Case: Perdue v. Individual Members of the Indiana State Board of Law Examiners

1:09-cv-00842 | U.S. District Court for the Southern District of Indiana

Filed Date: July 7, 2009

Clearinghouse coding complete

Case Summary

On July 7, 2009, a member of the Illinois bar who sought to join the Indiana bar filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, under § 1983 and the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), against members of the Indiana State Board of Law Examiners. The plaintiffs, who were represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging that the state agency violated their rights by making unnecessary in…

On July 7, 2009, a member of the Illinois bar who sought to join the Indiana bar filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, under § 1983 and the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), against members of the Indiana State Board of Law Examiners. The plaintiffs, who were represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging that the state agency violated their rights by making unnecessary inquiries into mental health history and placing additional burdens on individuals with disabilities during the process of admission to the bar.

Specifically, the plaintiffs alleged that the application to the Indiana bar asks a number of intrusive questions concerning each applicant's mental health. If an applicant answers affirmatively to any of the questions, the applicant must disclose information about his or her mental health treatment and submit to further evaluation. The named plaintiff ("Jane Doe") had applied for admission to the Indiana bar. As part of her application, she disclosed that she had been diagnosed with an emotional disorder and was undergoing treatment. She provided further information at the request of the state bar, including a statement from an expert that the disability would have no relevance to her ability to practice law. She later withdrew her application before any determination was made by the state bar.

The defendants filed a motion to dismiss the plaintiff's complaint arguing that the court lacked jurisdiction. On December 8, 2009, the court (Judge William T. Lawrence) denied the motion, finding the court to have jurisdiction over the claim. 2009 WL 4841113.

Although the plaintiff had initially filed the lawsuit under a pseudonym, the court denied her request to proceed with a pseudonym. 2009 WL 2448468. On January 27, 2010, the plaintiff filed an amended complaint, in which the ACLU of Indiana and the now named plaintiff sought to represent a class of similarly situated individuals.

On January 29, 2010, the court entered an order regarding class certification. The court granted class certification with the individual plaintiff as class representative but denied the ACLU's request to act as class representative on the grounds that the court could not determine whether the ACLU had standing. 266 F.R.D. 215. On March 25, 2010, the court determined that the ACLU did have standing, and therefore granted a renewed request to be appointed class representative.

On June 25, 2010, the case was reassigned to Judge Tanya Walton Pratt. The parties filed cross-motions for summary judgment. On September 20, 2011, Judge Pratt granted in part and denied in part the motions. 2011 WL 4387470. Specifically, she found that there was no dispute of fact that one of the three questions on the bar application violated the ADA. The parties agreed that in light of the summary judgment decision, that a final judgment from the court was appropriate.

On October 6, 2011, Judge Pratt entered a judgment permanently enjoining defendants from inquiring whether applicants had been diagnosed with or treated for "any mental, emotional, or nervous disorders." On June 21, 2012, Judge Pratt ordered the case to be closed after the parties filed a Joint Notice Concerning Settlement of Attorneys' Fee and Costs Claims. The Clearinghouse does not know how much the plaintiffs obtained in fees.

There was sporadic subsequent docket activity. In 2014 and 2018, an individual asked the court for relief from Indiana's alleged violations of the injunction. The court denied both motions, stating that in no circumstance could the individual be entitled to the relief requested. 2015 WL 5316967.

There has been no docket activity since May 9, 2019.

