Hendrix et al v. Howe et al
| Jared Hendrix, Retire Congress North Dakota, Liberty Initiative Fund, Trenton Pool and Accelevate 2020, LLC |
| Michael Howe and Drew Wrigley |
| 1:2023cv00185 |
| September 22, 2023 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel L Hovland |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question: Other Civil Rights |
| None |
Docket Report
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Filing 30
ORDER Mid-Discovery Status Conference set for 2/20/2024 9:30 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(GW)
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Filing 29
Order for Final Pretrial Conference and Trial Preparation Deadlines. 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-Hochhalter@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. by Magistrate Judge Clare R. Hochhalter. Final Pretrial Conference set for 2/18/2025 at 9:30 AM by telephone before Magistrate Judge Clare R. Hochhalter.(GW)
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Filing 28
SCHEDULING ORDER by Magistrate Judge Clare R. Hochhalter. Discovery due by 5/14/2024. Discovery Motions due by 6/15/2024. Plaintiffs Expert Witness Disclosures and Reports due by 5/14/2024. Defendants Expert Witness Disclosures and Reports due by 6/15/2024. Discovery Depositions of Expert Witnesses due by 7/15/2024. Join Additional Parties due by 2/1/2024. Amended Pleadings due by 2/1/2024. Nondispositive Motions due by 3/15/2024. Dispositive Motions due by 9/12/2024. (GW)
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| Filing 27 NOTICE of Hearing: Bench Trial set for 3/3/2025 at 9:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (5 days). (GW) |
| Filing 26 (Text only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Scheduling Conference held on 11/16/2023. (GW) |
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Filing 25
(Text Only) ORDER by Judge Daniel L. Hovland granting #24 Motion to Strike #7 MOTION for Preliminary Injunction and withdrawing #7 Motion for Preliminary Injunction. (MM)
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| Filing 24 MOTION to Strike #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Attachments: #1 Proposed Order)(Rossi, Paul) |
| DOCKET CORRECTION re: #19 Response to Motion. Clerk's Office removed 'Motion for Temporary Restraining Order' language from docket text. (mf) |
| Filing 23 CERTIFICATE OF SERVICE by Michael Howe, Drew Wrigley re #22 Affidavit, #19 Response to Motion, #21 Affidavit, #20 Affidavit,,, (Armstrong, Mitchell) |
| Filing 22 AFFIDAVIT of Benjamin Leingang re #19 Response to Motion by Michael Howe, Drew Wrigley. (Armstrong, Mitchell) |
| Filing 21 AFFIDAVIT of Lee Ann Oliver re #19 Response to Motion by Michael Howe, Drew Wrigley. (Attachments: #1 Exhibit N - Initiating and Referring Law in ND)(Armstrong, Mitchell) (Attachment 1 replaced on 10/25/2023 to correct orientation of pages 20-31). NEF Regenerated on 10/25/2023 (mf) |
| Filing 20 AFFIDAVIT of Michael Howe re #19 Response to Motion by Michael Howe, Drew Wrigley. (Attachments: #1 Exhibit A - Congressional Age Limit Approved Petition, #2 Exhibit B - Timeline for Constitutional Initiative, #3 Exhibit C - District Court Findings Regarding Disqualification of Petition Signatures, #4 Exhibit D - History of Initiative and Referendum in ND, #5 Exhibit E - Measures Before the Voters, #6 Exhibit F - BCI Report, #7 Exhibit G - Colorado Sun Article, #8 Exhibit H - Affidavit of Probable Cause - Diana Watt, #9 Exhibit I - Affidavit of Probable Cause - Alex Joseph, #10 Exhibit J - Arrest Warrants, #11 Exhibit K - Denver Post Article, #12 Exhibit L - Detroit Free Press Article, #13 Exhibit M - San Francisco Chronicle Article)(Armstrong, Mitchell) (Attachments 1 and 5 replaced on 10/25/2023 to correct orientation of documents). NEF Regenerated on 10/25/2023 (mf) |
| Filing 19 RESPONSE to Motion re #7 MOTION for Preliminary Injunction filed by Michael Howe, Drew Wrigley. (Armstrong, Mitchell) Modified on 10/25/2023 to clean up docket text (mf) |
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Filing 18
ORDER: Scheduling Conference set for 11/16/2023 at 09:00 AM in by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)
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| Filing 17 ANSWER to #1 Complaint, by Michael Howe, Drew Wrigley.(Armstrong, Mitchell) |
| Filing 16 NOTICE of Hearing on Motion #7 MOTION for Preliminary Injunction: Motion Hearing set for 12/13/2023 at 09:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland. A 1.5 day hearing is anticipated.(MM) Modified on 10/13/2023 to add location. NEF Regenerated (mf) |
| Filing 15 Minute Entry for proceedings held before Judge Daniel L. Hovland: Status Conference held on 10/10/2023. (Court Reporter None) (cjs) |
