| Court: | sdd |
| Docket #: | 4:11-cv-04001 |
| Case Name: | Smith v. Nelson et al |
| PACER case #: | 47987 |
| Date filed: | 2011-01-03 |
| Date of last filing: | 2011-08-31 |
| Assigned to: | Chief Judge Karen E. Schreier |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Wayne S. Smith Plaintiff |
Wayne S. Smith Andrew J. Knecht Robert J. Doody |
| Chris Nelson Cross Defendant in his official capacity as Secretary of State of South Dakota TERMINATED: 01/26/2011 |
Bobbi J. Rank Richard M. Williams Martin Jacob Jackley |
| Mike Milstead Cross Claimant in his official capacity as Minnehaha County Sheriff |
Douglas M. Deibert |
| State of South Dakota Defendant TERMINATED: 07/19/2011 |
Bobbi J. Rank Martin Jacob Jackley Richard M. Williams |
| Jason Gant Cross Defendant in his official capacity as Secretary of State of South Dakota |
Bobbi J. Rank Martin Jacob Jackley Richard M. Williams |
| Deputy Sheriff Jeff Gromer Defendant in his personal and official capacity TERMINATED: 06/13/2011 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-01-03 | 1 | 0 | Complaint | COMPLAINT Receipt Number SDX400020579 in the amount of $ 350, filed by Wayne S. Smith. (Attachments: # 1 Attachment 1- Permanent Resident Card, # 2 Attachment 2- Concealed Weapon Application)(SLW) (Entered: 01/03/2011) | 2011-01-04 13:29:47 | d6be3e7d7144e5a4e6894e99ccdeb93bc065ce35 |
| 2011-01-03 | 2 | 0 | Civil Cover Sheet | CIVIL COVER SHEET (SLW) (Entered: 01/03/2011) | ||
| 2011-01-03 | 3 | 0 | Filing Fee Received | Filing fee: $ 350, receipt number SDX400020579 (SLW) (Entered: 01/03/2011) | ||
| 2011-01-03 | 4 | 0 | Motion for Preliminary Injunction | MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Wayne S. Smith. (SLW) (Entered: 01/03/2011) | ||
| 2011-01-03 | 5 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support re 4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Wayne S. Smith. (SLW) (Entered: 01/03/2011) | 2011-01-05 23:21:07 | 4d05a124e2bf88680385242ddb327f578708066b |
| 2011-01-03 | 6 | 0 | Summons Issued | Summons Issued as to Mike Milstead. Two true copies handed to Mr. Doody (SLW) (Entered: 01/03/2011) | ||
| 2011-01-03 | 7 | 0 | Summons Issued | Summons Issued as to Chris Nelson. Two true copies handed to Mr. Doody. (SLW) (Entered: 01/03/2011) | ||
| 2011-01-03 | 8 | 0 | Motion for Preliminary Injunction | AMENDED MOTION for TRO or Preliminary Injunction by Wayne S. Smith. (Doody, Robert). Added MOTION for Temporary Restraining Order on 1/3/2011 (CMS). Modified event type on 1/3/2011 (CMS). (Entered: 01/03/2011) | ||
| 2011-01-03 | 9 | 0 | Order on Motion for TRO | ORDER denying 4 Motion for TRO; denying 8 Motion for TRO; setting evidentiary hearing for January 27, 2011 at 9:00. Signed by Chief Judge Karen E. Schreier on 1/3/2011. (KC) (Entered: 01/03/2011) | 2011-01-04 13:44:47 | 5b54f82a7e0467c5a2eb69b41de4a03196fdfe4d |
| 2011-01-11 | 10 | 0 | Affidavit of Service | AFFIDAVIT of Service for Complaint, Motion, Brief served on Mike Milstead on 1-3-2011, filed by Wayne S. Smith. (Doody, Robert) (Entered: 01/11/2011) | ||
| 2011-01-13 | 11 | 0 | Notice of Appearance | NOTICE of Appearance by Douglas M. Deibert on behalf of Mike Milstead (Deibert, Douglas) (Entered: 01/13/2011) | ||
| 2011-01-13 | 12 | 0 | Summons Issued | Summons Issued as to Marty Jackley, Office of the Attorney General. Handed two true copies to Mr. Doody. (CMS) (Entered: 01/13/2011) | ||
| 2011-01-18 | 13 | 0 | Notice of Appearance | NOTICE of Appearance by Richard M. Williams on behalf of Chris Nelson (Williams, Richard) (Entered: 01/18/2011) | ||