Summary Authors

Priyah Kaul (11/24/2014)

Virginia Weeks (3/16/2018)

Hope Brinn (4/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266419/parties/aclu-of-indiana-indiana-university-school-of-law-indianapolis-chapter/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Lawrence, William T. (Indiana)

Pratt, Tanya Walton (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Craig, Darren Andrew (Indiana)

Overholt, Anthony W. (Indiana)

Other Attorney(s)

Active

Judge(s)

Dinsmore, Mark. J. (Indiana)

Lawrence, William T. (Indiana)

Pratt, Tanya Walton (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Craig, Darren Andrew (Indiana)

Overholt, Anthony W. (Indiana)

Other Attorney(s)

Shaw, Robert M. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

ACLU of Indiana v. Individual Members of the Indiana State Board of Law Examiners

Jan. 25, 2018 Docket

Docket [PACER]

May 8, 2019 Docket
82

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

Jan. 26, 2009 Complaint
1

Class Action Complaint for Declaratory and Injunctive Relief

July 7, 2009 Complaint
60

Entry on Defendant's Motion to Dismiss

Doe v. Individual Members of the Indiana State Board of Law Examiners

2009 WL 4841113

Dec. 8, 2009 Order/Opinion
84

Entry on Amended Motion for Class Certification

266 F.R.D. 215

Jan. 29, 2010 Order/Opinion
188

Entry on Cross Motions for Summary Judgment

ACLU of Indiana v. The Individual Members of the Indiana State Board of Law Examiners

2011 WL 4387470

Sept. 20, 2011 Order/Opinion
189-1

Judgment

Oct. 6, 2011 Order/Opinion
219

Order

ACLU of Indiana v. Individual Members of the Indiana State Board of Law Examiners

June 21, 2012 Order/Opinion
233

Entry on Pending Motions

Perdue v. The Individual Members of the Indiana State Board of Law Examiners

2015 WL 5316967

Sept. 11, 2015 Order/Opinion

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266419/aclu-of-indiana-indiana-university-school-of-law-indianapolis-chapter/

Last updated May 20, 2022, 1:59 a.m.

ECF Number Description Date Link
1

COMPLAINT against THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS filed by JANE DOE. (Attachments: # 1 application)(DH) (Entered: 07/07/2009)

1 application

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July 7, 2009 RECAP
2

CIVIL COVER SHEET filed by Plaintiff, JANE DOE. (DH) (Entered: 07/07/2009)

July 7, 2009 PACER
3

RECEIPT #IP013486 in the amount of $350.00 for filing fee. (DH) (Entered: 07/07/2009)

July 7, 2009 PACER
4

Summons Issued as to THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (DH) (Entered: 07/07/2009)

July 7, 2009 PACER
5

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff, JANE DOE. (DH) (Entered: 07/07/2009)

July 7, 2009 PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 07/07/2009)

July 7, 2009 PACER
7

MOTION to Proeed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name, filed by Plaintiff JANE DOE. (Attachments: # 1 Affidavit "Jane Doe", # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/07/2009)

1 Affidavit "Jane Doe"

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2 Text of Proposed Order

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July 7, 2009 PACER
8

BRIEF/MEMORANDUM in Support re 7 MOTION to Proeed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 07/07/2009)

July 7, 2009 PACER
9

MOTION to Certify Class, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 07/07/2009)

July 7, 2009 PACER
10

BRIEF/MEMORANDUM in Support re 9 MOTION to Certify Class, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 07/07/2009)

July 7, 2009 PACER
11

NOTICE of Appearance by Laura Lee Bowker on behalf of Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 07/13/2009)

July 13, 2009 PACER
12

Unopposed MOTION for Extension of Time to August 26, 2009 to file response to 9 MOTION to Certify Class, 7 MOTION to Proeed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order)(Bowker, Laura) (Entered: 07/14/2009)

1 Text of Proposed Order

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July 14, 2009 PACER
13

ORDER granting defts' 12 Motion for Extension of Time to File Response re 9 MOTION to Certify Class and 7 MOTION to Proeed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name. Response due by 8/26/2009. Signed by Magistrate Judge Tim A. Baker on 7/15/2009. (SWM) Modified on 7/15/2009 (SWM). (Entered: 07/15/2009)

July 15, 2009 PACER
14

NOTICE of Parties' First Extension of Time, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 07/20/2009)

July 20, 2009 PACER
15

MOTION for Preliminary Injunction, filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/27/2009)

