CASE 0:19-cv-01122-WMW-LIB Doc.

57 Filed 12/01/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

THE SATANIC TEMPLE CASE NO. 19-CV-01122 (WMW/LIB)

PLAINTIFF, Hearing on Dec. 15, 2020 at 1:30 pm

V. TST’S MOTION TO COMPEL

CITY OF BELLE PLAINE, MN

DEFENDANT.

COMES NOW Plaintiff, by and through counsel of record, on motion to compel

pursuant to FRCP 37 and Local Rule 37.1.

1. Even as the pleadings currently stand, this case turns on whether equity demands

the City abide by its promise to permit TST installed the Display in the Veterans

Park for one year.

2. The City is liable if the exclusion was done in bad faith (e.g. because of viewpoint

or religious discrimination). If the City had a good faith basis for exclusion, the

City is not liable.

3. Thus, why the City excluded TST is the core question of this case. This is true

even if the Court does not grant leave to correct the pleading deficiencies of the

constitutional issues.

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4. The problem is that the City has obstructed all discovery on why the City

excluded TST, despite Counsel’s efforts to convince the City that this was the

core question of the litigation. See Doc. 53-1 at Exhibits 4-6 and 9 (Counsel’s

original letters included searchable text; it is unclear why the City modified the

originals to preclude searching).

5. The discovery in dispute centers on the following issues:

(a) The City unilaterally canceled depositions of Councilmember Coop and

Mayor Meyer;

(b) The City unilaterally canceled the deposition of the City Attorney and

withheld the City Attorney’s file without producing a privilege log;

(c) The City unilaterally canceled its own deposition;

(d) The City withheld internal records about TST and the Display; and

(e) The City withheld external communications between the City and third

parties.

WHEREFORE Plaintiff prays this Court enter an order as follows:

1. The City shall produce Councilmember Coop, Mayor Meyer, and the City

Attorney for depositions;

2. The City shall produce the City Attorney’s file;

3. The City shall produce all internal records and external communications

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about TST, the Display, or the Veterans Park controversy; and

4. The City shall compensate TST for having to bring this matter to the Court’s

attention.

Respectfully submitted on December 1, 2020,

on behalf of The Satanic Temple
By: /s/ Matthew A. Kezhaya
Matthew A. Kezhaya, ABA# 2014161

100 S. Fifth Street, 19th Floor

Minneapolis, MN 55402
phone: (479) 431-6112
facsimile: (479) 282-2892
email: matt@kezhaya.law

ROBERT R. HOPPER AND ASSOCIATES, LLC

/s/Jason S. Juran
Jason S. Juran, Esq. (MN # 397935)
Robert R. Hopper, Esq. (MN # 208760)
333 S. Seventh Street, Suite 2450
Minneapolis, MN 55402
P: (612) 455-2199
F: (612) 455-1689
E: jasonjuran@robertrhopper.com
E: robert.hopper@robertrhopper.com

CERTIFICATE AND NOTICE OF SERVICE

NOTICE IS GIVEN that I, Matthew A. Kezhaya, e-filed the foregoing document by

uploading it to the Court’s CM/ECF system on December 1, 2020 which sends service
to registered users, including all other counsel of record in this cause.

/s/ Matthew A. Kezhaya

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 CASE 0:19-cv-01122-WMW-LIB Doc. 57-1 Filed 12/01/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

THE SATANIC TEMPLE, INC. CASE NO. 19-CV-01122 (WMW/LIB)

PLAINTIFF,

V. LR 7.1(F) CERTIFICATE OF
COMPLIANCE
CITY OF BELLE PLAINE, MN

DEFENDANT.

I, Matthew A. Kezhaya, certify that this motion to amend complies with the limits

set forth in Local Rule 7.1(f) (12,000 word limit) and (h) (at least 13pt font, double-

spaced, with a 2” margin). The motion is comprised of 1,574 words and was created in

MS Word 365 using Garamond, 14pt font, with a 2” margin. Headers are in 14pt

Century Schoolbook.

Respectfully submitted on December 1, 2020,

on behalf of Plaintiffs
By: /s/ Matthew A. Kezhaya
Matthew A. Kezhaya, ABA# 2014161

100 S. Fifth Street, 19th Floor

Minneapolis, MN 55402
phone: (479) 431-6112
facsimile: (479) 282-2892
email: matt@kezhaya.law

19-cv-1122 – Rule 7.1(f) Certification Page 1 of 1