Parable et al v. Griswold
| Parable, Ron Hanks, Laurel Imer, Dave Peters, Charles W Stockham, Joann Windholz, Charles W. Stockham and Casper |
| Secretary of State Jena Griswold and Jena Griswold |
| Jared Polis, Philip J Weiser, Kelly Brough, Hank Brown, Bernie Buescher, John Hereford, Gail H. Klapper, Amber McReynolds, Bill Owens, Dan Ritchie, Bill Ritter, Chris Romer, Roy Romer, Michael Hancock, John Suthers, Kent Thiry, Colorado Concern, Democrats for Education Reform, Let Colorado Vote, Ready Colorado, Denver Metro Chamber of Commerce, Inc., Public Interest Legal Foundation, Inc., Brenda Freeburn and Paul Freeburn |
| 1:2022cv00477 |
| February 24, 2022 |
| U.S. District Court for the District of Colorado |
| John L Kane |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 62 FINAL JUDGMENT by Judge John L. Kane on 4/15/22. (babia) |
Filing 61
Memorandum Opinion and Order on Motion to Dismiss. For the reasons provided in this Order, Defendant's Motion to Dismiss (ECF No. #27 ) is GRANTED. Plaintiffs' first four claims and part of their fifth are DISMISSED WITHOUT PREJUDICE. Their fifth claim, insomuch as it relates to the individual Plaintiffs, is DISMISSED WITH PREJUDICE. Plaintiffs' Motion for a Preliminary Injunction (ECF No. #2 ) is DENIED AS MOOT, by Judge John L. Kane on 4/8/2022.(angar, )
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| Filing 60 MINUTE ENTRY for In Court Hearing Preliminary Injunction proceedings held before Judge John L. Kane on 4/6/2022. Taking under advisement #2 Motion for Preliminary Injunction; Taking under advisement #27 Motion to Dismiss for Lack of Jurisdiction. Court Reporter: Kevin Carlin. (babia) |
| Filing 59 MINUTE ENTRY for In Court Hearing - Preliminary Injunction proceedings held before Judge John L. Kane on 4/5/2022. ORDERED: Todays Preliminary Injunction hearing will continue on April 6, 2022 at 9:00 a.m. Court Reporter: Kevin Carlin. (babia) |
| Filing 58 Exhibit List by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Corporon, Randy) |
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Filing 57
ORDER denying #56 Plaintiffs' Motion to Strike "Reply" Brief of Amici Brenda and Paul Freeburn Or, In the Alternative, Response to Supplemental Authority. The Reply Brief filed by Amici Brenda and Paul Freeburn #51 was appropriately filed pursuant to my March 25 Minute Order. The court will nevertheless consider the incorporated motion as a surreply #56 . Ordered by Judge John L. Kane on 4/4/2022. Text Only Entry(jlksec)
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| Filing 56 MOTION to Strike "Reply" Brief of Amici Brenda and Paul Freeburn by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham. (Corporon, Randy) |
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Filing 55
ORDER re: Preliminary Injunction Hearing. This case is scheduled for a Preliminary Injunction hearing on April 5, 2022, at 9:30 a.m. I will be considering the Plaintiffs' Motion for a Preliminary Injunction (ECF No. #2 ) in tandem with Defendant's Motion to Dismiss (ECF No. #27 ). ORDERED by Judge John L. Kane on 4/4/2022. Preliminary Injunction hearing set for 4/5/2022 at 09:30 AM in Courtroom A 802 before Judge John L. Kane. (angar, )
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| Filing 54 Witness List by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Eastman, John) |
| Filing 53 Witness List by Defendant Jena Griswold. (Buckley, Emily) |
| Filing 52 Exhibits in Support of 36 Minute Order,,,, Unified Exhibit List by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Eastman, John) |
| Filing 51 REPLY to Response to #40 Unopposed MOTION to File Amicus Brief Reply to Response to Brief of Amici Curiae Brenda and Paul Freeburn in Support of Defendant filed by Amicus Parties Brenda Freeburn, Paul Freeburn. (Sagal, Roger) |
