Case: Accountability Now USA v. Griess

COMPLAINT against DOUG BURGUM, KEVIN GRIESS (Fee Status:Filing Fee Waived) filed by ACCOUNTABILITY NOW USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Spitzer, Arthur) (Attachment 1 replaced on 4/23/2026) (zmtm). (Entered: 04/23/2026)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on RECAP

3 Summons

View on RECAP

4 Summons

View on RECAP

5 Summons

View on RECAP

SUMMONS (4) Issued Electronically as to DOUG BURGUM, KEVIN GRIESS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/23/2026)

1 Notice and Consent

View on PACER

NOTICE of Appearance by Aditi Shah on behalf of ACCOUNTABILITY NOW USA (Shah, Aditi) (Entered: 04/23/2026)

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/23/26. (lcrdm2) (Entered: 04/23/2026)

Payment of Fee - Complaint/Petition

Case Assigned/Reassigned

Payment for 1 Complaint. ($405; Receipt number ADCDC-12378009). (Spitzer, Arthur)

Case Assigned to Judge Randolph D. Moss. (zmtm)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2026. Answer due for ALL FEDERAL DEFENDANTS by 6/23/2026. (Attachments: # 1 Affidavit of Service)(Spitzer, Arthur) (Entered: 04/27/2026)

NOTICE of Appearance by Laura Follansbee on behalf of ACCOUNTABILITY NOW USA (Follansbee, Laura) (Entered: 04/27/2026)

NOTICE of Appearance by William Thanhauser on behalf of All Defendants (Thanhauser, William) (Entered: 04/29/2026)

MOTION for Preliminary Injunction by ACCOUNTABILITY NOW USA. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shah, Aditi) (Entered: 05/26/2026)

1

View on RECAP

2

View on RECAP

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER: In light of Plaintiff's motion for preliminary injunction, Dkt. 8, it is hereby ORDERED that the parties appear for a scheduling conference on May 28, 2026 at 3:00 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 5/26/26. (lcrdm2)

AMENDED COMPLAINT against All Defendants filed by ACCOUNTABILITY NOW USA. (Attachments: # 1 Redline of Amended Complaint)(Spitzer, Arthur) (Entered: 05/27/2026)

1 Redline of Amended Complaint

View on PACER

MOTION for Temporary Restraining Order by ACCOUNTABILITY NOW USA. (Attachments: # 1 Certificate of Counsel, # 2 Second declaration of Anita Carey, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/27/2026)

1 Certificate of Counsel

View on PACER

2 Second declaration of Anita Carey

View on RECAP

3 Text of Proposed Order

View on PACER

NOTICE of Defendants' Position on TRO Application by ACCOUNTABILITY NOW USA re 10 Motion for TRO (Spitzer, Arthur) (Entered: 05/27/2026)

NOTICE of Appearance by John Kenneth Adams on behalf of DOUG BURGUM, KEVIN GRIESS (Adams, John) (Entered: 05/28/2026)

RESPONSE re 10 MOTION for Temporary Restraining Order filed by DOUG BURGUM, KEVIN GRIESS. (Attachments: # 1 Declaration Matthew C Quinn)(Adams, John) (Entered: 05/28/2026)

1 Declaration Matthew C Quinn

View on RECAP

NOTICE of Appearance by Devin Froseth on behalf of DOUG BURGUM, KEVIN GRIESS (Froseth, Devin) (Entered: 05/28/2026)

Motion Hearing AND Scheduling Conference AND ~Util - Set/Reset Deadlines

Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference and a Motion Hearing held on 5/28/2026 re 10 MOTION for Temporary Restraining Order filed by ACCOUNTABILITY NOW USA. The Court held oral argument on the plaintiffs Motion. Both sides presented their arguments. The parties are directed to adhere to the following filing schedule:Supporting documents due by 12:00 noon on May 29, 2026; Oppositions due by 5:00 p.m. on May 29, 2026 and Joint Status Report due on or before June 2, 2026. (Court Reporter Sherry Lindsay.) (zglw)

SUPPLEMENTAL MEMORANDUM by ACCOUNTABILITY NOW USA (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Text of Proposed Order Redline of)(Shah, Aditi) Modified event on 5/31/2026 (znmw). (Entered: 05/29/2026)

