Case: Tully v. Okeson

1:20-cv-01271 | U.S. District Court for the Southern District of Indiana

Filed Date: April 29, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker.COVID-19 Summary: This putative class-action lawsuit was filed on April 29 by twelve individual voter plaintiffs and a non-profit corporation against the Indiana Secretary of State and members of the Indiana Election Commission to challenge Indiana’s absentee voting laws. The plaintiffs sought declaratory and injunctive relief. On August 21, …

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker.

COVID-19 Summary: This putative class-action lawsuit was filed on April 29 by twelve individual voter plaintiffs and a non-profit corporation against the Indiana Secretary of State and members of the Indiana Election Commission to challenge Indiana’s absentee voting laws. The plaintiffs sought declaratory and injunctive relief. On August 21, the plaintiffs’ preliminary injunction was denied. The plaintiffs appealed the court’s decision to the Seventh Circuit shortly after. The case is ongoing.


On April 29, twelve Indiana voters who did not qualify to vote by mail in the general election under Indiana’s voting law and a non-profit corporation filed a suit against the Indiana Secretary of State and members of the Indiana Election Commission. The plaintiffs challenged Indiana’s excuse requirement to vote absentee, alleging that Indiana’s absentee voting law unconstitutionally burdened their right to vote and violated the equal protection clause against the Fourteenth Amendment. The plaintiffs sought declaratory relief under 28 U.S.C. §§ 2201-02 and injunctive relief under 42 U.S.C. § 1983. Specifically, they sought an order requiring the state to extend mail voting to all Indiana voters and to permit no-excuse absentee voting for the November elections. The plaintiffs also sought attorney fees, and were represented by private attorneys. The case was filed at the U.S. District Court for the Southern District of Indiana and assigned to Judge James Patrick Hanlon.

On May 4, the plaintiffs amended the complaint to include an allegation that the challenged law violated the Twenty-Sixth Amendment as it denied Indiana voters under the age of sixty-five their right to vote by mail. The plaintiffs also filed a motion for a preliminary injunction on June 8 and a motion for class certification for a class of all Indiana voters on June 16.

The defendants filed a response in opposition to the preliminary injunction and class certification on July 24. On August 18, the defendants filed a motion to consolidate the case with another case posing a constitutional challenge on Indiana’s absentee voting laws, Common Cause Indiana et al. v. Election Commission Members et al. The motion for consolidation was denied on August 20, finding that they have not shown that many of the same facts will be relevant in both cases, or that the legal issues are substantially the same. 2020 WL 4877434.

On August 21, the plaintiffs’ preliminary injunction was denied. 2020 WL 4926439. The court concluded that Indiana’s excuse requirement was a policy choice and not a violation of equal protection. The same day, the court accepted the Disability Rights Education and Defend Fund’s motion to file an amici curiae brief, filed earlier in the month.

On August 24, the plaintiffs appealed the court’s decision to the Seventh Circuit. The motion to certify class remains pending, and the case is ongoing.

Summary Authors

Averyn Lee (9/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17110542/parties/tully-v-okeson/


Judge(s)

Hanlon, James Patrick (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Glickstein, Jed W. (Illinois)

Groth, William R. (Indiana)

Isaac, Gary A. (Illinois)

Legner, Brett E. (Illinois)

Scodro, Michael Anthony (Illinois)

Sniderman, Mark W. (Indiana)

Strauss, Jeffrey M. (Illinois)

Attorneys(s) for Defendant

Abshire, Courtney Lyn (Indiana)

Judge(s)

Hanlon, James Patrick (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Glickstein, Jed W. (Illinois)

Groth, William R. (Indiana)

Isaac, Gary A. (Illinois)

Legner, Brett E. (Illinois)

Scodro, Michael Anthony (Illinois)

Sniderman, Mark W. (Indiana)

Strauss, Jeffrey M. (Illinois)

Attorneys(s) for Defendant

Abshire, Courtney Lyn (Indiana)

