Case: Common Cause Indiana v. Lawson

1:20-cv-01825 | U.S. District Court for the Southern District of Indiana

Filed Date: July 8, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of October 15, 2020, Common Cause Indiana, a nonprofit, non-partisan, public interest group, sued the Indiana Secretary of State, Indiana Election Commission, the Indiana Election Division, four county election officials in their official capacities as county election officials and as representatives of all 280 individual mem…

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

According to their summary as of October 15, 2020,

Common Cause Indiana, a nonprofit, non-partisan, public interest group, sued the Indiana Secretary of State, Indiana Election Commission, the Indiana Election Division, four county election officials in their official capacities as county election officials and as representatives of all 280 individual members in their capacity as election officials of Indiana county election boards and boards of elections and registration. In 2019, Indiana enacted Indiana Public Law 278-2019 that amended Indiana election laws ("2019 Amendments") to (1) bar Indiana courts from hearing lawsuits by voters, political parties, candidates for public office, public interest groups, or any other entity (other than a county election board) regarding activities and conditions that create barriers to voting at polling stations and may in effect disenfranchise voters. (2) provide standing to only county election boards to bring lawsuits regarding such barriers, and to require unanimous approval of a county election board for that board to bring a lawsuit. (3) limit lawsuits regarding polling station irregularities to only those that shortened the hours a polling station was open. Consequently the following irregularities, for example, cannot be heard by Indiana courts: inadequate numbers of polling stations, malfunctioning equipment, insufficient ballots, or extraordinarily long wait times. In addition, such barriers and disruptions at polling places fall most heavily on communities of color, resulting in longer lines at polling places in predominantly non-white communities as compared to predominantly white communities. In addition, existing disparities in wealth, transportation, housing, employment, education, and other factors mean voters of color are less likely to be able to bear the burden of delays caused by these longer wait times. Claims that the 2019 Amendments violate the: (1) First and Fourteenth Amendments to U.S. Constitution by (a) removing voters' standing to seek the extension of polling hours at polling locations where they have been disenfranchised; (b) limiting claims of voting irregularities to only those regarding late openings of polling stations and closings of polling stations, and not providing redress for other polling station irregularities such as malfunctioning equipment or voting machines, insufficient ballots, or extraordinarily long wait times to vote, etc., (c) requiring unanimous vote of “the entire membership” of a county board, thus providing no means for a polling location’s hours to be extended if even a single member of a relevant county board is absent, unreachable, or unwilling to protect his or her constituents’ fundamental right to vote, and (d) disenfranchising voters with no legitimate state interest in the changes effected by the 2019 Amendments individually, nor in their combined effect. (2) Procedural Due Process under Fourteenth Amendment to U.S. Constitution by depriving a citizen’s constitutionally protected liberty or property interest without a constitutionally adequate due process. Procedural due process requires that “wielders of governmental power must be subject to the limits of law, and . . . the applicable limits should be determined, not by those institutions whose authority is in question, but by an impartial judiciary.” (3) Supremacy Clause of Article VI, clause 2 of U.S. Constitution by removing the right of voters, political parties, candidates for public office, public interest groups, or any other entity (other than county election boards) to petition Indiana courts to consider constitutional claims under 42 U.S.C. § 1983 that seek prospective injunctive relief in the form of an extension of polling-place hours.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17330283/parties/common-cause-indiana-v-lawson/


Judge(s)

Baker, Tim A. (Indiana)

Brennan, Michael Brian None (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Sykes, Diane S. (Wisconsin)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Austin, Brent R (Illinois)

Chablani, Aneel L (Ohio)

Gandhi, Ami D (Illinois)

Kinter, Sarah (Illinois)

Phillips, Bradley S. (California)

Judge(s)

Baker, Tim A. (Indiana)

Brennan, Michael Brian None (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Sykes, Diane S. (Wisconsin)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Austin, Brent R (Illinois)

Chablani, Aneel L (Ohio)

Gandhi, Ami D (Illinois)

Kinter, Sarah (Illinois)

Phillips, Bradley S. (California)

Rosenberg, Ezra D (District of Columbia)

Schweizer, Gregory M (Illinois)

Snow, Ryan (District of Columbia)

Terrell, Jennifer Susanne (Illinois)

Attorneys(s) for Defendant

Abshire, Courtney Lyn (Indiana)

Blevins, Sara R (Indiana)

Conrad, Monica J (Indiana)

Garn, Jefferson S. (Indiana)

Lowe, Anne Medlin (Indiana)

Masson, Douglas J. (Indiana)

Nijjar, Parvinder Kaur (Indiana)

Pratt, Aleksandrina Penkova (Indiana)

Riley, William N (Indiana)

Tolbert, Michael E (Indiana)

Documents in the Clearinghouse

Document

1:20-cv-01825

Docket [PACER]

Nov. 16, 2020

Nov. 16, 2020

Docket
1

1:20-cv-01825

Class Action Complaint for Declaratory and Injunctive Relief

July 8, 2020

July 8, 2020

Complaint
73

1:20-cv-01825

Entry on Plaintiff's Motion for Preliminary Injunction

488 F.Supp.3d 724, 2020 WL 5671506

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion

1:20-cv-01825

0:20-02877

Opinion

U. S. Court of Appeals for the Seventh Circuit

978 F.3d 1036

Oct. 23, 2020

Oct. 23, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17330283/common-cause-indiana-v-lawson/

Last updated Aug. 4, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE, filed by COMMON CAUSE INDIANA. (Filing fee $400, receipt number 0756-6065587) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
2