1 Text of Proposed Order

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July 27, 2009 PACER
16

BRIEF/MEMORANDUM in Support re 15 MOTION for Preliminary Injunction, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 07/27/2009)

July 27, 2009 PACER
17

RETURN of Service by CMRRR, filed by JANE DOE. THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS served on 7/13/2009. (Falk, Kenneth) (Entered: 07/29/2009)

July 29, 2009 PACER
18

Unopposed MOTION for Extension of Time to August 28, 2009 to file response to 15 MOTION for Preliminary Injunction, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order)(Bowker, Laura) (Entered: 08/04/2009)

1 Text of Proposed Order

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Aug. 4, 2009 PACER
19

ORDER denying pltf's 7 Motion to proceed under an anonymous name and to seal affidavit containing actual name. Pltf shall file an amended complaint w/i 14 days that identifies her by name (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 8/8/09. (SWM) (Entered: 08/10/2009)

Aug. 8, 2009 RECAP
20

ORDER granting defts' 18 Motion for Extension of Time to File Response re 15 MOTION for Preliminary Injunction. Response due by 8/28/2009. Signed by Magistrate Judge Tim A. Baker on 8/10/09. (SWM) (Entered: 08/11/2009)

Aug. 10, 2009 PACER
21

ORDER Setting Settlement Conference and Related Deadlines. SCHEDULING ORDER: Settlement Conference set for 9/4/2009 10:30 AM in room #234 before Magistrate Judge Tim A. Baker. Confidential settlement statements due three business days prior to the conference (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 8/17/09.(SWM) (Entered: 08/18/2009)

Aug. 17, 2009 PACER
22

OBJECTION to Magistrate Judge's Order Denying Plaintiff's Motion to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name -- Motion for the Court to Review and Reverse Magistrate Judge's Decision by JANE DOE. (Falk, Kenneth) (Entered: 08/20/2009)

Aug. 20, 2009 PACER
23

MEMORANDUM re 22 Objection - in Support of Objections to Magistrate Judge's Order Denying Plaintiff's Motion to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name -- Motion for the Court to Review and Reverse Magistrate Judge's Decision, filed by Plaintiff JANE DOE. (Falk, Kenneth) Modified on 8/21/2009 (DWH). (Entered: 08/20/2009)

Aug. 20, 2009 PACER
24

MOTION for Extension of Time to FIle Amended Complaint, filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/20/2009)

1 Text of Proposed Order

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Aug. 20, 2009 PACER
25

RESPONSE in Opposition re 9 MOTION to Certify Class, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 08/26/2009)

Aug. 26, 2009 PACER
26

ORDER granting pltf's 24 Motion for Extension of Time to File amended complaint. IT IS THEREFORE ORDERED that the time within which plaintiff must file an amended complaint that identifies her by name is extended until 14 days after a ruling on her Objections to Magistrate Judge's Order Denying Plaintiffs Motion to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name Motion for the Court to Review and Reverse Magistrate Judge pursuant to Rule 72(a) of the Federal Rules of Civil Procedure, in the event that the Magistrate Judges Order is affirmed. Signed by Magistrate Judge Tim A. Baker on 8/28/2009. (SWM) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
27

MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
28

BRIEF/MEMORANDUM in Support re 27 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
29

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
30

MOTION for Extension of Time to September 30, 2009 to file reply to 15 MOTION for Preliminary Injunction, 9 MOTION to Certify Class, MOTION for Extension of Time to September 30, 2009 to file response to 27 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/01/2009)

1 Text of Proposed Order

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Sept. 1, 2009 PACER
31

RESPONSE in Opposition to Plaintiff's Motion to Proceed Under Pseudonym, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 09/02/2009)

Sept. 2, 2009 PACER
32

NOTICE of Appearance by Donald G. Banta on behalf of Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Banta, Donald) (Entered: 09/03/2009)