Fisher, Thomas M. (Indiana)

Garn, Jefferson S. (Indiana)

Hudson, Kian James (Indiana)

Nijjar, Parvinder Kaur (Indiana)

Other Attorney(s)

Clarke, Bridget A. (California)

Expert/Monitor/Master

Jones, Jeffrey G. (Indiana)

Shufeldt, Gregory D (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 14, 2020 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

April 29, 2020 Complaint
6

Amended Class Action Complaint for Declaratory and Injunctive Relief

May 4, 2020 Pleading / Motion / Brief
13 (13-1 to 13-14) & 14

Motion for Preliminary Injunction

June 8, 2020 Pleading / Motion / Brief
17 & 18

Motion for Class Certification

June 16, 2020 Pleading / Motion / Brief
50

Response in Opposition to Motion for Class Certification

July 24, 2020 Pleading / Motion / Brief
53

Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

July 24, 2020 Pleading / Motion / Brief
62

Plaintiffs' Reply Memorandum in Support of their Motion for Preliminary Injunction

July 31, 2020 Pleading / Motion / Brief
64

Tully v. Okeson

Motion for Indiana Disability Rights, Indiana Statewide Independent Living Council, American Diabetes Association, Disability Rights Education and Defense Fund Inc., and the Disability Rights Legal Center for Leave to File Brief as Amici Curiae

Aug. 11, 2020 Pleading / Motion / Brief
71

Order Denying Motion to Consolidate

Aug. 20, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17110542/tully-v-okeson/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5973629) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Sniderman, Mark) (Entered: 04/29/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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April 29, 2020 RECAP
2

NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 04/29/2020)

April 29, 2020 PACER
3

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Groth, William) (Entered: 04/29/2020)

April 29, 2020 PACER
4

Summons Issued as to ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (REO) (Entered: 04/30/2020)

April 30, 2020 PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 04/30/2020)

April 30, 2020 RECAP
6

AMENDED COMPLAINT for Declaratory and Injunctive Relief, against All Defendants, filed by All Plaintiffs.(Sniderman, Mark) (Entered: 05/04/2020)

May 4, 2020 RECAP
7

NOTICE of Service of Amended Complaint, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 6 Amended Complaint. (Sniderman, Mark) (Entered: 05/04/2020)

May 4, 2020 RECAP
8

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 05/06/2020)

May 6, 2020 RECAP
9

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Abshire, Courtney) (Entered: 05/06/2020)

May 6, 2020 PACER
10

SCHEDULING ORDER: Initial Pretrial Conference set for 6/23/2020 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional details. Signed by Magistrate Judge Doris L. Pryor on 5/11/2020.(SWM) (Entered: 05/13/2020)

May 11, 2020 RECAP
11

RETURN of Service by CMRRR, filed by All Plaintiffs. ZACHARY E. KLUTZ served on 5/4/2020; CONNIE LAWSON served on 5/4/2020; S. ANTHONY LONG served on 5/4/2020; PAUL OKESON served on 5/4/2020; SUZANNAH WILSON OVERHOLT served on 5/4/2020. (Groth, William) (Entered: 05/13/2020)

May 13, 2020 PACER
12

NOTICE of Parties' First Extension of Time, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 05/17/2020)

May 17, 2020 RECAP
13

MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Declaration of Barbara Tully, # 2 Exhibit Declaration of David Carter, # 3 Exhibit Declaration of Elizabeth Kmieciak, # 4 Exhibit Declaration of Janice Johnson, # 5 Exhibit Declaration of Marc Black, # 6 Exhibit Declaration of Katharine Black, # 7 Exhibit Declaration of Shelly Brown, # 8 Exhibit Declaration of Chaquitta McCreary, # 9 Exhibit Declaration of Dominic Tumminello, # 10 Exhibit Declaration of Rebecca Gaines, # 11 Exhibit Declaration of Katherine Paolacci, # 12 Exhibit Declaration of David Slivka, # 13 Exhibit Declaration of Jeffrey G. Jones, M.D., M.P.H., # 14 Exhibit Declaration of Gregory Shufeldt, Ph.D.)(Sniderman, Mark) (Entered: 06/08/2020)

