Case: Doe v. Marion County

U. S. Court of Appeals for the Seventh Circuit

COMPLAINT against CITY OF INDIANAPOLIS, INDIANA, PROSECUTOR, MARION COUNTY, INDIANA, filed by JOHN DOE. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(JD) (Entered: 01/17/2012)

Summons Issued as to CITY OF INDIANAPOLIS, INDIANA; PROSECUTOR, MARION COUNTY, INDIANA. (JD) (Entered: 01/17/2012)

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff JOHN DOE. (JD) (Entered: 01/17/2012)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD) (Entered: 01/17/2012)

NOTICE of Challenge to Constitutionality of State Statute , filed by Plaintiff JOHN DOE (Falk, Kenneth) (Entered: 01/18/2012)

BRIEF/MEMORANDUM in Support re 6 MOTION to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

BRIEF/MEMORANDUM in Support re 8 MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

NOTICE of Appearance by David A. Arthur on behalf of Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 02/01/2012)

NOTICE of Appearance by Kate E. Shelby on behalf of Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Shelby, Kate) (Entered: 02/01/2012)

NOTICE of Parties' First Extension of Time, filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 02/03/2012)

Unopposed MOTION for Extension of Time to to file response to 8 MOTION to Certify Class , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 02/03/2012)

RETURN of Service by CMRRR, filed by JOHN DOE. CITY OF INDIANAPOLIS, INDIANA served on 1/20/2012. (Falk, Kenneth) (Entered: 02/03/2012)

RETURN of Service by CMRRR, filed by CITY OF INDIANAPOLIS, INDIANA. PROSECUTOR, MARION COUNTY, INDIANA served on 1/20/2012. (Falk, Kenneth) (Entered: 02/03/2012)

NOTICE of Appearance by Justin F. Roebel on behalf of Defendant CITY OF INDIANAPOLIS, INDIANA. (Roebel, Justin) (Entered: 02/06/2012)

NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF INDIANAPOLIS, INDIANA. (Roebel, Justin) (Entered: 02/06/2012)

NOTICE of Appearance by Alexander Phillip Will on behalf of Defendant CITY OF INDIANAPOLIS, INDIANA. (Will, Alexander) (Entered: 02/06/2012)

SCHEDULING ORDER: Hearing on Plaintiff's Motion to Proceed by Anonymous name and Motion to Seal Affidavit containing Actual Name [Dkt. 6] and Unopposed Motion for Extension of Time to File Response to Motion to Certify Class [Dkt. 13] set for 2/21/2012 09:45 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Initial Pretrial Conference set for 2/21/2012 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2012.(SWM) (Entered: 02/08/2012)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JOHN DOE and Defendants by CITY OF INDIANAPOLIS, INDIANA; PROSECUTOR, MARION COUNTY, INDIANA . (Falk, Kenneth) Added Defendants as filers on 2/10/2012 (JD). (Entered: 02/09/2012)

MOTION for Continuance of initial pretrial conference and hearings on pending motions , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 02/13/2012)

SCHEDULING ORDER: Before the Court is Defendant Prosecutor's Motion to Continue the Initial Pretrial Conference and Hearings on Pending Motions 21 . This motion is hereby GRANTED IN PART AND DENIED IN PART. This matter is currently set for an initial pretrial conference on February 21, 2012 at 9:00 a.m. and a hearing on Plaintiff's Motion to Proceed By Anonymous Name and Motionto Seal Affidavit Containing Actual Name [Dkt. 6] and Defendant Prosecutor of Marion County's Unopposed Motion for Extension of Time to File Response to Motion to Certify Class [Dkt. 13] at 9:45. The Court hereby changes the start time of the initial pretrial conference to 9:30 a.m. and the hearing to 10:00 a.m. All other requirements of the Court's Orders dated 2/8/12 [Dkt. 19] are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/13/2012.(SWM) (Entered: 02/13/2012)

ORDER granting Deft Prosecutor, Marion County, Indiana's 13 Motion for Extension of Time to File Response to 3/6/2012 re 8 MOTION to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 2/23/2012. (SWM) (Entered: 02/23/2012)

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 2/21/2012. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. The parties further discussed the pending motions. The Court will Grant, by separate Order, Defendants' Motion for Extension of Time to Respond to the Motion to Certify Class [Dkt. 13]. Status Conference set for 3/27/2012 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 02/24/2012)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 12/4/2012. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2012.(SWM) (Entered: 02/24/2012)

ORDER granting Pltf's 6 Motion to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name. Pltf's counsel shall file the affidavit of Pltf, signed in his actual name, under seal with the Clerk of this Court (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/27/2012. (SWM)

SEALED Affidavit of "John Doe" in his actual name , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 02/27/2012)

STIPULATION of Dismissal of Defendant City of Indianapolis , filed by Defendants CITY OF INDIANAPOLIS, INDIANA, PROSECUTOR, MARION COUNTY, INDIANA, Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 02/27/2012)

Stipulation of Dismissal − The City of Indianapolis is DISMISSED as a Party to this suit, with each party to pay its own costs and attorneys fees. Signed by Judge Tanya Walton Pratt on 2/28/2012.(JD) (Entered: 02/28/2012)

