Case: Daien v. Ysursa

1:09-cv-00022 | U.S. District Court for the District of Idaho

Filed Date: Jan. 21, 2009

Closed Date: Jan. 23, 2012

Clearinghouse coding complete

Case Summary

On January 21, 2009, Plaintiff, a private individual, filed suit against the Secretary of State of Idaho. Plaintiff sued Defendant pursuant to 42 U.S.C. § 1983 for violation of the First and Fourteenth Amendments to the United States Constitution. This case was assigned to Magistrate Judge Ronald E. Bush. Represented by private counsel, Plaintiff sought a declaratory judgment ruling that Idaho’s statutory scheme prohibiting out-of-state citizens from circulating ballot petitions to collect sign…

Represented by private counsel, Plaintiff sought a declaratory judgment ruling that Idaho’s statutory scheme prohibiting out-of-state citizens from circulating ballot petitions to collect signatures within the State of Idaho for independent election candidates violates the First and Fourteenth Amendments of the United States Constitution. Additionally, Plaintiff sought relief from an Idaho State law requiring independent presidential candidates to meet a petition signature threshold that was not imposed on other party candidates in presidential elections or candidates in other elections. Specifically, Idaho state law prohibits individuals from circulating petitions for an independent presidential candidate unless they are a resident of the state of Idaho at the time of circulation. Any person who violates this state law is subject to criminal penalties, including up to two years in state prison. Additionally, Idaho state law prohibits independent candidates from ballot placement unless that independent candidate submits petitions signed by 1% of the state electors from the previous presidential campaign. Comparatively, party candidates do not require petitions to be placed on the primary ballot, and need only to have national recognition or payment of a $1,000 filing fee.

Plaintiff, a non-resident of Idaho, who wished to distribute petitions on behalf of an independent presidential candidate in Idaho, challenged Idaho’s state law as unconstitutionally criminalizing core political speech by threatening persons with felony prosecution for anyone who circulates petitions on behalf of an independent presidential candidate. Additionally, Plaintiff challenged Idaho’s independent candidate signature requirement as an unnecessary means of ballot control where other effective means of control already existed.

On September 8, 2009, Plaintiff and Defendant each moved for summary judgment. Plaintiff argued that whether Idaho’s statutory scheme concerning the residency requirement for ballot access for petition circulators was unconstitutional and whether the 1% signature requirement for independent presidential candidates were each purely an issue of law, and were therefore properly submitted for summary judgment. Defendant moved for summary judgment, arguing that Plaintiff had no standing to bring his suit, and that Idaho’s statutory scheme is narrowly tailored to serve the State’s compelling interests of petition regulation and prevention of election fraud. Additionally, Defendant argued that the State’s 1% signature requirement advances the State’s important regulatory interest in avoiding unduly lengthy and confusing ballots, including by omitting candidates without a requisite modicum of support.

On May 5, 2010, the Court issued an (Amended) Memorandum Decision and Order granting Plaintiff’s motion for summary judgment and denying Defendant’s motion for summary judgment. 711 F.Supp.2d 1215.

On Defendant’s standing argument, the Court ruled that Plaintiff had the requisite standing, and reasoned “it is sufficient for standing purposes that the plaintiff intends to engage in a course of conduct arguably affected with a constitutional interest and that there is a credible threat that the challenged provision will be invoked against the plaintiff.”

Additionally, with respect to Idaho’s residency requirement for petition circulators, the Court held that Idaho’s law was unconstitutional because it created a severe burden on both the independent presidential candidate as well as his out-of-state supporters’ speech, associational and voting rights, and was not narrowly tailored to meet Idaho’s compelling interest in preventing voter fraud.

Finally, the Court granted Plaintiff’s requested relief from Idaho’s state law requiring independent candidates to meet a threshold petition signature requirement before placement on the ballot. The Court held that Defendant provided no rational basis for protection of Idaho’s election process where the State’s statutory scheme disparately required independent presidential candidates to collect petitions equating to 1% of voters in the previous presidential election, whereas independent candidates for other elections were only required to collect 1,000 signatures.