1 Exhibit Declaration of Barbara Tully

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2 Exhibit Declaration of David Carter

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3 Exhibit Declaration of Elizabeth Kmieciak

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4 Exhibit Declaration of Janice Johnson

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5 Exhibit Declaration of Marc Black

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6 Exhibit Declaration of Katharine Black

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7 Exhibit Declaration of Shelly Brown

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8 Exhibit Declaration of Chaquitta McCreary

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9 Exhibit Declaration of Dominic Tumminello

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10 Exhibit Declaration of Rebecca Gaines

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11 Exhibit Declaration of Katherine Paolacci

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12 Exhibit Declaration of David Slivka

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13 Exhibit Declaration of Jeffrey G. Jones, M.D., M.P.H.

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14 Exhibit Declaration of Gregory Shufeldt, Ph.D.

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June 8, 2020 RECAP
14

BRIEF/MEMORANDUM in Support re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 06/08/2020)

June 8, 2020 RECAP
15

SCHEDULING ORDER-TELEPHONIC Status Conference set for 6/18/2020 at 3:30 PM (Eastern) before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss a briefing schedule regarding the Motion for Preliminary Injunction 13 . Signed by Magistrate Judge Doris L. Pryor on 6/9/2020.(CBU) (Entered: 06/10/2020)

June 9, 2020 RECAP
16

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Nijjar, Parvinder) (Entered: 06/12/2020)

June 12, 2020 PACER
17

***WITHDRAWN PER 93 *** MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Declaration of William R. Groth, # 2 Exhibit Declaration of Mark W. Sniderman)(Sniderman, Mark) Modified on 1/19/2021 (MAC). (Entered: 06/16/2020)

1 Exhibit Declaration of William R. Groth

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2 Exhibit Declaration of Mark W. Sniderman

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June 16, 2020 RECAP
18

BRIEF/MEMORANDUM in Support re 17 MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 06/16/2020)

June 16, 2020 RECAP
20

Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO . (Sniderman, Mark) (Entered: 06/16/2020)

June 16, 2020 RECAP
21

ANSWER to 6 Amended Complaint, filed by All Defendants.(Garn, Jefferson) (Entered: 06/18/2020)

June 18, 2020 RECAP
23

PRELIMINARY INJUNCTION SCHEDULING ORDER - The parties appeared by counsel telephonically for a telephonic status conference on June 18, 2020 pursuant to Rule 16 of the Federal Rules of Civil Procedure regarding the Plaintiffs' Motion for Preliminary Injunction, Dkt. [ 13 ]. The Court establishes the following schedule to prepare this matter for a hearing on that motion (see Order for established deadlines and addition details). Signed by Magistrate Judge Doris L. Pryor on 6/22/2020.(SWM) (Entered: 06/23/2020)

June 22, 2020 RECAP
24

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on June 23, 2020. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed.This matter is scheduled for a telephonic status conference on June 29, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system.This matter is scheduled for a telephonic settlement conference on July 14, 2020 at 10:00 a.m. (Eastern) before Magistrate Judge Doris L. Pryor. The parties shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/29/2020)

June 29, 2020 PACER
26

Unopposed MOTION for Extension of Time to File Response to 7/24/2020 re 17 MOTION to Certify Class, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 06/29/2020)

June 29, 2020 PACER
27

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/29/2021. Discovery due by 2/26/2021. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

June 29, 2020 PACER
28

ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

June 29, 2020 RECAP
29

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

June 29, 2020 RECAP
30

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 29, 2020. The parties discussed the status of and future plans for discovery. The parties also discussed the telephonic Settlement Conference scheduled for July 14, 2020. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/01/2020)

June 30, 2020 RECAP
31

ORDER granting Defendants' 26 Motion for Extension of Time to File Response to 7/24/2020 re 17 MOTION to Certify Class . Signed by Magistrate Judge Doris L. Pryor on 7/1/2020. (SWM) (Entered: 07/01/2020)

July 1, 2020 PACER
32

MOTION to Excuse Individual Plaintiffs from Personal Attendance at July 14, 2020 Telephonic Settlement Conference, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/07/2020)

1 Text of Proposed Order

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July 7, 2020 RECAP
33

ORDER granting Plaintiffs' 32 Motion to Excuse Individual Plaintiffs from Personal Attendance at July 14, 2020 Telephonic Settlement Conference. The individual Plaintiffs are excused from personal attendance of the July 14, 2020 settlement conference. Barbara Tully shall attend the settlement conference on behalf of all Plaintiffs and shall have full and final settlement authority. Signed by Magistrate Judge Doris L. Pryor on 7/8/2020. (MAC) (Entered: 07/09/2020)

July 8, 2020 PACER
36

STIPULATION of Dismissal Only, as to Plaintiffs JANICE JOHNSON, SHELLY BROWN, KATHERINE PAOLACCI, filed by All Plaintiffs. (Sniderman, Mark) (Entered: 07/17/2020)

July 17, 2020 RECAP
38

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on July 14, 2020. This matter is CONTINUED to July 22, 2020 at 9:00 a.m. (Eastern) by telephone. Counsel shall attend the status conference by calling thedesignated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/20/2020)

July 17, 2020 RECAP
37

MOTION for Protective Order, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit Protective Order)(Garn, Jefferson) (Entered: 07/20/2020)

1 Exhibit Protective Order

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July 20, 2020 RECAP
39

Unopposed MOTION to Vacate Settlement Conference, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 07/21/2020)

1 Text of Proposed Order

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July 21, 2020 RECAP
40

ORDER - This matter comes before the Court on the Unopposed Motion to Vacate Settlement Conference, Dkt. [ 39 ]. The Court, having considered the same and being duly advised, hereby GRANTS said motion. The telephonic settlement conference is CONVERTED to a telephonic status conference on July 22, 2020 at 9:00 a.m. (Eastern). Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 7/21/2020.(SWM) (Entered: 07/21/2020)

July 21, 2020 RECAP
42

ORDER Acknowledges Parties' 36 Stipulation of Dismissal. The Clerk is DIRECTED to dismiss ONLY Shelly Brown, Janice Johnson, and Katherine Paolacci from the docket. (Marginal Notation). Signed by Judge James Patrick Hanlon on 7/21/2020. (MAC) (Entered: 07/22/2020)

July 21, 2020 RECAP
43

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on July 22, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on October 14, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/23/2020)

July 22, 2020 RECAP
44

STIPULATED PROTECTIVE ORDER 37 So ordered. Signed by Magistrate Judge Doris L. Pryor on 7/22/2020.(SWM) (Entered: 07/23/2020)

July 22, 2020 RECAP
45

MOTION for Attorney(s) Jed W. Glickstein to Appear pro hac vice (Filing fee $100, receipt number 0756-6096438), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Certification for Jed W. Glickstein, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

July 24, 2020 PACER
46

MOTION for Attorney(s) Gary A. Isaac to Appear pro hac vice (Filing fee $100, receipt number 0756-6096464), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Gary A. Isaac Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

July 24, 2020 PACER
47

MOTION for Attorney(s) Brett E. Legner to Appear pro hac vice (Filing fee $100, receipt number 0756-6096480), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Brett E. Legner Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

July 24, 2020 PACER
48

MOTION for Attorney(s) Michael A. Scodro to Appear pro hac vice (Filing fee $100, receipt number 0756-6096501), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Michael A. Scodro Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

July 24, 2020 PACER
49

MOTION for Attorney(s) Jeffrey M. Strauss to Appear pro hac vice (Filing fee $100, receipt number 0756-6096509), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Jeffrey M. Strauss Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

July 24, 2020 PACER
50

RESPONSE in Opposition re 17 MOTION to Certify Class, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/24/2020)

July 24, 2020 RECAP
51

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Fisher, Thomas) (Entered: 07/24/2020)

July 24, 2020 PACER
52

NOTICE of Appearance by Kian J. Hudson on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Hudson, Kian) (Entered: 07/24/2020)

July 24, 2020 PACER
53

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit 1 Angerman declaration, # 2 Exhibit 2 Hoskins declaration, # 3 Exhibit 3 Williams declaration, # 4 Exhibit 4 Clifton declaration, # 5 Exhibit 5 EO 20-02, # 6 Exhibit 6 EO 20-07, # 7 Exhibit 7 EO 20-08, # 8 Exhibit 8 IEC order 2020-37, # 9 Exhibit 9 Pl. interrogatory responses)(Garn, Jefferson) (Entered: 07/24/2020)

1 Exhibit 1 Angerman declaration

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2 Exhibit 2 Hoskins declaration

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3 Exhibit 3 Williams declaration

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4 Exhibit 4 Clifton declaration

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5 Exhibit 5 EO 20-02

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6 Exhibit 6 EO 20-07

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7 Exhibit 7 EO 20-08

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8 Exhibit 8 IEC order 2020-37

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9 Exhibit 9 Pl. interrogatory responses

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July 24, 2020 RECAP
54

MOTION for Attorney(s) Bridget A. Clarke to Appear pro hac vice for Interested/Amicus Party, Disability Rights Education and Defense Fund, Inc. (Filing fee $100.00, receipt number IP070087). (Attachments: # 1 Text of Proposed Order, # 2 Copy of Receipt, # 3 Envelope)(DWH) (Entered: 07/27/2020)

1 Text of Proposed Order

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2 Copy of Receipt

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3 Envelope

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July 27, 2020 RECAP
55

ORDER granting 45 Motion to Appear pro hac vice. Attorney Jed W. Glickstein for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Jed W. Glickstein via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

July 28, 2020 RECAP
56

ORDER granting 46 Motion to Appear pro hac vice. Attorney Gary A. Isaac for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Gary A. Isaac via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

July 28, 2020 PACER
57

ORDER granting 47 Motion to Appear pro hac vice. Attorney Brett E. Legner for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO, and INDIANA VOTE BY MAIL, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Brett E. Legner via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

July 28, 2020 PACER
58

ORDER granting 48 Motion to Appear pro hac vice. Attorney Michael Scodro for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Michael A. Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/29/2020)

July 28, 2020 PACER
59

ORDER granting 49 Motion to Appear pro hac vice. Attorney Jeffrey M. Strauss for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC. added. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/29/2020)

July 28, 2020 PACER
60

REPLY in Support of Motion re 17 MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 07/31/2020)

July 31, 2020 RECAP
61

Appendix of Exhibits in Support of Reply in Support of Motion re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Exhibit 1: Tribune Star Op-Ed, July 28, 2020, # 2 Exhibit Exhibit 2: Journal Gazette Editorial, July 26, 2020, # 3 Exhibit Exhibit 3: Statement of Indiana Advisory Committee to U.S. Commission on Civil Rights, July 23, 2020, # 4 Exhibit Exhibit 4: N.Y. Times Coronavirus Tracker, last updated July 31, 2020 9:01 AM, # 5 Exhibit Exhibit 5: State of Indiana, Executive Order 20-37, July 24, 2020, # 6 Exhibit Exhibit 6: Journal Gazette Article, May 15, 2020, # 7 Exhibit Exhibit 7: Indiana COVID-19 Dashboard, results as of July 29, 2020, 11:59 PM, # 8 Exhibit Exhibit 8: Consolidated CDC guidance and press releases, # 9 Exhibit Exhibit 9: Indianapolis Star Article, July 16, 2020, # 10 Exhibit Exhibit 10: Declaration of Myla Eldridge, July 30, 2020, # 11 Exhibit Exhibit 11: Declaration of Michelle Fajman, July 31, 2020, # 12 Exhibit Exhibit 12: National Vote at Home Institute, Applying for a Mailed-out Ballot: A State-by- State Guide (updated March 2020), # 13 Exhibit Exhibit 13: Indiana 2016 General Election Turnout and Registration)(Sniderman, Mark) (Entered: 07/31/2020)

July 31, 2020 PACER
62

REPLY in Support of Motion re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 07/31/2020)

July 31, 2020 RECAP
63

ORDER - granting 54 Motion to Appear pro hac vice. Attorney Bridget A. Clarke for DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Additionally, the Clerk is instructed to add to the docket Disability Rights Education and Defense Fund, Inc. as an Amicus Party. Signed by Magistrate Judge Doris L. Pryor on 8/6/2020. Copy Mailed. (CKM) (Entered: 08/06/2020)

Aug. 6, 2020 RECAP
64

MOTION for Leave to File Amici Curiae Brief, filed by Amicus DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC. (Attachments: # 1 Exhibit Amici Curiae Brief)(Clarke, Bridget) (Entered: 08/11/2020)

1 Exhibit Amici Curiae Brief

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Aug. 11, 2020 RECAP
65

NOTICE of Supplemental Authority, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex A - Common Cause Rhode Island v Gorbea - 1st Circuit, # 2 Exhibit Ex B - Journal Gazette Article, # 3 Exhibit Ex C - RNC v Common Cause - Sup Ct) (Sniderman, Mark) (Entered: 08/14/2020)

1 Exhibit Ex A - Common Cause Rhode Island v Gorbea - 1st Circuit

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2 Exhibit Ex B - Journal Gazette Article

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3 Exhibit Ex C - RNC v Common Cause - Sup Ct

View on PACER

Aug. 14, 2020 RECAP
66

NOTICE of Supplemental Filing, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex A - Indianapolis Star Article, # 2 Exhibit Ex B - NWI Times Article, # 3 Exhibit Ex C - WTHR Article) (Sniderman, Mark) (Entered: 08/16/2020)

1 Exhibit Ex A - Indianapolis Star Article

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2 Exhibit Ex B - NWI Times Article

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3 Exhibit Ex C - WTHR Article

View on PACER

Aug. 16, 2020 RECAP
67

MOTION to Consolidate Cases, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/18/2020)

Aug. 18, 2020 RECAP
68

COURT NOTICE: Any response to Defendants' Motion to Consolidate, dkt. 67, must be filed by Friday, August 21, 2020. *** TEXT ONLY ENTRY *** (PKP) Modified on 8/18/2020 (PKP). (Entered: 08/18/2020)

Aug. 18, 2020 PACER

Order

Aug. 18, 2020 PACER
69

RESPONSE in Opposition re 67 MOTION to Consolidate Cases, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
70

RESPONSE in Opposition re 67 MOTION to Consolidate Cases, filed by Miscellaneous COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Sniderman, Mark) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
71

ORDER DENYING MOTION TO CONSOLIDATE - Defendants have filed a motion to consolidate Common Cause Indiana et al. v. Election Commission Members et al., No. 1:20-cv-2007-SEB-TAB, with this case. Dkt. 67. They argue that this Court should exercise its discretion to consolidate the cases to "ensure judicial efficiency and avoid potential confusion by separate rulings." The motion to consolidate is DENIED. Dkt. 67 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 8/20/2020. Copies distributed pursuant to distribution list. (DWH) (Entered: 08/20/2020)

Aug. 20, 2020 RECAP
72

ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION - As the Supreme Court has noted, allowing broader voting by mail may be wise policy. See McDonald, 394 U.S. at 811 (noting Illinois' "consistent and laudable state policy of adding, over a 50-year period, groups to the absentee coverage"). Some states have chosen "no-excuse" voting by mail for all. See dkt. 62 at 14. Indiana has decided otherwise. The question here, however, is not whether the policy is wise, but whether it is constitutional. For the reasons explained above, Plaintiffs have not shown a reasonable likelihood of success in showing that the policy is unconstitutional. Plaintiffs' motion for a preliminary injunction is therefore DENIED. Dkt. 13 . Amicus Disability Rights Education and Defense Fund's motion for leave to file amici curiae brief is GRANTED. Dkt. 64 . The motion to certify class remains pending. Dkt. 17. The parties shall file a status update by August 28, 2020 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 8/21/2020. (DWH) (Entered: 08/21/2020)

Aug. 21, 2020 RECAP
73

NOTICE OF APPEAL as to 72 Order on Motion for Leave to FileOrder on Motion for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Filing fee $505, receipt number 0756-6145085) (Sniderman, Mark) (Entered: 08/24/2020)

Aug. 24, 2020 RECAP
74

PARTIES' SHORT RECORD re 73 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
75

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 73 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
76

USCA Case Number 20-2605 for 73 Notice of Appeal filed by DOMINIC TUMMINELLO, MARC BLACK, JANICE JOHNSON, BARBARA TULLY, INDIANA VOTE BY MAIL, INC., DAVID SLIVKA, SHELLY BROWN, REBECCA GAINES, KATHERINE PAOLACCI, DAVID CARTER, KATHARINE BLACK, CHAQUITTA MCCLEARY, ELIZABETH KMIECIAK. (LBT) (Entered: 08/25/2020)

Aug. 25, 2020 RECAP
77

STATUS REPORT, Joint, by All Plaintiffs. (Sniderman, Mark) (Entered: 08/28/2020)

Aug. 28, 2020 RECAP
78

NOTICE of Service of Initial Disclosures, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
79

Witness List Preliminary, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, Exhibit List Preliminary, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
80

Witness List preliminary, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT, Exhibit List preliminary, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
81

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William R. Groth hereby notifies the Clerk of the court of changed contact information. (Groth, William) (Entered: 09/30/2020)

Sept. 30, 2020 PACER
83

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on October 13, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on December 3, 2020 at 1:00 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 10/15/2020)

Oct. 14, 2020 PACER
84

MANDATE of USCA as to 73 Notice of Appeal filed by DOMINIC TUMMINELLO, MARC BLACK, JANICE JOHNSON, BARBARA TULLY, INDIANA VOTE BY MAIL, INC., DAVID SLIVKA, SHELLY BROWN, REBECCA GAINES, KATHERINE PAOLACCI, DAVID CARTER, KATHARINE BLACK, CHAQUITTA MCCLEARY, ELIZABETH KMIECIAK (USCA #20-2605) - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on 10/6/2020. (LBT) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
85

Statement of Position, by All Plaintiffs. (Sniderman, Mark) (Entered: 11/18/2020)

Nov. 18, 2020 RECAP
86

Statement of Defendant's Position by ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 11/18/2020)

Nov. 18, 2020 RECAP
88

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on December 3, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on January 12, 2021 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 12/04/2020)

Dec. 4, 2020 RECAP
89

AMENDED SCHEDULING ORDER (TIME ONLY) - This matter is currently set for a telephonic Status Conference on January 12, 2021 at 9:00 a.m. The Court now changes the time to 2:30 p.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Copy to Michael Anthony Scodro via Mail. Signed by Magistrate Judge Doris L. Pryor on 1/6/2021.(SWM) (Entered: 01/06/2021)

Jan. 6, 2021 RECAP
91

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on January 12, 2021. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on March 15, 2021 at 3:00 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 01/14/2021)

Jan. 14, 2021 RECAP
92

MOTION to Withdraw re 17 Motion for Class Certification, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Groth, William) Modified on 1/19/2021 - created link (DWH). (Entered: 01/15/2021)

Jan. 15, 2021 PACER
93

ORDER granting Plaintiffs 92 Motion to Withdraw ; withdrawing 17 Motion to Certify Class. Signed by Judge James Patrick Hanlon on 1/19/2021. (MAC) (Entered: 01/19/2021)

Jan. 19, 2021 RECAP
95

Unopposed MOTION to Stay Proceedings in the District Court, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 03/17/2021)

March 17, 2021 PACER
96

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on March 15, 2021. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on November 16, 2021 at 11:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 03/19/2021)

March 18, 2021 PACER
97

ORDER granting Plaintiff's Unopposed 95 Motion to Stay. This matter is STAYED until any proceedings in the United States Supreme Court are resolved. The parties shall file a joint status report every 180 days. Signed by Magistrate Judge Doris L. Pryor on 3/19/2021. (MAC) (Entered: 03/22/2021)

March 19, 2021 RECAP
98

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William R. Groth hereby notifies the Clerk of the court of changed contact information. (Groth, William) (Entered: 06/25/2021)

June 25, 2021 PACER
99

STIPULATION of Dismissal as to Counts I and III Only, as to Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT, filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/14/2021)

Sept. 14, 2021 PACER
100

STATUS REPORT, Joint, by All Plaintiffs. (Sniderman, Mark) (Entered: 09/15/2021)

Sept. 15, 2021 PACER
101

DISMISSAL (Marginal Notation) - The Court acknowledges the Stipulation of Dismissal of Count I, with prejudice, and Count III, without prejudice, only, dkt. 99 . Signed by Judge James Patrick Hanlon on 9/20/2021.(DWH) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
102

MOTION to Withdraw Attorney Appearance of Parvinder K. Nijjar, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
103

ORDER granting 102 Motion to Withdraw Attorney Appearance. Attorney Parvinder Kaur Nijjar withdrawn. Copy to Michael Anthony Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 9/22/2021. (SWM) (Entered: 09/22/2021)

Sept. 22, 2021 PACER
104

Unopposed MOTION to Lift Stay, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/24/2021)

Sept. 24, 2021 PACER
105

ORDER granting Plaintiffs' 104 Motion to Lift Stay. The stay in this matter is LIFTED. Signed by Magistrate Judge Doris L. Pryor on 9/28/2021. (SWM) (Entered: 09/28/2021)

Sept. 28, 2021 PACER
106

AMENDED SCHEDULING ORDER (TIME ONLY) - This matter is currently set for a telephonic Status Conference on November 16, 2021 at 11:00 a.m. The Court now changes the time to 11:15 a.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Copy to Michael Anthony Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/1/2021.(SWM) (Entered: 11/02/2021)

Nov. 1, 2021 PACER
108

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on November 16, 2021. The parties discussed the status of the case. Discovery is reopened for the limited purpose of exploring issues related to Plaintiffs' standing. The parties intend to file cross-motions for summary judgment on the remaining claim, Count II related to violations of the 26th Amendment. Summary judgment briefing shall proceed as follows: Plaintiffs' motion for summary judgment shall be filed on or before December 10, 2021. Defendants' response to Plaintiffs' motion for summary judgment and cross- motion for summary judgment shall be due on or before January 24, 2022. Plaintiffs' reply in support of their motion for summary judgment and response to Defendants' motion for summary judgment shall be filed on or before February 23, 2022. Defendants' reply in support of their motion for summary judgment shall be due on or before March 16, 2022. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 11/18/2021)

Nov. 18, 2021 PACER
109

MOTION to Withdraw Attorney Appearance, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Hudson, Kian) (Entered: 12/02/2021)

Dec. 2, 2021 PACER
110

ORDER granting 109 Motion to Withdraw Attorney Appearance. Attorney Kian J. Hudson withdrawn. Signed by Magistrate Judge Doris L. Pryor on 12/6/2021. (SWM) (Entered: 12/06/2021)

Dec. 6, 2021 PACER

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 29, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

twelve Indiana voters who did not qualify to vote by mail in the general election under Indiana’s voting law and a non-profit corporation on behalf of all Indiana voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Indiana Election Commission, State

Indiana Secretary of State , State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Denied

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules