Case: United States v. Johnson

26-mj-00081 | U.S. District Court for the District of Minnesota

Filed Date: Jan. 26, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

On January 26, 2026, the United States filed this criminal complaint against an individual who was alleged to have assaulted or otherwise interfered with a Minneapolis-based Department of Homeland Security Officer in carrying out his duties. Months later, on March 10, 2026, eleven former U.S. military judge advocate officers (JAGs) filed an unopposed motion to file an amicus brief. The amici wrote of their concern "that deploying JAGs to prosecute civilians in federal court in cases without a substantial military nexus
erodes vital democratic norms, harms military readiness, and impermissibly inserts the military into civilian law enforcement’s core functions."

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72200628/parties/united-states-v-johnson/


Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Hakes-Rodriguez, Michael (Minnesota)

Attorney for Defendant

Riach, Kevin C (Minnesota)

Roe, Katherian D (Minnesota)

Expert/Monitor/Master/Other

Marti, John R (Minnesota)

Documents in the Clearinghouse

Documents in this case
1

26-mj-00081

Criminal Complaint

United States of America v. Johnson

Jan. 26, 2026

Jan. 26, 2026

Complaint
39

26-mj-00081

Unopposed Motion for Leave to File Brief of Amici Curiae Former U.S. Military Lawyers

United States of America v. Johnson

March 10, 2026

March 10, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72200628/united-states-v-johnson/

Last updated April 20, 2026, 3:12 a.m.

ECF Number Date Description Link
1 Jan. 26, 2026

COMPLAINT by USA Kristian Weir with affidavit of Richard Berger (HSI) as to Paul Ervin Johnson (1) by Magistrate Judge Dulce J. Foster (Attachments: # 1 Affidavit) (MS) (Main Document 1 replaced on 1/28/2026) (NAH). (Attachment 1 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

1 Affidavit

View on RECAP

Clearinghouse
2 Jan. 26, 2026

Bench Warrant Issued as to Paul Ervin Johnson by Magistrate Judge Dulce J. Foster. (MS)cc: USMS and USA (Main Document 2 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

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3 Jan. 26, 2026

MOTION to Seal by USA as to Paul Ervin Johnson. (MS) (Main Document 3 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

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4 Jan. 26, 2026

ORDER granting 3 Motion to Seal as to Paul Ervin Johnson (1).. Document to be unsealed on 3/27/2026 Signed by Magistrate Judge Dulce J. Foster on 1/26/2026. (MS) (Main Document 4 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

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6 Jan. 28, 2026

Minute Entry for proceedings held before Magistrate Judge Dulce J. Foster: Initial Appearance as to Paul Ervin Johnson held on 1/28/2026. Counsel to be appointed. Personal Recognizance Bond set with conditions, see Order Setting Conditions of Release. Next appearance date is TBD for: Preliminary hrg. Government moves to unseal the case - Granted. Consular notice read on the record. (Digital Recording) (MS) (Entered: 01/28/2026)

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7 Jan. 28, 2026

Brady Obligation Order as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026.(MS) (Entered: 01/28/2026)

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8 Jan. 28, 2026

ORDER Setting Conditions of Release as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026. (MS) (Entered: 01/28/2026)

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9 Jan. 28, 2026

Personal Recognizance Bond Entered as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026. (MS) (Entered: 01/28/2026)

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10 Jan. 30, 2026

ORDER FOR APPOINTMENT OF COUNSEL as to Paul Ervin Johnson. IT IS HEREBY ORDERED that Kevin Riach, Attorney ID 389277, is appointedas counsel pursuant to 18 U.S.C. § 3006A. Signed by Magistrate Judge Jon T. Huseby on 1/30/2026. (LEG) (Entered: 01/30/2026)

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11 Jan. 31, 2026

NOTICE OF ATTORNEY APPEARANCE for Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

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12 Jan. 31, 2026

Speedy Trial Demand by Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

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13 Jan. 31, 2026

MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing by Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

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14 Feb. 2, 2026

ORDER OF RECUSAL in case as to Paul Ervin Johnson Judge Magistrate Judge Dulce J. Foster recused. Case reassigned to Judge Magistrate Judge Shannon G. Elkins for all further proceedings. Signed by Magistrate Judge Dulce J. Foster on 2/2/2026. (MKB) (Entered: 02/02/2026)