Therefore, the Court struck down Idaho’s laws concerning residency requirements for petition circulators and the 1% signature requirement for independent presidential candidates as unconstitutional. This case is now closed.

Summary Authors

Timothy Harvey (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4849179/parties/daien-v-ysursa/

Judge(s)

Bush, Ronald (Idaho)

Attorney for Plaintiff

Barnes, Robert E (Idaho)

Attorney for Defendant

Gilmore, Michael S (Idaho)

Jones, Karin D (Idaho)

Kane, Brian P (Idaho)

Judge(s)

Bush, Ronald (Idaho)

Attorney for Plaintiff

Barnes, Robert E (Idaho)

Treuden, Daniel J (Idaho)

Troupis, Christ T (Idaho)

Attorney for Defendant

Gilmore, Michael S (Idaho)

Jones, Karin D (Idaho)

Kane, Brian P (Idaho)

Smith, Clay R (Idaho)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:09-cv-00022	Complaint Daien V. Ysursa	Jan. 21, 2009	Jan. 21, 2009 Complaint
28 1:09-cv-00022	Defendant's Motion for Summary Judgment Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-1 1:09-cv-00022	Statement of Material Facts That Defendant Contends are not in Dispute Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-2 1:09-cv-00022	Memorandum in Support of Defendant's Motion for Summary Judgment Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-3 1:09-cv-00022	Affidavit of Counsel Michael S. Gilmore Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-4 1:09-cv-00022	Exhibits to Affidavit of Counsel Michael S. Gilmore	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-5 1:09-cv-00022	Affidavit of Defendant, the Hon. Ben Ysursa, Secretary of State of Idaho	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
28-6 1:09-cv-00022	Exhibits to Defendant's Affidavit	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
29 1:09-cv-00022	Plaintiff's Motion for Summary Judgment Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief
29-1 1:09-cv-00022	Plaintiff's Memorandum of Points and Authorities in Support of Contemporaneous Motion for Summary Judgment Daien V. Ysursa	Sept. 8, 2009	Sept. 8, 2009 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4849179/daien-v-ysursa/

Last updated April 15, 2026, 5:26 a.m.

