Case: Buroff v. Gladieux

1:17-cv-00124 | U.S. District Court for the Northern District of Indiana

Filed Date: March 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 27, 2017, an inmate and eligible voter serving a sentence for a misdemeanor charge in the Allen County Jail (ACJ) brought this class action in the U.S. District Court for the Northern District of Indiana. The plaintiff sued the Allen County Sheriff under 42 U.S.C. §1983. The jail provided no absentee ballots to any of the 450–550 eligible voters serving misdemeanor sentences during the 2016 election. According to the plaintiff, the defendant also did not allow inmates to vote in-person…

On March 27, 2017, an inmate and eligible voter serving a sentence for a misdemeanor charge in the Allen County Jail (ACJ) brought this class action in the U.S. District Court for the Northern District of Indiana. The plaintiff sued the Allen County Sheriff under 42 U.S.C. §1983. The jail provided no absentee ballots to any of the 450–550 eligible voters serving misdemeanor sentences during the 2016 election. According to the plaintiff, the defendant also did not allow inmates to vote in-person at a voting center located only a block from the facility. Represented by private counsel, the plaintiff sought monetary relief and attorneys’ fees because he claimed that the jail violated his and other class members’ fundamental right to vote under the Fourteenth Amendment.

The case was originally assigned to Judge Jon E. DeGuilio. It was reassigned to Chief Judge Theresa L. Springmann on May 1, 2017; to Judge Holly A. Brady on May 1, 2019; Judge William C. Lee on May 10; Chief Judge Springmann on May 13; and Judge Damon R. Leichty on September 4, 2019.

On March 28, 2017, the plaintiff filed a motion for class certification, defining the proposed class as “All individuals held at the Allen County Jail on November 8, 2016 who on that date were US citizens, residents of Indiana, were at least eighteen years of age, were not serving a sentence for a conviction of a felony crime, had not previously voted in the 2016 general election, were provided neither an absentee ballot nor transportation to a voting center, and were registered to vote or had been denied the opportunity to register to vote while held in the Allen County Jail.”

The original plaintiff filed an amended complaint and motion to certify the class in June 2017, adding a second plaintiff, and they filed a second amended complaint in August 2017. The second amended complaint added facts regarding the number of jail inmates affected and the lack of communication between the jail and the Allen County Election Board.

On November 13, 2017, the court denied the class certification motion, with leave to refile, because the plaintiffs had failed to show that many of those in the class were registered to vote on November 8, 2016. In the court’s view the plaintiffs had shown that as many as 500-600 inmates may have been injured, but did not support any particular number with sufficient facts. Additionally, the court dismissed the original named plaintiff because he lacked standing, having failed to request an absentee ballot in time to be eligible to vote.

On March 7, 2018, the remaining plaintiff filed a second motion to certify the class; the court granted that motion on May 17. This time, the plaintiff had supported his claim with a list of inmates who were eligible to vote and incarcerated in the Allen County jail on November 8, 2016. The court found that the class was sufficiently numerous and identifiable and that there were common questions among the class members.

Several months later, on July 23, 2018, the Sheriff moved for partial summary judgment. Following the motion for partial summary judgment, the parties entered mediation. On March 1, 2019, the magistrate judge overseeing mediation notified the court that a second mediation would be scheduled upon the court’s resolution of the defendant’s pending motion for summary judgment.

On April 3, 2019, the court granted summary judgment as to prisoners who were incarcerated at the jail on or before October 31, 2016. The claims of class members incarcerated at the jail after that date remained before the court.

As of July 16, 2020, a 5-day trial is set to begin on September 14, 2020.

