Rud et al v. Johnston et al
| James John Rud and Brian Keith Hausfeld |
| Nancy Johnston and Jodi Harpstead |
| 0:2023cv00486 |
| March 1, 2023 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| John R Tunheim |
| Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 59
(Text-Only) ORDER granting #56 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 27 and 29. Order on continued sealing becomes final on 5/23/2023 unless further timely submissions are filed. Ordered by Magistrate Judge Leo I. Brisbois on 4/25/2023. (JLB)
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Filing 58
Reply to Response to Motion re #15 MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 57
Reply to Response to Motion re #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ulman, Gabriel)
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Filing 56
JOINT MOTION REGARDING CONTINUED SEALING re #27 Memorandum in Opposition to Motion, #29 Declaration in Opposition filed by Jodi Harpstead, Nancy Johnston. (Anderson, Emily)
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Filing 55
(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Order on Motion to Stay #53 , Response in Opposition to Motion #50 , Response in Opposition to Motion, #48 , Declaration in Opposition, #52 , Memorandum in Opposition to Motion, #51 . (ABR)
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Filing 54
ORDER of USCA as to #38 Notice of Appeal to 8th Circuit, filed by Nancy Johnston, Jodi Harpstead (received electronically from COA) (MTB)
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Filing 53
MEMORANDUM OPINION AND ORDER denying #39 Motion to Stay Order Pending Appeal. (Written Opinion) Signed by Judge John R. Tunheim on 4/3/2023. (HMA)
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Filing 52
DECLARATION of Daniel E. Gustafson in Opposition to #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9)(Gustafson, Daniel)
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Filing 51
MEMORANDUM in Opposition re #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 50
RESPONSE in Opposition re #15 MOTION to Certify Class filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ulman, Gabriel)
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Filing 49
USCA Case Number 23-1577 for #38 Notice of Appeal to 8th Circuit filed by Nancy Johnston, Jodi Harpstead. (MTB)
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Filing 48
RESPONSE in Opposition re #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 47
(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript, #36 . (CLK)
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Filing 46
TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #38 . (CLK)
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Filing 45
MEMORANDUM in Support re #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Anderson, Emily)
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Filing 44
PROPOSED ORDER TO JUDGE re #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston.(Anderson, Emily)
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Filing 43
Declaration of Emily B. Anderson in Support of #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 Exhibit(s) 1)(Anderson, Emily)
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Filing 42
DOCUMENT FILED IN ERROR. MEMORANDUM in Support re #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Anderson, Emily) Modified text on 3/24/2023 (CLK).
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Filing 41
MEET and CONFER STATEMENT re #39 Motion to Stay filed by Jodi Harpstead, Nancy Johnston.(Anderson, Emily)
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Filing 40
NOTICE OF HEARING ON MOTION #39 MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction : Date and time to be determined. (Anderson, Emily)
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Filing 39
MOTION to Stay re #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston. (Anderson, Emily)
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Filing 38
NOTICE OF INTERLOCUTORY APPEAL TO 8TH CIRCUIT as to #35 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Jodi Harpstead, Nancy Johnston. Filing fee $ 505, receipt number AMNDC-10156043. (Anderson, Emily) Modified text on 3/28/2023 (CLK).
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Filing 37
TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) for a COPY OF #36 Transcript(s) to Court Reporter Kristine Mousseau. (Anderson, Emily)
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Filing 36
TRANSCRIPT of Motion Hearing via Video Conference held on 3/17/2023 before Judge John R. Tunheim. (35 pages). Court Reporter: Kristine Mousseau. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. 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 3/30/2023. Redaction Request due 4/13/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/21/2023. (KM)
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Filing 35
MEMORANDUM OPINION AND ORDER denying #9 Motion for TRO; granting #9 Motion for Preliminary Injunction (Written Opinion) Signed by Judge John R. Tunheim on 3/22/2023. (KKM)
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Filing 34
TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) of #33 Motion Hearing, to Court Reporter Kristine Mousseau. (Gustafson, Daniel)
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Filing 33
Minute Entry for proceedings held before Judge John R. Tunheim: Motion Hearing held on 3/17/2023 re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James John Rud. Motion taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HMA)
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Filing 32
REPLY re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 31
DECLARATION of Jannine Hbert in Opposition to #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jodi Harpstead, Nancy Johnston.(Anderson, Emily)
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Filing 30
Redacted Document for #29 Sealed Declaration of Nancy Johnston filed by Jodi Harpstead, Nancy Johnston.(Anderson, Emily)
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Filing 29
SEALED DECLARATION of Nancy Johnston in Opposition to #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants.(Anderson, Emily)
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Filing 28
Redacted Document for #27 Sealed Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for TRO filed by Jodi Harpstead, Nancy Johnston.(Anderson, Emily)