ECF Number	Date	Description	Link
1	Jan. 21, 2009	COMPLAINT against Ben Ysursa, filed by Donald N Daien. (Attachments: # 1 Cover Sheet)(jm) 1 Cover Sheet View on RECAP	RECAP
2	Jan. 21, 2009	APPLICATION FOR PRO HAC VICE APPEARANCE by Plaintiff Donald N Daien. Responses due by 2/17/2009 (jm)	RECAP
3	Jan. 21, 2009	MOTION to Waive the Local Counsel Requirements of Local Rule 83.4(e) and for Approval to use the ECF Login and Password Obtained in Previous Case by Plaintiff Donald N Daien. Responses due by 2/17/2009 (jm)	RECAP
	Jan. 21, 2009	Summons Issued as to Ben Ysursa. (jm)
	Jan. 21, 2009	RECEIPT: check Fee Received $ 350, receipt # 9397 (jm)
	Jan. 21, 2009	RECEIPT for Application for Pro Hac Vice Appearance: check Fee Received $ 200, receipt # 9397 (jm)
4	Feb. 9, 2009	ORDER granting in part and denying in part 3 Motion to Waive the Local Counsel Requirements of Local Rule 83.4(a) and for Approval to Use the ECF Login and Password Obtained in Previous Case; denying without prejudice 2 Motion for Pro Hac Vice Appearance. Plaintiff's counsel has 30 days in which to file an appropriate Pro Hac Vice Admission application, or show cause why the case should not be dismissed. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) (Entered: 02/10/2009)	RECAP
5	Feb. 13, 2009	WAIVER OF SERVICE Returned Executed by Donald N Daien. Ben Ysursa waiver sent on 1/30/2009, answer due 3/31/2009. (jlg) (Entered: 02/18/2009)	RECAP
6	Feb. 24, 2009	MOTION FOR PRO HAC VICE APPEARANCE of Robert E. Barnes for Donald N Daien. Christ T Troupis appearing for Plaintiff Donald N Daien.(jlg)	RECAP
7	Feb. 24, 2009	DOCKET ENTRY ORDER approving 6 Motion for Pro Hac Vice Appearance of attorney Robert E Barnes for Donald N Daien. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
8	March 9, 2009	NOTICE of Hearing: Telephonic Scheduling Conference set for 4/7/2009 10:30 AM in Boise, ID before Judge Ronald E Bush. Plaintiff shall initiate Conference Call. (Attachments: # 1 Lit Plan Materials)(lc)	RECAP
9	March 13, 2009	CERTIFICATE OF SERVICE by Donald N Daien (Barnes, Robert)	RECAP
10	March 18, 2009	NOTICE of Appearance by Michael S Gilmore on behalf of Ben Ysursa (Gilmore, Michael)	RECAP
11	March 23, 2009	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Donald N Daien, Ben Ysursa re 10 Notice of Appearance. Consent/Objection to Magistrate due by 5/26/2009. (jlg)	RECAP
12	March 31, 2009	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Donald N Daien. (Barnes, Robert)	RECAP
13	March 31, 2009	ANSWER to 1 Complaint by Ben Ysursa.(Jones, Karin)	RECAP
14	April 3, 2009	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Donald N Daien, Ben Ysursa re 13 Answer to Complaint. Consent/Objection to Magistrate due by 6/5/2009. (jlg)	RECAP
	April 6, 2009	Set/Reset Hearings: Telephonic Scheduling Conference set for 4/7/2009 10:30 AM in Boise Chambers before Judge Ronald E Bush. (lc)
15	April 7, 2009	Minute Entry for proceedings held before Judge Ronald E Bush: Scheduling Conference held on 4/7/2009. (Court Reporter/ESR vicki jones.) (lc) (Entered: 04/08/2009)	RECAP
16	April 9, 2009	CONSENT filed. (jlg) (Entered: 04/10/2009)	RECAP
17	April 14, 2009	CASE MANAGEMENT ORDER Amended Pleadings due by 5/29/2009. Joinder of Parties due by 5/29/2009. Factual Discovery due by 8/7/2009. Dispositive Motions due by 9/8/2009. This matter is referred to Chief Magistrate Judge Candy W. Dale for the purpose of conducting a settlement conference by 8/14/2009. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
18	April 14, 2009	AMENDED CASE MANAGEMENT ORDER (Amended to fix clerical error in case caption. Deadlines remain unchanged.) Amended Pleadings due by 5/29/2009. Joinder of Parties due by 5/29/2009. Factual Discovery due by 8/7/2009. Dispositive Motions due by 9/8/2009. This matter is referred to Chief Magistrate Judge Candy W. Dale for the purpose of conducting a settlement conference by 8/14/2009 Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