Summary Authors

Jake Parker (5/25/2018)

Keagan Potts (3/13/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6264606/parties/buroff-v-gladieux/


Judge(s)

Leichty, Damon Ray None (Indiana)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Judge(s)

Leichty, Damon Ray None (Indiana)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Documents in the Clearinghouse

Document

1:17-cv-00124

Docket [PACER]

April 13, 2020

April 13, 2020

Docket
1

1:17-cv-00124

Class Action Complaint

March 27, 2017

March 27, 2017

Complaint
28

1:17-cv-00124

Second Amended Class Action Complaint

Aug. 15, 2017

Aug. 15, 2017

Complaint
32

1:17-cv-00124

Opinion and Order

Buroff et al v. Gladieux

2017 WL 5466872

Nov. 13, 2017

Nov. 13, 2017

Order/Opinion
41

1:17-cv-00124

Opinion and Order

2018 WL 2277093

May 17, 2018

May 17, 2018

Order/Opinion
52

1:17-cv-00124

Opinion and Order

Barnhart v. Gladieux

2019 WL 1470200

April 3, 2019

April 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6264606/buroff-v-gladieux/

Last updated Aug. 11, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT with JURY DEMAND against David Gladieux, filed by Demetrius Buroff. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons 285)(Frank, David) Modified on 4/10/2017 to correct title (lns). (Entered: 03/27/2017)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons 285

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March 27, 2017

March 27, 2017

RECAP

Add and Terminate Judges

March 27, 2017

March 27, 2017

PACER

Judge Jon E DeGuilio and Magistrate Judge Susan L Collins added. *NEW CASE* (jss)

March 27, 2017

March 27, 2017

PACER
2

MOTION to Certify Class by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
3

MOTION for Leave to Proceed in forma pauperis accompanied by 1 copies of summons forms and 1 copies of USM-285 forms by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
4

INCOMPLETE PDF ATTACHED. THIS DOCKET ENTRY IS REPLACED BY DOCKET ENTRY #6. MOTION for Discovery Early by Plaintiff Demetrius Buroff. (Frank, David) Modified on 4/12/2017 (lns). (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
5

NOTICE of Appearance by Christopher C Myers on behalf of Demetrius Buroff (Myers, Christopher) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
6

MOTION for Discovery Early by Plaintiff Demetrius Buroff. (Attachments: # 1 Exhibit Exhibit A (Interrogatories))(Frank, David) Modified on 4/12/2017 - this docket entry REPLACES docket entry #4 (lns). (Entered: 04/12/2017)

1 Exhibit Exhibit A (Interrogatories)

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April 12, 2017

April 12, 2017

PACER
7

ORDER GRANTS 3 Motion for Leave to Proceed in forma pauperis; DEFERS payment of the filing fee; ORDERS the plaintiff to pay the $400.00 filing fee from the proceeds of any recovery that is received in this case; and DIRECTS, pursuant to 28 U.S.C. ยง 1915(d), the United States Marshals Service to effect service of process on the defendant. Signed by Judge Jon E DeGuilio on 4/24/2017. (cc: USMS) (lhc) (Entered: 04/25/2017)

April 24, 2017

April 24, 2017

PACER
8

Summons Issued as to David Gladieux. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (cc: USMS) (lhc) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
9

ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/2017. (rmc) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
10

SUMMONS Returned Executed by USMS obo Demetrius Buroff. David Gladieux served on 5/3/2017, answer due 5/24/2017. (lhc) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
11

First MOTION to Amend/Correct 2 MOTION to Certify Class, 1 Complaint by Plaintiff Demetrius Buroff. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Amended Motion)(Frank, David) (Entered: 05/23/2017)

1 Exhibit Amended Complaint

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2 Exhibit Amended Motion

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May 23, 2017

May 23, 2017

PACER
12

NOTICE of Appearance by J Spencer Feighner on behalf of David Gladieux (Feighner, J) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
13

NOTICE of Appearance by John O Feighner on behalf of David Gladieux (Feighner, John) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
14

NOTICE of Hearing: Hearing on Pla's 6 Motion for Early Discovery and Rule 16 Preliminary Pretrial Conference set for 6/6/2017 at 9:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Counsel to appear in person.(mr) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
15

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (mr) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
16

REPORT of Rule 26(f) Planning Meeting. (Frank, David) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
17

RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 6/6/2017 before Magistrate Judge Susan Collins. Pla appeared by Atty David Frank. Dft appeared by Atty Spencer Feighner. Pla's unopposed 6 Motion for Early Discovery and 11 Pla's Motion for Leave to File First Amended Class Action Complaint and First Amended Motion for Class Certification is granted. Pla directed to file First Amended Class Action Complaint and Motion to Certify forthwith. The 16 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(b) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56-1. DISCOVERY DEADLINE is 3/24/2018. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Erik Chickedantz appointed as Mediator. Atty Frank to notify Mediator by letter, copy to Atty Feighner. Results of the Mediation shall be filed with the Court no later than 10 days before the Final Pretrial Conference. Magistrate Consent forms due by 6/27/2017. (FTR 1st floor.) (mr) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
18

AMENDED COMPLAINT against David Gladieux, filed by Demetrius Buroff.(Frank, David) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

RECAP
19

Amended MOTION to Certify Class by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
20

AGREED NOTICE to extend time to file response to 19 Amended MOTION to Certify Class by Plaintiff Demetrius Buroff; response due by August 21, 2017. (Feighner, J) Modified on 6/20/2017 to correct docket text and regenerated NEF at attorney's request (lhc). (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
21

ANSWER to 18 Amended Complaint and Affirmative Defenses by David Gladieux.(Feighner, J) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
22

MOTION for Extension of Time to Amend Pleadings by Plaintiffs Ian Barnhart, Demetrius Buroff. (Frank, David) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
23

ENTRY for Magistrate Judge Susan Collins: 22 Pls' Unopposed Motion for Extension of Deadline is granted. Pls granted to and including 8/11/2017 to seek leave to amend pleadings or join additional parties. The Court sua sponte extends Dft's deadline to seek leave to amend the pleadings to 9/11/2017. So Ordered. (mr) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
24

MOTION to Supplement 18 Amended Complaint, 19 Amended MOTION to Certify Class by Plaintiffs Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit Def. Admissions, # 2 Exhibit 11/08/16 ACJ Population, # 3 Exhibit Election Board Response)(Frank, David) (Entered: 07/27/2017)

1 Exhibit Def. Admissions

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2 Exhibit 11/08/16 ACJ Population

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3 Exhibit Election Board Response

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July 27, 2017

July 27, 2017

PACER
25

ORDER DENYING 24 MOTION to Supplement 18 Amended Complaint, 19 Amended MOTION to Certify Class by Plaintiffs Ian Barnhart, Demetrius Buroff. Signed by Magistrate Judge Susan L Collins on 7/28/2017. (lhc) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
26

MOTION to Amend/Correct 1 Complaint by Plaintiffs Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Compl. Ex. A - Jail Rules, # 3 Exhibit Compl. Ex. B - Inmate Petition, # 4 Exhibit Compl. Ex. C - Def. Admissions, # 5 Exhibit Compl. Ex. D - 11/08/2016 Jail Population, # 6 Exhibit Compl. Ex. E - Election Board Response)(Frank, David) (Entered: 07/31/2017)

1 Exhibit Second Amended Complaint

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2 Exhibit Compl. Ex. A - Jail Rules

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3 Exhibit Compl. Ex. B - Inmate Petition

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4 Exhibit Compl. Ex. C - Def. Admissions

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5 Exhibit Compl. Ex. D - 11/08/2016 Jail Population

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6 Exhibit Compl. Ex. E - Election Board Response

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July 31, 2017

July 31, 2017

PACER
27

ORDER: The Court GRANTS Plaintiffs' 26 Motion to Amend. The Clerk is DIRECTED to show Plaintiffs' Second Amended Class Action Complaint and its Exhibits as filed. Signed by Magistrate Judge Susan L Collins on 8/15/2017. (jss) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
28

SECOND AMENDED COMPLAINT against David Gladieux, filed by Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(jss) (Entered: 08/15/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Aug. 15, 2017

Aug. 15, 2017

RECAP
29

RESPONSE to Motion re 19 Amended MOTION to Certify Class filed by David Gladieux. (Attachments: # 1 Exhibit A)(Feighner, J) (Entered: 08/21/2017)

1 Exhibit A

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Aug. 21, 2017

Aug. 21, 2017

PACER
30

REPLY to Response to Motion re 19 Amended MOTION to Certify Class filed by Ian Barnhart, Demetrius Buroff. (Frank, David) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
31

ORDER DEEMING MOOT 2 MOTION to Certify Class by Plaintiff Demetrius Buroff. Signed by Chief Judge Theresa L Springmann on 9/18/17. (cer) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
32

