PET APPENDIX, 1 volumes, Comments: 3 Copies [4971769] [20-3126] (AMT) [Entered: 11/02/2020 10:12 AM]
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APPELLANT brief of Tyler Kistner submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4971623] [20-3126] (AMG) [Entered: 10/30/2020 06:29 PM]
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Addendum of APPELLANT submitted for review by Tyler Kistner. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4971624] [20-3126] (AMG) [Entered: 10/30/2020 06:39 PM]
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APPEARANCE filed by Jessica E. Underwood for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/29/2020 [4970838] [20-3126] (JU) [Entered: 10/29/2020 10:56 AM]
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APPEARANCE filed by Caitlin J. Halligan for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/29/2020 [4970834] [20-3126] (CJH) [Entered: 10/29/2020 10:51 AM]
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STATEMENT of issues filed by Appellant Tyler Kistner - w/service 10/28/2020. [4970715] [20-3126] (AMG) [Entered: 10/28/2020 05:41 PM]
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METHOD of appendix preparation filed by Appellant Tyler Kistner - Separate Appendix - w/service 10/28/2020 [4970713] [20-3126] (AMG) [Entered: 10/28/2020 05:28 PM]
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Certificate of transcript filed by Appellant Tyler Kistner. No Transcript[4970714] [20-3126] (AMG) [Entered: 10/28/2020 05:30 PM]
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JUDGE ORDER:Granting [ # 4969547-2 ] emergency motion to advance the briefing schedule filed by Mr. Andrew Michael Grossman. The briefing schedule is amended as follows: Mr. Kistner's opening brief and appendix is due October 30, 2020; Appellees' response briefs are due on November 6, 2020; and Mr. Kistner's reply brief is due on November 9, 2020. Adp Oct 2020 [4969693] [20-3126]--[Edited 10/28/2020 by RJW] (RJW) [Entered: 10/26/2020 05:37 PM]
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EMERGENCY MOTION for an expedited appeal - amend briefing schedule, filed by Attorney Mr. Andrew Michael Grossman for Appellant Tyler Kistner w/service 10/26/2020. [4969547] [20-3126]--[Edited 10/26/2020 by LMT]--[Edited 10/26/2020 by LMT] (AMG) [Entered: 10/26/2020 03:09 PM]
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APPEARANCE filed by Douglas N. Letter for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968781] [20-3126] (DNL) [Entered: 10/23/2020 11:17 AM]
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APPEARANCE filed by Todd B. Tatelman for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968787] [20-3126] (TBT) [Entered: 10/23/2020 11:20 AM]
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RESPONSE: Amicus Brief in opposition to motion for stay [ # 4965000-2 ] filed by Attorney Mr. Douglas Neal Letter for Amicus on Behalf of Appellee(s) U.S. House of Representatives , w/service 10/23/2020. [4968748] [20-3126]--[Edited to correct filing event and relief 10/23/2020 by AMT] (CMD) [Entered: 10/23/2020 10:37 AM]
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JUDGE ORDER:Granting [ # 4966195-2 ] the motion of the U.S. House of Representatives to file an amicus brief in support of appellees. Adp Oct 2020 [4968731] [20-3126] (CMD) [Entered: 10/23/2020 10:12 AM]
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OPINION FILED - THE COURT: James B. Loken, Steven M. Colloton and Duane Benton AUTHORING JUDGE:Steven M. Colloton (PUBLISHED); Denying [ # 4965000-2 ] motion for administrative stay and stay pending appeal filed by Mr. Rondell Reid LeBeau, II and Mr. Andrew Michael Grossman. Granting [ # 4965000-3 ] motion for an expedited appeal filed by Mr. Rondell Reid LeBeau, II and Mr. Andrew Michael Grossman. The clerk is directed to establish an expedited briefing schedule. [4968694] [20-3126] (CMD) [Entered: 10/23/2020 09:17 AM]
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APPEARANCE filed by Megan Barbero for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968789] [20-3126] (MB) [Entered: 10/23/2020 11:22 AM]
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APPEARANCE filed by Josephine Morse for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968791] [20-3126] (JM) [Entered: 10/23/2020 11:25 AM]
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CLERK ORDER: Pursuant to the court's directions to the clerk to set an expedited briefing schedule, the following briefing schedule is established: Brief of Tyler Kistner due 11/06/2020. Appendix due on 11/06/2020. Brief of Angela Craig, Jenny Winslow Davies and Steve Simon due 11/20/2020. Reply brief of Tyler Kistner due 11/30/2020. A date and time for oral argument will be established after the court has conducted a review of the parties' briefs. [4968842] [20-3126] (CMD) [Entered: 10/23/2020 12:04 PM]
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APPEARANCE filed by Eric R. Columbus for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968794] [20-3126] (EC) [Entered: 10/23/2020 11:28 AM]
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APPEARANCE filed by Lisa K. Helvin for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968810] [20-3126] (LKH) [Entered: 10/23/2020 11:37 AM]
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APPEARANCE filed by William E. Havemann for Amicus on Behalf of Appellee(s) U.S. House of Representatives w/service 10/23/2020 [4968793] [20-3126] (WEH) [Entered: 10/23/2020 11:26 AM]
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Originating court document filed consisting of 10/19/2020 text-only Order and Judgment. [4967319] [20-3126] (MMH) [Entered: 10/20/2020 10:29 AM]