| 2011-01-18 | 14 | 0 | Notice of Appearance | NOTICE of Appearance by Bobbi J. Rank on behalf of Chris Nelson (Rank, Bobbi) (Entered: 01/18/2011) | ||
| 2011-01-21 | 15 | 0 | Answer to Complaint | Separate ANSWER to 1 Complaint by Mike Milstead.(Deibert, Douglas) (Entered: 01/21/2011) | ||
| 2011-01-24 | 16 | 0 | Motion to Dismiss | MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Chris Nelson. (Williams, Richard) (Entered: 01/24/2011) | ||
| 2011-01-24 | 17 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support re 16 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Chris Nelson. (Attachments: # 1 Exhibit)(Williams, Richard) (Entered: 01/24/2011) | ||
| 2011-01-24 | 18 | 0 | Motion for Leave to | (FILED IN ERROR) MOTION for Leave to Intervene by Chris Nelson. (Williams, Richard) Modified on 1/24/2011 (CMS). (Entered: 01/24/2011) | ||
| 2011-01-24 | 19 | 0 | Motion for Leave to | MOTION for Leave to Intervene by State of South Dakota. (Attachments: # 1 Exhibit)(Williams, Richard) Modified filer on 1/25/2011 (CMS). (Entered: 01/24/2011) | ||
| 2011-01-24 | 20 | 0 | Affidavit of Service | AFFIDAVIT of Service for Complaint and Motion Chris Nelson served on Judy Larson on 1/14/2011, filed by Wayne S. Smith. (Doody, Robert) (Entered: 01/24/2011) | ||
| 2011-01-24 | 21 | 0 | Affidavit of Service | AFFIDAVIT of Service for Complaint and Motion Marty Jackley served on Roxane Giedd on 1/14/2011, filed by Wayne S. Smith. (Doody, Robert) (Entered: 01/24/2011) | ||
| 2011-01-25 | 22 | 0 | Response to Motion | RESPONSE to Motion re 19 MOTION for Leave to Intervene filed by Mike Milstead. (Deibert, Douglas) (Entered: 01/25/2011) | ||
| 2011-01-25 | 23 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support re 19 MOTION for Leave to Intervene filed by State of South Dakota. (Williams, Richard) Modified filer on 1/25/2011 (CMS). (Entered: 01/25/2011) | ||
| 2011-01-25 | 24 | 0 | Memorandum in Opposition to Motion | MEMORANDUM in Opposition re 4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and in Support of 25 States Motion to Dismiss or in the Alternative Motion for Summary Judgment filed by State of South Dakota. (Williams, Richard) Modified filer and link on 1/25/2011 (CMS). (Entered: 01/25/2011) | 2011-02-02 00:49:52 | ea0d2054a6f8e9e1be7a6a3c46df7c95ee60a448 |
| 2011-01-25 | 25 | 0 | Motion to Dismiss | MOTION to Dismiss or in the Alternative Motion for Summary Judgment by State of South Dakota. (Williams, Richard) Modified filer on 1/25/2011 (CMS). (Entered: 01/25/2011) | ||
| 2011-01-25 | 26 | 0 | Response to Motion | RESPONSE to Motion re 19 MOTION for Leave to Intervene filed by Wayne S. Smith. (Doody, Robert) (Entered: 01/25/2011) | ||
| 2011-01-26 | 27 | 0 | Order on Motion for Leave to | ORDER granting 19 Motion for Leave to intervene by State of South Dakota. Signed by Chief Judge Karen E. Schreier on January 26, 2011. (Schreier, Karen) (Entered: 01/26/2011) | ||
| 2011-01-26 | 28 | 0 | Answer to Complaint | Amended Separate ANSWER to 1 Complaint, CROSSCLAIM against Chris Nelson by Mike Milstead.(Deibert, Douglas) (Entered: 01/26/2011) | 2011-02-02 00:55:15 | 476a8ba7e58891faab3c4dbfb1dff3434e05039b |
| 2011-01-26 | 29 | 0 | Response to Motion | RESPONSE to 24 MEMORANDUM in Opposition re 4 Motion for Preliminary Injunction MOTION for Temporary Restraining Order and in Support of 25 States Motion to Dismiss or in the Alternative Motion for Summary Judgment filed by Wayne S. Smith. (Attachments: # 1 Exhibit 1- SD Court Filing, # 2 Exhibit 2 - SD House Bill)(Doody, Robert) Modified on 1/27/2011 to correct proper link (CMS). (Entered: 01/26/2011) | ||
