Make Liberty Win et al v. Ziegler et al
| Great America PAC, Make Liberty Win-Federal Committee and Make Liberty Win |
| Sherman W. Birkes, Jr, Cheryl D.S. Walker, Wayne Henke, Helene J Frischer, Robert Cook and Elizabeth L. Ziegler |
| 2:2020cv04128 |
| July 22, 2020 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Howard F Sachs |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 ANSWER to #1 Complaint, on behalf of Sherman W. Birkes, Jr, Robert Cook, Helene J Frischer, Wayne Henke, Cheryl D.S. Walker, Elizabeth L. Ziegler.(Lewis, Jason) |
Filing 31
Pursuant to the parties' Joint Proposed Briefing Schedule (Doc. #30 ), it is hereby ORDERED that Defendants shall file an answer on or before September 8, 2020. It is further ORDERED that the parties shall file cross Motions for Summary Judgment and supporting suggestions on September 24, 2020, the parties shall file suggestions in opposition to such motions on October 13, 2020, and the parties shall file reply briefs on October 30, 2020. Signed on 8/18/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 30 Joint PROPOSED SCHEDULING ORDER by Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee. (Ellinger, Marc) |
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Filing 29
ORDERED that this Court hereby enters a Preliminary Injunction enjoining Defendants from enforcing the: Continuing Committee Deadline, Mo. Const. art. VIII, 23, cl. 7(6)(c); Mo. Rev. Stat. 130.011(10); PAC Deadline, Mo. Const. art. VIII, 23, cl. 7(20); and Non-Domiciliary/Out-of-State Committee Registration Deadline, 1 C.S.R. 50-5.020(4)(C). It is FURTHER ORDERED that Defendants shall not conduct any investigation, initiate any administrative or other proceedings, make any criminal referral, impose any fine or other sanction, or otherwise attempt to enforce the provisions identified above against Plaintiffs or any other people, groups, or entities, for: violating or attempting to violate any of the provisions listed above; filing a statement of organization less than 60 days before an election in connection with which that entity receives contributions or makes expenditures; receiving contributions or making expenditures in connection with an electiondespite having filed a statement of organization less than 60 days before that election. It is FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 65(d)(2), this Order shall apply to the above-captioned named Defendants; their officers, agents, employees, and attorneys; and all other persons acting in active concert with them. It is FURTHER ORDERED that Defendants shall post prominent public notice of this Order on the official Missouri Ethics Commission website. Signed on 8/12/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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| Filing 28 Plaintiff's EXHIBIT INDEX from 8/12/2020 hearing.(Diefenbach, Tracy) |
| Filing 27 Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT held on 8/12/2020. Plaintiff calls Justin Greiss. Witness sworn. Direct 11:07 a.m.; Cross 11:14 a.m.; Redirect 11:20 a.m. Witness excused at 11:23 a.m. Plaintiff calls Eric Beach. Witness sworn. Direct 11:24 a.m.; Cross 11:32 a.m.; Redirect 11:35 a.m.; Recross 11:37 a.m.; Re-redirect 11:38 a.m. Witness excused at 11:39 a.m. Counsel for both parties make oral arguments. Court advises that an order will be entered granting the request for preliminary injunction. Counsel appearing for Plaintiff(s): Marc Ellinger and Stephanie Bell. Counsel appearing for Defendant(s): Jason Lewis. Time in court: 11:00 am to 12:00 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 26 AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument reset for 8/12/2020 11:00 AM BY TELEPHONE before District Judge Stephen R. Bough. (Diefenbach, Tracy) Conference call information emailed to counsel. |
| Filing 25 AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument reset for 8/12/2020 01:00 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Diefenbach, Tracy) NOTE CHANGE IN TIME ONLY. |
| Filing 24 Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 7/29/2020. Oral Argument set for 8/12/2020 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Counsel appearing for Plaintiff(s): Dan Backer and Marc Ellingers. Counsel appearing for Defendant(s): Jason Lewis. Time in court: 1:00 pm to 1:10 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 23 CERTIFICATE OF SERVICE by All Plaintiffs filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee.(Ellinger, Marc) |
| Filing 22 REPLY SUGGESTIONS to motion re #2 MOTION for temporary restraining order filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee. (Related document(s) #2 ) (Ellinger, Marc) |
| Filing 21 For good cause shown, Defendants' Motion for Leave to Exceed Page Limitations (Doc. #19) is GRANTED. Defendants' Suggestions in Opposition (Doc. #20) is deemed to be properly filed. Signed on 7/29/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 20 SUGGESTIONS in opposition re #2 MOTION for temporary restraining order filed by Jason Lewis on behalf of Defendants Sherman W. Birkes, Jr, Robert Cook, Helene J Frischer, Wayne Henke, Cheryl D.S. Walker, Elizabeth L. Ziegler. Reply suggestions due by 8/12/2020 unless otherwise directed by the court. (Related document(s) #2 ) (Lewis, Jason) |
