Last Updated: January 4, 2011 at 10:30 AM

Daien v. Ysursa

Case Information

Date Filed: January 21, 2009
State: Idaho
Issue: Ballot Access
Courts that Heard this Case: U.S. District Court for the District of Idaho (Case 1:09-cv-00022)

Issue:

Whether Idaho laws on ballot access are in violation of the 1st and 14th Amendments in their application to independent candidates.

Status:

Order denying Defendant's motion and granting Plaintiff's motion for summary judgment entered 4/19/10.  Judgment in accordance with the Memorandum Decision and Order entered 5/5/10.  Motion for Attorney's Fees filed 6/18/10.

Federal District Court Documents

• Complaint (filed 1/21/09)
• ORDER granting in part and denying in part Motion to Waive the Local Counsel Requirements of Local Rule 83.4(a) and for Approval to Use the ECF Login and Password Obtained in Previous Case; denying without prejudice Motion for Pro Hac Vice Appearance. (entered 2/09/09)
• Notice of Hearing: Telephonic Scheduling Conference set for 4/7/09 (entered 3/09/09)
• NOTICE of Assignment to Magistrate Judge and Requirement for Consent (entered 3/23/09)
• Answer (filed 3/31/09)
• CASE MANAGEMENT ORDER (entered 4/14/09)
  • Amended Pleadings due by 5/29/2009.
  • Joinder of Parties due by 5/29/2009.
  • Factual Discovery due by 8/7/2009.
  • Dispositive Motions due by 9/8/2009.
  • This matter is referred to Chief Magistrate Judge Candy W. Dale for the purpose of conducting a settlement conference by 8/14/2009.
• Motion to Amend Scheduling Order (filed 7/21/09)
• Order Granting Motion to Amend Case Management Order: The Case Management Order is amended to require the settlement conference shall occur prior to trial but no later than January 31, 2010. (entered 7/28/09)
• Motion to Continue Settlement Conference Scheduled for August 4th (filed 7/28/09)
• Motion to Continue Settlement Conference Granted (entered 7/30/09)
• Motion for Summary Judgment filed by Ysursa (filed 9/8/09)
• Motion for Summary Judgment filed by Daien (filed 9/8/09)
• Defendant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (filed 10/2/09)
• Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment (filed 10/2/09)
• Reply to Response to Motion for Summary Judgment filed by Daien (filed 10/22/09)
• Reply to Response to Motion for Summary Judgment filed by Ysursa (filed 10/22/09)
• Hearing Scheduled for Motion for Summary Judgment (entered 11/3/09)
• Motion Hearing Held (1/7/10)
• ORDER denying Defendant's Motion for Summary Judgment; granting Plaintiff's Motion for Summary Judgment (entered 4/19/10)
• Memorandum Decision and Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendant's Motion for Summary Judgment (entered 5/5/10)
• Judgment in accordance with the Memorandum Decision and Order (entered 5/5/10)
• Motion for Attorney's Fees (filed 6/18/10)
  • Memorandum in Support of Motion for Attorney's Fees
  • Exhibit A, B, C, D, E, F, G, H-1, H-2, H-3, H-4, H-5, H-6, H-7, H-8
  • Affidavit of Allen Ellis, Affidavit of Christ Troupis
• Motion in Opposition to Plaintiff's Motion for Attorney's Fees (filed 7/12/10)