Ashcroft et al v. Biden et al
| John Thurston, Jay Ashcroft, Kurt Bahr, Kimberly Bell and State of Missouri ex rel. Andrew Bailey, Attorney General |
| Adrianne Todman, Department of Agriculture, Department of Housing and Urban Development, Lloyd J. Austin, III, Department of Defense, Department of Homeland Security, Department of Commerce, Jennifer Granholm, Merrick Garland, Department of the Interior, Department of Justice, Xavier Becerra, Department of Education, Department of Energy, Miguel Cardona, Department of Health and Human Services, Deb Haaland, Alejandro Mayorkas, Tom Vilsack, Gina M. Raimando, Joseph Biden, Julie Su, Department of Labor, Antony Blinken, Department of State, Pete Buttigieg, Department of Transportation, Janet Yellen, Department of the Treasury, Denis McDonough and Department of Veterans Affairs |
| 4:2024cv01062 |
| July 31, 2024 |
| U.S. District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
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Filing 52
ORDER. (See Full Order.) IT IS HEREBY ORDERED that Defendants show cause why this case should not be consolidated with Case No. 4:24-cv-01063 no later than Monday, September 30, 2024, at 5:00 p.m. IT IS FURTHER ORDERED that the parties submit a jointly proposed briefing schedule for Plaintiffs' Motion for Expediated Preliminary Injunction, Doc. #48 , no later than Monday, September 30, 2024, at 5:00 p.m. IT IS FINALLY ORDERED that Plaintiffs respond to Defendants' Motion for Extension of Time to File Answer, Doc. #46 , no later than Monday, September 30, 2024, at 5:00 p.m. (Response to Court due by 9/30/2024. Show Cause Response due by 9/30/2024.) Signed by District Judge Sarah E. Pitlyk on 9/27/2024. (CBL)
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| Filing 51 MEMORANDUM in Support of Motion re #48 First MOTION for Preliminary Injunction CORRECTED filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7-A, #8 Exhibit Exhibit 7-B, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9)(Hearne, Mark) |
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Filing 50
Docket Text ORDER Re: #49 First MOTION for Leave to FILE BRIEF IN EXCESS OF FIFTEEN-PAGE LIMIT by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston; ORDERED GRANTED. Counsel is ordered to refile the brief and all supporting exhibits separately on the docket. Signed by District Judge Sarah E. Pitlyk on 9/25/2024. (AFO)
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| Filing 49 First MOTION for Leave to FILE BRIEF IN EXCESS OF FIFTEEN-PAGE LIMIT by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston. (Attachments: #1 Exhibit Memorandum In Support of Motion for Preliminary Injunction, #2 Exhibit Exhibit 1 to Memo, #3 Exhibit Exhibit 2 to Memo, #4 Exhibit Exhibit 3 to Memo, #5 Exhibit Exhibit 4 to Memo, #6 Exhibit Exhibit 5 to Memo, #7 Exhibit Exhibit 6 to Memo, #8 Exhibit Exhibit 7-A to Memo, #9 Exhibit Exhibit 7-B to Memo, #10 Exhibit Exhibit 8 to Memo, #11 Exhibit Exhibit 9 to Memo)(Hearne, Mark) (Exhibit Title Page Numbers mixed up on a few exhibits, exhibits are correct though. Attorney will refile corrected title page if granted leave.) |
| Filing 48 First MOTION for Preliminary Injunction CORRECTED by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston. (Hearne, Mark) |
| Filing 47 Document Removed - Filed in Error (See document #48 for corrected filing.) Modified on 9/25/2024 (NEP). |
| Filing 46 MOTION for Extension of Time to File Answer or otherwise respond to the Complaint by Defendants Lloyd J. Austin, III, Xavier Becerra, Joseph Biden, Antony Blinken, Pete Buttigieg, Miguel Cardona, Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of Veterans Affairs, Department of the Interior, Department of the Treasury, Merrick Garland, Jennifer Granholm, Deb Haaland, Alejandro Mayorkas, Denis McDonough, Gina M. Raimando, Julie Su, Adrianne Todman, Tom Vilsack, Janet Yellen. (Attachments: #1 Text of Proposed Order)(Mannchen, Garrett) |
| Filing 45 ENTRY of Appearance by Garrett Ford Mannchen for Defendants Lloyd J. Austin, III, Xavier Becerra, Joseph Biden, Antony Blinken, Pete Buttigieg, Miguel Cardona, Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of Veterans Affairs, Department of the Interior, Department of the Treasury, Merrick Garland, Jennifer Granholm, Deb Haaland, Alejandro Mayorkas, Denis McDonough, Gina M. Raimando, Julie Su, Adrianne Todman, Tom Vilsack, Janet Yellen. (Mannchen, Garrett) |
| Filing 44 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Pete Buttigieg served on 9/5/2024, answer due 11/4/2024; Department of Transportation served on 9/5/2024, answer due 11/4/2024. (Attachments: #1 Summons Summonses to Pete Buttigieg and The Department of Transportation with Certified Returned Receipts)(Hearne, Mark) |
| Filing 43 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Antony Blinken served on 8/21/2024, answer due 10/21/2024; Department of State served on 8/21/2024, answer due 10/21/2024. (Hearne, Mark) |
| Filing 42 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Veterans Affairs served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 41 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Denis McDonough served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 40 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Justice served on 8/8/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 39 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Merrick Garland served on 8/8/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 38 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of the Interior served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 37 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Deb Haaland served on 8/12/2024, answer due 10/11/2024. (Hearne, Mark) |