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Filing 14
(Text Only) ORDER by Judge Daniel L. Hovland re #7 Plaintiffs' MOTION for Preliminary Injunction. Defendants' Response due 10/24/2023. Plaintiffs' reply due 11/3/2023.(MM)
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| Set/Reset Deadlines as to #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Response due by 10/24/2023. Reply due by 11/3/2023. (jb) |
| Filing 13 NOTICE of Hearing: Status Conference set for 10/10/2023 at 02:30 PM by telephone before Judge Daniel L. Hovland. Parties to call in per instructions provided by email.(MM) |
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Filing 12
ORDER by Judge Daniel L. Hovland denying #7 Motion for Temporary Restraining Order. (MM)
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| Filing 11 REPLY to Response to Motion re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Attachments: #1 Exhibit G, Order of Judge Kane Requiring Out-of-State Petition Circulators to Submit to the Jurisdiction of Pennsylvania, #2 Exhibit H, Order of Judge Hornak Requiring Out-of-State Petition Circulators to Submit to the Jurisdiction of Pennsylvania)(Rossi, Paul) |
| Filing 10 RESPONSE to Motion re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael Howe, Drew Wrigley. (Attachments: #1 Exhibit 1 - Interim Committee minutes discussing draft amendment 3.20.18, #2 Exhibit 2 - Interim Committee minutes discussing draft amendment 5.22.18)(Armstrong, Mitchell) |
| DOCKET CORRECTION re: #7 Motion for Temporary Restraining Order, Motion for Preliminary Injunction. Clerk's office added filer (Trenton Pool); re: #8 Memorandum in Support. Clerk's office added 'Exhibit A,' 'Exhibit B, 'Exhibit C,' and 'Exhibit D' references for attachments 1-4 and added exhibit letters to attachments 5-6. (jb) |
| Filing 9 NOTICE of Appearance by Mitchell D. Armstrong on behalf of Michael Howe, Drew Wrigley (Armstrong, Mitchell) |
| Filing 8 MEMORANDUM in Support re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Attachments: #1 Exhibit A - Declaration of Hendrix, #2 Exhibit B - Declaration of Jacob, #3 Exhibit C - Declaration of Pool, #4 Exhibit D - Declaration of Owen, #5 Exhibit E - Initiated & Referred Measure Study Committee Authorization Statute, #6 Exhibit F - Proposal Prepared by the Legislative Council staff for the Initiated & Referred Measures Study Commission, March 2018)(Rossi, Paul) Modified on 10/4/2023 to add exhibit references and exhibit letters to attachments. (jb) |
| Filing 7 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Rossi, Paul) Modified on 10/4/2023 to add filer (Trenton Pool). (jb) |
| Filing 6 *RESTRICTED - ERROR IN DOCUMENT* MOTION to Withdraw Document #3 MOTION for Temporary Restraining Order and Preliminary Injunction, #4 MEMORANDUM in Support to WIthdraw Brief in Support FIled as Exhibit #1 to DOcument #3 and DOcument #4 in its entirety for the brief attached as Exhibit to this Motion by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Attachments: #1 Exhibit Amended, 20 Page Brief in Support)(Rossi, Paul) Modified on 10/3/2023 to restrict access. (jb) |
| Filing 5 CERTIFICATE OF SERVICE by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota re #1 Complaint, & Summons (Rossi, Paul) |
| Filing 4 *RESTRICTED - ERROR IN DOCUMENT* MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Rossi, Paul) Modified on 10/3/2023 to restrict access. (jb) |
| Filing 3 *RESTRICTED - ERROR IN DOCUMENT* MOTION for Temporary Restraining Order and Preliminary Injunction by Accelevate 2020, LLC, Jared Hendrix, Liberty Initiative Fund, Trenton Pool, Retire Congress North Dakota. (Attachments: #1 Brief in Support, #2 Exhibit Declaration of Jared Hendrix, #3 Exhibit Declaration of Paul Jacob, #4 Exhibit Declaration of Trenton Pool, #5 Exhibit Declaration of David Owen, #6 Exhibit, #7 Exhibit)(Rossi, Paul) Modified on 10/3/2023 to restrict access. (jb) |
| DOCKET CORRECTION re: #3 Motion for Temporary Restraining Order and Preliminary Injunction, #4 Memorandum in Support, and #6 Motion to Withdraw Document. Clerk's office restricted access to document per request of filer. (jb) |
| Filing 2 Summons Issued as to Michael Howe, Drew Wrigley. (jb) |
| Filing 1 COMPLAINT against Michael Howe, Drew Wrigley (Filing fee $402, receipt number 100001466) filed by Trenton Pool, Jared Hendrix, Liberty Initiative Fund, Retire Congress North Dakota, Accelevate 2020, LLC. (Attachments: #1 Exhibit A - Article III, Sections 3 and 9 of the North Dakota State Constitution, #2 Exhibit B - N.D. CENT. CODE Chapter 16.1-01-09(3) and Chapter 16.1-01-12(1)(i) and (2)(a), #3 Civil Cover Sheet)(jb) |
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