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Filing 27
SEALED MEMORANDUM in Opposition re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Anderson, Emily)
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Filing 26
NOTICE of Appearance by Joseph Nelson on behalf of Brian Keith Hausfeld, James John Rud. (Nelson, Joseph)
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Filing 25
PROPOSED ORDER TO JUDGE re #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Jodi Harpstead, Nancy Johnston.(Winter, Aaron)
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Filing 24
MEET and CONFER STATEMENT re #21 Motion to Dismiss/General filed by Jodi Harpstead, Nancy Johnston.(Winter, Aaron)
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Filing 23
MEMORANDUM in Support re #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Jodi Harpstead, Nancy Johnston. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Winter, Aaron)
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Filing 22
NOTICE OF HEARING ON MOTION #21 MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition : Motion Hearing set for 5/19/2023 at 02:00 PM in Video Conference (no courtroom) before Judge John R. Tunheim. (Winter, Aaron)
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Filing 21
MOTION to Dismiss/General Plaintiffs' Complaint/Demurrer in Response to Mandamus Petition filed by Jodi Harpstead, Nancy Johnston. (Winter, Aaron)
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Filing 20
PROPOSED ORDER TO JUDGE re #15 MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud.(Gustafson, Daniel)
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Filing 19
MEET and CONFER STATEMENT re #15 Motion to Certify Class filed by Brian Keith Hausfeld, James John Rud.(Gustafson, Daniel)
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Filing 18
Declaration of Daniel E. Gustafson in Support of #15 MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 Exhibit(s) A and B)(Gustafson, Daniel)
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Filing 17
MEMORANDUM in Support re #15 MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 16
NOTICE OF HEARING ON MOTION #15 MOTION to Certify Class : Motion Hearing set for 5/19/2023 at 02:00 PM in Video Conference (no courtroom) before Judge John R. Tunheim. (Gustafson, Daniel)
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Filing 15
MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud. (Gustafson, Daniel)
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Filing 14
PROPOSED ORDER TO JUDGE re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James John Rud.(Gustafson, Daniel)
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Filing 13
MEET and CONFER STATEMENT re #9 Motion for TRO, Motion for Preliminary Injunction filed by James John Rud.(Gustafson, Daniel)
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Filing 12
Declaration of Daniel E. Gustafson in Support of #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James John Rud. (Attachments: #1 Exhibit(s) A-G)(Gustafson, Daniel)
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Filing 11
MEMORANDUM in Support re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James John Rud. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel)
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Filing 10
NOTICE OF HEARING ON MOTION #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 3/17/2023 at 10:00 AM in Video Conference (no courtroom) before Judge John R. Tunheim. (Gustafson, Daniel)
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Filing 9
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction filed by James John Rud. (Gustafson, Daniel)
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Filing 8
TEXT ONLY ENTRY: ORDER that #5 MOTION for Temporary Restraining Order filed by Plaintiff James John Rud, Plaintiff Brian Keith Hausfeld, #4 MOTION to Certify Class filed by Plaintiff James John Rud, Plaintiff Brian Keith Hausfeld is/are not properly before this court and therefore denied without prejudice. In order to be considered, any motion previously filed in state court must be refiled in compliance with the Federal Rules of Civil Procedure and the Local Rules of this District. Orders entered by the state court prior to removal remain in effect. Approved by the Court on 3/3/2023. (MTB)
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Filing 7
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Joseph E Nelson as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. cc: Joseph E Nelson. (MTB)
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Filing 6
TEXT ONLY ENTRY: NOTICE re #4 Motion to Certify Class, #5 Motion for TRO is a copy of a document filed in Ramsey County District Court. (MTB)
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Filing 5
MOTION for Temporary Restraining Order filed by Brian Keith Hausfeld, James John Rud. (MTB)
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Filing 4
MOTION to Certify Class filed by Brian Keith Hausfeld, James John Rud. (MTB)
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Filing 3
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per Civil (5th - Prisoner: Civil Detainee) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 23-cv-00486 JRT/LIB.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MTB)
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Filing 2
CERTIFICATE OF SERVICE by Jodi Harpstead, Nancy Johnston re #1 Notice of Removal,,, (Anderson, Emily)
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Filing 1
NOTICE OF REMOVAL from Ramsey County District Court, case number 62-cv-23-928 (filing fee $ 402, receipt number AMNDC-10105568) filed by Jodi Harpstead, Nancy Johnston. No summons requested. (Attachments: #1 Summons and Complaint Ex.1, #2 Exhibit(s) 2 (state civil cover sheet), #3 Exhibit(s) 3 (notice, motion for class cert), #4 Exhibit(s) 4 (MOL support class cert), #5 Exhibit(s) 5 (Gustafson Decl, class cert), #6 Exhibit(s) 6 (proposed order for class cert), #7 Exhibit(s) 7 (TRO notice, motion), #8 Exhibit(s) 8 (MOL support TRO), #9 Exhibit(s) 9 (Gustafson Decl, TRO), #10 Exhibit(s) 10 (Proposed Order, TRO), #11 Exhibit(s) 11 (Req for Judicial Assignment), #12 Exhibit(s) 12 (Aff of Service), #13 Exhibit(s) 13 (Notice of Case Filing), #14 Notice of Filing of Notice of Removal, #15 Civil Cover Sheet) (Anderson, Emily)
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