| Filing 36 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Homeland Security served on 8/6/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 35 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Health and Human Services served on 8/6/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 34 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Xavier Becerra served on 8/6/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 33 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Energy served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 32 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Jennifer Granholm served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 31 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Education served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 30 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Miguel Cardona served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 29 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Lloyd J. Austin, III served on 8/6/2024, answer due 10/7/2024. (Hearne, Mark) |
| Filing 28 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Gina M. Raimando served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 27 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Department of Agriculture served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 26 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Defendant Tom Vilsack served on 8/5/2024, answer due 10/4/2024. (Hearne, Mark) |
| Filing 25 SUMMONS Returned Executed filed by Kimberly Bell, Jay Ashcroft, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston, Kurt Bahr. Joseph Biden served on 8/9/2024, answer due 10/8/2024. (Hearne, Mark) Modified on 9/5/2024 (KEK). |
| Filing 24 NOTICE of Filing Deficiency filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Counsel used the wrong filing event for docket entries #5 , #6 , #7 , #8 , #9 , #10 , #11 , #12 , #13 , #14 , #15 , #16 , #17 , #18 , #19 , #20 , #21 , #22 , and #23 . The entries has been stricken and the documents must be refiled by counsel using the correct event, Summons Returned Executed. In the future, if there is any hesitation on how documents need to be filed, please give our office a call for further direction. Thank you. (KEK) |
| Filing 23 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Antony Blinken, Department of State, Office of the Legal Adviser Executed on: August 21, 2024. (Hearne, Mark) |
| Filing 22 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Veterans Affairs Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 21 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Denis McDonough Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 20 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Justice Executed on: August 8, 2024. (Hearne, Mark) |
| Filing 19 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Merrick Garland Executed on: August 8, 2024. (Hearne, Mark) |
| Filing 18 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Interior Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 17 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Deb Haaland Executed on: August 12, 2024. (Hearne, Mark) |
| Filing 16 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Homeland Security Executed on: August 6, 2024. (Hearne, Mark) |
| Filing 15 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Health and Human Services Executed on: August 6, 2024. (Hearne, Mark) |
| Filing 14 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Xavier Becerrra Executed on: August 6, 2024. (Hearne, Mark) |
| Filing 13 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Energy Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 12 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Jennifer Granholm Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 11 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Education Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 10 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Miguel Cardona Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 9 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Lloyd J. Austin, III Executed on: August 6, 2024. (Hearne, Mark) |
| Filing 8 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Gina M. Raimando Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 7 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Department of Agriculture Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 6 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston Sent to: Tom Vilsack Executed on: August 5, 2024. (Hearne, Mark) |
| Filing 5 RETURN RECEIPT BY MAIL filed by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, State of Missouri ex rel. Andrew Bailey, Attorney General, John Thurston Sent to: Joseph Biden Executed on: August 9, 2024. (Hearne, Mark) |
| Filing 4 NOTICE by Plaintiff State of Missouri ex rel. Andrew Bailey, Attorney General NOTICE OF CONSENT TO CONSOLIDATION AND TO CORRECT CAPTION (Morgan, Jeremiah) |
| Filing 3 First MOTION to Consolidate Cases 24-cv-01062 Consolidate with higher case number 24-cv-01063 by Plaintiff Jay Ashcroft. (Hearne, Mark) |
| Filing 2 SUPPLEMENTAL Summons by Plaintiffs Jay Ashcroft, Kurt Bahr, Kimberly Bell, John Thurston. (Hearne, Mark) |
| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. 33 Summons(es) issued and emailed to attorney Mark F. Hearne. (JWD) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-10742231, in the amount of $405 Non-Jury Demand,, filed by Kimberly Bell, Jay Ashcroft, John Thurston, Kurt Bahr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8-A, #9 Exhibit 8-B, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Civil Cover Sheet Civil Cover Sheet, #14 Original Filing Form Original Filing Form, #15 Summons AG, #16 Summons Biden, #17 Summons Vilsack, #18 Summons Agriculture, #19 Summons Raimando, #20 Summons Commerce, #21 Summons Austin, #22 Summons Defense, #23 Summons Cardona, #24 Summons Education, #25 Summons Granholm, #26 Summons Energy, #27 Summons Becerra, #28 Summons HHS, #29 Summons Mayorkas, #30 Summons Homeland, #31 Summons Todman, #32 Summons HUD, #33 Summons Harland, #34 Summons Interior, #35 Summons Garland, #36 Summons Justice, #37 Summons Su, #38 Summons Labor, #39 Summons Blinken, #40 Summons State, #41 Summons Buttigieg, #42 Summons Transportation, #43 Summons Yellen, #44 Summons Treasury, #45 Summons McDonough, #46 Summons VA)(Hearne, Mark) |
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