Sept. 3, 2009 PACER
33

ORDER granting 30 Motion for Extension of Time to File Reply re 9 MOTION to Certify Class, and 15 MOTION for Preliminary Injunction, ( Reply due by 9/30/2009 ); granting 30 Motion for Extension of Time to File Response 27 MOTION to Dismiss for Lack of Jurisdiction ( Response due by 9/30/2009 ). Signed by Magistrate Judge Tim A. Baker on 9/8/2009. (CBU) (Entered: 09/08/2009)

Sept. 8, 2009 PACER
34

ORDER on 9/4/2009, Settlement Conference. Parties appeared in person and by counsel. Settlement discussions were held, but no settlement was reached. Plaintiffs shall serve an updated settlement demand by September 16, 2009. Defendants shall serve a response promptly following the upcoming Board of Law Examiners meeting. The parties shall submit (not file) courtesy copies of the demand/response to the Magistrate Judge at the time of service. Signed by Magistrate Judge Tim A. Baker on 9/10/2009.(SWM) (Entered: 09/10/2009)

Sept. 10, 2009 PACER
35

REPLY in Support of Motion re 7 MOTION to Proeed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 09/16/2009)

Sept. 16, 2009 PACER
36

Second MOTION for Extension of Time to October 7, 2009 to file reply to 27 MOTION to Dismiss for Lack of Jurisdiction, 15 MOTION for Preliminary Injunction, 9 MOTION to Certify Class UNOPPOSED, filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 9/29/2009 (DWH). (Entered: 09/29/2009)

1 Text of Proposed Order

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Sept. 29, 2009 PACER
37

ORDER granting pltf's 36 Motion for extension of time to file reply in support of motion for preliminary injunction and motion for class certification and response in opposition to motion to dismiss to 10/7/09. Signed by Magistrate Judge Tim A. Baker on 9/30/09. (SWM) (Entered: 10/01/2009)

Sept. 30, 2009 PACER
38

AMENDED COMPLAINT -Class Action against THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS, filed by all plaintiffs. (Attachments: # 1 Bar Application)(Falk, Kenneth) (Entered: 10/07/2009)

1 Bar Application

View on PACER

Oct. 7, 2009 PACER
39

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter. (Falk, Kenneth) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
40

NOTICE of Filing of Affidavits by all plaintiffs (Attachments: # 1 Affidavit Zoe Meier, # 2 Affidavit Jane Doe) (Falk, Kenneth) (Entered: 10/07/2009)

1 Affidavit Zoe Meier

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2 Affidavit Jane Doe

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Oct. 7, 2009 PACER
41

Amended MOTION to Certify Class, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Falk, Kenneth) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
42

BRIEF/MEMORANDUM in Support re 41 Amended MOTION to Certify Class / Reply Memorandum in Support of Motion for Class Certification, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Falk, Kenneth) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
43

RESPONSE in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and Reply Memorandum in Support re 15 Motion for Preliminary Injunction, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Falk, Kenneth) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
44

NOTICE of Correction of Certificate of Service, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE (Falk, Kenneth) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
45

Reassignment of Case to Judge Jane Magnus-Stinson. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:09-cv-0842-WTL-JMS, on all future filings in this matter. (DH) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
46

MOTION for Extension of Time to November 16, 2009 to Respond to Amended Class Action Complaint for Declaratory and Injunctive Relief 38, Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss and Reply Memorandum in Support of Motion for Preliminary Injunction 43, and Plaintiffs Amended Motion for Class Certification 41, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order)(Bowker, Laura) (Entered: 10/15/2009)

1 Text of Proposed Order

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Oct. 15, 2009 PACER
47

ORDER granting 46 Motion for Extension of Time to November 16, 2009 to respond to Plaintiff's pending motions. Signed by Judge Jane Magnus-Stinson on 10/19/2009. (LBK) (Entered: 10/19/2009)