OPINION AND ORDER DENYING 19 Motion to Certify Class WITH LEAVE TO REFILE and DISMISSES Plaintiff Demetrius Buroff. Signed by Chief Judge Theresa L Springmann on 11/13/17. (mlc) Modified on 11/14/2017 to edit text (mlc). (Entered: 11/14/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
33

First MOTION to Compel by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Discovery Request, # 2 Exhibit 37.1 Letter, # 3 Exhibit 37.1 Letter, # 4 Exhibit 37.1 E-mail, # 5 Exhibit Certification)(Frank, David) (Entered: 01/04/2018)

1 Exhibit Discovery Request

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2 Exhibit 37.1 Letter

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3 Exhibit 37.1 Letter

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4 Exhibit 37.1 E-mail

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5 Exhibit Certification

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Jan. 4, 2018

Jan. 4, 2018

PACER
34

NOTICE by David Gladieux re 33 First MOTION to Compel Resolution of Discovery Dispute (Feighner, J) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
35

ORDER for Magistrate Judge Susan Collins: 33 Plaintiff's Motion to Compel Discovery is deemed moot pursuant to the 34 Notice to Court of Resolution of Discovery Dispute. Text entry order. (mr) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
36

Second MOTION to Certify Class by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Defendant's Policies, # 2 Exhibit Inmate Petition, # 3 Exhibit Defendant's Admissions, # 4 Exhibit Inmate Population Report, # 5 Exhibit Voter Board Response, # 6 Exhibit Inmate Voter Registration Report)(Frank, David) (Entered: 03/07/2018)

1 Exhibit Defendant's Policies

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2 Exhibit Inmate Petition

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3 Exhibit Defendant's Admissions

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4 Exhibit Inmate Population Report

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5 Exhibit Voter Board Response

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6 Exhibit Inmate Voter Registration Report

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March 7, 2018

March 7, 2018

RECAP
37

BRIEF in Support of 36 Second MOTION to Certify Class filed by Ian Barnhart. (Frank, David) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
38

RESPONSE to Motion re 36 Second MOTION to Certify Class filed by David Gladieux. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feighner, J) (Entered: 03/21/2018)

1 Exhibit A

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2 Exhibit B

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March 21, 2018

March 21, 2018

PACER
39

REPLY to Response to Motion re 36 Second MOTION to Certify Class filed by Ian Barnhart. (Attachments: # 1 Exhibit Ex. G - Putative Class Members)(Frank, David) (Entered: 03/28/2018)

1 Exhibit Ex. G - Putative Class Members

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March 28, 2018

March 28, 2018

PACER
40

NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Susan L Collins is now terminated. All further matters will now be handled by Chief Judge Theresa L Springmann unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (mr) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
41

OPINION AND ORDER: GRANTING 36 Second MOTION to Certify Class by Plaintiff Ian Barnhart. The Court appoints Christopher C. Myers & Associates as Class Counsel. Signed by Chief Judge Theresa L Springmann on 5/17/2018. (lhc) (Entered: 05/18/2018)

May 17, 2018

May 17, 2018

RECAP
42

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Dispositive motions to be filed by 7/23/2018 and to be briefed in accordance with Local District Rules pursuant to the 40 Bright Line Notice. In the alternative, parties may jointly request trial date by written notice on or before 6/22/2018. (cer) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
43

MOTION for Partial Summary Judgment by Defendant David Gladieux. (Attachments: # 1 Exhibit A - Affidavit of Voter Registration, # 2 Exhibit B - Affidavit of John Zagelemeier, # 3 Exhibit C - Response to Request for Admissions)(Feighner, J) (Entered: 07/23/2018)

1 Exhibit A - Affidavit of Voter Registration

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2 Exhibit B - Affidavit of John Zagelemeier

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3 Exhibit C - Response to Request for Admissions

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July 23, 2018

July 23, 2018

PACER
44

MEMORANDUM in Support of 43 MOTION for Partial Summary Judgment filed by David Gladieux. (Feighner, J) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