1 Declaration

View on RECAP

2 Text of Proposed Order

View on RECAP

3 Text of Proposed Order Redline of

View on RECAP

SUPPLEMENTAL MEMORANDUM to re 13 Response to motion filed by DOUG BURGUM, KEVIN GRIESS. (Adams, John) (Entered: 05/29/2026)

EXHIBIT 1 by ACCOUNTABILITY NOW USA. (zglw) (Entered: 05/29/2026)

REPLY re 16 Supplemental Memorandum of Defendants filed by ACCOUNTABILITY NOW USA. (Attachments: # 1 Fourth Declaration of Anita Carey)(Spitzer, Arthur) (Entered: 05/29/2026)

1 Fourth Declaration of Anita Carey

View on PACER

RESPONSE TO ORDER OF THE COURT re Order,, Set Deadlines, PLAINTIFFS PHOTOGRAPHIC FILING filed by ACCOUNTABILITY NOW USA. (Spitzer, Arthur) (Entered: 05/29/2026)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: To assist the Court in resolving Plaintiff's Motion for a Temporary Restraining Order, Dkt. 9, it is hereby ORDERED that Plaintiff submit any available photographs or other visual evidence of the context and location of its demonstration as a whole during the time period in which it displayed the flag. Signed by Judge Randolph D. Moss on 5/29/26. (lcrdm2)

MEMORANDUM OPINION: Upon consideration of Plaintiff's Application for a Temporary Restraining Order, Dkt. 10, it is hereby ORDERED that the motion is GRANTED. See document for details. A separate order will follow. Signed by Judge Randolph D. Moss on 6/1/26. (lcrdm2) (Entered: 06/01/2026)

ORDER: For the reasons contained in the accompanying memorandum opinion, Dkt. 20, Plaintiff's application for a temporary restraining order is GRANTED. It is further ORDERED that Defendants, their agents and employees, and all persons acting in concert with them, are hereby RESTRAINED, for 14 days from the date of this Order, from revoking Plaintiff's demonstration permit as a result of Plaintiff's display of its "8647" flag, or otherwise ordering the removal of or seizing Plaintiff's "8647" flag. See document for details. Signed by Judge Randolph D. Moss on 6/1/26. (lcrdm2) (Entered: 06/01/2026)

NOTICE of Posting of TRO Bond by ACCOUNTABILITY NOW USA re 21 Order,, (Spitzer, Arthur) (Entered: 06/01/2026)

DEPOSIT of Bond Payment in the amount of $ 1.00, Receipt Number 211962. (znmw)

Joint STATUS REPORT Regarding Preliminary Injunction Motion by DOUG BURGUM, KEVIN GRIESS. (Froseth, Devin) (Entered: 06/02/2026)

Deposit of

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: In light of the joint status report, Dkt. 23, it is hereby ORDERED that the following briefing schedule is adopted: June 10, 2026: Pl.'s Motion for Preliminary Injunction June 17, 2026: D's Response June 22, 2026: Pl.'s ReplySigned by Judge Randolph D. Moss on 6/4/26. (lcrdm2)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/04/2026. (Spitzer, Arthur) (Entered: 06/08/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KEVIN GRIESS served on 5/4/2026 (Spitzer, Arthur) (Entered: 06/08/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOUG BURGUM served on 5/4/2026 (Spitzer, Arthur) (Entered: 06/08/2026)

Second MOTION for Preliminary Injunction by ACCOUNTABILITY NOW USA. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shah, Aditi) (Entered: 06/10/2026)

1 Declaration

View on PACER

2 Text of Proposed Order

View on RECAP

MOTION for Order re 21 Order,, to Extend TRO, by ACCOUNTABILITY NOW USA. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 06/11/2026)

1 Text of Proposed Order

View on PACER

ORDER: For the reasons contained herein and the Court's prior memorandum opinion, Dkt. 20, Plaintiff's motion for an extension of the temporary restraining order is GRANTED. It is further ORDERED that Defendants, their agents and employees, and all persons acting in concert with them, are hereby RESTRAINED, for 14 days from the date of this Order, from revoking Plaintiff's demonstration permit as a result of Plaintiff's display of its two "8647" flags and its additional display of the sign referenced in this order, or otherwise ordering the removal of or seizure of these three displays. See document for details. Signed by Judge Randolph D. Moss on 6/15/26. (lcrdm2) Modified on 6/15/2026 to change the file date. (zglw). (Entered: 06/15/2026)

