Donald J. Trump for President et al v. Bullock et al

Filing 35

ORDER granting #28 Motion to Intervene; granting #33 Motion to Intervene; denying #16 Motion to Expedite. IT IS FURTHER ORDERED that the Court will conduct a hearing on Plaintiffs motion for a preliminary injunction (Doc. 8) at 1:00 P.M. on September 22, 2020, at the Russel Smith Courthouse in Missoula, Montana. The Court will set time limits for oral arguments after all the briefs have been filed. SEE ORDER FOR COMPLETE FILING INFORMATION AND DEADLINES. Signed by Judge Dana L. Christensen on 9/8/2020. (HEG)

Case 6:20-cv-00066-DLC Document 35 Filed 09/08/20 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DONALD J. TRUMP FOR
PRESIDENT, INC., REPUBLICAN
NATIONAL COMMITTEE;
NATIONAL REPUBLICAN
SENATORIAL COMMITTEE;
MONTANA REPUBLICAN STATE
CENTRAL COMMITTEE,

CV 20–66–H–DLC

ORDER

Plaintiffs,
And
GREG HERTZ, in his official capacity
as Speaker of the Montana House of
Representatives; SCOTT SALES, in
his official capacity as President of the
Montana Senate, on behalf of the
Majorities of the Montana House of
Representatives and the Montana
Senate,
IntervenorPlaintiffs,
vs.
STEPHEN BULLOCK, in his official
capacity as Governor of Montana;
COREY STAPLETON, in his official
capacity as Secretary of State of
Montana,
Defendants,
And
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Case 6:20-cv-00066-DLC Document 35 Filed 09/08/20 Page 2 of 5

DSCC, DCCC, and MONTANA
DEMOCRATIC PARTY,
IntervenorDefendants.
Before the Court is Plaintiffs’ Motion to Expedite (Doc. 16), Democratic
Senatorial Campaign Committee’s (“DSCC”), Democratic Congressional
Campaign Committee’s (“DCCC”), and the Montana Democratic Party’s Motion
to Intervene as defendants (Doc. 28), and Greg Hertz’s and Scott Sales’ Motion to
Intervene as plaintiffs (Doc. 33) on behalf of the legislative majorities of the
Montana House of Representatives and the Montana Senate.
Plaintiffs filed suit on September 2, 2020 (Doc. 1) and have moved this
Court for a preliminary injunction (Doc. 8) enjoining enforcement of a directive
issued by Governor Stephen Bullock on August 6, 2020. Plaintiffs request that this
Court expedite review of their preliminary injunction motion (Doc. 8) by reducing
the Defendants’ time to file a response brief from 14 days to 8 days and the time
for them to file a reply brief from 14 days to 1 day. (Doc. 16 at 3.) Plaintiffs
represent that Secretary Corey Stapleton does not object to the proposed expedited
briefing schedule. (Id.)
Governor Bullock responds by arguing that an expedited briefing schedule
not only prejudices his ability to adequately respond to the Plaintiffs’ motion but is
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Case 6:20-cv-00066-DLC Document 35 Filed 09/08/20 Page 3 of 5

the product of the Plaintiffs’ procrastinated filing of the instant lawsuit. (Doc. 18
at 4–5.) While the Court agrees the Plaintiffs’ proposed expedited briefing
schedule is unduly truncated, it does find some expedition necessary.
Additionally, the Court finds that a hearing on Plaintiffs’ motion for preliminary
injunction (Doc. 8) is warranted.
The DSCC, DCCC, and the Montana Democratic Party move to intervene in
this matter. (Doc. 28.) The Plaintiffs’ indicate that they do not object to this
motion (Doc. 28) as long as the DSCC, DCCC, and the Montana Democratic Party
do not oppose expedition of the Plaintiffs’ motion for a preliminary injunction.
(Doc. 30 at 2.) The DSCC, DCCC, and the Montana Democratic Party do not
object to the Court’s expedited consideration of the Plaintiffs’ motion. (Doc. 29 at
16.) Additionally, Mr. Hertz and Mr. Sales seek to intervene in this matter. (Doc.
33.) The Court finds such intervention appropriate.
Accordingly, IT IS ORDERED that Plaintiffs’ motion (Doc. 16) is DENIED.
IT IS FURTHER ORDERED that the Intervenor-Defendants’ Motion to
Intervene (Doc. 28) and Intervenor-Plaintiffs’ Motion to Intervene (Doc. 33) are
GRANTED. The Court advises Intervenor-Plaintiffs and Intervenor-Defendants
that while they may participate in settlement negotiations with the principal parties,
should such negotiations take place, they do not have the right to prevent any
settlement of Plaintiffs’ claims from occurring.
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IT IS FURTHER ORDERED that the Intervenor-Plaintiffs shall
immediately file their Complaint.
IT IS FURTHER ORDERED that the Intervenor-Plaintiffs shall file their
brief in support of the Plaintiffs’ Motion for Preliminary Injunction (Doc. 8) on or
before September 11, 2020.
IT IS FURTHER ORDERED that the Defendants and IntervenorDefendants shall file an answer or other responsive pleading to the Plaintiffs’
Complaint (Doc. 1) and the Intervenor-Plaintiffs’ Complaint on or before
September 17, 2020.
IT IS FURTHER ORDERED that Defendants and Intervenor-Defendants
shall file a response to Plaintiff’s motion for a preliminary injunction (Doc. 8) on
or before September 17, 2020.
IT IS FURTHER ORDERED that any response filed by Defendants and
Intervenor-Defendants to Plaintiffs’ motion for a preliminary injunction (Doc. 8)
shall not exceed 6500 words.
IT IS FURTHER ORDERED that Plaintiffs and Intervenor-Plaintiffs shall
file an optional reply brief to the motion for a preliminary injunction (Doc. 8) on or
before September 18, 2020.
IT IS FURTHER ORDERED that any reply filed by Plaintiffs to their
motion for preliminary injunction (Doc. 8) shall not exceed 2500 words.
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IT IS FURTHER ORDERED that the Court will conduct a hearing on
Plaintiffs’ motion for a preliminary injunction (Doc. 8) at 1:00 P.M. on September
22, 2020, at the Russel Smith Courthouse in Missoula, Montana. The Court will
set time limits for oral arguments after all the briefs have been filed.
DATED this 8th day of September, 2020.

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