Walen et al v. Burgum et al

Walen et al v. Burgum et al

Plaintiff:	Charles Walen and Paul Henderson
Defendant:	Doug Burgum, Alvin Jaeger and Michael Howe
Petitioner:	North Dakota Legislative Assembly and Terry B. Jones
Intervenor Defendant:	Mandan, Hidatsa & Arikara Nation, Lisa DeVille and Cesareo Alvarez, Jr.
Case Number:	1:2022cv00031
Filed:	February 16, 2022
Court:	US District Court for the District of North Dakota
Presiding Judge:	Ralph R Erickson
Referring Judge:	Clare R Hochhalter
2 Judge:	Daniel L Hovland
3 Judge:	Alice R Senechal
4 Judge:	Peter D Welte
Nature of Suit:	Constitutional - State Statute
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 10, 2023	Filing 127 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #126 Motion to Withdraw as Attorney. Attorney Nicole Hansen withdrawn from the case. (AS)
July 7, 2023	Filing 126 MOTION to Withdraw as Attorney by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Hansen, Nicole)
July 5, 2023	Filing 125 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 7/5/2023. (DR #230705-001.mp3 (JS Chambers Recorder)) (sj)
July 5, 2023	Filing 124 NOTICE of Hearing: Final Pretrial Conference RESET for 12/5/2023 at 02:00 PM in Chambers before Magistrate Judge Alice R. Senechal. (Previously set for 9/13/2023). See written instructions at Doc. #48 . Bench Trial RESET for 12/18/2023 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte, Circuit Judge Ralph R. Erickson, and Judge Daniel L. Hovland. (Previously set for 10/2/2023). (Trial Est. 5 Days). (AS)
June 22, 2023	Filing 123 NOTICE of Hearing: Status Conference set for 7/5/2023 at 03:00 PM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (KT)
May 31, 2023	Filing 122 NOTICE of Substitution of Attorney by William J. Behrmann on behalf of Paul Henderson, Charles Walen (Behrmann, William)
April 25, 2023	Filing 121 NOTICE by Doug Burgum, Michael Howe of Withdrawal of Counsel (Nicolai, James)
April 12, 2023	Filing 120 MOTION for Hearing - Oral Argument by Paul Henderson, Charles Walen. (Sanderson, Paul)
April 5, 2023	Filing 119 NOTICE of Change of Address by Michael Stephen Carter (Carter, Michael)
April 4, 2023	Filing 118 REPLY to Response to Motion re #98 MOTION for Summary Judgment filed by Paul Henderson, Charles Walen. (Sanderson, Paul)
April 4, 2023	Filing 117 REPLY to Response to Motion re #101 MOTION for Summary Judgment filed by Doug Burgum, Michael Howe. (Wiederholt, Bradley)
April 4, 2023	Filing 116 REPLY to Response to Motion re #107 MOTION for Summary Judgment filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Gaber, Mark)
March 21, 2023	Filing 115 RESPONSE to Motion re #107 MOTION for Summary Judgment filed by Paul Henderson, Charles Walen. (Sanderson, Paul)
March 21, 2023	Filing 114 RESPONSE to Motion re #101 MOTION for Summary Judgment filed by Paul Henderson, Charles Walen. (Attachments: #1 Exhibit A - Expert Report of M.V. Hood III, #2 Exhibit B - Expert Report of Dr. Collingwood)(Sanderson, Paul) (Attachment 1 and 2 replaced on 3/22/2023 to remove overlapping headers). NEF Regenerated. (sj).
March 21, 2023	Filing 113 RESPONSE to Motion re #98 MOTION for Summary Judgment filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Gaber, Mark)
March 21, 2023	Filing 112 RESPONSE to Motion re #107 MOTION for Summary Judgment filed by Doug Burgum, Michael Howe. (Wiederholt, Bradley)
March 21, 2023	Filing 111 RESPONSE to Motion re #98 MOTION for Summary Judgment filed by Doug Burgum, Michael Howe. (Wiederholt, Bradley)
March 14, 2023	Filing 110 ORDER denying #78 Appeal of Magistrate Judge Decision to District Judge. (EA)
February 28, 2023	Filing 109 AFFIDAVIT of Molly E. Danahy re #107 MOTION for Summary Judgment by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Exhibit 1: Redistricting History Memorandum, #2 Exhibit 2: Legislative Council Presentation, Aug. 2021, #3 Exhibit 3: NCSL Presentation, #4 Exhibit 4: Legislative Council Presentation, Sept. 2021, #5 Exhibit 5: Final Redistricting Committee Report, #6 Exhibit 6: M. Fox Declaration, #7 Exhibit 7: Finley-DeVille Declaration, #8 Exhibit 8: Collingwood Report, #9 Exhibit 9: 2020 Election Results, #10 Exhibit 10: Alvarez Declaration, #11 Exhibit 11: 2016 Election Results, #12 Exhibit 12: Fox Testimony, Sept. 23, 2021, #13 Exhibit 13: Aug. 31, 2021 Tribal and State Relations Comm. Hr'g Tr., #14 Exhibit 14: Fox Testimony, Sept. 29, 2021, #15 Exhibit 15: Finley-DeVille Testimony, #16 Exhibit 16: Donaghy Testimony, #17 Exhibit 17: Gion Testimony, #18 Exhibit 18: McCool Report, #19 Exhibit 19: Kate Magargal Report, #20 Exhibit 20: Walen Deposition Transcript, #21 Exhibit 21: Henderson Deposition Transcript, #22 Exhibit 22: Prelim. Inj. Hr'g Tr. Vol. 1, #23 Exhibit 23: Prelim. Inj. Hr'g Tr. Vol. 2)(Gaber, Mark)
February 28, 2023	Filing 108 MEMORANDUM in Support re #107 MOTION for Summary Judgment filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Gaber, Mark)