| Filing 19 MOTION for leave to file excess pages filed by Jason Lewis on behalf of All Defendants. Suggestions in opposition/response due by 8/12/2020 unless otherwise directed by the court. (Lewis, Jason) |
| Filing 18 CERTIFICATE OF SERVICE by All Plaintiffs re #17 Supplement to Complaint --Verification of Complaint filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee. Related document: #17 Supplement.(Ellinger, Marc) |
| Filing 17 SUPPLEMENT to Complaint --Verification of Complaint. (Related document(s) #1 ) (Ellinger, Marc) |
| Filing 16 RETURN OF WAIVER OF SERVICE filed by Great America PAC, Make Liberty Win-Federal Committee, Make Liberty Win. Waiver sent to All Defendants. (Ellinger, Marc) |
| Filing 15 CERTIFICATE OF SERVICE by All Plaintiffs filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee.(Ellinger, Marc) |
| Filing 14 CERTIFICATE OF SERVICE by All Plaintiffs re #12 Terminate Motions,,,, Set Hearings,,,, Order,,, filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee. Related document: #12 Terminate Motions,,,, Set Hearings,,,, Order,,,.(Ellinger, Marc) |
| Filing 13 NOTICE of appearance by Jason Lewis on behalf of All Defendants (Attorney Jason Lewis added to party Sherman W. Birkes, Jr(pty:dft), Attorney Jason Lewis added to party Robert Cook(pty:dft), Attorney Jason Lewis added to party Helene J Frischer(pty:dft), Attorney Jason Lewis added to party Wayne Henke(pty:dft), Attorney Jason Lewis added to party Cheryl D.S. Walker(pty:dft), Attorney Jason Lewis added to party Elizabeth L. Ziegler(pty:dft))(Lewis, Jason) |
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Filing 12
Order: Upon review of the record, the Court issues the following rulings. The Court declines to issue a temporary restraining order absent notice to Defendants. Consequently, it is hereby ORDERED that Plaintiffs effect service upon all Defendants on or before Monday, July 27, 2020.Second, Plaintiffs' Motion for Expedited Briefing Schedule and Consideration (Doc. #4) is GRANTED to the extent that a telephone conference on Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction is hereby set for Wednesday, July 29, 2020, at 1:00 p.m. Call-in information will be emailed to all counsel of record. Plaintiffs are directed to also serve this call-in information upon all Defendants on or before Monday, July 27, 2020. Signed on 7/24/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy) Call information emailed to counsel.
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Filing 11
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Stephen R. Bough for all further proceedings. District Judge Fernando J. Gaitan, Jr. no longer assigned to case. New case number is 20-4128-CV-C-SRB. This is a TEXT ONLY ENTRY. No document is attached. (James, Carrie)
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Filing 10
ORDER TRANSFERRING/REASSIGNING CASE. Pursuant to Order of 7/23/20 by District Judge Howard Sachs, this case is reassigned to District Judge Fernando Gaitan. The new case number is 2:20-4128-CV-C-FJG. This is a TEXT ONLY ENTRY. No document is attached. (James, Carrie)
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Filing 9
ORDER Signed on 7/23/20 by District Judge Howard F. Sachs. (James, Carrie)
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Filing 8
ORDER granting #7 motion to appear pro hac vice entered by Clerk of Court. Attorney Dan Backer for Great America PAC, Make Liberty Win, and Make Liberty Win-Federal Committee allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 7 Motion to allow Dan Backer to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6959721) filed by Marc H. Ellinger on behalf of All Plaintiffs. (Ellinger, Marc) |
| Filing 6 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Warren, Melissa) |
| SUMMONS ISSUED as to Sherman W. Birkes, Jr, Robert Cook, Helene J Frischer, Wayne Henke, Cheryl D.S. Walker and Elizabeth L. Ziegler. Summons emailed to Plaintiff's counsel. (Warren, Melissa) |
| Filing 5 ADMINISTRATIVE ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Howard F. Sachs for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case. Case number will now be 2:20cv4128-cv-c-HFS. This is a TEXT ONLY ENTRY. No document is attached. (James, Carrie) |
| Filing 4 MOTION to expedite filed by Marc H. Ellinger on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/5/2020 unless otherwise directed by the court. (Ellinger, Marc) |
| Filing 3 SUGGESTIONS in support re #2 MOTION for temporary restraining order filed by Marc H. Ellinger on behalf of Plaintiffs Great America PAC, Make Liberty Win, Make Liberty Win-Federal Committee. (Attachments: #1 Affidavit Declaration Justin Greiss, #2 Affidavit Declaration of Eric Beach)(Related document(s) #2 ) (Ellinger, Marc) |
| Filing 2 MOTION for temporary restraining order filed by Marc H. Ellinger on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/5/2020 unless otherwise directed by the court. (Ellinger, Marc) |
| Filing 1 COMPLAINT against All Defendants filed by Marc H. Ellinger on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6958172. Service due by 10/20/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet)(Ellinger, Marc) |
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