	May 4, 2009	NOTICE TO ALL PARTIES- All parties are requested to respond within the time frame set forth in 14 Notice of Assignment Setting Deadline, 11 Notice of Assignment Setting Deadline pursuant to General Order #216. If you have already consented to assignment of this case to a U.S. Magistrate Judge, please disregard this notice. No Judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a Magistrate Judge. Unless consents from all parties are received within the designated time frame, the case may be randomly re-assigned/remain with a U.S. District Judge without further notice. Sent to all counsel. (jlg)
19	May 14, 2009	ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(jlg) (Entered: 05/19/2009)	RECAP
20	July 21, 2009	MOTION to Amend/Correct 18 Scheduling Order,, dated April 14, 2009, MOTION to Continue Settlement Conference ( Responses due by 8/14/2009)Robert E Barnes appearing for Plaintiff Donald N Daien. (Attachments: # 1 Certificate of Service)(Barnes, Robert)	RECAP
21	July 24, 2009	SETTLEMENT CONFERENCE ORDER Settlement Conference set for 8/4/2009 09:30 AM in Boise, ID before Judge Candy W Dale. Settlement Conference Questionnaire due 7/29/2009. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
22	July 27, 2009	MOTION for Leave to Appear By Telephone at the Settlement Conference; Alternatively, to Allow Donald Daien to Appear by Telephone Robert E Barnes appearing for Plaintiff Donald N Daien. Responses due by 8/20/2009 (Attachments: # 1 Certificate of Service)(Barnes, Robert)	RECAP
23	July 27, 2009	MOTION FOR PRO HAC VICE APPEARANCE for Donald N Daien ( Filing fee $ 200 receipt number 09760000000000501495.)Christ T Troupis, Daniel J Treuden appearing for Plaintiffs Donald N Daien, Donald N Daien. Responses due by 8/20/2009 (Troupis, Christ)	RECAP
24	July 28, 2009	ORDER granting 20 Motion to Amend the Case Management Order. The Case Management Order is amended to require the settlement conference shall occur prior to trial but no later than January 31, 2010. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
25	July 28, 2009	MOTION to Continue the Settlement Conference Currently Scheduled for August 4th, 2009 Robert E Barnes appearing for Plaintiff Donald N Daien. Responses due by 8/21/2009 (Attachments: # 1 Certificate of Service)(Barnes, Robert)	RECAP
	July 28, 2009	DOCKET ENTRY ORDER approving 23 Motion for Pro Hac Vice Appearance of attorney Daniel J Treuden for Donald N Daien. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
26	July 29, 2009	DECLARATION of Donald N. Daien re 22 MOTION for Leave to Appear By Telephone at the Settlement Conference; Alternatively, to Allow Donald Daien to Appear by Telephone filed by Donald N Daien. (Attachments: # 1 Certificate of Service)(Barnes, Robert)	RECAP
27	July 30, 2009	ORDER deeming as moot 22 Motion for Leave to Appear at the Settlement Conference by Telephone; granting 25 Motion to Continue the Settlement Conference. The Settlement Conference scheduled for 8/4/2009 is vacated. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)	RECAP
28	Sept. 8, 2009	MOTION for Summary Judgment Karin D Jones appearing for Defendant Ben Ysursa. Responses due by 10/2/2009 (Attachments: # 1 STATEMENT OF FACTS, # 2 Memorandum in Support, # 3 Affidavit Affidavit of Counsel Michael S. Gilmore, # 4 Exhibit Exhibits to Affidavit of Counsel Michael S. Gilmore, # 5 Affidavit Affidavit of Defendant Ysursa, # 6 Exhibit Exhibits to Defendant Ysursa Affidavit)(Jones, Karin) 1 STATEMENT OF FACTS View on RECAP 2 Memorandum in Support View on RECAP 3 Affidavit Affidavit of Counsel Michael S. Gilmore View on RECAP 4 Exhibit Exhibits to Affidavit of Counsel Michael S. Gilmore View on RECAP 5 Affidavit Affidavit of Defendant Ysursa View on RECAP 6 Exhibit Exhibits to Defendant Ysursa Affidavit View on RECAP	RECAP
