This case was last updated from U.S. District Courts on 12/17/2022 at 08:05:30 (UTC).

Hunter et al v. Page County, Iowa et al

Case Summary

On 10/18/2022 Hunter filed a Constitutional and Civil Rights - State Statute Constitutionality lawsuit against Page County, Iowa. This case was filed in U.S. District Courts, Iowa Southern District Court. The Judges overseeing this case are Robert W. Pratt and Helen C. Adams. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-cv-00017

  • Filing Date:

    10/18/2022

  • Case Status:

    Open

  • Case Type:

    Constitutional and Civil Rights - State Statute Constitutionality

Judge Details

Presiding Judge

Robert W. Pratt

Referral Judge

Helen C. Adams

 

Party Details

Plaintiffs

James Hunter

Sheri Hunter

Bradley Hutchison

Katherine Hutchison

Susan Kelley

William McConnell

Cindy O'Hearn

Michael O'Hearn

Barbara Oliver

James Rine

Attorney/Law Firm Details

Plaintiff Attorneys

Shawn Shearer

Theodore F. Sporer

Other Attorneys

Jason Michael Craig

Emily Kolbe

Maria Evelyne Brownell

Brant Michael Leonard

Bret Alan Dublinske

Kristy Dahl Rogers

Robert M. Livingston

 

Court Documents

#64

(#64) REPLY re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.(Shearer, Shawn) (Entered: 12/16/2022)

#63

(#63) RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Replies due by 12/22/2022.(Craig, Jason) (Entered: 12/15/2022)

#62

(#62) RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho Response to Objection to Order Granting Motion for Leave to File Motion to Dismiss filed by Shenandoah Hills Wind Project, LLC. Replies due by 12/22/2022.(Rogers, Kristy) (Entered: 12/15/2022)

61 #2

Exhibit B- Blackstone Investment in SHW

61 #61

Main Document

54 #1

Brief in Support

54 #54

Main Document

53 #1

Brief in Support

53 #53

Main Document

1 #15

Petitioners' Condition Reply in Support of Motion for Ex Parte Temporary R

1 #12

Proposed Intervenor's Reply in Support of Motion to Intervene with Attachm

1 #11

Petitioners' Resistance to Motion to Intervene with Attachments

1 #10

Motion to Intervene by Shenandoah Hills Wind Project, LLC

1 #7

Order Setting Hearing on Pending Motions for November 1, 2022

1 #6

Return of Service of Motion for Ex Parte Temporary Restraining Order

1 #5

Return of Original Notice

1 #4

Order for Individual Case Assignment

1 #1

Local Rule 81(a) Removal Information Form

91 More Documents Available

 

Docket Entries

12/16/2022
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Docket(#64) REPLY re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.(Shearer, Shawn) (Entered: 12/16/2022)

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12/15/2022
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Docket(#63) RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Replies due by 12/22/2022.(Craig, Jason) (Entered: 12/15/2022)

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12/15/2022
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Docket(#62) RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho Response to Objection to Order Granting Motion for Leave to File Motion to Dismiss filed by Shenandoah Hills Wind Project, LLC. Replies due by 12/22/2022.(Rogers, Kristy) (Entered: 12/15/2022)

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12/15/2022
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Docket(#61) RESPONSE to Motion re #54 MOTION to Dismiss filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Replies due by 12/22/2022. (Attachments: #1 Exhibit A - Motion to Extend Time, #2 Exhibit B- Blackstone Investment in SHW)(Shearer, Shawn) (Entered: 12/15/2022)

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12/15/2022
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Docket(#60) NOTICE by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes re 58 Order Setting Hearing on Motion, Request for Hearing on Additional Pending Motions. (Shearer, Shawn) (Entered: 12/15/2022)

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12/15/2022
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Docket(#59) PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION TO REMAND #33 by attorney for James Hunter et al. (vr) (Entered: 12/15/2022)

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12/13/2022
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Docket(#58) TEXT ORDER Setting Hearing on #40 MOTION to Remand and Joinder in Plaintiffs' Motion to Remand, #33 MOTION to Remand to State Court and/or In the Alternative, Abstain, Remand in Part & Stay : Motion Hearing set for 1/6/2023 at 1:30 PM by Phone (RWP). Counsel shall call 1-877-336-1828 and enter code 9317033. Hearing will be held before Senior Judge Robert W. Pratt. Signed by Senior Judge Robert W. Pratt on 12/13/2022. (kjc) (Entered: 12/13/2022)

