Johnson et al v. Krebs
Plaintiff: G. Matt Johnson and Lora Hubbel
Defendant: Shantel Krebs
Intervenor Plaintiff: Dr. Terry Lee LaFleur
Case Number: 4:2018cv04108
Filed: August 29, 2018
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Referring Judge: Karen E Schreier
Nature of Suit: Civil Rights: Voting
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2018 Opinion or Order Filing 40 ORDER denying #35 Motion to Stay. Signed by U.S. District Judge Roberto A. Lange on 10/26/2018. (KLE)
October 18, 2018 Opinion or Order Filing 39 ORDER granting #34 Motion to Extend Deadline for Defendant's Brief to October 19,2018. Signed by U.S. District Judge Roberto A. Lange on 10/18/18. (Lange, Roberto)
October 15, 2018 Filing 38 AFFIDAVIT of Ann F. Mines Bailey re #20 MOTION to DISMISS . (Attachments: #1 Exhibit G - Transcript of Motion Hearing CIV 18-147, #2 Exhibit H - Memorandum in Support of Application for Writ of Prohibition, #3 Exhibit I - Pretrial Brief, #4 Exhibit J - Motion for Intervention, #5 Exhibit K - Order Dismissing Appeal) (Mines-Bailey, Ann)
October 15, 2018 Filing 37 REPLY to Motion Response re #20 MOTION to DISMISS filed by Shantel Krebs. (Mines-Bailey, Ann)
October 12, 2018 Filing 36 MEMORANDUM in Support re #35 MOTION to Stay filed by Shantel Krebs. (Jasper, Kirsten)
October 12, 2018 Filing 35 MOTION to Stay by Shantel Krebs. (Jasper, Kirsten)
October 5, 2018 Filing 34 MOTION to Extend Deadlines to File Reply Brief by Shantel Krebs. (Mines-Bailey, Ann)
October 1, 2018 Filing 33 OPINION AND ORDER denying #7 Motion for Preliminary Injunction; granting #31 Motion to Intervene. Signed by U.S. District Judge Roberto A. Lange on 10/1/18. (DJP)
September 27, 2018 Filing 32 Motion Hearing held on 9/27/2018 re #7 MOTION for Preliminary Injunction filed by G. Matt Johnson, Lora Hubbel, #20 MOTION to DISMISS filed by Shantel Krebs, #31 MOTION to Intervene and Joinder of Defendant's Motion to Dismiss filed by Terry Lee LaFleur before U.S. District Judge Roberto A. Lange.. (Court Reporter: Jill Connelly) (DJP)
September 27, 2018 Filing 31 MOTION to Intervene and Joinder of Defendant's Motion to Dismiss by Terry Lee LaFleur. (Attachments: #1 Ex A - 2/2/17 Hubbel Memo to Constitution Party Board Members, #2 Ex B (Unreadable document received 7/13/18 by SD Sec of State (best scan), #3 Ex F - Campaign Finance Reporting Systems, #4 Ex G - By-Laws of Constitution Party for 2016-2020, #5 Ex H - 7/30/18 ltr to Lori Stacey, #6 Ex G2 - 8/6/18 ltr from Gunn to Constitution Party, #7 Ex 3 - 7/21/18 memo from Bergan tendering resignation, #8 Ex 4 - Internet Page, #9 Ex K - 7/27/18 ltr from Krebs to Lederman with additional documents) (DJP)
September 25, 2018 Filing 30 RESPONSE to Motion re #20 MOTION to DISMISS filed by Lora Hubbel. (Attachments: #1 Attachment Date correction) (Hubbel, Lora)
September 25, 2018 NOTICE of Filing Error: #27 Response to Motion was filed in error and should be disregarded. (Hubbel, Lora)
September 25, 2018 Filing 29 AMENDED COMPLAINT filed by Lora Hubbel. (Attachments: #1 Exhibit A - Timeline, #2 Exhibit B - Lederman Service, #3 Exhibit C -July 21 Minutes) (Hubbel, Lora) Modified text on 9/25/2018 (SST).
September 25, 2018 Filing 28 RETURN OF SERVICE upon Defendant Shantel Krebs and Attorney General Marty Jackley. (JLS)
September 25, 2018 Filing 27 FILED IN ERROR; RESPONSE to Motion re #20 MOTION to DISMISS filed by Lora Hubbel. (Attachments: #1 Attachment date correction) (Hubbel, Lora) Modified on 9/25/2018 (SST).