Oct. 19, 2009 PACER
48

SCHEDULING ORDER: This matter is hereby set for a Hearing on Plaintiff Jane Does Motion for Preliminary Injunction (dkt. 15) on Friday, December 18, 2009 at 9:00 a.m. in Courtroom 307 of the Birch Bayh Federal Building and U.S. Courthouse. Signed by Judge William T. Lawrence on 11/3/2009.(JHO) (Entered: 11/03/2009)

Nov. 3, 2009 PACER
49

REPLY in Support of Motion re 27 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
50

RESPONSE in Opposition re 41 Amended MOTION to Certify Class, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
51

ENTRY FOR NOVEMBER 16, 2009. This cause is set for a telephonic discovery conference on November 19, 2009 at 2:00 P.M. Counsel shall call the Court at 317-229-3670. Signed by Judge Jane Magnus-Stinson on 11/16/2009.(MRI) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
52

Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Discovery Conference held on 11/19/2009 and parties address Plaintiff's discovery seeking certain anonymous information concerning bar applicants. Defendants will file a motion for protective order by November 30, 2009 addressing both the confidentiality and burden claims. Plaintiff will file a quick response, no reply is necessary. Plaintiff will file a brief sur-reply concerning Defendants' motion to dismiss in light of recent amendments to the complaint also by November 30, 2009. (SWM) (Entered: 11/20/2009)

Nov. 19, 2009 PACER
53

Surreply re 27 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Affidavit Jane Doe (Supplemental))(Falk, Kenneth) (Entered: 11/30/2009)

1 Affidavit Jane Doe (Supplemental)

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Nov. 30, 2009 PACER
54

MOTION for Protective Order, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
55

BRIEF/MEMORANDUM in Support re 54 MOTION for Protective Order and in Opposition to Motion to Compel, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
56

REPLY in Support of Motion re 41 Amended MOTION to Certify Class, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Affidavit Zoe Meier (Supplemental), # 2 Exhibit Interrogatories)(Falk, Kenneth) (Entered: 11/30/2009)

1 Affidavit Zoe Meier (Supplemental)

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2 Exhibit Interrogatories

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Nov. 30, 2009 PACER
57

RESPONSE in Opposition re 54 MOTION for Protective Order, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Response to Interrogatories, # 2 Indiana Bar Exam Statistics)(Falk, Kenneth) (Entered: 12/01/2009)

1 Response to Interrogatories

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2 Indiana Bar Exam Statistics

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Dec. 1, 2009 PACER
60

ENTRY ON DEFENDANTS' MOTION TO DISMISS: For the foregoing reasons, the Defendants' Motion to Dismiss 27 is DENIED **SEE ENTRY**. Signed by Judge William T. Lawrence on 12/8/2009. (DWH) (Entered: 12/10/2009)

Dec. 8, 2009 RECAP
58

MOTION for Continuance, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Continuance)(Bowker, Laura) (Entered: 12/10/2009)

1 Text of Proposed Order Order Granting Motion for Continuance

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Dec. 10, 2009 PACER
59

BRIEF/MEMORANDUM in Support re 58 MOTION for Continuance, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Bowker, Laura) (Entered: 12/10/2009)

Dec. 10, 2009 PACER
61

ORDER ON DEFENDANTS' MOTION FOR CONTINUANCE: GRANTED 58 Motion for Continuance. The hearing currently scheduled for Friday, December 18, 2009, is VACATED to be reset under separate Order. Signed by Judge William T. Lawrence on 12/11/2009. (DWH) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
62

NOTICE of Appearance by Darren Andrew Craig on behalf of Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Craig, Darren) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
63

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Overholt, Anthony) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
64

REPLY in Support of Motion re 54 MOTION for Protective Order, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Craig, Darren) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
65

MOTION of Withdrawal of Appearance by Laura L. Bowker on behalf of THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS (Attachments: # 1 Text of Proposed Order Granting Withdrawal for Bowker) (Bowker, Laura) Modified on 12/15/2009 (DWH). (Entered: 12/14/2009)

1 Text of Proposed Order Granting Withdrawal for Bowker

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Dec. 14, 2009 PACER
66

MOTION to Withdraw as Attorney, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order)(Banta, Donald) (Entered: 12/14/2009)