| 2011-01-26 | 30 | 0 | Response to Motion | RESPONSE to Motion re 16 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Wayne S. Smith. (Doody, Robert) (Entered: 01/26/2011) | ||
| 2011-01-26 | 31 | 0 | Amended Complaint | AMENDED COMPLAINT 1st, filed by Wayne S. Smith. (Attachments: # 1 Attachment #1 - Copy of Green Card, # 2 Attachment 2 - Copy of Application, # 3 Attachment 3 - SD "Transmittal of Record")(Doody, Robert) Modified exhibit descriptions on 1/26/2011 (CMS). (Entered: 01/26/2011) | ||
| 2011-01-26 | 32 | 0 | Motion for Joinder | MOTION for Joinder by Mike Milstead. (Deibert, Douglas) (Entered: 01/26/2011) | ||
| 2011-01-27 | 33 | 0 | Evidentiary Hearing | Evidentiary Hearing held on 1/27/2011 before Chief Judge Karen E. Schreier (Court Reporter Jill Connelly/FTR #2) (CMS) (Entered: 01/27/2011) | ||
| 2011-01-27 | 34 | 0 | Exhibit List | Exhibit List for evidentiary hearing of 1/27/10.(CMS) (Entered: 01/27/2011) | 2011-02-02 00:57:57 | 905dea9126b73761c786d8ac9255bacaf8babc94 |
| 2011-01-31 | 35 | 0 | Statement of Material Facts | STATEMENT OF MATERIAL FACTS re 16 Motion to Dismiss by Defendant Chris Nelson, Intervenor Defendant State of South Dakota. (Williams, Richard) (Entered: 01/31/2011) | 2011-02-02 00:56:35 | cfc48f269e765a3f12936ef0a9bdc3f2d1791134 |
| 2011-02-03 | 36 | 0 | Order on Motion for Joinder | ORDER denying as moot 32 Motion for Joinder; denying as moot 16 Motion to Dismiss; denying as moot 25 Motion to Dismiss. Signed by Chief Judge Karen E. Schreier on 2/3/2011. (KC) (Entered: 02/03/2011) | ||
| 2011-02-08 | 37 | 0 | Answer to Amended Complaint | ANSWER to 31 Amended Complaint, by State of South Dakota.(Rank, Bobbi) (Entered: 02/08/2011) | ||
| 2011-02-08 | 38 | 0 | Motion to Dismiss | MOTION to Dismiss Defendant Gant in his Personal Capacity by State of South Dakota. (Rank, Bobbi) (Entered: 02/08/2011) | ||
| 2011-02-08 | 39 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support re 38 MOTION to Dismiss Defendant Gant in his Personal Capacity filed by State of South Dakota. (Rank, Bobbi) (Entered: 02/08/2011) | ||
| 2011-02-10 | 40 | 0 | Order on Motion for Preliminary Injunction | ORDER denying as moot 4 Motion for Preliminary Injunction; granting 8 Amended Motion for Preliminary Injunction and granting permanent injunction. Signed by Chief Judge Karen E. Schreier on 2/10/2011. (KC) (Entered: 02/10/2011) | 2011-02-14 17:26:30 | 445bbe54f7af974f046b92dc5fd9525fa448a401 |
| 2011-02-11 | 41 | 0 | Claim | Answer to 28 Cross-claim by Jason Gant. (Rank, Bobbi) Modified link on 2/14/2011 (CMS). (Entered: 02/11/2011) | ||
| 2011-02-15 | 42 | 0 | Motion to Amend/Correct | MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion for Judgment on the Pleadings and Summary Judgment by Jason Gant. (Rank, Bobbi). Added MOTION for Judgment on the Pleadings on 2/16/2011 (CMS). (Entered: 02/15/2011) | 2011-04-11 02:21:10 | 2037ae4d2949c4b52e5d1283593522bba5ca000c |
| 2011-02-21 | 43 | 0 | Transcript | TRANSCRIPT of Proceedings re 33 Evidentiary Hearing held on 1-27-2011 before Judge Karen E. Schreier. Court Reporter/Transcriber: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2011. Redacted Transcript Deadline set for 3/28/2011. Release of Transcript Restriction set for 5/26/2011. (JC) (Entered: 02/21/2011) | ||
| 43 | 32 | |||||
| 2011-02-21 | 44 | 0 | Notice of Filing of Official Transcript | NOTICE of Filing of Official Transcript re: 33 Evidentiary Hearing. Notice mailed to non-ecf counsel. (JC) (Entered: 02/21/2011) | ||
| 2011-02-22 | 45 | 0 | Summons Issued | Summons Issued as to Deputy Sheriff Jeff Gromer in his Official Capacity. Handed two true copies to runner. (CMS) (Entered: 02/22/2011) | ||
| 2011-02-22 | 46 | 0 | Summons Issued | Summons Issued as to Deputy Sheriff Jeff Gromer in his Personal Capacity. Two true copies handed to runner. (CMS) (Entered: 02/22/2011) | ||
| 2011-02-22 | 47 | 0 | Summons Issued | Summons Issued as to Mike Milstead in his Personal Capacity. Two true copies handed runner. (CMS) (Entered: 02/22/2011) | ||
| 2011-02-22 | 48 | 0 | Summons Issued | Summons Issued as to Chris Nelson(in his personal capacity). Two true copies handed runner. (CMS) (Main Document 48 replaced on 2/23/2011) (CMS). (Entered: 02/22/2011) | ||
| 2011-02-22 | 49 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support re 42 MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion to Alter or Amend February 10 Order MOTION for Judgment on the Pleadings filed by Jason Gant, State of South Dakota. (Attachments: # 1 Exhibit A - Pages of transcripts)(Rank, Bobbi) Modified to label exhibit on 2/23/2011 (CMS). (Entered: 02/22/2011) | 2011-04-11 02:10:13 | 9837ffd56d31aa35a78fb3934de8c33b24b1c3d6 |
| 49 | 1 | Exhibit A - Pages of transcripts | ||||
| 2011-02-24 | 50 | 0 | Response to Motion | RESPONSE to Motion re 38 MOTION to Dismiss Defendant Gant in his Personal Capacity filed by Wayne S. Smith. (Doody, Robert) (Entered: 02/24/2011) | ||
| 2011-02-25 | 51 | 0 | Response to Motion | (FILED IN ERROR) RESPONSE to Motion re 42 MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion to Alter or Amend February 10 Order MOTION for Judgment on the Pleadings filed by Wayne S. Smith. (Doody, Robert) Modified on 2/28/2011 (CMS). (Entered: 02/25/2011) | ||
| 2011-03-02 | 52 | 0 | Response to Motion | RESPONSE to Motion re 42 MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion to Alter or Amend February 10 Order MOTION for Judgment on the Pleadings filed by Wayne S. Smith. (Knecht, Andrew) (Entered: 03/02/2011) | 2011-04-11 02:12:37 | 75264600fed04a038b02bb92524e87f297953f30 |
| 2011-03-10 | 53 | 0 | Reply to Motion Response | REPLY to Motion Response re 38 MOTION to Dismiss Defendant Gant in his Personal Capacity filed by State of South Dakota. (Rank, Bobbi) (Entered: 03/10/2011) | ||
| 2011-03-11 | 54 | 0 | Reply to Motion Response | (FILED IN ERROR) REPLY to Motion Response re 25 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by State of South Dakota. (Rank, Bobbi) Modified on 3/14/2011 (CMS). (Entered: 03/11/2011) | ||
| 2011-03-11 | 55 | 0 | Memorandum in Support of Motion | (FILED IN ERROR) MEMORANDUM in Support re 42 MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion to Alter or Amend February 10 Order MOTION for Judgment on the Pleadings filed by State of South Dakota. (Rank, Bobbi) Modified on 3/14/2011 (CMS). (Entered: 03/11/2011) | ||
| 2011-03-11 | 56 | 0 | Reply to Motion Response | REPLY to Motion Response re 42 MOTION to Amend/Correct 40 Order on Motion for Preliminary Injunction, Motion to Alter or Amend February 10 Order MOTION for Judgment on the Pleadings filed by State of South Dakota. (Rank, Bobbi) (Entered: 03/11/2011) | 2011-04-11 02:14:30 | cd07df0c39c5a909fd2b0f66913022f6359245e4 |
| 2011-03-15 | 57 | 0 | Order on Motion to Dismiss | (FILED IN ERROR) ORDER denying as moot 38 Motion to Dismiss. Signed by Chief Judge Karen E. Schreier on 3/15/2011. (KC) Modified on 3/17/2011 (CMS). (Entered: 03/15/2011) | ||
