Case: Elim Romanian Pentecostal Church v. Pritzker

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice (ec, ) (Entered: 05/08/2020)

COMPLAINT for Emergency Temporary Restraining Order and Preliminary Injunction filed by Elim Romanian Pentecostal Church, Logos Baptist Ministries; Filing fee $ 400, receipt number 0752-16996654. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Mihet, Horatio) (Entered: 05/07/2020)

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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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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CIVIL Cover Sheet (Mihet, Horatio) (Entered: 05/07/2020)

Designation of Local Counsel by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Mihet, Horatio) (Entered: 05/07/2020)

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for temporary restraining order and preliminary injunction and for emergency hearing (Mihet, Horatio) (Entered: 05/08/2020)

case assigned

MEMORANDUM by Elim Romanian Pentecostal Church, Logos Baptist Ministries in support of motion for temporary restraining order 4 and for preliminary injunction and emergency hearing (Mihet, Horatio) (Entered: 05/08/2020)

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file excess pages in Memorandum in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction Instanter (Mihet, Horatio) (Entered: 05/08/2020)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16996711. (Mihet, Horatio) (Entered: 05/08/2020)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16996713. (Schmid, Daniel) (Entered: 05/08/2020)

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (td, )

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as the emergency judge. Plaintiffs' motion for temporary restraining order and preliminary injunction [docket entry 769 on the emergency docket; docket entry 4 in the regular civil docket in Case No. 20-cv-2782] will be handled by Judge Gettleman, who is the assigned judge. The Clerk is directed to terminate the motion in the emergency docket and all further filings will be made in the regular civil docket. Counsel are directed to contact Judge Gettleman's Courtroom Deputy, Claire Newman (Claire_Newman@ilnd.uscourts.gov) with any inquiries. Mailed notice (cdh, ) (Entered: 05/08/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by R. Douglas Rees (Rees, R.) (Entered: 05/08/2020)

ATTORNEY Appearance for Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries by Sorin Adrian Leahu (Leahu, Sorin) (Entered: 05/08/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs have filed a motion for temporary restraining order ("TRO") and preliminary injunction 4 seeking to temporarily and preliminarily enjoin what plaintiffs refer to as defendant's "Gathering Orders" so that plaintiffs can begin conducting in-person religious services for more than 10 people beginning Sunday, May 10, 2020. Defendant is directed to file a response to the motion on or before 5:00 p.m., May 9, 2020. Plaintiffs may file a reply on or before 5:00 p.m., May 10, 2020. Due to the timing of the filing of the complaint and motion by plaintiffs (at approximately 11:15 p.m. May 7, 2020), and the briefing schedule set by the court, the court declines to issue a TRO with respect to this Sunday's May 10, 2020 religious services. The court will consider the remainder of the motion after receiving the parties' briefs. Plaintiffs' motion for leave to file excess pages in their memorandum of law in support of motion for temporary restraining order and preliminary injunction instanter 6 and attorneys Horatio G. Mihet 7 and Daniel J. Schmid's 8 motions to appear pro hac vice are granted. Mailed notice (cn). (Entered: 05/08/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Kelly C. Bauer (Bauer, Kelly) (Entered: 05/08/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Hal Dworkin (Dworkin, Hal) (Entered: 05/08/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Christopher Graham Wells (Wells, Christopher) (Entered: 05/08/2020)

MOTION by Defendant Jay Robert Pritzker to transfer case and reassign as a related case (Wells, Christopher) (Entered: 05/08/2020)

RESPONSE by Elim Romanian Pentecostal Church, Logos Baptist Ministriesin Opposition to MOTION by Defendant Jay Robert Pritzker to transfer case and reassign as a related case 17 (Schmid, Daniel) (Entered: 05/09/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Sarah Jeanne Gallo (Gallo, Sarah) (Entered: 05/09/2020)

MOTION by Defendant Jay Robert Pritzker for leave to file excess pages in opposition to Plaintiffs' motion for temporary restraining order and preliminary injunction (Rees, R.) (Entered: 05/09/2020)

RESPONSE by Jay Robert Pritzkerin Opposition to MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for temporary restraining order and preliminary injunction and for emergency hearing 4 (Wells, Christopher) (Entered: 05/09/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Sarah Hughes Newman (Newman, Sarah) (Entered: 05/09/2020)

ORDER Signed by the Honorable Robert W. Gettleman on 5/10/2020: For the reasons described in the attached ORDER, defendant's Motion to Transfer and Reassign Case (Doc. 17 ) is denied. Mailed notice (cn). (Entered: 05/10/2020)

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file excess pages instanter (Schmid, Daniel) (Entered: 05/10/2020)

REPLY by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion for temporary restraining order 4 (Attachments: # 1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings, # 2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In-Person Services, # 3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order, # 4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu)(Schmid, Daniel) (Entered: 05/10/2020)

1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings

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2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In

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3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order

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4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu

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MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file Corrected Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Schmid, Daniel) (Entered: 05/10/2020)

REPLY by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion for temporary restraining order 4 Amended Reply (Attachments: # 1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings, # 2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In-Person Services, # 3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order, # 4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu)(Schmid, Daniel) (Entered: 05/10/2020)

1 Exhibit A - Sixth Circuit Injunction Pending Appeal as to In-Person Gatherings

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2 Exhibit B - Western District of Kentucky Injunction Pending Appeal Concerning In

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3 Exhibit C - Eastern District of Kentucky Temporary Restraining Order

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4 Exhibit D - Supplemental Declaration of Pastor Cristian Ionescu

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MINUTE entry before the Honorable Robert W. Gettleman: The governor's motion for leave to file overlength brief instanter 20, plaintiffs' motion for leave to file excess pages in their reply memorandum of law in support of motion for temporary restraining order and preliminary injunction instanter 24, and plaintiffs' motion for leave to file corrected reply with table of contents and table of authorities 26 are granted. Mailed notice (cn). (Entered: 05/11/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Governor J Pritzker is given leave to file a supplemental sur-reply on or before noon, May 12, 2020, responding to the additional factual and legal arguments contained in plaintiffs' amended reply brief 27 . No further briefs concerning the instant motion for a TRO and preliminary injunction will be accepted by the court. Mailed notice (cn). (Entered: 05/11/2020)

SUR-REPLY by Defendant Jay Robert Pritzker to text entry, 29, motion for temporary restraining order 4 (Attachments: # 1 Exhibit Exhibit A - 5-10-20 Chicago Sun-Times Article)(Wells, Christopher) (Entered: 05/12/2020)

1 Exhibit Exhibit A - 5-10-20 Chicago Sun-Times Article

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summons issued

SUMMONS Issued as to Defendant Jay Robert Pritzker. (ng, )

MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries for leave to file Second Supplemental Declaration of Pastor Cristian Ionescu in Support of TRO/PI Motion (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Pastor Cristian Ionescu in Support of TRO/PI Motion)(Mihet, Horatio) (Entered: 05/12/2020)

1 Exhibit A - Second Supplemental Declaration of Pastor Cristian Ionescu in Suppor

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SUMMONS RETURNED EXECUTED filed by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, Summons served on Governor Jay Robert Pritzker on 5/12/2020 (Schmid, Daniel) (Docket Text Modified by Clerks Office on 5/13/2020 (ec), ). (Entered: 05/13/2020)

MEMORANDUM Opinion and Order signed by the Honorable Robert W. Gettleman on 5/13/2020: Plaintiffs' motion for leave to file second supplemental declaration 31 is granted. For the reasons set forth in the attached Memorandum Opinion and Order, plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. 4 ) is denied. Mailed notice (cn). (Entered: 05/13/2020)

NOTICE of appeal by Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding orders 33 Filing fee $ 505, receipt number 0752-17009611. Receipt number: n (Schmid, Daniel) (Entered: 05/13/2020)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17009707. (Attachments: # 1 Addendum - Courts Admitted)(Gannam, Roger) (Entered: 05/13/2020)

1 Addendum - Courts Admitted

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MOTION by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist MinistriesEmergency Injunction Pending Appeal (Mihet, Horatio) (Entered: 05/13/2020)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 34 (ec, ) (Entered: 05/14/2020)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 34 . Notified counsel (ec, ) (Entered: 05/14/2020)

MINUTE entry before the Honorable Robert W. Gettleman: For the reasons set forth in this court's Memorandum Opinion and Order 33, Plaintiffs' emergency motion for injunction pending appeal and supporting memorandum 36 is denied. Attorney Roger K. Gannam's motion to appear pro hac vice is granted. Mailed notice (cn). (Entered: 05/14/2020)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 34 ; USCA Case No. 20-1811 (ec, ) (Entered: 05/15/2020)

ORDER dated 5/16/2020 from the 7th Circuit regarding notice of appeal 34 ; Appellate case no.: 20-1811: Accordingly, IT IS FINALLY ORDERED that plaintiffs-appellants' motion to strike is DENIED. The defendant-appellee is GRANTED leave to file his overlength response, which was prepared and filed in less than 12 hours in accordance with this court's order. (ec,) (Entered: 05/19/2020)

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) (Entered: 05/26/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Gretchen Elizabeth Helfrich (Helfrich, Gretchen) (PDF not legible) Modified on 5/29/2020 (aee, ). (Entered: 05/28/2020)

NOTICE by Gretchen Elizabeth Helfrich of Change of Address (Helfrich, Gretchen) (Entered: 05/28/2020)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Gretchen Elizabeth Helfrich Refiled (Helfrich, Gretchen) (Entered: 05/29/2020)

MOTION by Defendant Jay Robert Pritzker to stay pending appeal (Wells, Christopher) (Entered: 06/02/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs are directed to respond to the Governor's motion to stay these proceedings pending appeal 46 on or before 6/8/2020; defendant may reply on or before 6/11/2020. The court will rule via CM/ECF. Mailed notice (cn). (Entered: 06/03/2020)

RESPONSE by Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries to motion to stay 46, set motion and R&R deadlines/hearings, 47 (Mihet, Horatio) (Entered: 06/04/2020)

MINUTE entry before the Honorable Robert W. Gettleman: By agreement of the parties, the Governor's motion to stay these proceedings pending appeal 46 is granted. This case is stayed pending termination of the matters currently on appeal. Mailed notice (cn). (Entered: 06/08/2020)

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) (Entered: 07/10/2020)

CERTIFIED COPY OF USCA JUDGMENT dated 6/16/20 regarding notice of appeal 34 ; USCA No. 20-1811. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (aee, ) (Entered: 08/04/2020)

CERTIFIED copy of order dated 7/27/20 from the 7th Circuit regarding notice of appeal 34 ; Appellate case no. : 20-1811. Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on July 10, 2020. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all of the judges on the panel have voted to deny rehearing. The petition for rehearing is therefore DENIED. (aee, ) (Entered: 08/04/2020)

MANDATE of USCA dated 8/4/20 regarding notice of appeal 34 ;USCA No.20-1811 ; No record to be returned. (aee, ) (Entered: 08/04/2020)

MOTION by Defendant Jay Robert Pritzker to stay pending appeal (agreed motion) (Rees, R.) (Entered: 09/03/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Pritzker's agreed motion to stay pending appeal 54 is granted. Defendant's responsive pleading is due the latter of October 5, 2020 or 30 days after Plaintiffs' petition for certiorari is resolved. Mailed notice (cn). (Entered: 09/03/2020)

MOTION by Attorney Sorin A. Leahu to withdraw as attorney for Elim Romanian Pentecostal Church, Logos Baptist Ministries. No party information provided (Leahu, Sorin) (Entered: 10/16/2020)

ATTORNEY Appearance for Plaintiffs Elim Romanian Pentecostal Church, Logos Baptist Ministries by John W Mauck (Mauck, John) (Entered: 10/16/2020)

MINUTE entry before the Honorable Robert W. Gettleman: Motion to withdraw attorney Sorin A. Leahu as counsel for plaintiff 56 is granted. Mailed notice (cn). (Entered: 10/17/2020)

MINUTE entry before the Honorable Robert W. Gettleman: The parties are directed to file a Joint Status Report on or before 1/28/2021. Mailed notice (cn). (Entered: 01/21/2021)

STATUS Report by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Schmid, Daniel) (Entered: 01/27/2021)

MINUTE entry before the Honorable Robert W. Gettleman: In light of the parties' joint status report filed on 1/27/2021 60, the parties are directed to file a Joint Status Report on or before 4/15/2021. This case remains stayed until 4/15/2021 or further order of court. Mailed notice (cn). (Entered: 01/28/2021)

ENTERED IN ERROR. (jh, ) Modified on 3/25/2021 (jh, ). (Entered: 03/24/2021)

NOTICE of Correction regarding 62 . (jh, ) (Entered: 03/25/2021)

STATUS Report by Elim Romanian Pentecostal Church, Logos Baptist Ministries (Schmid, Daniel) (Entered: 04/15/2021)

MINUTE entry before the Honorable Robert W. Gettleman: In light of the parties' Joint Status Report 64 the court grants the parties' request to lift the stay entered on 1/28/2021 61 . Defendant's responsive pleading due by 5/14/2021. Telephonic status hearing set for 5/20/2021 at 9:30 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn). (Entered: 04/16/2021)

ATTORNEY Appearance for Defendant Jay Robert Pritzker by Alex Hemmer (Hemmer, Alex) (Entered: 05/13/2021)

MOTION by Defendant Jay Robert Pritzker to dismiss (Hemmer, Alex) (Entered: 05/14/2021)

MEMORANDUM by Jay Robert Pritzker in support of motion to dismiss 67 (Hemmer, Alex) (Entered: 05/14/2021)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 5/20/2021. The court sets the following briefing schedule on defendant's motion to dismiss 67 : plaintiff's response due by 5/28/2021; defendant's reply due 6/10/2021. The court will issue its ruling via CM/ECF. Mailed notice (cn). (Entered: 05/20/2021)

RESPONSE by Elim Romanian Pentecostal Church, Logos Baptist Ministriesin Opposition to MOTION by Defendant Jay Robert Pritzker to dismiss 67 (Attachments: # 1 Exhibit A - Permanent Injunction in Harvest Rock Church v. Newsom)(Schmid, Daniel) (Entered: 05/28/2021)

REPLY by Jay Robert Pritzker to MOTION by Defendant Jay Robert Pritzker to dismiss 67, response in opposition to motion, 70 (Hemmer, Alex) (Entered: 06/10/2021)

MEMORANDUM Opinion and Order signed by the Honorable Robert W. Gettleman on 7/26/2021: For the reasons set forth in the attached Opinion and Order, defendant's motion to dismiss 67 is granted. Civil case terminated. Mailed notice (cn). (Entered: 07/26/2021)

ENTERED JUDGMENT on 7/26/2021. Mailed notice (cn). (Entered: 07/26/2021)

NOTICE of appeal by Elim Romanian Pentecostal Church, Logos Baptist Ministries regarding orders 72, 73 Filing fee $ 505, receipt number 0752-18497041. Receipt number: n (Schmid, Daniel) (Entered: 07/26/2021)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 74 ; USCA Case No. 21-2523 (daj, ) (Entered: 08/18/2021)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 74 . Notified counsel (daj, ) (Entered: 08/18/2021)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 74 (daj, ) (Entered: 08/18/2021)

MANDATE of USCA dated 2/2/22 regarding notice of appeal 74 ;USCA No.21-2523 ; No record to be returned. (aee, ) (Entered: 02/02/2022)

CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 1/10/22; Decided 1/11/22 in USCA case no. 21-2523. (aee, ) (Entered: 02/02/2022)

CERTIFIED COPY OF USCA JUDGMENT dated 1/11/22 regarding notice of appeal 74 ; USCA No. 21-2523. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (aee, ) (Entered: 02/02/2022)