1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

Libertarian Party of Illinois, et al., ) 

 ) 

 Plaintiffs, ) Case No.: 20-cv-2112 

 ) 

 vs. ) Hon. Charles R. Norgle, Sr., 

 ) Presiding Judge 

 ) 

J.B. Pritzker, et al., ) Hon. Jeffrey Cummings, 

 ) Magistrate Judge 

 Defendants. ) 

DEFENDANTS’ RESPONSE TO INTERVENOR KOPITKE’S MOTION 

TO DENY STIPULATION TO DISMISS OR IN THE ALTERNATIVE FOR 

THIS COURT TO RETAIN JURISDICTION TO DECIDE 

ANY PETITION FOR ATTORNEYS’ FEES AND COSTS 

 Defendants, through their attorney Kwame Raoul, Attorney General of Illinois, submit 

the following response to Intervenor Kopitke’s motion to deny the stipulation to dismiss or in the 

alternative for this Court to retain jurisdiction to decide any petition for attorneys’ fees and costs 

(Dkt. 85). 

 On April 2, 2020, Plaintiffs Libertarian Party of Illinois, Illinois Green Party, Sheldon 

Schafer, Richard Whitney, William Redpath, Bennett Morris, and Marcus Throneburg 

(“Plaintiffs”) filed this action and sought emergency relief with respect to the November 3, 2020 

general election given the extraordinary circumstances presented by the pandemic and the 

consequent stay-at-home orders. Dkt. 1, 2. On April 13, 2020, Intervenor Kyle Kopitke filed a 

motion to intervene in the case as a plaintiff. Dkt. 7. Plaintiffs opposed Intervenor Kopitke’s 

motion (Dkt. 12), while Defendants took no position. Dkt. 15 at 1. As the emergency judge, 

Judge Pallmeyer granted Intervenor Kopitke’s motion to intervene (Dkt. 21) and granted 

preliminary injunctive relief to Plaintiffs and Intervenor Kopitke. Dkt. 27. The preliminary 

Case: 1:20-cv-02112 Document #: 88 Filed: 03/26/21 Page 1 of 3 PageID #:1003
2 

injunction motion was amended on reconsideration (Dkt. 36). The injunctive relief provided by 

the Court remained in effect for the November 3, 2020 election. 

 Given the passing of the November 2020 election, Plaintiffs and Defendants agreed that 

no further briefing was necessary on the merits of the action. Dkt. 82. Plaintiffs and Defendants 

reached a negotiated resolution of Plaintiffs’ claims, and Plaintiffs filed a stipulation of dismissal 

of their claims on March 2, 2021. Dkt. 84. 

 There is no basis for the Court to deny the stipulation to dismiss. All parties agree that the 

underlying claims in this case are moot given the passage of the November 2020 election. 

Indeed, Intervenor Kopitke does not argue that there are any remaining issues to be resolved 

relating to the merits of his case; rather, he argues only that he should be allowed to file a 

petition to recover attorneys’ fees. Dkt. 85 ¶¶ 6-9. But Local Rule 54.3(b) provides that, in 

general, a party may file a petition for attorneys’ fees up to 91 days after the entry of judgment in 

a case. 

 Defendants do not agree that Intervenor Kopitke “has a right to recover his attorneys’ 

fees and costs” (Dkt. 85 ¶ 8) in this case. But Defendants do agree that Intervenor Kopitke has 

the right to submit a petition to the Court for such attorneys’ fees, subject to the requirements of 

Local Rule 54.3. Once Defendants have received that petition, they will evaluate that petition 

and respond accordingly. Thus, the Court need not delay dismissing this case because Intervenor 

Kopitke wishes to submit an attorneys’ fees petition. 

WHEREFORE, the Defendants respectfully request that this Court deny Intervenor 

Kopitke’s motion to deny the stipulation to dismiss and dismiss this action in its entirety, without 

prejudice to Intervenor Kopitke’s ability to file a petition for attorneys’ fees and costs. 

Case: 1:20-cv-02112 Document #: 88 Filed: 03/26/21 Page 2 of 3 PageID #:1004
3 

 Respectfully submitted, 

KWAME RAOUL 

Attorney General of Illinois By: /s/ Sarah H. Newman

 Sarah H. Newman 

 Erin Walsh 

 Michael Dierkes 

 Assistant Attorneys General 

 100 W. Randolph Street, 13th Floor 

 Chicago, Illinois 60601 

 312-814-6131 

 312-814-6122 

 312-814-3672 

 snewman@atg.state.il.us

ewalsh@atg.state.il.us 

mdierkes@atg.state.il.us

Counsel for Defendants 

Case: 1:20-cv-02112 Document #: 88 Filed: 03/26/21 Page 3 of 3 PageID #:1005