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15 Feb. 2, 2026

MOTION for Discovery and Inspection by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/02/2026)

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16 Feb. 3, 2026

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Katherine M. Menendez and Magistrate Judge Shannon G. Elkins. NOTE: the new case number is 26-mj-81 KMM/SGE. Please use this case number for all subsequent pleadings. (LJG) (Entered: 02/03/2026)

RECAP
17 Feb. 3, 2026

(Text-Only) NOTICE as to Paul Ervin Johnson: Preliminary Examination set for 2/17/2026 at 03:15 PM in Courtroom 6A (STP) before Magistrate Judge John F. Docherty. (NAH) (Entered: 02/03/2026)

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Feb. 3, 2026

Order/Notice of Hearing/Deadlines (Setting/Resetting)

Feb. 4, 2026

*** Terminate Deadlines as to Paul Ervin Johnson. (LEG)

18 Feb. 5, 2026

(Text-Only) ORDER/NOTICE as to Paul Ervin Johnson. The Preliminary Examination is reset for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. The hearing before Judge Docherty is stricken. The Court will hold a Motion Hearing on Dkt. 13 on 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Ordered by Magistrate Judge Shannon G. Elkins on 2/5/2026. (HAM) (Entered: 02/05/2026)

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19 Feb. 5, 2026

NOTICE OF ATTORNEY SUBSTITUTION for USA. (Hakes-Rodriguez, Michael) (Entered: 02/05/2026)

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Feb. 5, 2026

Order Continuing Hearing and Deadlines AND Order/Notice of Hearing/Deadlines (Setting/Resetting)

20 Feb. 11, 2026

MISDEMEANOR INFORMATION by USA Michael Hakes-Rodriguez as to Paul Ervin Johnson (1) count 1 assigned to Judge Katherine M. Menendez and Magistrate Judge Shannon G. Elkins. (MKB) (Entered: 02/12/2026)

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21 Feb. 11, 2026

Defendant Information Sheet as to Paul Ervin Johnson [Court-Only Document(s)]. (Attachments: # 1 Cover Letter) (MKB) cc: Def Info Sheet to PPS. Modified text on 2/12/2026 (MKB). (Entered: 02/12/2026)

RECAP
22 Feb. 12, 2026

Summons Issued in case as to Paul Ervin Johnson. Arraignment and Initial Appearance set for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Initial Appearance set for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. (MKB) cc: AUSA, DC. Modified text on 2/12/2026 (MKB). (Entered: 02/12/2026)

RECAP
Feb. 12, 2026

*** Terminate Deadlines and Hearings as to Paul Ervin Johnson: Preliminary Examination on 2/17/26 per SGE chambers. (MKB)

23 Feb. 15, 2026

MOTION for Disclosure of Grand Jury Proceedings by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/15/2026)

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24 Feb. 16, 2026

MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/16/2026)

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25 Feb. 17, 2026

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Initial Appearance and Arraignment as to Paul Ervin Johnson (1) held on 2/17/26. Not Guilty Plea entered as to Count 1 of the Information. (Court Reporter Janell Gruber) (HAM) (Entered: 02/17/2026)

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26 Feb. 17, 2026

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Motion Hearing as to Paul Ervin Johnson held on 2/17/2026 re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 23 MOTION for Disclosure of Grand Jury Proceedings, 24 MOTION to Strike Appearance of Government's Counsel. Motions 13, 23, 24 require additional briefing and will be taken under advisement as of the latest briefing due date. See minutes for briefing deadlines. (Court Reporter Janell Gruber) (BH) (Entered: 02/17/2026)

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27 Feb. 18, 2026

PRETRIAL SCHEDULING AND CASE MANAGEMENT ORDER as to Paul Ervin Johnson. Government Disclosure due by 2/24/2026. Defendant Disclosure due by 3/3/2026. Motions due by 3/10/2026. Responses due by 3/24/2026. Notice of Intent to Call Witness due by 3/24/2026. Response to Notice of Intent to Call Witness due by 3/27/2026. Motion Hearing set for 4/3/2026 at 01:00 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Signed by Magistrate Judge Shannon G. Elkins on 2/18/2026. (Attachments: # 1 LR 12.1) (HAM) (Entered: 02/18/2026)

1 LR 12.1

View on PACER

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28 Feb. 24, 2026

MOTION for Protective Order by USA as to Paul Ervin Johnson. (Hakes-Rodriguez, Michael) (Entered: 02/24/2026)

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29 Feb. 25, 2026

MEMORANDUM in Opposition by Paul Ervin Johnson re 28 MOTION for Protective Order (Riach, Kevin) (Entered: 02/25/2026)

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30 Feb. 26, 2026

(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. The Government's post-hearing brief in response to Dkt. 13 was due Tuesday, 02/24/2026. (See Dkt. 26.) The Government did not file a brief. The Court orders the Government to immediately file its brief or a motion for an extension of time, no later than February 26, 2026 at 5:00 p.m. Ordered by Magistrate Judge Shannon G. Elkins on 2/26/2026. (BH) (Entered: 02/26/2026)

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31 Feb. 26, 2026

MOTION for Extension of Time to File Response/Reply as to 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing by USA as to Paul Ervin Johnson. (Hakes-Rodriguez, Michael) (Entered: 02/26/2026)

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32 Feb. 26, 2026

MEMORANDUM in Opposition by Paul Ervin Johnson re 31 MOTION for Extension of Time to File Response/Reply as to 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Riach, Kevin) (Entered: 02/26/2026)

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Feb. 26, 2026

Order for Party to File Document/Respond to Court

33 Feb. 27, 2026

(Text-Only) Order GRANTING IN PART the Government's Motion for Extension of Time to File Response Brief 31 . The Government shall file its response by 5:00 p.m. Monday, March 2, 2026. Defendant's reply is due on or before March 9, 2026. Ordered by Magistrate Judge Shannon G. Elkins on 2/27/2026. (HAM) (Entered: 02/27/2026)

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Feb. 27, 2026

Order on Motion for Extension of Time to File Response/Reply

34 March 2, 2026

RESPONSE to Motion by USA as to Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Hakes-Rodriguez, Michael) (Entered: 03/02/2026)

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35 March 3, 2026

RESPONSE to Motion by USA as to Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Hakes-Rodriguez, Michael) (Entered: 03/03/2026)

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36 March 3, 2026

RESPONSE to Motion by USA as to Paul Ervin Johnson re 23 MOTION for Disclosure of Grand Jury Proceedings (Hakes-Rodriguez, Michael) (Entered: 03/03/2026)

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37 March 5, 2026

Ex Parte Document re: Ex Parte Letter re: Motion for Disclosure, by USA as to Paul Ervin Johnson. (Weir, Kristian) (Main Document 37 replaced on 4/6/2026) (MMG). (Entered: 03/05/2026)

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38 March 9, 2026

REPLY TO RESPONSE to Motion by Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Riach, Kevin) (Entered: 03/09/2026)

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39 March 10, 2026

MOTION to File Amicus Brief by John R. Marti. by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Attachments: # 1 Amici Brief) (Marti, John) (Entered: 03/10/2026)

1 Amici Brief

View on RECAP

Clearinghouse
40 March 10, 2026

MOTION for Admission Pro Hac Vice for Attorney Beau C. Tremitiere. Filing fee $ 150, receipt number AMNDC-12772377 by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Marti, John) (Entered: 03/10/2026)

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41 March 10, 2026

MOTION for Admission Pro Hac Vice for Attorney Zachary T. West. Filing fee $ 150, receipt number AMNDC-12772407 by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Marti, John) (Entered: 03/10/2026)

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42 March 10, 2026

MOTION for Continuance of Pretrial Motion Filing Date by Paul Ervin Johnson. (Riach, Kevin) (Entered: 03/10/2026)

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43 March 10, 2026

REPLY TO RESPONSE to Motion by Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Riach, Kevin) (Entered: 03/10/2026)

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44 March 11, 2026

ORDER granting 39 Motion to File Amicus Brief as to Paul Ervin Johnson (1). Signed by Magistrate Judge Shannon G. Elkins on 3/11/2026. (BH) (Entered: 03/11/2026)

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45 March 11, 2026

(Text-Only) ORDER. The Court is in receipt of Defendant's Reply (Dkt. 43) to the Government's Response (Dkt. 35) to his Motion to Strike Appearance of Government's Counsel (Dkt. 24) and the Amicus Brief filed in support of Defendant's Motion to Strike Appearance of Government's Counsel (Dkt. 39-1). The Government may file a sur-reply only as to arguments on Defendant's Motion to Strike (Dkt. 24) on or before March 24, 2026. The Court will hear argument on this motion at the hearing scheduled for April 3, 2026. Ordered by Magistrate Judge Shannon G. Elkins on 3/11/2026. (BH) (Entered: 03/11/2026)

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March 11, 2026

Order/Notice of Hearing/Deadlines (Setting/Resetting)

46 March 12, 2026

ORDER granting 42 Motion for Continuance as to Paul Ervin Johnson (1). The motions hearing currently scheduled for April 3, 2026, will be held to address Motions 13, 23, 24 and 28.The pretrial motions filing deadline will be extended until two weeks following any ruling on the pending motions before the Court and an Amended Pretrial Scheduling Order will issue at that time. Signed by Magistrate Judge Shannon G. Elkins on 3/12/2026. (HAM) (Entered: 03/12/2026)

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47 March 13, 2026

(Text-Only) ORDER granting 40 Motion for Admission Pro Hac Vice of Attorney Beau Tremitiere for Former U.S. Military Lawyers as to Paul Ervin Johnson (1); and, granting 41 Motion for Admission Pro Hac Vice of Attorney Zachary Taylor West for Former U.S. Military Lawyers as to Paul Ervin Johnson (1). Approved by Magistrate Judge Shannon G. Elkins on 3/13/2026. (CNO) (Entered: 03/13/2026)

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March 13, 2026

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

48 March 17, 2026

ADMINISTRATIVE ORDER. Signed by Chief Judge Patrick J. Schiltz on 3/17/2026. (JME) (Entered: 03/17/2026)

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49 March 24, 2026

RESPONSE to Motion by USA as to Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Hakes-Rodriguez, Michael) (Entered: 03/24/2026)

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50 April 3, 2026

NOTICE OF ATTORNEY APPEARANCE for USA. (Endicott, Bradley) (Entered: 04/03/2026)

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51 April 3, 2026

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Motion Hearing as to Paul Ervin Johnson held on 4/3/2026 re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 23 MOTION for Disclosure of Grand Jury Proceedings, 24 MOTION to Strike Appearance of Government's Counsel, 28 MOTION for Protective Order . The Court granted in part and denied in part 13 Motion Expedited Discovery, Protective Order, and Evidentiary Hearing; granted 23 for Disclosure of Grand Jury Proceedings; and granted in part and denied in part 28 Motion for Protective Order. Separate orders will issue following the Court's ruling on 13 Motion Expedited Discovery, Protective Order, and Evidentiary Hearing and 28 Motion for Protective Order. The Court took 24 MOTION to Strike Appearance of Government's Counsel under advisement and will issue an order. (Court Reporter Janell Gruber) (BH) (Entered: 04/03/2026)

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52 April 6, 2026

NOTICE OF ATTORNEY SUBSTITUTION for USA. (Richards, William) (Entered: 04/06/2026)

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53 April 6, 2026

DOCUMENT FILED IN ERROR-WRONG CASE. Amended MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) Modified text on 4/6/2026 (MMG). (Entered: 04/06/2026)

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54 April 6, 2026

Amended MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) (Entered: 04/06/2026)

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55 April 8, 2026

ORDER following Court's oral order on 04/03/2026 as to Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 28 MOTION for Protective Order. Signed by Magistrate Judge Shannon G. Elkins on 4/8/2026. (BH) (Entered: 04/08/2026)

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56 April 8, 2026

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/08/2026)

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57 April 9, 2026

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript for a COPY OF TRANSCRIPT 51 Order on Motion for Protective Order,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion for Disclosure,,,,, Motion Hearing,,,, to Court Reporter Janell Gruber. (Concepcion, Albania) (Entered: 04/09/2026)

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58 April 15, 2026

TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/15/2026)

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59 April 16, 2026

TRANSCRIPT REQUEST from John Marti for an Expedited Daily Transcript (by 8am following day) of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/16/2026)

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Case Details

State / Territory:

Minnesota

Case Type(s):

Policing

Special Collection(s):

Operation Metro Surge

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Jan. 26, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of Minnesota 26-mj-00081

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation