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

Filing 45

CONSOLIDATION ORDER. Case Nos. 6:20-cv-00066-DLC and 6:20-cv-00067-DLC are CONSOLIDATED pursuant to Federal Rule of Civil Procedure 42(a)(2). Pursuant to the Guide for Filing in the District of Montana regarding consolidated cases, all documents shall be e-filed in the lead case 6:20-cv-00066-DLC and spread to the appropriate member case 6:20-cv-00067-DLC. SEE ORDER FOR COMPLETE DETAILS AND INFORMATION. Signed by Judge Dana L. Christensen on 9/9/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG)

Case 6:20-cv-00066-DLC Document 45 Filed 09/09/20 Page 1 of 4

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
(Consolidated with Case No. CV–
20–67–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
1

Case 6:20-cv-00066-DLC Document 45 Filed 09/09/20 Page 2 of 4

DSCC, DCCC, and MONTANA
DEMOCRATIC PARTY,
IntervenorDefendants.

Before the Court are two cases advancing nearly identical constitutional
challenges to Governor Stephen Bullock’s August 6, 2020 directive permitting
counties within Montana to conduct the November 3, 2020 general election by
mail in ballot (“the Directive”). Donald Trump for President, Inc., et al. v. Stephen
Bullock, et al., CV 20–66–H–DLC; Joe Lamm, et al. v. Stephen Bullock, et al., CV
20–67–H–DLC. In both actions, the Plaintiffs seek a preliminary injunction
enjoining enforcement of the Directive. (Id.)
The Federal Rules of Civil Procedure permit this Court to consolidate
actions that involve a common question of law or fact. Fed. R. Civ. P. 42(a)(2).
Rule 42 affords this Court “substantial discretion in deciding whether and to what
extent to consolidate cases.” Hall v. Hall, 138 S. Ct. 1118, 1131 (2018). The
Court finds that common questions of both law and fact exist in the two
aforementioned actions. As such, consolidation is appropriate.
Accordingly, IT IS ORDERED that Case Nos. CV 20–66–H–DLC and CV–
20–67–H–DLC are CONSOLIDATED pursuant to Federal Rule of Civil Procedure
42(a)(2). Pursuant to the Guide for Filing in the District of Montana regarding
2

Case 6:20-cv-00066-DLC Document 45 Filed 09/09/20 Page 3 of 4

consolidated cases, all documents shall be e-filed in the lead case (CV 20–66–H–
DLC) and spread to the appropriate member case (CV 20–67–H–DLC). When
prompted to spread, users should answer “yes.” Further, from this point forward,
any brief filed in these consolidated cases shall refer only to the docket and
associated document numbers in the lead case (CV 20–66–H–DLC).
IT IS FURTHER ORDERED that the parties shall adhere to the briefing
schedule established in the lead case (CV 20–66–H–DLC) with respect to the
Plaintiffs’ motion for preliminary injunction. (Doc. 35). This means Defendants
in the member case (CV 20–67–H–DLC) shall file their answer or other responsive
pleading to the Plaintiffs’ complaint (Doc. 1) and their response to the Plaintiffs’
motion for a preliminary injunction (Doc. 2) on or before September 17, 2020.
The Plaintiffs in the member case (CV 20–67–H–DLC) shall file an optional reply
brief to the motion for preliminary injunction (Doc. 2) on or before September 18,
2020. All briefs filed by the parties in the member case (CV 20–67–H–DLC) shall
adhere to the word limitations imposed in the lead case (CV 20–66–H–DLC).
(Doc. 35 at 4). The parties to the member case (CV 20–67–H–DLC) shall attend
and participate in the hearing set for 1:00 P.M. on September 22, 2020, at the
Russel Smith Courthouse in Missoula, Montana.

3

Case 6:20-cv-00066-DLC Document 45 Filed 09/09/20 Page 4 of 4

IT IS FURTHER ORDERED that to the extent the Plaintiff’s Motion to
Expedite (Doc. 4) in the member case (CV 20–67–H–DLC) seeks to establish
different timing or procedures than that set forth above, IT IS DENIED.
DATED this 9th day of September, 2020.

4