September 24, 2018 Opinion or Order Filing 26 SCHEDULING ORDER: Motion Hearing set for 9/27/2018 at 10:00 AM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Roberto A. Lange Signed by U.S. District Judge Roberto A. Lange on 09/24/2018. (LH)
September 21, 2018 Filing 25 AFFIDAVIT of Ann F. Mines Bailey re #23 Memorandum in Support of Motion, #20 MOTION to DISMISS . (Attachments: #1 Exhibit A - Case Information, #2 Exhibit B - Application for Writ of Prohibition, #3 Exhibit C - Alternative Writ of Prohibition, #4 Exhibit D - Judgment Granting Peremptory Writ of Prohibition, #5 Exhibit E - Amended Judgment Granting Peremptory Writ of Prohibition, #6 Exhibit F - Notice of Appeal) (Mines-Bailey, Ann)
September 21, 2018 Filing 24 AFFIDAVIT of Shantel Krebs re #23 Memorandum in Support of Motion, #20 MOTION to DISMISS . (Mines-Bailey, Ann)
September 21, 2018 Filing 23 MEMORANDUM in Support re #20 MOTION to DISMISS filed by Shantel Krebs. (Mines-Bailey, Ann)
September 21, 2018 Filing 22 AFFIDAVIT in Support re #21 MOTION for SUMMARY JUDGMENT filed by Lora Hubbel, G. Matt Johnson. (JLS)
September 21, 2018 Filing 21 MOTION for SUMMARY JUDGMENT by Lora Hubbel, G. Matt Johnson. (Attachments: #1 Certified Mail Receipt) (JLS)
September 21, 2018 Filing 20 MOTION to DISMISS by Shantel Krebs. (Mines-Bailey, Ann)
September 21, 2018 Filing 19 NOTICE of Appearance by Ann F. Mines-Bailey on behalf of Shantel Krebs. (Mines-Bailey, Ann)
September 21, 2018 Filing 18 NOTICE of Appearance by Kirsten E. Jasper on behalf of Shantel Krebs. (Jasper, Kirsten)
September 13, 2018 Filing 17 RETURN OF SERVICE as to Attorney General, Marty Jackley. (Attachments: #1 Certified Mail Receipt, #2 Stamped Envelope)(JLS)
September 13, 2018 Filing 16 Summons Issued as to Marty Jackley. one original summons, one A085, and one Rule 73 memo handed to Plaintiffs(DJP)
September 13, 2018 Filing 15 AMENDED COMPLAINT filed by G. Matt Johnson, Lora Hubbel. (Attachments: #1 Ex A - Timeline sent to Krebs July 20, #2 Ex B - Judgment Granting Peremptory Writ of Prohibition in Circuit Court, #3 Ex C - June 21 Board meeting minutes with proof Krebs received them) (DJP)
September 12, 2018 Opinion or Order Filing 14 ORDER Regarding Service and Answer/Response. Signed by U.S. District Judge Roberto A. Lange on 9/12/18. (JLS)
September 11, 2018 Opinion or Order Filing 13 ORDER granting #9 Motion to Electronically File Documents in CM/ECF. The Clerks Office shall arrange to train the pro se filer on how to e-file documents and issue the pro se filer a CM/ECF login and password after the training is completed. The ability of the pro se filer to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Roberto A. Lange on 9/11/18. (Lange, Roberto)
September 5, 2018 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Judge Lawrence L. Piersol no longer assigned to case. Signed by Chief Judge Jeffrey L. Viken on 9/5/18. (SB)
September 5, 2018 Opinion or Order Filing 11 ORDER OF RECUSAL. U.S. District Judge Lawrence L. Piersol recused. Signed by U.S. District Judge Lawrence L. Piersol on 9/5/18. (DJP)
September 4, 2018 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Lawrence L. Piersol for all further proceedings. U.S. District Judge Karen E. Schreier no longer assigned to case. Signed by U.S. District Judge Karen E. Schreier on 9/4/18. (SLW)
August 31, 2018 Filing 9 MOTION to Electronically File Documents. Pro se party Lora Hubbel will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (SLW)
August 31, 2018 Filing 8 MEMORANDUM in Support re #7 MOTION for Preliminary Injunction. (SLW) Modified text on 9/4/2018 (SLW).
August 31, 2018 Filing 7 MOTION to prevent the printing of ballots until this case is heard by Lora Hubbel, G. Matt Johnson. (SLW)
August 30, 2018 Filing 6 RETURN OF SERVICE Executed upon Defendant Shantel Krebs (JLS)
August 29, 2018 Filing 5 New Case LETTER with enclosed copy of the docket sheet sent by Clerk's Office to G. Matt Johnson and Lora Hubbel. (JLS)
August 29, 2018 Filing 4 Summons Issued as to Shantel Krebs. 1 original summons, 3 A085s, one Rule 73 memo, and Rule 4 delivered to plaintiffs via hand-delivery. (JLS)
August 29, 2018 Filing 3 Filing Fee Received from G. Matt Johnson. Fee Amount: $200, Receipt No.: #SDX400047857. Filing Fee Received from Lora Hubbel. Fee Amount: $200, Receipt No.: #SDX400047858. (JLS)
August 29, 2018 Filing 2 CIVIL COVER SHEET. (JLS)
August 29, 2018 Filing 1 COMPLAINT filed by G. Matt Johnson, Lora Hubbel. (JLS)

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Plaintiff: G. Matt Johnson
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Plaintiff: Lora Hubbel
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Defendant: Shantel Krebs
Represented By: Kirsten E. Jasper
Represented By: Ann F. Mines-Bailey
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Intervenor plaintiff: Dr. Terry Lee LaFleur
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