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12/12/2022
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Docket(#57) TEXT ORDER granting #55 Motion to file overlength brief. Clerk to detach and file Plaintiffs' reply brief in support of their motion to remand, ECF 55-1. Signed by Chief Magistrate Judge Helen C. Adams on 12/12/2022. (amp) (Entered: 12/12/2022)

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12/08/2022
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Docket(#56) MOTION for Summary Judgment on Part of Plaintiffs' Declaratory Judgment Claims by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Responses due by 12/29/2022. (Attachments: #1 Brief in Support, #2 Statement of Undisputed Facts, #3 Appendix)(Shearer, Shawn) (Entered: 12/08/2022)

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12/07/2022
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Docket(#55) Unresisted MOTION to file overlength brief Reply in Support of Motion to Remand #33 by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 12/21/2022. (Attachments: #1 Proposed Reply Brief, #2 Exhibit D to Proposed Brief)(Shearer, Shawn) (Entered: 12/07/2022)

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44 More Docket Entries
10/25/2022
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Docket(#10) PUBLIC DOCKET ANNOTATION: Per Text Order 9 response and reply deadlines terminated for #2 Motion to Intervene and #5 Motion for Temporary Restraining Order. (kjw) (Entered: 10/25/2022)

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10/25/2022
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Docket(#9) TEXT ORDER. The #2 Motion to Intervene and #5 Motion for Ex Parte Temporary Restraining Order were briefed in the state court proceeding and the Court can and will rely on those briefs in ruling on the pending motions. If any party or the proposed intervenor want to file any further briefing with respect to either of those motions, they must file a motion requesting the Court's permission. The Court noticed a reference to a Motion to Strike in the pending motions, but the Court does not find that motion in the current federal docket. If the parties want a ruling on that motion, the motion and all briefing in the state court proceeding needs to be refiled in this federal litigation by no later than 10/27/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/25/2022. (amp) (Entered: 10/25/2022)

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10/18/2022
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Docket(#8) Summons: Counsel should download the attached summons in compliance with Rule 4 of the Rules of Civil Procedure for summons. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#7) REPLY re #5 MOTION for Temporary Restraining Order filed by Plaintiffs. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#6) RESPONSE to Motion re #5 MOTION for Temporary Restraining Order filed by Shenandoah Hills Wind Project, LLC. Replies due by 10/25/2022. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#5) MOTION for Temporary Restraining Order by Plaintiffs. Responses due by 11/1/2022. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#4) REPLY re #2 MOTION to Intervene filed by Shenandoah Hills Wind Project, LLC. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#3) RESPONSE to Motion re #2 MOTION to Intervene filed by Plaintiffs. Replies due by 10/25/2022. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#2) MOTION to Intervene by Shenandoah Hills Wind Project, LLC.Motions referred to Helen C. Adams. Responses due by 11/1/2022. (kjw) (Entered: 10/18/2022)

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10/18/2022
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Docket(#1) NOTICE OF REMOVAL by Board of Supervisors of Page County, Iowa, Page County, Iowa from Iowa District Court for Page County, case number EQCV105928. Filing fee paid in the amount of $ 402, receipt number AIASDC-4957005., filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Rule 16 Notice of Dismissal set for 1/16/2023. (Attachments: #1 Local Rule 81(a) Removal Information Form, #2 Petition for Writs of Certiorari, Orders of Mandamus, Declaratory Judgment, and Temporary and Permanent Injunctions, #3 Original Notice, #4 Order for Individual Case Assignment, #5 Return of Original Notice, #6 Return of Service of Motion for Ex Parte Temporary Restraining Order, #7 Order Setting Hearing on Pending Motions for November 1, 2022, #8 Order Granting Extension of Time to Respond and Continuing Hearing on Motion for Temporary Injunction to November 15, 2022, #9 Order for Expanded Media Coverage, #10 Motion to Intervene by Shenandoah Hills Wind Project, LLC, #11 Petitioners' Resistance to Motion to Intervene with Attachments, #12 Proposed Intervenor's Reply in Support of Motion to Intervene with Attachment, #13 Petitioners' Motion for Ex Parte Temporary Restraining Order with Supporting Affidavit and Exhibits, #14 Proposed Intervenor's Resistance to Motion for Ex Parte Temporary Restraining Order, #15 Petitioners' Condition Reply in Support of Motion for Ex Parte Temporary Restraining Order)(Craig, Jason) (Entered: 10/18/2022)

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