Principal pleadings, briefs and Orders of Court in Kerr v. Hickenlooper,
now Kerr v. Polis [in chronological order]
BEFORE THE U.S. DISTRICT COURT FOR COLORADO Civil Action No. 11-cv-1350-WJM-BNB
Original Complaint, filed May 23, 2011
Substituted Complaint, filed June 3, 2011
Defendant's Motion to Dismiss, filed August 15, 2011
Plaintiffs' Brief in Opposition to Motion to Dismiss, filed October 11, 2011
Defendant's Reply Brief, filed November 18, 2011
Plaintiffs' Motion for Oral Argument on Motion to Dismiss, filed November 27, 2011
Defendant's Brief in Opposition to Motion for Oral Argument, filed December 5, 2011
Order for Oral Argument on Motion to Dismiss, December 13, 2011
Order for Supplemental Briefing on Standing, February 17, 2012
Plaintiffs' Brief on Standing, filed March 16, 2012
Defendant's Brief on Standing, filed March 16, 2012
Motion for Leave to file Second Amended Complaint, filed March 28, 2012
Second Amended Complaint, filed March 28, 2012
Court Opinion & Order denying Motion to Dismiss as to most claims, filed July 30, 2012
Defendant's Answer to Complaint filed August 13, 2012
Pleadings and Orders Re Interlocutory Appeal under 28 USC 1292(b)
Defendant's Motion for Certification for Interlocutory Appeal under 28 USC 1292(b), filed August 10, 2012
Order for Response to Motion for Certification for Interlocutory Appeal, August 13, 2012
Plaintiffs' Brief in Response (Opposition) to Motion for Certification for Interlocutory Appeal, filed August 24, 2012
Defendant's Reply Brief in Support of Motion for Certification for Interlocutory Appeal, filed August 31, 2012
Court Order granting Motion for Certification entered September 21, 2012
ON REMAND TO THE U.S. DISTRICT COURT FOR COLORADO Civil Action No. 11-cv-1350-RM-NYW
Third Amended Substitute Complaint for Injunctive and Declaratory Relief, filed October 3, 2016, & Ex.A
Fourth Amended Substitute Complaint, filed December 6, 2016
Defendant's Motion to Dismiss, filed December 16, 2016
Plaintiffs' Brief in Opposition to Motion to Dismiss, filed February 14, 2017
Appendices to Brief in Opposition
Defendant's Reply Brief Supporting Motion, filed March 7, 2017
Court Order granting Defendant's Motion to Dismiss, issued May, 4, 2017
Plaintiffs' Notice of Appeal to the 10th Circuit, filed June 2, 2017
BEFORE THE U. S. COURT OF APPEALS FOR THE 10TH CIRCUIT
Defendant's 1292(b) Petition to U. S. Court of Appeals for 10th Circuit, filed September 28, 2012
Plaintiffs' Answer to 1292(b) Petition, filed October 12, 2012
Defendant's Reply to Answer, filed October 19, 2012
Order granting Petition, entered November 6, 2012
Governor's Opening Brief, filed February 1, 2013
Addenda to Governor's Opening Brief
Plaintiffs' Response to Governor's Opening Brief filed April 10, 2013
Governor's Reply Brief field May 13, 2013
Notice re oral argument set for September 23, 2013, at 9 AM
Plaintiffs' submission of supplemental authorities under Rule 28(j)
Defendant's response re supplemental authority
Defendant's submission of supplemental authority under Rule 28(j)
Plaintiffs' response re supplemental authority
Transcript of September 23, 2013, oral argument
Defendant's Second Citation of Supplemental Authorities, November 22, 2013
Plaintiffs' Response to Governor's Second Citation of Supp. Auth., December 16, 2013
10th Circuit Panel Decision Affirming District Court Denial of Defendant's Motion to Dismiss March 7, 2014
Defendant's Petition for Rehearing En Banc, April 4, 2014