RESPONSE to Motion re 8 MOTION to Certify Class , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 03/02/2012)

ANSWER to 1 Complaint , filed by PROSECUTOR, MARION COUNTY, INDIANA.(Arthur, David) (Entered: 03/02/2012)

Submission of Proposed Order (Agreed) , re 8 MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/02/2012)

ORDER granting 8 Motion to Certify Class. Signed by Judge Tanya Walton Pratt on 3/6/2012. (JD) (Entered: 03/06/2012)

MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Attachments: # 1 Affidavit John Doe (2nd Aff), # 2 Affidavit Fred Cate, # 3 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/14/2012)

BRIEF/MEMORANDUM in Support re 34 MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 03/14/2012)

SCHEDULING ORDER − Having approved the Case Management Plan as amended, the Court hereby sets the Final Pretrial Conference for Wednesday, August 21, 2013, at 9:00 a.m., in Room 330, and the Bench Trial to begin on Monday, September 9, 2013, at 9:00 a.m., in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Tanya Walton

SCHEDULING ORDER − This matter is set for a Preliminary Injunction Hearing on 4/13/2012 at 9:00 a.m. in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties are allotted one hour, thirty minutes each side. Signed by Judge Tanya Walton Pratt on 3/15/2012.(JD) (Entered: 03/15/2012)

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/27/2012. This matter is currently scheduled for a hearing on Plaintiff's motion for preliminary injunction at 9:00 a.m. on 4/13/2012. [Dkt. 34, 38.] Due to a scheduling conflict, counsel for Defendant is unable to respond to the motion as presently scheduled. Accordingly, Defendant orally moved to continue the hearing on the motion for preliminary injunction and the schedule for the briefing of that motion, which request Plaintiff does not oppose. The hearing on Plaintiff's motion for preliminary injunction scheduled to begin at 9:00 a.m. on April 13, 2012 is hereby VACATED and is rescheduled to begin at 9:00 a.m. on May 31, 2012 in Room 344, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties are allotted ninety minutes per side for the presentation of evidence and argument. The Court will conduct a telephonic conference at 3:00 p.m. on May 18, 2012 to discuss preparations for the hearing on the merits of this matter and to address any issues the parties may have in advance of that hearing. Counsel shall attend the conference by calling the designated phone number, be provided by the Court via email generated by the Court's ECF system (see Order for additional information and briefing schedule). Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 03/30/2012)

NOTICE of Filing of Additional Affidavit in Support of 34 Motion for Preliminary Injunction and All Other Relief, filed by All Plaintiffs (Attachments: # 1 Affidavit Geertsema−Sligh, # 2 CV−Geertsema−Sligh) (Falk, Kenneth) Added document link on 4/6/2012 (JD). (Entered: 04/05/2012)

TRIAL BRIEF by All Plaintiffs. (Falk, Kenneth) (Entered: 04/16/2012)

Unopposed MOTION for Extension of Time to May 11, 2012 to file response to 34 MOTION for Preliminary Injunction and to plaintiffs' trial brief 42 , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 05/02/2012)

NOTICE of Service of Initial Disclosures , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 05/03/2012)

ORDER granting 43 Motion for Extension of Time − The time for the defendant to file a response to the motion for preliminary injunction and trial brief is hereby enlarged to May 11. The time within which plaintiffs may file their reply is hereby enlarged to May 25. The remainder of the minute entry for March 27, 2012, status conference, including the May 18 telephonic status conference, remains in full force and effect. Signed by Judge Tanya Walton Pratt on 5/3/2012. (JD) (Entered: 05/03/2012)

TRIAL BRIEF by PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 05/11/2012)

TRIAL BRIEF −REPLY− by All Plaintiffs. (Falk, Kenneth) (Entered: 05/17/2012)

**PLEASE DISREGARD, FILED IN THE WRONG CASE** NOTICE of Service of Initial Disclosures (Belated) , filed by Plaintiff JOHN DOE. (Falk, Kenneth) Modified on 5/18/2012 (JD). (Entered: 05/18/2012)

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Status Conference held on 5/18/2012. (See Entry for details.) Signed by Magistrate Judge Mark J. Dinsmore. (TMA) (Entered: 05/21/2012)

ENTRY REGARDING ROOM CHANGE − The hearing on Plaintiffs' Motion for Preliminary Injunction (Dkt. 34 ) and the merits of this action is scheduled to commence on May 31, 2012 at 9:00 a.m. in Courtroom 349, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Please make note of this

ENTRY FOLLOWING BENCH TRIAL ON THE MERITS - For the above reasons, the Court DENIES Mr. Doe's Motion for Preliminary Injunction and his request for permanent relief in the form of a declaratory judgment and a permanent injunction. (Dkt. Nos. 34 and 42 ) Final judgment in favor of the State will accompany this entry. Signed by Judge Tanya Walton Pratt on 6/22/2012. (JD)