Consent MOTION for Extension of Time to File Answer by DOUG BURGUM, KEVIN GRIESS. (Attachments: # 1 Text of Proposed Order)(Froseth, Devin) (Entered: 06/16/2026)

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Answer, Dkt. 30, it is hereby ORDERED that the motion is granted. Defendants shall answer or otherwise respond to Plaintiff's Complaint on or before July 13, 2026. Signed by Judge Randolph D. Moss on 6/16/26. (lcrdm2)

Memorandum in opposition to re 27 Second MOTION for Preliminary Injunction filed by DOUG BURGUM, KEVIN GRIESS. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Declaration of Thomas Sheffer)(Froseth, Devin) (Entered: 06/17/2026)

1 Text of Proposed Order

View on PACER

2 Declaration Declaration of Thomas Sheffer

View on PACER

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: In light of Plaintiff's Renewed Motion for a Preliminary Injunction, Dkt. 27, it is hereby ORDERED that the parties appear for a motions hearing on Tuesday, June 23, 2026 at 10:00 a.m. in Courtroom 8. It is further ORDERED that on or before noon on Wednesday, June 24, 2026, the parties SHOW CAUSE as to why the Court should not treat the pending motion for a preliminary injunction, in the alternative, as a motion for summary judgment, in light of the fact that it does not appear that resolution of the issues presented by Plaintiff's case involves disputed issues of fact or requires additional factual development or discovery. Fed. R. Civ. P. 56 & 65(a)(2); see Morris v. District of Columbia, 38 F. Supp. 3d 57, 62-63 (D.D.C. 2014). Signed by Judge Randolph D. Moss on 6/18/26. (lcrdm2)

Set/Reset Hearings

Set/Reset Hearings: Motion Hearing set for 6/23/2026 at 10:00 AM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw)

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER: In light of a Court conflict, it is hereby ORDERED that the oral argument currently set for 11:00a.m. on Tuesday, June 23, 2026 is rescheduled for 9:00a.m. the same day, June 23, 2026, in Courtroom 8. Signed by Judge Randolph D. Moss on 6/21/26. (lcrdm2)

NOTICE of Appearance by Michael Weisbuch on behalf of All Defendants (Weisbuch, Michael) (Entered: 06/22/2026)

MOTION for Leave to File Additional Declaration by ACCOUNTABILITY NOW USA. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shah, Aditi) (Entered: 06/22/2026)

1 Declaration

View on RECAP

2 Text of Proposed Order

View on RECAP

REPLY to opposition to motion re 27 Motion for Preliminary Injunction filed by ACCOUNTABILITY NOW USA. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order Redline of)(Shah, Aditi) (Entered: 06/22/2026)

1 Text of Proposed Order

View on RECAP

2 Text of Proposed Order Redline of

View on RECAP

.Order

MINUTE ORDER: Any interested member of the public may remotely attend the preliminary injunction hearing scheduled for June 23, 2026, using Toll Free Number 833-990-9400 and Meeting ID: 43781081. Signed by Judge Randolph D. Moss on 6/22/26. (lcrdm2)

MINUTE ORDER: Any interested member of the public may remotely attend the preliminary injunction hearing scheduled for June 23, 2026, using Toll Free Number 833-990-9400 and Meeting ID: 043781081. Signed by Judge Randolph D. Moss on 6/22/26. (lcrdm2) Modified on 6/23/2026 to correct the meeting ID (zglw).

Preliminary Injunction

Minute Entry for proceedings held before Judge Randolph D. Moss: Preliminary Injunction held on 6/23/2026. Oral Argument heard. Matter taken under advisement. (Court Reporter Sherry Lindsay.) (zglw)

Joint STATUS REPORT Regarding Treating Plaintiff's Motion for Preliminary Injunction as a Motion for Summary Judgment by DOUG BURGUM, KEVIN GRIESS. (Froseth, Devin) (Entered: 06/24/2026)

SURREPLY to re 27 Second MOTION for Preliminary Injunction filed by DOUG BURGUM, KEVIN GRIESS. (Attachments: # 1 Text of Proposed Order)(Froseth, Devin) (Entered: 06/25/2026)

1 Text of Proposed Order

View on PACER

MOTION for Leave to File Response to Defendants' Surreply by ACCOUNTABILITY NOW USA. (Attachments: # 1 Exhibit Response to Surreply, # 2 Text of Proposed Order)(Shah, Aditi) (Entered: 06/25/2026)

1

View on RECAP

2

View on RECAP

DECLARATION of Anita Carey by ACCOUNTABILITY NOW USA. (znmw) (Entered: 06/26/2026)

Order on Motion for Leave to File

MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to File Additional Declaration, Dkt. 33, it is hereby ORDERED that the motion is GRANTED and the Declaration, Dkt. 33-1, is DEEMED FILED. Signed by Judge Randolph D. Moss on 6/25/26. (lcrdm2)

SUR-SURREPLY to re 36 Surreply filed by ACCOUNTABILITY NOW USA. (znmw) (Entered: 07/09/2026)

Order on Motion for Leave to File

MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to File Response, Dkt. 37, it is hereby ORDERED that the motion is GRANTED and the Response, Dkt. 37-1, is DEEMED FILED. Signed by Judge Randolph D. Moss on 6/26/26. (lcrdm2)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 6/23/26; Page Numbers: 1-60. Date of Issuance:6/29/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/20/2026. Redacted Transcript Deadline set for 7/30/2026. Release of Transcript Restriction set for 9/27/2026.(stl) (Entered: 06/29/2026)

MEMORANDUM OPINION: For the reasons contained herein, Plaintiff's Motion for Summary Judgment, Dkt. 27, is GRANTED. The Court will PERMANENTLY ENJOIN Defendants, their agents and employees, and all persons acting in concert with them, from threatening to revoke Plaintiff's demonstration permit as a result of Plaintiff's display of the signs and flags described herein, or of any displays with substantially similar messages displayed in a substantially similar context, or otherwise seizing or destroying the aforementioned displays. See document for details. A separate order will follow. Signed by Judge Randolph D. Moss on 6/29/26. (lcrdm2) Modified on 6/30/2026 to designate as an Opinion (zglw). (Entered: 06/29/2026)

ORDER: For the reasons explained in the accompanying memorandum opinion, Dkt. 40, it is hereby ORDERED that the parties shall comply with the directives in the attached order. See document for details. Signed by Judge Randolph D. Moss on 6/29/26. (lcrdm2) (Entered: 06/29/2026)

DEPOSIT of Funds into the Court's Registry in the amount of $ 10.00, Receipt Number 212140. (mg)

Deposit of

Consent MOTION to Hold in Abeyance proceedings regarding attorneys' fees by ACCOUNTABILITY NOW USA. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/06/2026)

1 Text of Proposed Order

View on PACER

Order on Motion for Preliminary Injunction

Order on Motion to Hold in Abeyance

MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Hold In Abeyance Proceedings Regarding Attorneys' Fees, Dkt. 42, it is hereby ORDERED that the motion is GRANTED. The Court FINDS that it is in the interest of justice to hold fee issues in abeyance until any appeal in this matter is resolved and to provide the parties with an opportunity to meet and confer to attempt to reach agreement on fee issues. It is further ORDERED that Plaintiff's time in which to seek costs and attorneys' fees is extended until a time to be set by further order of the Court; and it is further ORDERED that, within 14 days of the expiration of the time for filing an appeal in this matter, or within 14 days of the resolution of appellate proceedings, whichever is later, the parties shall file a joint status report that contains a proposal regarding further proceedings in this action. Signed by Judge Randolph D. Moss on 7/7/26. (lcrdm2)

MINUTE ORDER: In light of the fact that the Court has consolidated Plaintiff's renewed motion for a preliminary injunction with the merits and has resolved that motion, Dkts. 27 and 40, it is hereby ORDERED that Plaintiff's first motion for a preliminary injunction, Dkt. 8, is DENIED as MOOT. Signed by Judge Randolph D. Moss on 7/7/26. (lcrdm2)

NOTICE OF WITHDRAWAL OF APPEARANCE as to DOUG BURGUM, KEVIN GRIESS. Attorney Devin Froseth terminated. (Froseth, Devin) (Entered: 07/16/2026)