February 28, 2023	Filing 107 MOTION for Summary Judgment by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Gaber, Mark)
February 28, 2023	Filing 106 SUPPLEMENT Exhibit 39-Donna Henderson's biography to document: #103 Affidavit,,,,,,,, by Doug Burgum, Michael Howe. (Attachments: #1 Exhibit 40-North Dakota Legislative Council memorandum, #2 Exhibit 41-Expert Report of Dr. M.V. Hood III, #3 Exhibit 42-Expert Report of Dr. Loren Collingwood, #4 Exhibit 43-State redistricting map at issue and maps of Subdistricts 4A, 4B, 9A, and 9B)(Wiederholt, Bradley) Modified on 3/1/2023 to clean up docket text. (jb)
February 28, 2023	Filing 105 SUPPLEMENT Exhibit 34-press releases concerning the federal census and regarding redistricting software used by the State of North Dakota to document: #103 Affidavit,,,,,,,, by Doug Burgum, Michael Howe. (Attachments: #1 Exhibit 35-map entitled North Dakota Plan House Bill No. 1504, #2 Exhibit 36-statewide map of North Dakota, #3 Exhibit 37-deposition transcript of Charles Walen taken on December 7, 2022, #4 Exhibit 38- deposition transcript of Paul Henderson taken on December 7, 2022)(Wiederholt, Bradley)
February 28, 2023	Filing 104 SUPPLEMENT Exhibit 16-Meeting minutes of September 15-16, 2021 to document: #103 Affidavit,,,,,,,, by Doug Burgum, Michael Howe. (Attachments: #1 Exhibit 17-written testimony provided by Nicole Donaghy, #2 Exhibit 18-written testimony of Collette Brown, #3 Exhibit 19-written testimony of Mike Faith, #4 Exhibit 20-written testimony of Charles Walker, #5 Exhibit 21-meeting minutes of September 22-23, 2021, #6 Exhibit 22-presentation on legal considerations for subdistricting, #7 Exhibit 23-written testimony of Mark Fox, #8 Exhibit 24-meeting minutes of September 28-29, 2021, #9 Exhibit 25-written testimony of Mike Faith, #10 Exhibit 26-written testimony of Mark Fox, #11 Exhibit 27-written testimony of Douglas Yankton, #12 Exhibit 28-written testimony of Lisa DeVille, #13 Exhibit 29-email correspondence from Claire Ness, #14 Exhibit 30-Redistricting Committee final report, #15 Exhibit 31-Executive Order 2021-17, #16 Exhibit 32-meeting minutes of November 8, 2021, #17 Exhibit 33-select maps of the final statewide redistricting recommended by the Redistricting Committee)(Wiederholt, Bradley) Modified on 3/1/2023 to clean up docket text. (jb)
February 28, 2023	Filing 103 AFFIDAVIT of Bradley N. Wiederholt re #101 MOTION for Summary Judgment by Doug Burgum, Michael Howe. (Attachments: #1 Exhibit 1-House Bill 1397, signed on April 21, 2021, #2 Exhibit 2-meeting minutes of July 29, 2021, #3 Exhibit 3-meetings minutes of August 17, 2021, #4 Exhibit 4-written testimony of Nicole Donaghy, #5 Exhibit 5-meetings minutes of August 26, 2021, #6 Exhibit 6-presentation provided by Ben Williams, #7 Exhibit 7-Legislative Redistricting Background Memorandum, #8 Exhibit 8-visual illustration of constitutional and statutory mapping requirements, #9 Exhibit 9-written testimony of Collette Brown, #10 Exhibit 10-written testimony of Karen Ehrens, #11 Exhibit 11-written testimony of Matt Perdue, #12 Exhibit 12-written testimony of Rick Gion, #13 Exhibit 13-meeting minutes of August 31, 2021, #14 Exhibit 14-meeting minutes of September 1, 2021, #15 Exhibit 15-meeting minutes of September 8, 2021)(Wiederholt, Bradley) Modified on 3/1/2023 to clean up docket text. (jb)
February 28, 2023	Filing 102 MEMORANDUM in Support re #101 MOTION for Summary Judgment filed by Doug Burgum, Michael Howe. (Wiederholt, Bradley)
February 28, 2023	Filing 101 MOTION for Summary Judgment by Doug Burgum, Michael Howe. (Wiederholt, Bradley)
February 28, 2023	Filing 100 AFFIDAVIT OF RYAN JOYCE re #99 MEMORANDUM in Support by Paul Henderson, Charles Walen. (Attachments: #1 Exhibit A - transcript of 8/26/21 hearing, #2 Exhibit B - transcript of 9/8/21 hearing, #3 Exhibit C - transcript of 9/15/21 hearing, #4 Exhibit D - transcript of 9/22/21 hearing, #5 Exhibit E - transcript of 9/23/21 hearing, #6 Exhibit F - transcript of 9/28/21 hearing, #7 Exhibit G - transcript of 9/29/21 hearing, #8 Exhibit H - transcript of 11/9/21 hearing, #9 Exhibit I - transcript of 11/10/21 hearing, #10 Exhibit J - Defendants' Expert Report of M.V. Hood III)(Sanderson, Paul)
February 28, 2023	Filing 99 MEMORANDUM in Support re #98 MOTION for Summary Judgment filed by Paul Henderson, Charles Walen. (Sanderson, Paul)
February 28, 2023	Filing 98 MOTION for Summary Judgment by Paul Henderson, Charles Walen. (Sanderson, Paul)
February 6, 2023	Filing 97 ORDER denying #85 Appeal of Magistrate Judge Decision and denying #94 Appeal of Magistrate Judge Decision. (EA)
February 6, 2023	DOCKET CORRECTION re: #94 Motion to Stay. Clerk's office corrected the event from Motion to Stay to Appeal of Magistrate Judge's Decision. (lf)
February 3, 2023	Filing 96 RESPONSE to Motion re #94 Appeal of Magistrate Judge Decision re #89 Order on Motion to Stay, Order on Motion to Expedite filed by Paul Henderson, Charles Walen. (Sanderson, Paul) Modified on 2/6/2023 to clarify docket text (lf).
January 31, 2023	Filing 95 MEMORANDUM in Support re #94 Appeal of Magistrate Judge Decision re #89 Order on Motion to Stay, Order on Motion to Expedite filed by Doug Burgum, Michael Howe. (Wiederholt, Bradley) Modified on 2/6/2023 clarify docket text (lf).
January 31, 2023	Filing 94 APPEAL OF A MAGISTRATE JUDGE DECISION re #89 Order on Motion to Stay, Order on Motion to Expedite by Doug Burgum, Michael Howe. (Wiederholt, Bradley) Modified on 2/6/2023 to correct event from Motion to Stay to Appeal of Magistrate Judge decision (lf).
January 25, 2023	Filing 93 TRANSCRIPT of Motion for Preliminary Injunction (Vol 2) held on May 5, 2022, before Judge Peter D. Welte. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 2/1/2023. Redaction Request due 2/15/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/25/2023. (kk)
January 25, 2023	Filing 92 NOTICE OF FILING OF TRANSCRIPT (Mtn for Preliminary Injunction Vol 2) (kk)
January 24, 2023	Filing 91 RESPONSE to Motion re #85 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Doug Burgum, Alvin Jaeger re #77 Order filed by Paul Henderson, Charles Walen. (Attachments: #1 Affidavit of Paul Sanderson, #2 Exhibit A - letter dated December 5, 2022, #3 Exhibit B - Email dated December 8, 2022, #4 Exhibit C - letter dated December 12, 2022)(Sanderson, Paul)
January 24, 2023	Filing 90 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. In accordance with Federal Rule of Civil Procedure 25(d), the Clerk's office is directed to substitute Secretary of State Michael Howe for Alvin Jaeger as defendant. (KT)
January 24, 2023	Filing 89 ORDER by Magistrate Judge Alice R. Senechal denying #79 Motion to Stay; finding as moot #79 Motion to Expedite. (KT)
January 19, 2023	Filing 88 RESPONSE to Motion re #78 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Terry B. Jones, North Dakota Legislative Assembly re #72 Order on Motion to Quash filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Gaber, Mark)
January 19, 2023	Filing 87 ORDER by Magistrate Judge Alice R. Senechal Regarding Discovery Dispute (Text Exchange, Proper Search and Communications). (KT)
January 18, 2023	Filing 86 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed #84 Motion for Extension of Time to File Response re: #78 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge. Response due by 1/19/2023. (AS)
January 17, 2023	Filing 85 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Doug Burgum, Alvin Jaeger re #77 Order (Wiederholt, Bradley)
January 17, 2023	Filing 84 MOTION for Extension of Time to File Response/Reply as to #78 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Terry B. Jones, North Dakota Legislative Assembly re #72 Order on Motion to Quash (Consented Motion) by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Proposed Order)(Gaber, Mark)
January 13, 2023	Filing 83 ORDER by Magistrate Judge Alice R. Senechal re: #79 MOTION to Stay and Expedite filed by Alvin Jaeger and Doug Burgum. Any Response due by 1/20/2023. (AS)
January 13, 2023	Filing 82 RESPONSE to Motion re #79 MOTION to Stay re #77 Order MOTION to Expedite filed by Paul Henderson, Charles Walen. (Sanderson, Paul)
January 13, 2023	Set/Reset Deadlines as to #79 MOTION to Stay re #77 Order MOTION to Expedite . Responses due by 1/20/2023. See Order at #83 . (sc)
January 12, 2023	Filing 81 AFFIDAVIT (Declaration) of Matthew A. Sagsveen re #80 MEMORANDUM in Support by Doug Burgum, Alvin Jaeger. (Attachments: #1 Exhibit 1 - Invoices)(Wiederholt, Bradley)
January 12, 2023	Filing 80 MEMORANDUM in Support re #79 MOTION to Stay re #77 Order MOTION to Expedite filed by Doug Burgum, Alvin Jaeger. (Wiederholt, Bradley)
January 12, 2023	Filing 79 MOTION to Stay re #77 Order , MOTION to Expedite by Doug Burgum, Alvin Jaeger. (Wiederholt, Bradley)
January 5, 2023	Filing 78 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Terry B. Jones, North Dakota Legislative Assembly re #72 Order on Motion to Quash (Porsborg, Scott)
January 3, 2023	Filing 77 ORDER by Magistrate Judge Alice R. Senechal regarding discovery dispute (copies of transcripts). (AS)
December 30, 2022	Filing 76 Position Papers (Re: Text Exchange, Proper Search and Communications) by Paul Henderson, Charles Walen: re #69 Status Conference - Discovery Dispute. (Attachments: #1 Copy of Clerk's Minutes at Doc. No. 69, #2 Transcript of Paul Henderson, #3 Transcript of Charles Leander Walen, #4 Letter from Attorney Gaber Dated: December 9, 2022, #5 Henderson Declaration) (sj)
December 29, 2022	Filing 75 Position Papers (Re: Text Exchange, Proper Search and Communications) by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation: re #69 Status Conference - Discovery Dispute. (Attachments: #1 Intervenor Defendants' First Set of Requests for Production to Plaintiffs, #2 Defendants Doug Burgum and Alvin Jaeger's Interrogatories and Requests for Production of Documents to Plaintiffs Set No. 1, #3 Plaintiffs' Responses to Defendant-Intervenors' Requests for Production of Documents, #4 Plaintiffs' Responses to Defendant Doug Burgum and Alvin Jaeger's Interrogatories and Requests for Production of Documents Set No. 1, #5 Exhibit 6 - Henderson Depo. Tr., #6 Exhibit 7 - Walen Depo. Tr., #7 Declaration of Paul Henderson) (sj)
December 29, 2022	Filing 74 Position Papers (Re: Transcripts, Post-Conference) by Doug Burgum, Alvin Jaeger: re #69 Status Conference - Discovery Dispute. (sj)
December 29, 2022	Filing 73 Position Papers (RE: Transcripts, Post-Conference) by Paul Henderson, Charles Walen: re #69 Status Conference - Discovery Dispute. (sj)
December 22, 2022	Filing 72 ORDER by Magistrate Judge Alice R. Senechal denying #52 Motion to Quash. (AS)
December 22, 2022	Filing 71 NOTICE by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation re #58 Response to Motion, (Notice of Supplemental Evidence Regarding Rep. Jones's Motion to Quash) (Attachments: #1 Exhibit 1 (Henderson Deposition Transcript), #2 Exhibit 2 (Walen Deposition Transcript))(Gaber, Mark)
December 22, 2022	Filing 70 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Following the 12/20/2022 Status Conference, the Scheduling Order is amended as follows: Discovery Motions due by 12/28/2022. Dispositive Motions due by 2/28/2023. (KT)
December 20, 2022	Filing 69 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference re: Discovery Dispute held on 12/20/2022. (DR #221220-001) (sj) (Additional attachment(s) added on 12/29/2022: #1 Plaintiffs' Position Statement, #2 Defendants' Position Statement, #3 Defendants' Exhibit 1, #4 MHA Position Statement) (sj). Note: Added per directive of Chambers. NEF Regenerated. (sj).
December 20, 2022	Filing 68 NOTICE of Hearing: Status Conference re: Discovery Dispute RESET for 12/20/2022 at 03:30 PM by telephone before Magistrate Judge Alice R. Senechal. (Previously set for 12/20/2022 at 11:00 AM). Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (KT)
December 15, 2022	Filing 67 NOTICE of Hearing: Status Conference re: Discovery Dispute set for 12/20/2022 at 11:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (KT)
December 12, 2022	Filing 66 NOTICE of Appearance by Bradley Neuman Wiederholt on behalf of Doug Burgum, Alvin Jaeger (Wiederholt, Bradley)
December 12, 2022	DOCKET CORRECTION re: #62 Memorandum in Support. Wrong event selected. Clerk's Office restricted access to document and re-filed as Reply to Response at #65 . (mf)
December 9, 2022	Filing 64 NOTICE of Appearance by James E. Nicolai on behalf of Doug Burgum, Alvin Jaeger (Nicolai, James)
December 9, 2022	Filing 63 NOTICE of Appearance by Courtney Rebecca Titus on behalf of Doug Burgum, Alvin Jaeger (Titus, Courtney)
December 7, 2022	Filing 65 REPLY to Response to Motion re #52 MOTION to Quash filed by Terry B. Jones, North Dakota Legislative Assembly. (mf)
December 7, 2022	Filing 62 RESTRICTED - WRONG EVENT SELECTED MEMORANDUM in Support re #52 MOTION to Quash filed by Terry B. Jones, North Dakota Legislative Assembly. (Porsborg, Scott) Modified on 12/12/2022 to restrict access (mf)
December 6, 2022	Filing 61 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #59 Motion for Extension of Time to File Discovery Motions. The Scheduling Order is amended as follows: Discovery Motions due by 12/22/2022. (KT)
December 6, 2022	Set/Reset Scheduling Order Deadlines: Discovery Motions due by 12/22/2022. (sc)
December 5, 2022	Filing 60 MEMORANDUM in Support re #59 MOTION for Extension of Time to File Discovery Motions filed by Paul Henderson, Charles Walen. (Attachments: #1 Exhibit A - letter dated 12/5/22, #2 Exhibit B - Email dated 12/5/22)(Sanderson, Paul)
December 5, 2022	Filing 59 MOTION for Extension of Time to File Discovery Motions by Paul Henderson, Charles Walen. (Sanderson, Paul)
December 1, 2022	DOCKET CORRECTION re: #58 RESPONSE to Motion. Clerk's office added more complete descriptions to eliminate abbreviations to attachment. (sc)
November 30, 2022	Filing 58 RESPONSE to Motion re #52 MOTION to Quash filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Exhibit 1: Motion for Preliminary Injunction Hearing Transcript Excerpt)(Gaber, Mark) Modified to add more complete attachment description on 12/1/2022 (sc).
November 29, 2022	Filing 57 PARTIAL TRANSCRIPT (Testimony of Terry B. Jones) of Motion for Preliminary Injunction held on May 5, 2022, before Judges Ralph R. Erickson, Peter D. Welte, Daniel L. Hovland. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 12/6/2022. Redaction Request due 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023. (kk)
November 29, 2022	Filing 56 NOTICE OF FILING OF TRANSCRIPT (Testimony of Terry B. Jones) (kk)
November 29, 2022	Filing 55 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed #54 Motion for Extension of Time to Complete Discovery. The fact discovery deadline is extended until 12/9/2022 for the limited purpose of plaintiffs' depositions. The discovery deadline as to the deposition of Representative Terry Jones is stayed pending a ruling on the pending motion to quash. (AS)
November 28, 2022	Filing 54 MOTION for Extension of Time to Complete Discovery (Unopposed) by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Proposed Order)(Gaber, Mark)
November 16, 2022	Filing 53 MEMORANDUM in Support re #52 MOTION to Quash filed by Terry B. Jones, North Dakota Legislative Assembly. (Attachments: #1 Exhibit A - Subpoena to Testify at a Deposition in a Civil Action, #2 Exhibit B - Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action)(Porsborg, Scott)
November 16, 2022	Filing 52 MOTION to Quash by Terry B. Jones, North Dakota Legislative Assembly. (Porsborg, Scott)
November 10, 2022	Filing 51 NOTICE of Appearance by Nicole Hansen on behalf of Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation (Hansen, Nicole)
September 15, 2022	Filing 50 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Mid-Discovery Status Conference held on 9/15/2022. (DR #220915-002 Walen Turtle Mtn) (td)
September 15, 2022	Filing 49 NOTICE of Hearing: Bench Trial set for 10/2/2023 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte, Circuit Judge Ralph R. Erickson, and Judge Daniel L. Hovland. (Trial Est. 5 Days). (AS)
September 15, 2022	Filing 48 Order for Final Pretrial Conference and Trial Preparation Deadlines by Magistrate Judge Alice R. Senechal. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to ndd_J-Senechal@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. Final Pretrial Conference set for 9/13/2023 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (AS)
September 15, 2022	Filing 47 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the 9/15/2022 status conference, the Scheduling Order is amended as follows: Plaintiff(s) Expert Witness Disclosures and Reports due by 11/30/2022. Defendant(s) Expert Witness Disclosures and Reports due by 1/17/2023. Any Rebuttal Expert Disclosures due by 2/16/2023. Discovery Depositions of Expert Witnesses due by 3/16/2023. (AS)
July 26, 2022	DOCKET CORRECTION re: #45 Stipulation of Dismissal. Wrong event selected. Clerk's office restricted access and re-filed as a Stipulation at the request of chambers. (lf)
July 25, 2022	Filing 46 STIPULATION TO WITHDRAW APPEAL re #41 Notice of Interlocutory Appeal by Paul Henderson, Charles Walen. (lf)
July 25, 2022	Filing 45 RESTRICTED - WRONG EVENT SELECTED STIPULATION of Dismissal by All Parties of Plaintiffs' Appeal by Paul Henderson, Charles Walen. (Sanderson, Paul) Modified on 7/26/2022 to restrict access (lf).
July 1, 2022	Filing 44 SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 12/1/2022. Discovery Motions due by 12/8/2022. Plaintiff(s) Expert Witness Disclosures and Reports due by 11/15/2022. Defendant(s) Expert Witness Disclosures and Reports due by 12/15/2022. Any Rebuttal Expert Disclosures due by 1/16/2023. Discovery Depositions of Expert Witnesses due by 2/1/2023. Join Additional Parties due by 8/1/2022. Amended Pleadings due by 8/1/2022. Nondispositive Motions due by 9/1/2022. Dispositive Motions due by 2/1/2023. Mid-Discovery Status Conference set for 9/15/2022 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call in conjunction with the plaintiffs in Turtle Mountain Band of Chippewa Indians v. Jaegar, No. 3:22-cv-22. The telephone number for chambers is 701-297-7070. (AS)
July 1, 2022	Filing 43 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 7/1/2022. (DR #220701-000 (Chambers Recorder)) (td)
June 15, 2022	DOCKET ANNOTATION: Notice of Interlocutory Appeal filed at #41 is a direct appeal to the U.S. Supreme Court, and therefore will not be assigned a case number in the Eighth Circuit. Filing fee of $505.00 to be refunded. (kmk)
June 15, 2022	DOCKET CORRECTION re: #42 Transmittal of Notice of Appeal. Filed in error. Clerk's Office restricted access to document. (mf)
June 14, 2022	Filing 42 RESTRICTED - FILED IN ERROR Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #41 Notice of Interlocutory Appeal (mf) Modified on 6/15/2022 to restrict access (mf).
June 14, 2022	Filing 41 NOTICE OF INTERLOCUTORY APPEAL as to #37 Order on Motion for Preliminary Injunction by Paul Henderson, Charles Walen. Filing fee $ 505 paid. (mf)
June 14, 2022	Filing 40 CERTIFICATE OF SERVICE by Charles Walen Notice of Interlocutory Appeal to the U.S. Supreme Court (Sanderson, Paul)
June 14, 2022	Filing 39 RESTRICTED - WRONG EVENT SELECTED NOTICE OF APPEAL as to #37 Order on Motion for Preliminary Injunction by Charles Walen. Filing fee $505. (Sanderson, Paul) Modified on 6/14/2022 to restrict access (mf)
June 14, 2022	DOCKET CORRECTION re: #39 Notice of Appeal. Wrong event selected. Clerk's Office restricted access to document and re-filed as Notice of Interlocutory Appeal at #41 . (mf)
June 1, 2022	Filing 38 ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 7/1/2022 at 09:00 AM before Magistrate Judge Alice R. Senechal. (AS)
May 26, 2022	Filing 37 ORDER denying #9 Motion for Preliminary Injunction. (EA) (Main Document 37 replaced to correct typographical error on 5/26/2022. NEF regenerated) (pb).
May 5, 2022	Filing 36 Minute Entry for proceedings held before Circuit Judge Ralph R. Erickson, Judge Daniel L. Hovland, and Chief Judge Peter D. Welte: Motion Hearing held on 5/5/2022 re #9 MOTION for Preliminary Injunction filed by Paul Henderson, Charles Walen. (Court Reporter kk) (Attachments: #1 Exhibit 1 - Loren Collingwood CV) (lh)
May 2, 2022	Filing 35 (Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal assigned as referral judge for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer assigned to the case, as referral judge. (kmk)
April 27, 2022	Filing 34 NOTICE of Appearance by Samantha Blencke Kelty on behalf of Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation (Kelty, Samantha)
April 22, 2022	Filing 33 ANSWER to #1 Complaint by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation.(Carter, Michael)
April 22, 2022	Filing 32 ANSWER to #1 Complaint by Doug Burgum, Alvin Jaeger.(Phillips, David)
April 18, 2022	Filing 31 AFFIDAVIT of Paul Sanderson re #30 Reply to Response to Motion by Paul Henderson, Charles Walen. (Sanderson, Paul)
April 18, 2022	Filing 30 REPLY to Response to Motion re #9 MOTION for Preliminary Injunction filed by Paul Henderson, Charles Walen. (Sanderson, Paul)
April 13, 2022	Filing 29 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 4/13/2022. (Court Reporter kk) (lh)
April 13, 2022	Filing 28 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #27 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj)
April 13, 2022	Filing 27 MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing fee $150, receipt number: ANDDC-2403032) by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Sells, Bryan) Modified on 4/13/2022 to add receipt number. (sj).
April 12, 2022	DOCKET CORRECTION re: #25 Motion to Appear Pro Hac Vice and 26 Order. Motion was inadvertently filed without payment of the filing fee and listed the wrong parties represented. The motion and order have been restricted and attorney Sells will refile the motion. (lf)
April 11, 2022	Filing 26 RESTRICTED - FILED IN ERROR (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #25 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj) Modified on 4/12/2022 to restrict access (lf).
April 11, 2022	Filing 25 RESTRICTED - ERROR IN DOCUMENT AND FEE NOT PAID MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing fee: waived) by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Sells, Bryan) Modified on 4/12/2022 to restrict access (lf).
April 8, 2022	Filing 24 NOTICE of Hearing: Status Conference set for 4/13/2022 at 03:30 PM in Fargo Courtroom 1 and by video before Chief Judge Peter D. Welte. Parties will appear via video. Video instructions provided to counsel via email. (EA)
April 8, 2022	Filing 23 NOTICE of Hearing on #9 MOTION for Preliminary Injunction: Motion Hearing set for 5/5/2022 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte, Judge Ralph R. Erickson, and Judge Daniel L. Hovland. (EA)
April 8, 2022	Filing 22 NOTICE of Appearance by Molly Danahy on behalf of Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation (Danahy, Molly)
April 8, 2022	DOCKET CORRECTION re: #19 Affidavit of Irwin James Narum (Jim) Silrum. Clerk's office cleaned up docket text for Exhibits D and E; #20 Affidavit of Emily Thompson. Clerk's office replaced Exhibits X, Y and Z to remove blank pages. Clerk's office also cleaned up docket text for all Exhibits; #21 Response to Motion. Clerk's office added docket text to Attachments 1 and 2 to clarify Exhibits. (jb)
April 7, 2022	Filing 21 RESPONSE to Motion re #9 MOTION for Preliminary Injunction filed by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Carter Declaration with Exhibits 1 - 9, #2 Exhibit 10 - Collingwood Declaration)(Campbell, Matthew) Modified on 4/8/2022 to clarify attached exhibits. (jb)
April 7, 2022	Filing 20 AFFIDAVIT of Emily Thompson re #18 Response to Motion by Doug Burgum, Alvin Jaeger. (Attachments: #1 Exhibit A - Meeting Minutes for the July 29, 2021 meeting, #2 Exhibit B - Revised Meeting Notice for the August 17, 2021 meeting, #3 Exhibit C - Written testimony of Nicole Donaghy, #4 Exhibit D - Meeting Notice for the August 26, 2021 meeting, #5 Exhibit E - Written testimony of Collette Brown, #6 Exhibit F - Written testimony of Karen Ehrens, #7 Exhibit G - Written testimony of Matt Perdue, #8 Exhibit H - Written testimony of Rick Gion, #9 Exhibit I - Meeting Notice for the August 31, 2021, #10 Exhibit J - Meeting Notice for the September 1, 2021 meeting, #11 Exhibit K - Meeting Notice for the September 8, 2021 meeting, #12 Exhibit L - Meeting Notice for the September 15-16, 2021 meeting, #13 Exhibit M - Written testimony of Nicole Donaghy, #14 Exhibit N - Written testimony of Collette Brown, #15 Exhibit O - Written testimony of Mike Faith, #16 Exhibit P - Written testimony of Charles Walker, #17 Exhibit Q - Meeting Notice for the September 22-23, 2021 meeting, #18 Exhibit R - Written testimony of Mark Fox, #19 Exhibit S - Meeting Notice for the September 28-29, 2021 meeting, #20 Exhibit T - Written testimony of Mike Faith, #21 Exhibit U - Written testimony of Mark Fox, #22 Exhibit V - Written testimony of Douglas Yankton, Sr., #23 Exhibit W - Written testimony of Lisa DeVille, #24 Exhibit X - Written testimony of Douglas Yankton, Sr., #25 Exhibit Y - Written testimony of Jamie Azure, #26 Exhibit Z - Written testimony of Rick Gion)(Phillips, David) (Exhibits X, Y, and Z replaced on 4/8/2022 to remove blank pages.) Modified on 4/8/2022 to clean up docket text. (jb)
April 7, 2022	Filing 19 AFFIDAVIT of Irwin James Narum (Jim) Silrum re #18 Response to Motion by Doug Burgum, Alvin Jaeger. (Attachments: #1 Exhibit A - House Bill No. 1397, #2 Exhibit B - Executive Order 2021-17, #3 Exhibit C - House Bill No. 1504, #4 Exhibit D - Table re: district information, #5 Exhibit E - Petition Signature Requirements)(Phillips, David) Modified on 4/8/2022 to clean up docket text. (jb)
April 7, 2022	Filing 18 RESPONSE to Motion re #9 MOTION for Preliminary Injunction filed by Doug Burgum, Alvin Jaeger. (Phillips, David)
April 4, 2022	Filing 17 ORDER by Chief Judge Peter D. Welte granting #16 Motion to Intervene. (EA)
March 31, 2022	DOCKET CORRECTION re: #16 MOTION to Intervene. Clerk's Office removed the word 'Exhibit' and added description to attachment. (sj)
March 30, 2022	Filing 16 MOTION to Intervene as Defendants by Cesareo Alvarez, Jr, Lisa DeVille, Mandan, Hidatsa & Arikara Nation. (Attachments: #1 Proposed Answer in Intervention to Complaint for Declaratory and Injunctive Relief)(Carter, Michael) Modified on 3/31/2022 to remove the word 'Exhibit' and add description to attachment. (sj).
March 22, 2022	Set/Reset Deadlines as to #9 MOTION for Preliminary Injunction . (Responses due by 4/7/2022, Replies due by 4/14/2022), Set/Reset Deadlines: Doug Burgum answer due 4/22/2022; Alvin Jaeger answer due 4/22/2022. See Order at #15 . (pb)
March 18, 2022	Filing 15 ORDER by Chief Judge Peter D. Welte granting 11 Motion for Three-Judge Panel and adopting #14 Stipulation. (Attachments: #1 Exhibit - Letter of Panel Designation from Chief Judge Lavenski R. Smith and Letter to Chief Judge Lavenski R. Smith from Chief Judge Peter D. Welte) (EA)
March 8, 2022	Filing 14 STIPULATION re #9 MOTION for Preliminary Injunction , #1 Complaint by Doug Burgum, Alvin Jaeger. (Phillips, David)
March 7, 2022	Filing 13 NOTICE of Appearance by David R. Phillips on behalf of Doug Burgum, Alvin Jaeger (Phillips, David)
March 7, 2022	DOCKET CORRECTION re: #9 MOTION. Clerk's Office added filer, Paul Henderson; Multiple relief document filed as one relief. An additional MOTION for Three-Panel Judge filed at 11 . re: #10 PRETRIAL MEMORANDUM. Wrong event selected; Clerk's Office restricted access to document and re-filed as MEMORANDUM in Support at #12 and added filer, Paul Henderson; Links, exhibit number and description were added as well. (sj)
March 4, 2022	Filing 12 MEMORANDUM in Support re #9 MOTION for Preliminary Injunction , 11 MOTION Request for Three-Judge Panel filed by Paul Henderson, Charles Walen. (Attachments: #1 Exhibit 1 - Maps of Districts: 4A, 4B, 9A, and 9B)(sj)
March 4, 2022	Filing 11 MOTION for Three-Judge Panel by Paul Henderson, Charles Walen. See Doc #9 . (sj)
March 4, 2022	Filing 10 RESTRICTED - WRONG EVENT SELECTED PRETRIAL MEMORANDUM by Charles Walen. (Attachments: #1 Exhibit)(Sanderson, Paul) Modified on 3/7/2022 to restrict access. (sj).
March 4, 2022	Filing 9 MOTION for Preliminary Injunction by Charles Walen and Paul Henderson (Sanderson, Paul) Modified on 3/7/2022 to add filer. (sj).
March 2, 2022	Filing 8 CONSENT/REASSIGNMENT FORM by Paul Henderson, Charles Walen. (rh)
March 1, 2022	Filing 7 SUMMONS Returned Executed by Charles Walen, Paul Henderson. Doug Burgum served on 2/23/2022, answer due 3/16/2022; Alvin Jaeger served on 2/23/2022, answer due 3/16/2022 (Sanderson, Paul)
February 23, 2022	Filing 6 NOTICE of Appearance by Matthew A. Sagsveen on behalf of Doug Burgum, Alvin Jaeger (Sagsveen, Matthew)
February 18, 2022	Filing 5 (Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte.Case reassigned to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Clare R. Hochhalter, as referral judge, for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer assigned to the case as presiding judge. (kmk)
February 17, 2022	Filing 4 NOTICE of Direct Assignment as to Charles Walen. Consent/Reassignment Form due by 3/3/2022. (mf)
February 16, 2022	Filing 3 Summons Issued as to Doug Burgum, Alvin Jaeger. (mf)
February 16, 2022	Filing 2 NOTICE of Direct Assignment as to Paul Henderson Consent/Reassignment Form due by 3/2/2022. (mf) Modified on 2/17/2022 to remove incorrect party (mf)
February 16, 2022	Filing 1 COMPLAINT against Doug Burgum, Alvin Jaeger (Filing fee $402, receipt number 122000410) filed by Charles Walen, Paul Henderson. (Attachments: #1 Civil Cover Sheet, #2 Cover Sheet Addendum)(mf)

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Search for this case: Walen et al v. Burgum et al
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Plaintiff: Charles Walen
Represented By:	Paul R. Sanderson
Represented By:	Robert W. Harms
Represented By:	Ryan J Joyce
Represented By:	William J. Behrmann
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Plaintiff: Paul Henderson
Represented By:	Robert W. Harms
Represented By:	Ryan J Joyce
Represented By:	Paul R. Sanderson
Represented By:	William J. Behrmann
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Defendant: Doug Burgum
Represented By:	Matthew A. Sagsveen
Represented By:	David R. Phillips
Represented By:	Bradley Neuman Wiederholt
Represented By:	Courtney Rebecca Titus
Represented By:	James E. Nicolai
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Defendant: Alvin Jaeger
Represented By:	Matthew A. Sagsveen
Represented By:	David R. Phillips
Represented By:	Bradley Neuman Wiederholt
Represented By:	Courtney Rebecca Titus
Represented By:	James E. Nicolai
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Defendant: Michael Howe
Represented By:	Bradley Neuman Wiederholt
Represented By:	Courtney Rebecca Titus
Represented By:	David R. Phillips
Represented By:	James E. Nicolai
Represented By:	Matthew A. Sagsveen
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Intervenor defendant: Mandan, Hidatsa & Arikara Nation
Represented By:	Michael Stephen Carter
Represented By:	Mark Gaber
Represented By:	Bryan L. Sells
Represented By:	Matthew Lee Campbell
Represented By:	Molly Danahy
Represented By:	Nicole Hansen
Represented By:	Samantha Blencke Kelty
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Intervenor defendant: Lisa DeVille
Represented By:	Michael Stephen Carter
Represented By:	Bryan L. Sells
Represented By:	Mark Gaber
Represented By:	Matthew Lee Campbell
Represented By:	Molly Danahy
Represented By:	Nicole Hansen
Represented By:	Samantha Blencke Kelty
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Intervenor defendant: Cesareo Alvarez, Jr.
Represented By:	Michael Stephen Carter
Represented By:	Bryan L. Sells
Represented By:	Mark Gaber
Represented By:	Matthew Lee Campbell
Represented By:	Molly Danahy
Represented By:	Nicole Hansen
Represented By:	Samantha Blencke Kelty
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Petitioner: North Dakota Legislative Assembly
Represented By:	Austin T. Lafferty
Represented By:	Brian D. Schmidt
Represented By:	Scott K. Porsborg
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Petitioner: Terry B. Jones
Represented By:	Austin T. Lafferty
Represented By:	Brian D. Schmidt
Represented By:	Scott K. Porsborg
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