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Berg v. Jaeger, et al.

Docket No. 20200184
Oral Argument: Tuesday, August 4, 2020 3:30 PM

Docket Info

Title
Rick Berg, individually in his capacity as a
resident and elector of the State of North
Dakota, and as Chairman of the North Dakota
Republican Party, Petitioner
v.
Alvin Jaeger, in his capacity as North
Dakota’s Secretary of State, and Travisia
Jonette Minor, A/K/A Travisia Martin, Respondents
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF INJUNCTION (Civil)
Appeal From
Case No.
2020 ND 178
Oral Argument 8/4/2020

Highlight

The supreme court, in exercising its original jurisdiction, may issue a writ of injunction to restrain the commission or continuance of an act.

The five-year residency requirement of N.D. Const. art. V, § 4, relating to holding an executive branch office, does not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

A person’s legal residence is a question of fact.


Briefs

Filing Date Description

Counsel

Party Type Name
RESPONDENT ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
RESPONDENT PRIVATE PRACTICE McLain Joseph Schneider - 06476
PETITIONER PRIVATE PRACTICE Courtney Anne Presthus - 06741
RESPONDENT PRIVATE PRACTICE David C. Thompson - 03921

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/09/2020 PETITION FILED View
2 07/09/2020 PETITIONER'S APPENDIX
3 07/13/2020 Rec'd $125 filing fee
4 07/16/2020 Matthew A. Sagsveen appeared as counsel for Alvin Jaeger
5 07/17/2020 MOTION TO JOIN TRAVISIA JONETTE MINOR, A/K/A TRIVISIA MARTIN AS A NECESSARY PARTY BY RESPONDENT View
6 07/17/2020 Rec'd copies of PTF and ATA from CSD
7 07/19/2020 Request for Radio/TV Coverage
8 07/20/2020 ACTION BY CLERK (The Bismarck Tribune, KFYR-TV and KXMB-TV) - Granted
9 07/20/2020 Response Filed Regarding Indispensible Party by Respondent View
10 07/21/2020 ACTION BY SUPREME COURT (Motion to Join) - Granted
11 07/22/2020 Response Filed to Petition View
12 07/24/2020 Rec'd 5 copies of RSP from CSD
13 07/28/2020 Notice of Appearance by David C. Thompson and MacLain Joseph Schneider for Travisia Martin
14 07/28/2020 Received proof of service of the petition on Travisia Jonette Minor, A/K/A Travisia Martin
15 08/03/2020 Response Filed to Petition by Minor A/K/A Martin View
16 08/04/2020 APPEARANCES: Courtney A. Presthus; Matthew A. Sagsveen; David C. Thompson; McLain J. Schneider
17 08/04/2020 ARGUED: Courtney A. Presthus; Matthew A. Sagsveen;McLain J. Schneider
18 08/04/2020 ORAL ARGUMENT WEBCAST
19 08/06/2020 Supreme Court Order for Evidentiary Hearing View
20 08/11/2020 Respondent's Exhibit and Witness Lists View
21 08/11/2020 Petitioner's Exhibit and Witness Lists View
22 08/14/2020 District Court Order Regarding Assigned Factual Findings View
23 08/21/2020 ELECTRONIC TRANSCRIPT DATED August 12, 2020
24 08/26/2020 DISPOSITION
25 08/26/2020 UNANIMOUS OPINION : Per Curiam View
26 08/26/2020 By Order of the Court, costs to neither party
27 09/10/2020 Judgment Sent to Parties
28 09/17/2020 File Closed