| Filing 50 REPLY to Response to #27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Defendant Jena Griswold. (Buckley, Emily) |
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Filing 49
MINUTE ORDER: Any Replies to the various Amici Curiae briefs should be filed on or before noon on Friday, April 1, 2022. Ordered by Judge John L. Kane on 3/25/2022. Text Only Entry (jlksec)
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Filing 48
ORDER granting #46 Plaintiffs' Opposed Motion to File Amended Response to Amici Curiae. The parties are directed to review my Pretrial and Trial Procedures Memorandum, available on the court's website at http://www.cod/uscourts.gov/Home.aspx (see 36 ). In that Memorandum, I explicitly state that there are no prescribed page limits for briefs and counsel are expected to exercise their good judgment. Ordered by Judge John L. Kane on 3/25/2022. Text Only Entry(jlksec)
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| Filing 47 RESPONSE to #46 MOTION to Amend/Correct/Modify #44 Reply to Response to Motion Briefs of Amici Curiae Governor Polis & Attorney General Weiser, Amici Curiae Kelly Brough et al., and Amici Curiae Brenda and Paul Freeburn , Plaintiffs' Opposed Motion to File Amended Response to Amici Curiae filed by Defendant Jena Griswold. (Attachments: #1 Exhibit To Response to Motion to Amend)(Sullivan, Grant) |
| Filing 46 MOTION to Amend/Correct/Modify #44 Reply to Response to Motion Briefs of Amici Curiae Governor Polis & Attorney General Weiser, Amici Curiae Kelly Brough et al., and Amici Curiae Brenda and Paul Freeburn by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Attachments: #1 Exhibit AMENDED RESPONSE TO AMICI CURIAE)(Corporon, Randy) |
| Filing 45 ADVISORY NOTICE: re: #43 Plaintiffs' Reply in Support of MOTION for Preliminary Injunction. The document is incorrectly filed as a Motion. DO NOT REFILE THE DOCUMENT. Action to take - Future filings should use the proper event in CM/ECF. Please refer to the Electronic Case Filing User Manual found on the court's website.(Text Only Entry) (angar, ) |
| Filing 44 REPLY to Response to #2 MOTION for Preliminary Injunction Response to Amici Curiae filed by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Eastman, John) |
| Filing 43 First MOTION for Preliminary Injunction Reply Brief by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham, Joann Windholz. (Attachments: #1 Affidavit Declaration of Scott Gessler, #2 Affidavit Declaration of Charles Heatherly)(Eastman, John) Modified on 3/24/2022 to term as motion per ECF 45 Notice (angar, ). |
| Filing 42 BRIEF by Amicus Parties Brenda Freeburn, Paul Freeburn. (Sagal, Roger) |
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Filing 41
ORDER granting #40 Unopposed Motion for Leave to File Brief of Brenda and Paul Freeburn as Amici Curiae in Support of Defendant. The attorneys for the Freeburns shall file a separate docket entry on or before noon, March 24, 2022. Any responses to the brief shall be filed before Tuesday, March 29, 2022. Ordered by Judge John L. Kane on 3/23/2022. Text Only Entry(jlksec)
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| Filing 40 Unopposed MOTION to File Amicus Brief by Amicus Parties Brenda Freeburn, Paul Freeburn. (Attachments: #1 Exhibit Amicus Brief)(Sagal, Roger) |
| Filing 39 BRIEF Amicus Curiae in Support of Plaintiffs by Amicus Public Interest Legal Foundation, Inc.. (Phillips, Kaylan) |
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Filing 38
ORDER granting #37 Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs. The attorneys for Public Interest Legal Foundation shall file a separate docket entry on or before close of business today, March 22, 2022. Any responses to the brief shall be filed before Tuesday, March 29, 2022. Ordered by Judge John L. Kane on 3/22/2022. Text Only Entry(jlksec)
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| Filing 37 MOTION to File Amicus Brief in Support of Plaintiffs by Amicus Public Interest Legal Foundation, Inc.. (Attachments: #1 Exhibit A - Proposed Amicus Brief)(Phillips, Kaylan) |
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Filing 36
MINUTE ORDER. A Preliminary Injunction Hearing is set for Tuesday, April 5, 2022, at 9:30 AM before Judge John L. Kane in Courtroom A802, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Parties, counsel, and others in attendance must abide by all protocols relating to the COVID-19 pandemic. Those protocols can be found on the District Court website, www.cod.uscourts.gov. Individuals who wish to monitor the hearing via the public access line are directed to call the Court's conference line as a participant Toll Free: 877-336-1831, Access Code 6747227#, five minutes before the scheduled time. Updated witness and exhibit lists shall be filed no later than noon on Friday, April 1, 2022. See Section II(C), (D) for instructions regarding proper procedures for these lists in Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website at http://www.cod.uscourts.gov/Home.aspx (Select Judge Kane under "Judicial Officers," "Senior Article III Judges"). Ordered by Judge John L. Kane on 3/18/2022. Text Only Entry (jlksec)
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| Filing 35 Witness List Secretary by Defendant Jena Griswold. (Sullivan, Grant) |
| Filing 34 BRIEF by Amicus Parties Kelly Brough, Hank Brown, Bernie Buescher, Colorado Concern, Democrats for Education Reform, Denver Metro Chamber of Commerce, Inc., Michael Hancock, John Hereford, Gail H. Klapper, Let Colorado Vote, Amber McReynolds, Bill Owens, Ready Colorado, Dan Ritchie, Bill Ritter, Chris Romer, Roy Romer, John Suthers, Kent Thiry. (Benevento, Gwendolyn) |
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Filing 33
MINUTE ORDER. Since this case has been reassigned to me, all previously set deadlines are VACATED with the exception of the March 23, 2022, deadline for Plaintiffs to respond to the Amicus Brief filed by Amici Curiae Governor Polis and Attorney General Weiser #18 . Defendants' Unopposed Motion to Expedite Briefing on the Motion to Dismiss #28 is GRANTED. Plaintiffs are directed to file a combined Reply in Support of their Motion for Preliminary Injunction and Response to Defendants' Motion to Dismiss on or before March 23, 2022. Defendants may file any Reply in Support of their Motion to Dismiss on or before March 29, 2022. The Court has availability to hold the Preliminary Injunction Hearing on April 5, 6, or 7 at 9:30 a.m. The parties are directed to confer on which of these dates is preferable. Then, Plaintiffs' counsel shall email kane_chambers@cod.uscourts.gov on or before March 21, 2022, with the chosen date so that a setting may be docketed. Ordered by Judge John L. Kane on 3/17/2022. Text Only Entry(jlksec)
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Filing 32
ORDER granting #29 Motion to File Amicus Brief. The attorneys for Amici Curiae shall file a separate docket entry on or before close of business today, March 17, 2022. Plaintiffs may file a response to the brief on or before Wednesday, March 23, 2022. Ordered by Judge John L. Kane on 3/17/2022. Text Only Entry(jlksec)
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Filing 31
ORDER TRANSFERRING CASE by Chief Judge Philip A. Brimmer on 3/17/2022. Based on my unavailability due to a criminal trial starting February 22, 2022 andending March 29, 2022, it is ORDERED that, pursuant to D.C.COLO.LCivR 40.1(d)(4)(B), this case is transferred to Senior Judge John L. Kane Case. All future pleadings should be designated as 22-cv-00477-JLK. (sphil, )
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| Filing 30 NOTICE of Entry of Appearance by Gwendolyn A. Benevento on behalf of Kelly Brough, Hank Brown, Bernie Buescher, Colorado Concern, Democrats for Education Reform, Michael Hancock, John Hereford, Gail H. Klapper, Let Colorado Vote, Amber McReynolds, Bill Owens, Ready Colorado, Dan Ritchie, Bill Ritter, Chris Romer, Roy Romer, John Suthers, Kent Thiry, Denver Metro Chamber of Commerce, Inc.Attorney Gwendolyn A. Benevento added to party Denver Metro Chamber of Commerce, Inc.(pty:am) (Benevento, Gwendolyn) |
| Filing 29 Unopposed MOTION to File Amicus Brief by Amicus Parties Kelly Brough, Hank Brown, Bernie Buescher, John Hereford, Gail H. Klapper, Amber McReynolds, Bill Owens, Dan Ritchie, Bill Ritter, Chris Romer, Roy Romer, Michael Hancock, John Suthers, Kent Thiry, Colorado Concern, Democrats for Education Reform, Let Colorado Vote, Ready Colorado, Colorado Concern. (Benevento, Gwendolyn) |
| Filing 28 Unopposed MOTION to Expedite Briefing on Motion to Dismiss by Defendant Jena Griswold. (Buckley, Emily) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant Jena Griswold. (Buckley, Emily) |
| Filing 26 STIPULATION OF FACTS by Defendant Jena Griswold. (Sullivan, Grant) |
| Filing 25 Witness List by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W. Stockham. (Corporon, Randy) |
| Filing 24 BRIEF of Amici Curiae Governor Polis and Attorney General Weiser in Support of Defendant, re 23 Order on Motion to Amend/Correct/Modify, by Amicus Parties Jared Polis, Philip J Weiser. (Attachments: #1 Appendix A to Amici Brief). (brief filed in this case pursuant to [#23] Order)(sphil, ) |
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Filing 23
ORDER by Chief Judge Philip A. Brimmer on 3/15/2022. The Unopposed Motion to Amend Docket Entry 18 [Docket No. 22] is GRANTED. The Clerk of Court shall docket Docket No. 22-1 as a separate entry with Docket No. 22-2 as an attachment thereto. Text Only Entry(pabsec, )
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| Filing 22 Unopposed MOTION to Amend/Correct/Modify #18 Brief by Amicus Parties Jared Polis, Philip J Weiser. (Attachments: #1 Exhibit A - Amici Brief, #2 Appendix A to Amici Brief)(Hinchcliff, Abigail) |
| Filing 21 NOTICE of Entry of Appearance by Eric R. Olson on behalf of Jared Polis, Philip J WeiserAttorney Eric R. Olson added to party Jared Polis(pty:am), Attorney Eric R. Olson added to party Philip J Weiser(pty:am) (Olson, Eric) |
| Filing 20 NOTICE of Entry of Appearance by Kurtis Todd Morrison on behalf of Jared Polis, Philip J WeiserAttorney Kurtis Todd Morrison added to party Jared Polis(pty:am), Attorney Kurtis Todd Morrison added to party Philip J Weiser(pty:am) (Morrison, Kurtis) |
| Filing 19 NOTICE of Entry of Appearance by Natalie Marie Hanlon-Leh on behalf of Jared Polis, Philip J WeiserAttorney Natalie Marie Hanlon-Leh added to party Jared Polis(pty:am), Attorney Natalie Marie Hanlon-Leh added to party Philip J Weiser(pty:am) (Hanlon-Leh, Natalie) |
| Filing 18 BRIEF of Amici Curiae Governor Polis and Attorney General Weiser in Support of Defendant by Amicus Parties Jared Polis, Philip J Weiser. (Attachments: #1 Attachment A) (brief filed in this case pursuant to [#17] Order). (sphil, ) |
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Filing 17
ORDER by Chief Judge Philip A. Brimmer on 3/15/2022 re: #16 Motion to File Amicus Brief is GRANTED. The Clerk of Court shall docket Docket No. 16-1 as a separate entry with Docket No. 16-2 as an attachment thereto. Plaintiffs may file a twelve page response to the brief on or before Wednesday, March 23, 2022. Text Only Entry(pabsec, )
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| Filing 16 MOTION to File Amicus Brief in Support of Defendant by Amicus Parties Jared Polis, Philip J Weiser. (Attachments: #1 Exhibit A - Amici Brief, #2 Appendix to Amici Brief)(Hinchcliff, Abigail) |