RECAP
45

RESPONSE to Motion re 43 MOTION for Partial Summary Judgment filed by Ian Barnhart. (Attachments: # 1 Affidavit Addison Affidavit, # 2 Affidavit Clemens Affidavit, # 3 Affidavit Collins Affidavit, # 4 Affidavit Cooper Affidavit, # 5 Affidavit Drake Affidavit, # 6 Affidavit Foote Affidavit, # 7 Affidavit Jones Affidavit, # 8 Affidavit Lash Affidavit, # 9 Affidavit Lewis Affidavit, # 10 Affidavit Long Affidavit, # 11 Affidavit Mattingly Affidavit, # 12 Affidavit Moore Affidavit, # 13 Affidavit Perkins Affidavit, # 14 Affidavit Thomas Affidavit, # 15 Affidavit Tuttle Affidavit)(Frank, David) (Entered: 08/20/2018)

1 Affidavit Addison Affidavit

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2 Affidavit Clemens Affidavit

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3 Affidavit Collins Affidavit

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4 Affidavit Cooper Affidavit

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5 Affidavit Drake Affidavit

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6 Affidavit Foote Affidavit

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7 Affidavit Jones Affidavit

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8 Affidavit Lash Affidavit

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9 Affidavit Lewis Affidavit

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10 Affidavit Long Affidavit

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11 Affidavit Mattingly Affidavit

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12 Affidavit Moore Affidavit

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13 Affidavit Perkins Affidavit

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14 Affidavit Thomas Affidavit

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15 Affidavit Tuttle Affidavit

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Aug. 20, 2018

Aug. 20, 2018

PACER
46

BRIEF in Opposition to 43 MOTION for Partial Summary Judgment filed by Ian Barnhart. (Frank, David) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
47

REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment filed by David Gladieux. (Feighner, J) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
48

MOTION for Leave to File Sur-Response in Opposition to Defendant's Partial Motion for Summary Judgement by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Plaintiffs' Sur-Response in Opposition to Defendant's Partial Motion for Summary Judgement, # 2 Affidavit James Davis, # 3 Affidavit Frederick Neel, # 4 Affidavit Artavius Richards, # 5 Affidavit Mylinque Wallace, # 6 Affidavit Nike-Shail White, # 7 Affidavit Jerry Williamson)(Frank, David) (Entered: 09/07/2018)

1 Exhibit Plaintiffs' Sur-Response in Opposition to Defendant's Partial

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2 Affidavit James Davis

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3 Affidavit Frederick Neel

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4 Affidavit Artavius Richards

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5 Affidavit Mylinque Wallace

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6 Affidavit Nike-Shail White

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7 Affidavit Jerry Williamson

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Sept. 7, 2018

Sept. 7, 2018

PACER
49

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: The Court being duly advised GRANTS Pla's 48 Motion for Leave to File Sur-Response in Opposition to Partial Motion for Summary Judgment. Pla's Sur-Response to be filed by 10/2/2018. (cer) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
50

RESPONSE to Motion re 43 MOTION for Partial Summary Judgment Sur-Response filed by Ian Barnhart. (Attachments: # 1 Affidavit James Davis, # 2 Affidavit Frederick Neel, # 3 Affidavit Artavius Richards, # 4 Affidavit Mylinque Wallace, # 5 Affidavit Nike-Shail White, # 6 Affidavit Jerry Williamson)(Frank, David) (Entered: 09/27/2018)

1 Affidavit James Davis

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2 Affidavit Frederick Neel

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3 Affidavit Artavius Richards

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4 Affidavit Mylinque Wallace

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5 Affidavit Nike-Shail White

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6 Affidavit Jerry Williamson

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Sept. 27, 2018

Sept. 27, 2018

RECAP
51

Letter from Mediator C Erik Chickedantz advising that mediation was suspended and a second mediation will be scheduled following the Court's ruling on Dft's pending motion for summary judgment. (lns) (Entered: 03/05/2019)

March 4, 2019

March 4, 2019

PACER
52

OPINION and ORDER GRANTING 43 Motion for Partial Summary Judgment. Accordingly, the Court DISMISSES WITHOUT PREJUDICE the claims of Class Members incarcerated in the Allen County Jail on or before October 31, 2016. The claims of the Class Members incarcerated in the Allen County Jail after that date remain pending. Signed by Chief Judge Theresa L Springmann on 4/3/2019. (nae) Modified on 4/4/2019 to correct docket text (nae). (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

