Eggers et al v. Evnen
| Crista Eggers and NMM |
| Robert Evnen |
| 4:2022cv03089 |
| May 16, 2022 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Michael D Nelson |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 36
TEXT ORDER granting #35 Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading and Stay of Discovery. The deadline for Defendant to file an answer is extended to 14-days after the Eighth Circuit issues its decision resolving the pending appeal of this Court's preliminary injunction order. Discovery shall not commence until the Court enters a Scheduling Order requiring the parties to meet and confer to file a joint Rule 26(f) Report. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 35 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading , UNOPPOSED MOTION to Stay Discovery by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 34 COPY of Order from USCA - 8th Circuit (22-2268) that Appellan'ts emergency motion for stay of the preliminary injunction pending appeal is granted. Judge Kelly would have denied the motion. (ADB) |
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Filing 33
TEXT ORDER granting #32 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant shall have an extension of time to July 14, 2022, to file an answer or other responsive pleading to the Complaint. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 32 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 31 COPY of Order from USCA - 8th Circuit 22-2268. Appellant's unopposed request to expedite briefing on Appellant's motion for stay pending appeal is granted. Appellees response to the motion is due June 22, 2022. Appellant's reply is due June 27, 2022. (MKR) |
| Filing 30 TEXT ORDER that the payor inadvertently paid the filing fee twice resulting in two charges. The appeal filing fee in the amount of $505.00 is refunded to the payor, James A. Campbell, receipt number ANEDC-4653347. Ordered by Deputy Clerk. (DKM) |
| Filing 29 SCHEDULING LETTER from USCA - 8th Circuit as to Interlocutory Appeal ; (Attachments: #1 Letter by Clerk from USCA-8th Circuit)(MKR) |
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Filing 28
ORDER denying the defendant's #26 Motion to Stay. Ordered by Judge John M. Gerrard. (MKR)
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| Filing 27 BRIEF in support of MOTION to Stay Preliminary Injunction Pending Appeal #26 by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 26 MOTION to Stay Preliminary Injunction Pending Appeal by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 25 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Preliminary Order #23 . Notice of Appeal filed on 6/14/2022. (MKR) |
| Filing 24 NOTICE OF APPEAL regarding Order on Motion for Preliminary Injunction,,,, Order on Motion for Miscellaneous Relief,,, #23 by Attorney James A. Campbell on behalf of Defendant Robert Evnen. Filing fee $ 505, receipt number ANEDC-4653358. (Campbell, James) |
| INTERLOCUTORY APPEAL - This event corrects the docket entry of #24 Notice of Appeal to USCA, #24 . filer selected incorrect event. In the future, use the Interlocutory appeal event. (MKR) |
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Filing 23
PRELIMINARY INJUNCTION- The plaintiffs' #2 Motion for Preliminary Injunction is granted. The Secretary of State's #12 Motion for a certified question is denied. The State of Nebraska, through the Secretary of State, is enjoined from taking any action to enforce its county distribution requirement for the qualification of proposed ballot initiatives, as set forth in Neb. Const. art. III, 2, and no initiative petition shall be rejected solely because of its failure to gain signatures from "five percent of the registered voters of each of two-fifths of the counties of the state." The Secretary shall answer or otherwise respond to the plaintiffs' complaint on or before June 27, 2022. Ordered by Judge John M. Gerrard. (MKR)
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| Filing 22 INDEX in support of MOTION to Certify Question to Nebraska Supreme Court #12 by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen. (Attachments: #1 Exhibit Affidavit of Jennifer Huxoll)(Huxoll, Jennifer) |
| Filing 21 REPLY BRIEF in support of MOTION to Certify Question to Nebraska Supreme Court #12 by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen.(Huxoll, Jennifer) |
| Filing 20 BRIEF in opposition to MOTION to Certify Question to Nebraska Supreme Court #12 by Attorney Jane Seu on behalf of Plaintiffs Crista Eggers, NMM.(Seu, Jane) |
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Filing 19
TEXT ORDER granting #18 Motion for Leave. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 18 UNOPPOSED MOTION for Leave to Exceed Word Limit by Attorney Jane Seu on behalf of Plaintiffs Crista Eggers, NMM.(Seu, Jane) |
| Filing 17 INDEX in support of motion for preliminary injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM. (Attachments: #1 Affidavit Gutman Declaration, #2 Exhibit debate transcripts, #3 Exhibit Senate Journal, #4 Exhibit House Journal, #5 Exhibit Sample Ballot)(Gutman, Daniel) |
| Filing 16 REPLY BRIEF in support of motion for preliminary injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) |
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Filing 15
TEXT ORDER granting #14 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant's responsive pleading deadline is extended to 14-days after the Court issues its ruling on Plaintiffs' Motion for Preliminary Injunction. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 14 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 13 BRIEF in support of MOTION to Certify Question to Nebraska Supreme Court #12 by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen.(Huxoll, Jennifer) |
| Filing 12 MOTION to Certify Question to Nebraska Supreme Court by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen.(Huxoll, Jennifer) |
| Filing 11 INDEX in opposition to MOTION for Preliminary Injunction #2 by Attorney James A. Campbell on behalf of Defendant Robert Evnen. (Attachments: #1 Exhibit Declaration of Wayne Bena, #2 Exhibit Declaration of James A. Campbell)(Campbell, James) |
| Filing 10 BRIEF in opposition to MOTION for Preliminary Injunction #2 by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) |
| Filing 9 TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 8 NOTICE of Acceptance of Service by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen (Huxoll, Jennifer) |
| Filing 7 NOTICE of Appearance by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen (Huxoll, Jennifer) |
| Filing 6 NOTICE of Appearance by Attorney James A. Campbell on behalf of Defendant Robert Evnen (Campbell, James) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jane Seu on behalf of Plaintiffs NMM, Crista Eggers.(Seu, Jane) |
| Filing 4 INDEX in support of Motion for Preliminary Injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM. (Attachments: #1 Exhibit Declaration of Jared Moffat, #2 Exhibit Declaration of Crista Eggers, #3 Exhibit Declaration of Kurt Elder)(Gutman, Daniel) |
| Filing 3 BRIEF in support of Motion for Preliminary Injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) |
| Filing 2 MOTION for Preliminary Injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) |
| Filing 1 COMPLAINT against Robert B. Evnen ( Filing fee $ 402, receipt number ANEDC-4635764), by Attorney Daniel J. Gutman on behalf of NMM, Crista Eggers(Gutman, Daniel) |
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