| 2011-03-16 | 58 | 0 | Order | ORDER denying as moot motion to dismiss Gant in his personal capacity. Signed by Chief Judge Karen E. Schreier on 3/16/2011. (KC) (Entered: 03/16/2011) | 2011-04-11 02:17:53 | 2b536323da8d5f2248a2ce3f598a1863dc458306 |
| 2011-05-17 | 59 | 0 | Order - Notice under Rule 4(m) | ORDER giving Notice of Fed. R. Civ. P. 4(m). Service of summons and complaint must be made by June 7, 2011 or this case will be dismissed against defendants Chris Nelson in his personal capacity, Mike Milstead in his personal capacity, and Deputy Sheriff Jeff Gromer in his personal and official capacity. Signed by Chief Judge Karen E. Schreier on 5/17/2011. (KC) (Entered: 05/17/2011) | ||
| 2011-06-01 | 60 | 0 | Motion to Withdraw as Attorney | JOINT MOTION to Withdraw as Attorneys by Wayne S. Smith. (Attachments: # 1 Affidavit of Robert Doody, # 2 Affidavit of Andrew Knecht)(Knecht, Andrew) Modified on 6/2/2011 (CMS). (Entered: 06/01/2011) | ||
| 2011-06-02 | 61 | 0 | Response to Motion | RESPONSE to Motion re 60 MOTION to Withdraw as Attorney filed by Jason Gant, State of South Dakota. (Rank, Bobbi) (Entered: 06/02/2011) | ||
| 2011-06-02 | 62 | 0 | Order on Motion to Withdraw as Attorney | ORDER granting 60 Motion to Withdraw as Attorney. Attorney Robert J. Doody and Andrew J. Knecht terminated. Plaintiff to notify court of new counsel or pro se status by 6/23/2011. Signed by Chief Judge Karen E. Schreier on 6/2/2011. (KC) (Entered: 06/02/2011) | ||
| 2011-06-02 | 63 | 0 | Response to Motion | RESPONSE to Motion re 60 MOTION to Withdraw as Attorney filed by Deputy Sheriff Jeff Gromer, Mike Milstead, Mike Milstead. (Deibert, Douglas) (Entered: 06/02/2011) | ||
| 2011-06-10 | 64 | 0 | Letter | Letter from ACLU re: plaintiff's address (SLW) (Entered: 06/10/2011) | ||
| 2011-06-13 | 65 | 0 | Order | ORDER re 59 Order - Notice under Rule 4(m). Order under Rule 4(m) dismissing Chris Nelson in his personal capacity, Mike Milstead in his personal capacity, and Jeff Gromer in his personal and official capacity. Signed by Chief Judge Karen E. Schreier on 6/13/2011. (KC) (Entered: 06/13/2011) | ||
| 2011-06-15 | 66 | 0 | Motion to Extend | MOTION for Extension of Time to Reply re 60 Motion to Withdraw by Wayne S. Smith. (CMS) (Entered: 06/15/2011) | ||
| 2011-06-20 | 67 | 0 | Order on Motion to Extend | ORDER granting 66 Motion to Extend. Plaintiff will inform clerk of new counsel or desire to proceed pro se by July 20, 2011. Signed by Chief Judge Karen E. Schreier on 6/20/2011. (KC) (Entered: 06/20/2011) | ||
| 2011-07-15 | 68 | 0 | Notice | NOTICE of pro se representation by Wayne S. Smith (SLW) (Entered: 07/15/2011) | ||
| 2011-07-15 | 69 | 0 | Request | REQUEST for scheduling order by Plaintiff Wayne S. Smith. (SLW) (Entered: 07/15/2011) | ||
| 2011-07-19 | 70 | 0 | Order on Motion to Amend/Correct | ORDER granting 42 Motion to Amend/Correct; granting in part and denying in part 42 Motion for Summary Judgment. Signed by Chief Judge Karen E. Schreier on 7/19/2011. (KC) (Entered: 07/19/2011) | 2011-09-28 15:16:51 | dc3d1f49a4f55f32add65c6878bac0644effd62f |
| 2011-08-31 | 71 | 0 | Motion for Summary Judgment | 2011-09-28 15:16:02 | 9bf3b4bfe1014c074255a770d1a9ef0bc96d4488 | |
| 2011-08-31 | 72 | 0 | Affidavit | |||
| 2011-08-31 | 73 | 0 | Statement of Material Facts | |||
| 2011-08-31 | 74 | 0 | Brief | |||
| 2012-03-27 | 81 | 0 | ORDER granting 71 Motion for Summary Judgment; denying 75 Motion for Summary Judgment; denying 75 Motion for Reconsideration. Signed by Chief Judge Karen E. Schreier on 3/27/2012. (KC) | 2012-03-28 10:16:49 | a6744874dd09425ab5f2332af1e85c1fa3a96039 |