RECAP
53

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Telephonic Trial Scheduling Conference SET for 5/23/2019 at 10:30 AM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call.(cer) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER

~Util - Set Hearings

April 5, 2019

April 5, 2019

PACER

Order

April 5, 2019

April 5, 2019

PACER
54

ORDER REASSIGNING CASE. Case reassigned to Judge Holly A Brady for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 5/1/19. (rs) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
55

ORDER REASSIGNING CASE. Case reassigned to Judge William C Lee for all further proceedings. Judge Holly A Brady no longer assigned to case. Signed by Judge Holly A Brady on 5/10/19. (cer) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
56

ORDER OF RECUSAL. Judge William C Lee recused. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Signed by Judge William C Lee on 5/13/2019. (lns) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER

1 - Terminate Hearings

May 13, 2019

May 13, 2019

PACER

~Util - Set Hearings

May 13, 2019

May 13, 2019

PACER

Order

May 13, 2019

May 13, 2019

PACER
57

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANNSA: On the Court's own motion due to a scheduling conflict the Telephonic Scheduling Conference set for 5/23/2019 is VACATED and RESET to 5/29/2019 12:00 PM (EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court to initiate the call. (rs) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
58

TELEPHONIC STATUS CONFERENCE held on 5/29/2019, before Chief Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by atty J Spencer Feighner. Parties advise as to case status. Rule 23 Notice to be filed within 30 days. Dft to file an agreed proposed schedule by 8/26/2019 COB. Telephonic Status Conference SET for 9/16/2019 02:00 PM (EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court to initiate the call. (FTR) (rs) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER

~Util - Set Hearings

May 29, 2019

May 29, 2019

PACER

1 - Terminate Hearings

May 29, 2019

May 29, 2019

PACER

Status Conference

May 29, 2019

May 29, 2019

PACER
59

Joint MOTION for Extension of Time to File Rule 23 Notice by Plaintiff Ian Barnhart. (Myers, Christopher) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
60

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN. The Court being duly advised GRANTS 59 Joint MOTION for Extension of Time to File Rule 23 Notice. Rule 23 Notice to be filed by 7/8/2019. (rs) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER

~Util - Set Deadlines

July 1, 2019

July 1, 2019

PACER

Order

July 1, 2019

July 1, 2019

PACER

~Util - Terminate Motions

July 1, 2019

July 1, 2019

PACER
61

NOTICE by Ian Barnhart Submission of Draft Rule 23 Notice (Attachments: # 1 Exhibit 1 (Draft Rule 23 Notice))(Myers, Christopher) (Entered: 07/08/2019)

1 Exhibit 1 (Draft Rule 23 Notice)

View on PACER

July 8, 2019

July 8, 2019

PACER
62

MOTION to Withdraw as Attorney by Plaintiff Ian Barnhart. (Frank, David) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
63

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN. The Court being duly advised GRANTS 62 MOTION to Withdraw as Attorney. Attorney David Frank is WITHDRAWN as counsel of record for Pla Ian Barnhart. (rs) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

~Util - Terminate Motions

July 12, 2019

July 12, 2019

PACER

Order

July 12, 2019

July 12, 2019

PACER
64

NOTICE by David Gladieux Proposed Schedule (Feighner, J) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

RECAP
65

ORDER REASSIGNING CASE. Case reassigned to Judge Damon R Leichty for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 9/4/19. (ksc) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
66

NOTICE: Telephonic Status Conference set for 9/16/2019 02:00 PM (EST) in US District Court - South Bend before Judge Damon R Leichty. Counsel must provide the court with contact information for the conference by contacting the Courtroom Deputy, DeAndra Kirkwood at 574-246-8110. Use of a cell phone is prohibited and any speaker function should be disabled to avoid the courtrooms acoustical problems and to allow the court reporter to accurately record the proceedings. (dk) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER

Set/Reset Hearings

Sept. 13, 2019

Sept. 13, 2019

PACER
67

TELEPHONE CONFERENCE held on 9/16/2019 before Judge Damon R Leichty. Pla appeared by atty C. Myers. Dft appeared by atty S. Feighner. After discussions, the court established future deadlines and hearings. Written order to follow. (Court Reporter D. Bonk.) (dk) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER

1 - Terminate Hearings

Sept. 16, 2019

Sept. 16, 2019

PACER

Telephone Conference

Sept. 16, 2019

Sept. 16, 2019

PACER
68

MEMORANDUM OF STATUS CONFERENCE AND ORDER CONCERNING PRETRIAL CONFERENCE AND TRIAL: Mr. Feighner is directed to prepare and file the proposed joint final pretrial order by 05/05/2020. A final pretrial conference is SET for 05/19/2020 at 1:15 PM and a 5-day jury trial to commence at 9:30 AM on 06/08/2020 in the third-floor courtroom in South Bend, Indiana. In addition, the Court ORDERS Mr. Myers to file a revised draft Fed. R. Civ. P. 23 notice ( 61 ) by 09/18/2019 and also to submit a Word copy to chambers via email. After receiving it, the Court will approve the Rule 23 notice on or before 09/20/2019. The notice is to be distributed to class members by 10/04/2019 via First Class mail and publication in local newspapers. Class members must opt out by 01/03/2020, if they wish to not be bound by the judgment of this case and in accordance with the notice. Signed by Judge Damon R Leichty on 09/17/2019. (jat) (Entered: 09/18/2019)

Sept. 17, 2019

Sept. 17, 2019

RECAP
69

NOTICE by Ian Barnhart Revised Submission of Rule 23 Notice (Myers, Christopher) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

RECAP
70

ORDER ON RULE 23 NOTICE APPROVING 61 Rule 23 Notice filed by Ian Barnhart.The parties are ORDERED to begin distribution of said notice. Pursuant to the courts prior order (ECF 68), the notice is to be distributed to class members by October 4, 2019 via First Class mail and publication in local newspapers. Class members must opt out by January 3, 2020 if they wish not to be bound by the judgment of this case. Signed by Judge Damon R Leichty on 9/19/19. (mlc) (Entered: 09/20/2019)

Sept. 19, 2019

Sept. 19, 2019

RECAP
71

ORDER: Pursuant to General Order 2020-10, 5-day Jury Trial is RESET for 9/14/2020 09:30 AM (EST) in US District Court - South Bend before Judge Damon R Leichty. Final Pretrial Conference RESET for 8/27/2020 01:30 PM (EST) in US District Court - South Bend before Judge Damon R Leichty. Text-only order by Judge Damon R Leichty on 4/13/2020. (dk) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

1 - Terminate Hearings

April 13, 2020

April 13, 2020

PACER

~Util - Set Hearings

April 13, 2020

April 13, 2020

PACER

Order

April 13, 2020

April 13, 2020

PACER
72

Miscellaneous Relief

July 27, 2020

July 27, 2020

PACER
73

Response to Motion

July 27, 2020

July 27, 2020

PACER
74

Continue

Aug. 12, 2020

Aug. 12, 2020

PACER
75

1 - Terminate Deadlines and Hearings AND ~Util - Terminate Motions AND ~Util - Set Deadlines/Hearings AND Order

Aug. 14, 2020

Aug. 14, 2020

PACER

Telephone Conference

Aug. 27, 2020

Aug. 27, 2020

PACER
77

~Util - Set Deadlines AND Order Referring Case to Magistrate Judge

Sept. 3, 2020

Sept. 3, 2020

PACER
78

Order AND ~Util - Set Hearings

Sept. 29, 2020

Sept. 29, 2020

RECAP
79

Status Report

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals held at the Allen County Jail on November 8, 2016 who on that date were US citizens, residents of Indiana, were at least eighteen years of age, were not serving a sentence for a conviction of a felony crime, had not previously voted in the 2016 general election, were provided neither an absentee ballot nor transportation to a voting center, and were registered to vote or had been denied the opportunity to register to vote while held in the Allen County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Allen County, Indiana (Allen), County

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Type of Facility:

Government-run