29	Sept. 8, 2009	MOTION for Summary Judgment Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 10/2/2009 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration of Donald N. Daien, # 4 Declaration of Daniel J. Treuden, # 5 Exhibit A, # 6 Statutory Appendix, # 7 Certificate of Service)(Treuden, Daniel) 1 Memorandum in Support View on RECAP 2 Statement of Material Facts View on RECAP 3 Declaration of Donald N. Daien View on RECAP 4 Declaration of Daniel J. Treuden View on RECAP 5 Exhibit A View on RECAP 6 Statutory Appendix View on RECAP 7 Certificate of Service View on RECAP	RECAP
30	Oct. 2, 2009	MEMORANDUM in Opposition re 29 MOTION for Summary Judgment filed by Ben Ysursa. Replies due by 10/22/2009.(Jones, Karin)	RECAP
31	Oct. 2, 2009	MOTION for Leave to File Excess Pages Unopposed Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 10/26/2009 (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP
32	Oct. 2, 2009	MEMORANDUM in Opposition re 28 MOTION for Summary Judgment filed by Donald N Daien. Replies due by 10/22/2009. (Attachments: # 1 Certificate of Service)(Treuden, Daniel) 1 Certificate of Service View on RECAP	RECAP
33	Oct. 8, 2009	DOCKET ENTRY ORDER granting Plaintiff's unopposed 31 Motion for Leave to File Excess Pages. Accordingly, the Court hereby grants to Plaintiff leave to file a 25-page brief in opposition to summary judgment. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)	RECAP
34	Oct. 22, 2009	REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Donald N Daien. (Attachments: # 1 Certificate of Service)(Treuden, Daniel) 1 Certificate of Service View on RECAP	RECAP
35	Oct. 22, 2009	REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Ben Ysursa.(Jones, Karin)	RECAP
36	Nov. 3, 2009	DOCKET TEXT NOTICE of Hearing on Motions 28 MOTION for Summary Judgment, and 29 MOTION for Summary Judgment : Motion Hearing set for 12/14/2009 03:00 PM(Mtn. Time)in Boise, ID, Federal Buidling, 550 W. Fort Street, 5th Floor, Courtroom #7, before Judge Ronald E Bush. (lc)	RECAP
	Nov. 3, 2009	Set/Reset Deadlines as to 28 MOTION for Summary Judgment. Motion Hearing set for 12/14/2009 03:00 PM in Boise, ID before Judge Ronald E Bush. (dks)
37	Dec. 1, 2009	DOCKET TEXT AMENDED NOTICE of Hearing on Motion 28 MOTION for Summary Judgment, 29 MOTION for Summary Judgment : Due to the Court's schedule, this matter is re-set. The Motion Hearing is now set for 1/7/2010 02:00 PM (Mountain Time) Boise, ID, 5th Floor, Courtroom #7, before Judge Ronald E Bush. (lc)	RECAP
38	Jan. 7, 2010	DOCKET TEXT Minute Entry for proceedings held before Judge Ronald E Bush: Daniel Treuden and Chris Troupis appeared for the Plaintiff; Michael Gilmore and Brian Kane for the Defendant; Motion Hearing held on 1/7/2010 re 29 MOTION for Summary Judgment filed by Donald N Daien, 28 MOTION for Summary Judgment filed by Ben Ysursa. The Court heard oral arguments from both parties. The Court will issue a written decision. (Court Reporter/ESR SO'Larey.) (td)	RECAP
39	April 19, 2010	ORDER denying 28 Motion for Summary Judgment; granting 29 Motion for Summary Judgment. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)	RECAP
40	April 27, 2010	MOTION for Extension of Time to File Taxable Costs and a Motion for Attorneys' Fees and Costs Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 5/21/2010 (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP
41	May 5, 2010	MEMORANDUM DECISION AND ORDER (AMENDED) re: granting 29 MOTION for Summary Judgment filed by Donald N Daien, denying 28 MOTION for Summary Judgment filed by Ben Ysursa. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)	RECAP
42	May 5, 2010	JUDGMENT. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)	RECAP
43	May 10, 2010	ORDER granting 40 Motion for Extension of Time to File. Plaintiff shall have until 6/18/2010 to submit all taxable costs and file a motion for attorneys fees and costs. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)	RECAP
44	June 18, 2010	BILL OF COSTS by Donald N Daien. Taxation of Costs due by 7/19/2010 (Attachments: # 1 Supplement Filing fee receipt)(Treuden, Daniel)	RECAP
