Lindell v. United States of America

Background

Michael Lindell and MyPillow, Inc. brought this action after defendants applied for, obtained, and executed a search warrant that led to the September 13, 2022 seizure of a cellular telephone belonging to MyPillow and used by Lindell. The complaint alleges violations of the First, Fourth, and Fifth Amendments. The requested relief included declaring the warrant invalid, returning the telephone and data obtained from the cellular service provider, preventing defendants from accessing data from the telephone, and requiring disclosure of the search-warrant affidavit.

The plaintiffs moved for a temporary restraining order and return of property under Federal Rule of Criminal Procedure 41(g). That motion was later converted into a motion for a preliminary injunction. They also moved for access to materials submitted in support of the search-warrant application. On November 3, 2022, Judge Eric C. Tostrud denied both motions.

Motion to Stay

The parties jointly moved to stay the proceedings while the plaintiffs pursued an anticipated appeal of the order denying the preliminary-injunction motion. No notice of appeal had been filed when this order was issued. The court explained that it could pause proceedings to manage its docket and conserve the court’s and parties’ resources. It found that the anticipated appeal was likely to resolve some legal issues in dispute and that the jointly requested stay would not impose undue hardship.

Disposition

The court granted the Joint Motion to Stay Proceedings During Pendency of Anticipated Appeal. The defendants’ deadline to respond to the complaint was stayed until further order. The defendants need not respond until after appellate proceedings are exhausted and the court establishes a schedule for future proceedings. The action will be stayed once the plaintiffs file a notice of appeal of the November 3 order. The parties must file a joint status report within 30 days after the appellate proceedings are exhausted.