Plaintiffs' Response to Petition for Rehearing en banc, May 7, 2014
10th Circuit Order Denying Petition for Rehearing, with Dissents, July 22, 2014
Pleadings and Orders on remand from Supreme Court
Briefing Order on Remand from Supreme Court, issued July 1, 2015
Order vacating prior judgment, per GVR Order of Supreme Court, issued August 3, 2015
Plainitffs'-Appellees' Opening Brief on Remand, July 31, 2015
Defendant-Appellant's Opening Brief on Remand, July 31, 2015
Defendant-Appellant's Response brief, filed August 20, 2015
Plaintiffs-Appellees' Response Brief, filed August 20, 2015
Order vacating prior judgment, denying standing for legislators, remanding to
District Court re standing of other plaintiffs, issued June 3, 2016
Plaintiffs-Appellees' Petition for Rehearing, filed July 8, 2016
10th Circuit Panel Order Denying Petition for Rehearing, July 19, 2016
Pleadings and Orders on Appeal 17-1192
Plaintiffs-Appellants' Opening brief, filed September 27, 2017
Defendant-Appellee's Response Brief, filed November 27, 2017
Plaintiffs-Appellants' Reply Brief, filed January 10, 2018
10th Circuit Panel Decision (2-1, Judge Seymour for the Court, Judge Holmes dissenting), finding standing,
reversing and remanding, filed July 22, 2019 [pdf]
BEFORE THE UNITED STATES SUPREME COURT NO. 14-460
Defendant/Petitioner's Petition for Writ of Certiorari filed October 17, 2014
Plaintiffs/Respondents' Brief in Opposition to Petition filed November 21, 2014
Defendant's Reply Brief, filed December 2, 2014
Order [GVR] Remanding to 10th Circuit, June 30, 2015
BY AMICI CURIAE
before the District Court
Brief of Amicus Independence Institute on Motion to Dismiss, filed August 22, 2011
Brief of Amici Constitutional Law Professors on Motion to Dismiss, filed February 1, 2012
before the Court of Appeals for the 10th Circuit
Brief of the Independence Inst. and the Cato Inst., filed February 8, 2013
Brief of D'Arcy Straub, pro se, filed February 8, 2013
Brief of Republican Legislators and Colorado Union of Taxpayers, filed February 11, 2013
Brief of NFIB, et al., filed February 12, 2013
Brief of Colorado Parent Teacher Association, filed April 17, 2013
Brief of Colo. Chpt. Amer. Ass'n of Pediatric Physicians & Colo. Nonprofits Ass'n, filed April 17, 2013
Brief of The Bell Policy Center & Colorado Fiscal Institute, filed April 17, 2013
Brief of Colo. Ass'n of School Bds. & Colo. Ass'n of School Execs., filed April 17, 2013
Appendix to CASB-CASE brief
Brief of the Center on Budget & Policy Priorities, filed April 17, 2013
Brief of Constitutional Law Professors, filed April 17, 2013
Brief of Amicus Colorado General Assembly, filed April 26, 2013
On remand from the Supreme Court
Brief of Colorado Union of Taxpayers and Republican Legislators, filed July 31, 2015
Brief of NFIB et al., filed July 31, 2015
Brief of States of Texas, Idaho, Indiana and Michigan, filed July 31, 2015
Brief of Center for Constitutional Jurisprudence, filed July 31, 2015
On Appeal 17-1192
Brief of Colo. Ass'n of School Bds. & Colo. Ass'n of School Execs., October 4, 2017
Brief of Colo. Union of Taxpayers & Mt. States Legal Fnd., December 4, 2017
before the United States Supreme Court No. 14-460
Brief of Cato Institute, filed November 20, 2014
Brief of Mountain States Legal Foundation et al., filed November 20, 2014
Brief of NFIB et al., filed November 20, 2014
Brief of Texas AG et al., filed November 20, 2014
Brief of Center for Constitutional Juris., et al., filed November 20, 2014