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MOTION interested party, United States House of Representatives , for leave to file amicus curiae brief on behalf of The Appellees. w/service 10/16/2020. [4966195] [20-3126] (DNL) [Entered: 10/16/2020 09:53 AM]
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RESPONSE in opposition to motion [ # 4965000-2 ], motion [ # 4965000-3 ] filed by Attorney Mr. Charles Nathan Nauen for Appellees Angela Craig and Jenny Winslow Davies , w/service 10/16/2020. [4966184] [20-3126] (CNN) [Entered: 10/16/2020 09:36 AM]
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AMICUS/INTERVENOR brief of United States House of Representatives submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4966198] [20-3126] (DNL) [Entered: 10/16/2020 09:57 AM]
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CERTIFICATE OF COMPLIANCE filed by correcting [ # 4966195-2 ] motion leave to file amicus brief , [ # 4966195-3 ] Interested Party motion. [4966302] [20-3126] (DNL) [Entered: 10/16/2020 11:59 AM]
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RESPONSE in opposition to motion for stay [ # 4965000-2 ], motion for an expedited appeal [ # 4965000-3 ] filed by Attorney Mr. Nathan J. Hartshorn for Appellee Steve Simon , w/service 10/16/2020. [4966374] [20-3126] (NJH) [Entered: 10/16/2020 01:23 PM]
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REPLY to response [ # 4966184-2 ] filed by Appellant Tyler Kistner w/service 10/16/2020. [4966612] [20-3126] (AMG) [Entered: 10/16/2020 04:44 PM]
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APPEARANCE filed by Jeffrey K. Holth for Appellant Tyler Kistner w/service 10/14/2020 [4965549] [20-3126] (JKH) [Entered: 10/14/2020 03:57 PM]
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APPEARANCE filed by Rondell Reid LeBeau II for Appellant Tyler Kistner w/service 10/14/2020 [4965545] [20-3126] (RRL) [Entered: 10/14/2020 03:51 PM]
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APPEARANCE filed by Kevin J. Hamilton for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965293] [20-3126] (KJH) [Entered: 10/14/2020 11:08 AM]
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APPEARANCE filed by Laura Hill for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965550] [20-3126] (LH) [Entered: 10/14/2020 04:02 PM]
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APPEARANCE filed by Marc E. Elias for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965306] [20-3126] (MEE) [Entered: 10/14/2020 11:16 AM]
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APPEARANCE filed by Nitika Arora for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965598] [20-3126] (NA) [Entered: 10/14/2020 05:18 PM]
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APPEARANCE filed by Joel J. Ramirez for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965600] [20-3126] (JJR) [Entered: 10/14/2020 05:40 PM]
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APPEARANCE filed by Holly M. Simpkins for Appellees Angela Craig and Jenny Winslow Davies w/service 10/14/2020 [4965599] [20-3126] (HMS) [Entered: 10/14/2020 05:29 PM]
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EMERGENCY MOTION for administrative stay, stay pending appeal, for expedited consideration filed by Mr. Andrew Michael Grossman for Appellant Tyler Kistner and Mr. R. Reid LeBeau, II for Appellant Tyler Kistner w/service 10/13/2020. [4965000] [20-3126]--[Edited 10/13/2020 by LMT] (AMG) [Entered: 10/13/2020 02:40 PM]
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APPEARANCE filed by Andrew M. Grossman for Appellant Tyler Kistner w/service 10/13/2020 [4964933] [20-3126] (AMG) [Entered: 10/13/2020 01:56 PM]
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BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 11/23/2020. Appendix due 12/02/2020. BRIEF APPELLANT, Tyler Kistner due 12/02/2020 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [4964836] [20-3126] (MMH) [Entered: 10/13/2020 11:50 AM]
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Originating court document filed consisting of text-only court order of 10/13/2020 re motion to stay prelim. injunction, [4965087] [20-3126] (MMH) [Entered: 10/13/2020 04:21 PM]
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Originating court document filed consisting of notice of appeal, docket entries, and Order granting motion to intervene and motion for preliminary injunction 10/9/20. NOTE: THIS IS AN INTERLOCUTORY APPEAL. [4964827] [20-3126] (MMH) [Entered: 10/13/2020 11:42 AM]
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APPEARANCE filed by Charles N. Nauen for Appellees Angela Craig and Jenny Winslow Davies w/service 10/13/2020 [4965123] [20-3126] (CNN) [Entered: 10/13/2020 07:09 PM]
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Civil case docketed. [4964804] [20-3126] (MMH) [Entered: 10/13/2020 11:13 AM]
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APPEARANCE filed by Rachel A. Kitze Collins for Appellees Angela Craig and Jenny Winslow Davies w/service 10/13/2020 [4965125] [20-3126] (RK) [Entered: 10/13/2020 07:13 PM]
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APPEARANCE filed by David J. Zoll for Appellees Angela Craig and Jenny Winslow Davies w/service 10/13/2020 [4965124] [20-3126] (DJZ) [Entered: 10/13/2020 07:11 PM]
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APPEARANCE filed by Nathan J. Hartshorn for Not Party Steve Simon w/service 10/13/2020 [4965098] [20-3126] Counsel contacted regarding not party status of Simon. Counsel added for information only.--[Edited 10/14/2020 by LMT] (NJH) [Entered: 10/13/2020 04:32 PM]
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