| Filing 15 NOTICE of Entry of Appearance by Abigail M. Hinchcliff on behalf of Jared Polis, Philip J WeiserAttorney Abigail M. Hinchcliff added to party Jared Polis(pty:am), Attorney Abigail M. Hinchcliff added to party Philip J Weiser(pty:am) (Hinchcliff, Abigail) |
| Filing 14 RESPONSE to #2 MOTION for Preliminary Injunction filed by Defendant Jena Griswold. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sullivan, Grant) |
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Filing 13
ORDER by Chief Judge Philip A. Brimmer on 3/11/2022 re: #12 Motion for Leave to File Excess Pages is GRANTED. Text Only Entry(pabsec, )
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| Filing 12 Unopposed MOTION for Leave to File Excess Pages by Defendant Jena Griswold. (Attachments: #1 Proposed Order (PDF Only))(Buckley, Emily) |
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Filing 11
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/1/2022, re: #3 plaintiffs' Motion for Expedited Briefing Schedule and Expedited Hearing on Plaintiff's Motion for Preliminary Injunction (Forthwith Consideration Requested) is GRANTED in part and DENIED in part. ORDERED that defendant shall respond to the motion for a preliminary injunction on or before March 14, 2022. Plaintiffs shall reply on or before March 21, 2022. ORDERED that, in order for the Court to determine the appropriate length of the preliminary injunction hearing, plaintiffs shall file a witness list by Tuesday, March 15, 2022 at 5:00 p.m.. ORDERED that defendant shall file by Thursday, March 17, 2022 at 5:00 p.m., a witness list for the preliminary injunction hearing. ORDERED that counsel shall jointly contact Chambers via conference call (303-335-2794) on Friday, March 18, 2022 to schedule a preliminary injunction hearing. (sphil, )
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| Filing 10 WAIVER OF SERVICE Returned Executed by Charles W. Stockham, Laurel Imer, Ron Hanks, Joann Windholz, Parable, Dave Peters. Jena Griswold waiver sent on 2/28/2022, answer due 4/29/2022. (Corporon, Randy) |
| Filing 9 RESPONSE to #3 MOTION to Expedite Briefing Schedule OPPOSITION TO MOTION FOR EXPEDITED BRIEFING SCHEDULE AND EXPEDITED HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Defendant Jena Griswold. (Buckley, Emily) |
| Filing 8 NOTICE of Entry of Appearance by Emily B. Buckley on behalf of Jena GriswoldAttorney Emily B. Buckley added to party Jena Griswold(pty:dft) (Buckley, Emily) |
| Filing 7 NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Jena GriswoldAttorney Grant T. Sullivan added to party Jena Griswold(pty:dft) (Sullivan, Grant) |
| Filing 6 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 22-cv-00477-PAB. (athom, ) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 4 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) |
| Filing 3 MOTION to Expedite Briefing Schedule by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W Stockham, Joann Windholz. (Attachments: #1 Proposed Order (PDF Only))(Corporon, Randy) |
| Filing 2 MOTION for Preliminary Injunction by Plaintiffs Ron Hanks, Laurel Imer, Parable, Dave Peters, Charles W Stockham, Joann Windholz. (Attachments: #1 Memorandum, #2 Proposed Order (PDF Only))(Corporon, Randy) |
| Filing 1 COMPLAINT against Jena Griswold (Filing fee $ 402,Receipt Number ACODC-8335604)Attorney Randy Blair Corporon added to party Ron Hanks(pty:pla), Attorney Randy Blair Corporon added to party Laurel Imer(pty:pla), Attorney Randy Blair Corporon added to party Parable(pty:pla), Attorney Randy Blair Corporon added to party Dave Peters(pty:pla), Attorney Randy Blair Corporon added to party Charles W Stockham(pty:pla), Attorney Randy Blair Corporon added to party Joann Windholz(pty:pla), filed by Charles W Stockham, Laurel Imer, Ron Hanks, Joann Windholz, Parable, Dave Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Summons, #4 Civil Cover Sheet)(Corporon, Randy) |
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