Case: Eggers v. Evnen

U.S. Court of Appeals for the Eighth Circuit

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) (Entered: 05/16/2022)

MOTION for Preliminary Injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) (Entered: 05/16/2022)

BRIEF in support of Motion for Preliminary Injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) (Entered: 05/16/2022)

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) (Entered: 05/16/2022)

CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jane Seu on behalf of Plaintiffs NMM, Crista Eggers.(Seu, Jane) (Entered: 05/16/2022)

NOTICE of Appearance by Attorney James A. Campbell on behalf of Defendant Robert Evnen (Campbell, James) (Entered: 05/16/2022)

NOTICE of Appearance by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen (Huxoll, Jennifer) (Entered: 05/16/2022)

NOTICE of Acceptance of Service by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen (Huxoll, Jennifer) (Entered: 05/16/2022)

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) (Entered: 05/16/2022)

Assignment of Judges

BRIEF in opposition to MOTION for Preliminary Injunction 2 by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) (Entered: 05/31/2022)

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) (Entered: 05/31/2022)

MOTION to Certify Question to Nebraska Supreme Court by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen.(Huxoll, Jennifer) (Entered: 05/31/2022)

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) (Entered: 05/31/2022)

UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) (Entered: 06/01/2022)

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) (Entered: 06/01/2022)

Order on Motion for Extension of Time to File Responsive Pleading

REPLY BRIEF in support of motion for preliminary injunction by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) (Entered: 06/03/2022)

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) (Entered: 06/03/2022)

UNOPPOSED MOTION for Leave to Exceed Word Limit by Attorney Jane Seu on behalf of Plaintiffs Crista Eggers, NMM.(Seu, Jane) (Entered: 06/03/2022)

TEXT ORDER granting 18 Motion for Leave. Ordered by Judge John M. Gerrard. (DCD) (Entered: 06/03/2022)

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) (Entered: 06/03/2022)

Order on Motion for Leave

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) (Entered: 06/09/2022)

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) (Entered: 06/09/2022)

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 fr om 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)

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) (Entered: 06/14/2022)

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Preliminary Order 23 . Notice of Appeal filed on 6/14/2022. (MKR) (Entered: 06/14/2022)

MOTION to Stay Preliminary Injunction Pending Appeal by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) (Entered: 06/14/2022)

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) (Entered: 06/14/2022)

ORDER denying the defendant's 26 Motion to Stay. Ordered by Judge John M. Gerrard. (MKR) (Entered: 06/14/2022)

SCHEDULING LETTER from USCA - 8th Circuit as to Interlocutory Appeal ; (Attachments: # 1 Letter by Clerk from USCA-8th Circuit)(MKR) (Entered: 06/14/2022)

1 Letter by Clerk from USCA-8th Circuit

View on RECAP

Interlocutory Appeal

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)

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) (Entered: 06/15/2022)

Order on Application for Refund of Fees Paid Electronically

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) (Entered: 06/17/2022)

UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) (Entered: 06/22/2022)

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) (Entered: 06/23/2022)

Order on Motion for Extension of Time to File Responsive Pleading

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) (Entered: 07/06/2022)

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) (Entered: 07/11/2022)

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) (Entered: 07/11/2022)

Order on Motion to Stay AND Order on Motion for Extension of Time to File Responsive Pleading

MOTION to Amend Complaint by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) (Entered: 07/29/2022)

BRIEF in support of Motion to Amend Complaint by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, NMM.(Gutman, Daniel) (Entered: 07/29/2022)

COPY of Order from USCA - 8th Circuit (22-2268) Appellant's motion for extension of time to file the reply brief is granted. The reply brief of Robert B. Evnen is due August 5, 2022. (LRM) (Entered: 08/01/2022)

BRIEF in opposition to MOTION to Amend Complaint 37 by Attorney Jennifer A. Huxoll on behalf of Defendant Robert Evnen.(Huxoll, Jennifer) (Entered: 08/12/2022)

REPLY BRIEF in support of MOTION to Amend Complaint 37 by Attorney Jane Seu on behalf of Plaintiffs Crista Eggers, NMM.(Seu, Jane) (Entered: 08/19/2022)

ORDER granting the Plaintiff's 37 Motion for Leave to Amend Complaint. Plaintiffs shall file their proposed amended complaint on or before September 12, 2022. Ordered by Magistrate Judge Michael D. Nelson. (MKR)

AMENDED COMPLAINT against Defendant Robert Evnen, by Attorney Daniel J. Gutman on behalf of NMM, Crista Eggers(Gutman, Daniel) (Entered: 08/31/2022)

COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 22-2268, regarding Interlocutory Appeal 24 . For the forgoing reasons, we reverse the district court's judgment granting a preliminary injunction and remand for further proceedings consistent with this opinion. (Attachments: # 1 Letter by Clerk from USCA-8th Circuit, # 2 Letter to West Publishing)(MKR) (Entered: 08/31/2022)

JUDGMENT from USCA - 8th Circuit 22-2268 regarding Interlocutory Appeal 24 . This appeal from the United States District Court was submitted on the record of the district court and briefs of the parties. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (MKR) (Entered: 08/31/2022)

UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James A. Campbell on behalf of Defendant Robert Evnen.(Campbell, James) (Entered: 09/12/2022)

TEXT ORDER granting 46 Unopposed Motion for Extension of Time to File a Responsive Pleading. The deadline for Defendant to file an answer or other responsive pleading is extended to 14-days after the Eighth Circuit Court of Appeals issues its mandate in the pending appeal of the preliminary injunction order. Ordered by Magistrate Judge Michael D. Nelson. (SMN) Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 09/12/2022)

Order on Motion for Extension of Time to File Responsive Pleading

COPY of Order from USCA - 8th Circuit 22-2268. The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Grasz did not participate in the consideration or decision of this matter. (MKR) (Entered: 10/05/2022)

MANDATE from USCA - 8th Circuit 22-2268 regarding Interlocutory Appeal. In accordance with the opinion and judgment of August 31, 2022, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (MKR) (Entered: 10/12/2022)

TEXT ORDER: The defendant shall answer or otherwise respond to the amended complaint 43 on or before October 26, 2022. Ordered by Judge John M. Gerrard. (DCD) (Entered: 10/12/2022)

Order - Text Only

NOTICE of Case Dismissal by Attorney Daniel J. Gutman on behalf of Plaintiffs Crista Eggers, Terrell McKinney, NMM (Gutman, Daniel) (Entered: 10/13/2022)

Judgment