1 Text of Proposed Order

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Dec. 14, 2009 PACER
67

ENTRY for 12/14/2009: Presently before the Court is Defendants' Motion for Protective Order (the Motion). [Dkt. 54.] After having reviewed the parties' submissions, the Court concludes that oral argument is appropriate. Accordingly, the Motion is set for oral argument on December 28, 2009 at 9:00 a.m. in Room 349, United States Courthouse, Indianapolis, Indiana. Defendants will be permitted twenty minutes for opening argument, and five minutes for a reply. Plaintiff will be permitted twenty minutes for a response argument. Signed by Judge Jane Magnus-Stinson on 12/14/09.(SWM) (Entered: 12/15/2009)

Dec. 14, 2009 PACER
68

Unopposed MOTION to Reset Oral Argument to January 8, 2010, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order)(Overholt, Anthony) (Entered: 12/15/2009)

1 Text of Proposed Order

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Dec. 15, 2009 PACER
69

ORDER granting 65 Motion to Withdraw as Attorney. Attorney Laura Lee Bowker withdrawn. Signed by Judge Jane Magnus-Stinson on 12/15/09. (SWM) (Entered: 12/16/2009)

Dec. 15, 2009 PACER
70

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Donald G. Banta withdrawn. Signed by Judge Jane Magnus-Stinson on 12/15/09. (SWM) (Entered: 12/16/2009)

Dec. 15, 2009 PACER
71

ORDER granting defts' 68 Motion to reset Oral Argument currently set for 12/28/2009. Hearing RESET for 1/8/2010 02:30 PM in room #349 before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 12/17/2009. (SWM) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
72

ANSWER to 38 Amended Complaint Answer to Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS.(Overholt, Anthony) (Entered: 12/18/2009)

Dec. 18, 2009 PACER
73

ENTRY ON OBJECTION TO MAGISTRATE'S ORDER: For the foregoing reasons, Doe's Motion to Review and Reverse the Magistrate Judge's Decision 22 is DENIED. Within 14 days of this entry Doe shall file an amended complaint that identifies her by name **SEE ENTRY**. Signed by Judge William T. Lawrence on 1/4/2010.(DWH) (Entered: 01/06/2010)

Jan. 4, 2010 RECAP
74

ENTRY Following Hearing: On January 8, 2010, the parties appeared by counsel for oral argument on Defendants' Motion for Protective Order [dkt. 54 ]. The Court GRANTED IN PART and DENIED IN PART the Motion for Protective Order. The Court denied Plaintiffs' request for fees. Signed by Judge Jane Magnus-Stinson on 1/8/2010. (See Order) (Court Reporter Fred Pratt.)(TRG) (Entered: 01/08/2010)

Jan. 8, 2010 PACER
75

MOTION to Amend/Correct Complaint, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amended Complaint)(Falk, Kenneth) (Entered: 01/18/2010)

1 Text of Proposed Order

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2 Proposed Amended Complaint

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Jan. 18, 2010 PACER
76

NOTICE of Corrections to Motion to File Amended Complaint and Notice of Filing of Omitted Attachment, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE (Attachments: # 1 Bar Exam Application - Attachment to 2nd Am. Complaint) (Falk, Kenneth) (Entered: 01/18/2010)

1 Bar Exam Application - Attachment to 2nd Am. Complaint

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Jan. 18, 2010 PACER
77

ORDER granting pltfs' 75 Motion to file Amended Complaint. Plaintiffs' Second Amended Class Action Complaint for Declaratory and Injunctive Relief shall be filed with the appropriate attachment (see Notice of Correction dkt. 76) by January 25, 2010. Signed by Judge Jane Magnus-Stinson on 1/22/2010. (SWM) (Entered: 01/22/2010)

Jan. 22, 2010 PACER
78

MARGINAL ENTRY re 76 Notice of Correction: Reviewed by magistrate judge. Please see order on motion to amend granted this date. Signed by Judge Jane Magnus-Stinson on 1/22/2010.(SWM) (Entered: 01/22/2010)

Jan. 22, 2010 PACER
79

MOTION to Tender Belated Second Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Text of Proposed Order, # 2 Amended Complaint, # 3 Attachment to Complaint - Bar Exam Application)(Falk, Kenneth) (Entered: 01/26/2010)

1 Text of Proposed Order

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2 Amended Complaint

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3 Attachment to Complaint - Bar Exam Application

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Jan. 26, 2010 PACER
80

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE. (Attachments: # 1 Summary of CMP)(Falk, Kenneth) (Entered: 01/26/2010)

1 Summary of CMP

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Jan. 26, 2010 PACER
81

ORDER granting pltfs' 79 Motion to file belated second amended class action complaint. Signed by Judge Jane Magnus-Stinson on 1/27/2010. (SWM) (Entered: 01/28/2010)

Jan. 27, 2010 PACER
82

AMENDED COMPLAINT (Second Amended) against THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS, filed by AMANDA PERDUE and ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter. (Attachments: # 1 Bar Exam Application)(SWM) (Entered: 01/28/2010)

1 Bar Exam Application

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Jan. 27, 2010 PACER
83

SCHEDULING ENTRY: Status/Pretrial Conference set for 3/12/2010 03:00 PM in room #361 before Judge Jane Magnus-Stinson. Issued by Judge Jane Magnus-Stinson on 1/28/2010.(SWM) (Entered: 01/29/2010)

Jan. 28, 2010 PACER
84

ENTRY ON AMENDED MOTION FOR CLASS CERTIFICATION: GRANTED IN PART and DENIED IN PART 41 Amended Motion to Certify Class. For the foregoing reasons, the Plaintiffs' Amended Motion for Class Certification 41 is GRANTED as to Plaintiff Perdue. Because the Court is unable to determine whether the ACLU has standing, the Court cannot find that the ACLU is an appropriate class representative. Accordingly, the Amended Motion for Class Certification is DENIED as to the ACLU. Within 21 days of the date of this Entry the ACLU shall file a brief in support of its standing. The Defendants shall have 14 days to respond, and no reply is necessary. If the Court finds that the ACLU has standing, and if the organization still wishes to be a class representative, then the ACLU may file an appropriate motion at that time **SEE ENTRY**. Signed by Judge William T. Lawrence on 1/29/2010. (DWH) (Entered: 01/29/2010)

Jan. 29, 2010 RECAP
88

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/27/2010. Counsel and the parties are reminded that they are required to conduct a conference under LR 37.1 in the event of a discovery dispute. If the conference is unsuccessful, and the dispute does not involve a claim of privilege, the parties are advised to request a phone status conference prior to filing any motion to compel or for protective order. If the dispute has arisen because a party has failed to timely respond to propounded discovery, the propounding party may proceed with a motion to compel without seeking a conference. Additionally, the parties are advised to not only number but to add a descriptive identifier for anyexhibits which are electronically filed (see Order for example and other details). Signed by Judge Jane Magnus-Stinson on 1/29/2010.(SWM) (Entered: 02/01/2010)

Jan. 29, 2010 PACER
85

MOTION to Substitute Corrected Amended Motion for Class Certification with Plaintiff's Actual Name, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE, AMANDA PERDUE. (Attachments: # 1 Text of Proposed Order, # 2 Corrected Amended Motion for Class Certification)(Falk, Kenneth) (Entered: 02/01/2010)

1 Text of Proposed Order

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2 Corrected Amended Motion for Class Certification

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Feb. 1, 2010 PACER
86

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff AMANDA PERDUE. (Falk, Kenneth) (Entered: 02/01/2010)

Feb. 1, 2010 PACER
87

MOTION for Continuance Status/Pre-Trial Conference, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, JANE DOE, AMANDA PERDUE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 02/01/2010)