CLOSED JUDGMENT − After conducting a bench trial on the merits, the Court has denied Plaintiff, John Doe's Motion for Preliminary Injunction and request for permanent relief to enjoin enforcement of Indiana Code Indiana Code § 35−42−4−12 and ruled in favor of Defendant Prosecutor, Marion County, Indiana. The Court now enters final JUDGMENT in favor of Defendant. Signed by Judge Tanya Walton Pratt on 6/22/2012.(JD) (Entered: 06/22/2012)

NOTICE OF APPEAL as to 54 Closed Judgment, filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 06/26/2012)

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 55 Notice of Appeal − Instructions for Attorneys − Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 06/27/2012)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal. − for Court of Appeals Use Only. (TMA) (Entered: 06/27/2012)

USCA Case Number 12−2512 for 55 Notice of Appeal filed by JOHN DOE. (Attachments: # 1 Circuit Rule 3(b) Notice) (TMA) (Entered: 06/27/2012)

USCA Appeal Fees received $ 455 receipt number IP030494 re 55 Notice of Appeal filed by JOHN DOE. (cc: USCA re: CA #12−2512.) (TMA) (Entered: 06/27/2012)

SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by All Plaintiffs for proceedings held on May 31, 2012 (partial transcript) before Judge Hon. Tonya Walton Pratt, re 55 Notice of Appeal (Falk, Kenneth) (Entered: 06/28/2012)

DESIGNATION of Record on Appeal by JOHN DOE, PROSECUTOR, MARION COUNTY, INDIANA re 55 Notice of Appeal (Attachments: # 1 Civil Docket− Marked)(Falk, Kenneth) (Entered: 06/29/2012)

NOTICE of FILING of OFFICIAL TRANSCRIPT of Excerpt of Hearing held before Judge Tanya Walton Pratt on 05/31/2012 (Moxley, David) (Entered: 07/10/2012)

TRANSCRIPT of Excerpt of Hearing held on 05/31/2012 before Judge Tanya Walton Pratt. (4 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916−8209). Please review Local Rule 80−2 for more information on redaction procedures. Redaction Statement due 7/31/2012. Release of Transcript Restriction set for 10/9/2012. (Moxley, David) Released on 10/9/2012 (SWM). (Entered: 07/10/2012)

Certified and Transmitted Record on Appeal to US Court of Appeals, via email, re 55 Notice of Appeal. (TMA) (Entered: 10/24/2012)

Appeal Remark re 55 Notice of Appeal : Long record received and docketed by the USCA. (TMA) (Entered: 10/24/2012)

MANDATE of USCA as to 55 Notice of Appeal filed by JOHN DOE − We REVERSE, with costs, the district court's decision, and REMAND with instructions to enter judgment in favor of Doe and issue the injunction. The above is in accordance with the decision of this court entered on this date. (TMA) (Entered: 03/07/2013)

ORDER − This matter is before the Court regarding the Mandate (Dkt. 66 ) issued by the United States Court of Appeals, for the Seventh Circuit, which remanded this case for further proceedings. In accordance with Local Rule 16−2, parties shall file their position statement on or before March 29, 2013. Additionally, the Clerk of the Court is directed to reopen this case. Signed by Judge Tanya Walton Pratt on 3/7/2013.(JD) (Entered: 03/08/2013)

Unopposed MOTION for Extension of Time to 30 days after entry of Judgment to File for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 03/26/2013)

NOTICE of Filing Joint Position Statement by All Parties (Attachments: # 1 Proposed Final Judgment) (Falk, Kenneth) (Entered: 03/26/2013)

ORDER granting 68 Plaintiff's Unopposed Motion to Extend Time to File for Attorney's Fees and Costs. Plaintiffs shall have thirty days from this date to file any motion for attorneys' fees and costs. Signed by Judge Tanya Walton Pratt on 3/28/2013. (JD) (Entered: 03/28/2013)

CLOSED JUDGMENT − Indiana Code § 35−42−4−12 is unconstitutional as violating the First Amendment to the United States Constitution, and, IT IS ORDERED that Judgment is entered in favor of the plaintiff class, all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who are sexually violent predators under Indiana law or who have been convicted of one or more of the offenses listed in Indiana Code § 35−42−4−12(b)(2) and who are not within the statutory exceptions noted in Indiana Code § 35−42−4−12(a), and a permanent injunction is entered preventing enforcement by the defendant of Indiana Code § 35−42−4−12 against any member of the plaintiff class. Signed by Judge Tanya Walton Pratt on 3/28/2013.(JD) (Entered: 03/28/2013)

Unopposed MOTION for Extension of Time to May 29, 2013 to File for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/17/2013)

ORDER granting Pltfs' 72 Motion for Extension of Time to File for Attorney's Fees and Costs to 5/29/2013. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2013. (SWM) (Entered: 04/18/2013)

Unopposed MOTION for Extension of Time to June 28, 2013 to file for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/22/2013)

ORDER granting 74 Motion for Extension of Time to 6/28/13 to File for Attorney's Fees and Costs. Signed by Magistrate Judge Mark J. Dinsmore on 5/23/2013. (TMA) (Entered: 05/23/2013)

NOTICE Concerning Payment of Attorney's Fees and Costs , filed by Plaintiff JOHN DOE (Attachments: # 1 Supplement) (Falk, Kenneth) (Entered: 06/07/2013)