45	June 18, 2010	MOTION for Attorney Fees Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 7/12/2010 (Attachments: # 1 Memorandum in Support of Motion for Award of Attorneys Fees, # 2 Declaration of Robert E. Barnes, # 3 Declaration of Robert G. Bernhoft, # 4 Declaration of Daniel J. Treuden, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H-1, # 12 Exhibit H-2, # 13 Exhibit H-3, # 14 Exhibit H-4, # 15 Exhibit H-5, # 16 Exhibit H-6, # 17 Exhibit H-7, # 18 Exhibit H-8, # 19 Declaration of Richard A. DeVries, # 20 Affidavit of Christ T. Troupis, # 21 Exhibit A, # 22 Affidavit of Alan B. Ellis, # 23 Certificate of Service)(Treuden, Daniel)	RECAP
46	July 12, 2010	MEMORANDUM in Opposition re 45 MOTION for Attorney Fees filed by Ben Ysursa. Replies due by 7/29/2010. (Attachments: # 1 Declaration of Robert Huntley, # 2 Affidavit of Karin Jones)(Jones, Karin)	RECAP
47	July 29, 2010	REPLY to Response to Motion re 45 MOTION for Attorney Fees filed by Donald N Daien. (Attachments: # 1 Second Declaration of Daniel J. Treuden, # 2 Exhibit A, # 3 Certificate of Service)(Treuden, Daniel)	RECAP
48	March 30, 2011	ORDER re: ATTORNEYS' FEES granting 45 Motion for Attorney Fees. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)	RECAP
49	April 11, 2011	MOTION for Extension of Time to File Motion for Attorneys' Fee and Costs Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 5/5/2011 (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP
50	April 12, 2011	DOCKET ENTRY ORDER granting 49 Plaintiff's Motion for Extension of Time. Defendant has no objection to the requested extension. Accordingly, the deadline set forth in the Courts recent Order (Dkt. 48) for Plaintiff Daien to file a supplemental motion for attorneys fees is hereby extended to May 11, 2011. Any response or reply briefs shall be filed in accordance with the deadlines set forth in District of Idaho Local Civil Rule 7.1.Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kb)	RECAP
51	May 9, 2011	Second MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs Daniel J Treuden appearing for Plaintiff Donald N Daien. Responses due by 6/3/2011 (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP
52	May 10, 2011	DOCKET ENTRY ORDER granting 51 Plaintiff's Motion for Extension of Time. Defendant has no objection to the requested extension. Accordingly, the deadline set forth in the Court's Docket Entry Order (Dkt. 50) for Plaintiff Daien to file a supplemental motion for attorneys fees is hereby extended to May 20, 2011. Any response or reply briefs shall be filed in accordance with the deadlines set forth in District of Idaho Local Civil Rule 7.1.Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)	RECAP
53	May 20, 2011	Supplemental MOTION for Attorney Fees Robert E Barnes appearing for Plaintiff Donald N Daien. Responses due by 6/13/2011 (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Declaration, # 6 Declaration, # 7 Certificate of Service)(Barnes, Robert)	RECAP
54	June 3, 2011	NOTICE of Substitution - Attorney Clay R Smith for Ben Ysursa added. Attorney Karin D Jones terminated. (Smith, Clay)	RECAP
55	June 3, 2011	MEMORANDUM in Opposition re 53 Supplemental MOTION for Attorney Fees filed by Ben Ysursa. Replies due by 6/20/2011. (Attachments: # 1 Excerpts from "Prebill" Statement)(Smith, Clay)	RECAP
56	June 20, 2011	REPLY to Response to Motion re 53 Supplemental MOTION for Attorney Fees filed by Donald N Daien. (Attachments: # 1 Certificate of Service)(Barnes, Robert)	RECAP
57	Aug. 19, 2011	SATISFACTION OF JUDGMENT by Donald N Daien re 48 Order on Motion for Attorney Fees Satisfaction of Judgment (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP
58	Nov. 21, 2011	ORDER re: SUPP. ATTORNEYS' FEES granting 53 Motion for Attorney Fees. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)	RECAP
59	Dec. 1, 2011	BILL OF COSTS. Taxation of Costs due by 1/3/2012 (krb) (Entered: 12/02/2011)	RECAP
60	Jan. 23, 2012	NOTICE by Donald N Daien re 58 Order on Motion for Attorney Fees, 59 Bill of Costs Satisfaction of Judgment and Bill of Costs (Attachments: # 1 Certificate of Service)(Treuden, Daniel)	RECAP