1 Text of Proposed Order

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Feb. 1, 2010 PACER
89

ORDER granting pltfs' 87 Motion for Continuance of Status/Pretrial Conference. Status/Pretrial Conference RESET for 3/29/2010 10:00 AM in room #361 before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 2/3/2010. (SWM) (Entered: 02/03/2010)

Feb. 3, 2010 PACER
90

ORDER granting pltfs' 85 Motion to substitute corrected amended motion for class certification with pltf's actual name. Corrected amended motion forclass certification is hereby substituted for their original amended motion for class certification (Docket No. 41). Signed by Judge Jane Magnus-Stinson on 2/3/2010. (SWM) (Entered: 02/04/2010)

Feb. 3, 2010 PACER
91

CORRECTED AMENDED MOTION for Class Certification filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter and AMANDA PERDUE. (SWM) (Entered: 02/04/2010)

Feb. 3, 2010 PACER
92

NOTICE of Service of Initial Disclosures, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, AMANDA PERDUE. (Falk, Kenneth) (Entered: 02/08/2010)

Feb. 8, 2010 PACER
93

NOTICE of Service of Initial Disclosures, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Overholt, Anthony) (Entered: 02/10/2010)

Feb. 10, 2010 PACER
94

ANSWER to 82 Amended Complaint, filed by THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS.(Overholt, Anthony) (Entered: 02/10/2010)

Feb. 10, 2010 PACER
95

MOTION for Reconsideration re 84 Order on Motion to Certify Class, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order Order Denying Plaintiffs' Amended Motion for Class Certification)(Overholt, Anthony) (Entered: 02/12/2010)

1 Text of Proposed Order Order Denying Plaintiffs' Amended Motion for Class C

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Feb. 12, 2010 PACER
96

BRIEF/MEMORANDUM in Support re 95 MOTION for Reconsideration re 84 Order on Motion to Certify Class, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Exhibit 1 - Sealed Cover Sheet for Exhibit 1 to Defendant's Brief - Application for Admission and Declaration, # 2 Exhibit 2 - Jane Noe Complaint)(Overholt, Anthony) (Entered: 02/12/2010)

1 Exhibit 1 - Sealed Cover Sheet for Exhibit 1 to Defendant's Brief - Applica

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2 Exhibit 2 - Jane Noe Complaint

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Feb. 12, 2010 PACER
97

SEALED Exhibit 1 to Defendants' Brief in Support of Motion to Reconsider Entry on Amended Motion for Class Certification, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Overholt, Anthony) (Entered: 02/12/2010)

Feb. 12, 2010 PACER
98

MOTION to Seal Document 97 SEALED Document Exhibit 1 to Defendants' Brief in Support of Motion to Reconsider Entry on Amended Motion for Class Certification, filed by Defendant THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS. (Attachments: # 1 Text of Proposed Order Order Granting Motion to Seal Exhibit 1 to Defendants' Brief in Support of Motion to Reconsider Entry on Amended Motion for Class Certification)(Overholt, Anthony) (Entered: 02/12/2010)

Feb. 12, 2010 PACER
99

Submission of Memorandum in Support of Standing of the ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, filed by Plaintiffs ACLU of Indiana - Indiana University School of Law - Indianapolis Chapter, AMANDA PERDUE. (Falk, Kenneth) (Entered: 02/16/2010)

Feb. 16, 2010 PACER
100

ORDER granting 98 Motion to Seal Document 97 Exhibit 1 to Defendants' Brief in Support of Motion to Reconsider Entry on Amended Motion for Class Certification. Signed by Magistrate Judge Jane Magnus-Stinson on 2/16/2010. (LBK) (Entered: 02/16/2010)

Feb. 16, 2010 PACER

State / Territory: Indiana

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: July 7, 2009

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Applicants to the Indiana State Bar who as a condition of admission would have to disclose on their application a history of their mental health issues since the age of 16.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Indiana (Indianapolis ), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Other

Records Disclosure

Testing

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general