NOTICE of Appearance by Gregory M. Schweizer on behalf of Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
3

MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit 1 Schweizer Declaration, # 2 Schweizer Decl. Ex. A 11.6.2018 Article, 13 WTHR, # 3 Schweizer Decl. Ex. B Complaint and Order, Case No. 41C01-1811-MI-000263, Johnson Cty., # 4 Schweizer Decl. Ex. C 11.6.2018 Article, Times of Northwest Indiana, # 5 Schweizer Decl. Ex. D Petition and Order, Case No. 64D01-1811-MI-10723, Porter Cty., # 6 Schweizer Decl. Ex. E 11.6.2018 Article, Indiana Public Media, # 7 Schweizer Decl. Ex. F 11.6.2018 Article, Indianapolis Star, # 8 Schweizer Decl. Ex. G 2015 Report, Caltech/MIT Voting Technology Project, # 9 Schweizer Decl. Ex. H 2017 Working Paper, # 10 Schweizer Decl. Ex. I 2017 Article, Political Science Quarterly, # 11 Schweizer Decl. Ex. J 9.4.2019 Article, Natl Bureau of Econ. Res., # 12 Schweizer Decl. Ex. K 6.3.2020 Report, Brennan Center for Justice, # 13 Schweizer Decl. Ex. L 2005 Article, State Politics & Policy Quarterly, # 14 Schweizer Decl. Ex. M 2009 Article, State Politics & Policy Quarterly, # 15 Schweizer Decl. Ex. N U.S. Census Bureau Data for Lake Cty., # 16 Schweizer Decl. Ex. O U.S. Census Bureau Data for Porter Cty., # 17 Schweizer Decl. Ex. P 3.20.2020 Article, ABC News & Associated Press, # 18 Schweizer Decl. Ex. Q 5.15.2020 Article, Indianapolis Star, # 19 Schweizer Decl. Ex. R 6.2.2020 Article, Indianapolis Star, # 20 Schweizer Decl. Ex. S 3.14.2020 Article, Chicago Tribune, # 21 Schweizer Decl. Ex. T 3.17.2020 Article, Block Club Chicago, # 22 Schweizer Decl. Ex. U 3.17.2020 Article, NBC 5 Chicago, # 23 Schweizer Decl. Ex. V 3.17.2020 Article, Chicago Sun Times, # 24 Schweizer Decl. Ex. W 4.7.2020 Article, The New York Times, # 25 Schweizer Decl. Ex. X 4.7.2020 Article, WBAY, # 26 Schweizer Decl. Ex. Y 4.23.2020 Article, USA Today, # 27 Schweizer Decl. Ex. Z 5.1.2020 Article, Bloomberg News, # 28 Schweizer Decl. Ex. AA 4.29.2020 Article, CNN, # 29 Schweizer Decl. Ex. BB 4.12.2020 Article, CNN, # 30 Schweizer Decl. Ex. CC 5.7.2020 Article, WUSA, # 31 Schweizer Decl. Ex. DD 5.12.2020 Tr. of Dr. Fauci Congressional Testimony, # 32 Schweizer Decl. Ex. EE 7.1.2020 Article, Indianapolis Star, # 33 Schweizer Decl. Ex. FF 7.2.2020 Article, Indianapolis Star, # 34 Exhibit 2 Meredith Declaration, # 35 Exhibit 3 Vaughn Affidavit)(Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
4

BRIEF/MEMORANDUM in Support re 3 MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
5

MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
6

BRIEF/MEMORANDUM in Support re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
7

Summons Issued as to RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE. (JRB) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
8

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
9

MOTION for Attorney(s) Brent R. Austin to Appear pro hac vice (Filing fee $100, receipt number 0756-6069634), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Certification of Brent R. Austin, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
10

MOTION for Attorney(s) Sarah Kinter to Appear pro hac vice (Filing fee $100, receipt number 0756-6069663), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Certification of Sarah Kinter, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
11

ORDER granting Plaintiff's 10 Motion to Appear pro hac vice. Attorney Sarah Kinter for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Sarah Kinter via U.S. Mail. Signed by Magistrate Judge Tim A. Baker on 7/13/2020. (MAC) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
12

NOTICE of Appearance by William N. Riley on behalf of Defendant RAY ADLER. (Riley, William) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
13

NOTICE of Appearance by William N. Riley on behalf of Defendant RAY ADLER. (Riley, William) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
14

NOTICE of Appearance by Anne Medlin Lowe on behalf of Defendant RAY ADLER. (Lowe, Anne) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
15

Amended MOTION for Attorney(s) Brent R. Austin to Appear pro hac vice (Correction to ECF No. 9) (No fee paid with this filing), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Corrected Certification of Brent R. Austin, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
16

ORDER granting 15 Amended Motion to Appear pro hac vice. Attorney Brent R. Austin for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/15/2020. (SWM) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
17

RETURN of Service by CMRRR, filed by COMMON CAUSE INDIANA. RAY ADLER served on 7/14/2020; J. BRADLEY KING served on 7/14/2020; ZACHARY E. KLUTZ served on 7/14/2020; CONNIE LAWSON served on 7/13/2020; S. ANTHONY LONG served on 7/14/2020; ANGELA NUSSMEYER served on 7/14/2020; PAUL OKESON served on 7/14/2020; SUZANNAH WILSON OVERHOLT served on 7/14/2020; PAUL RAUSCH served on 7/13/2020; KEVIN C. SMITH served on 7/13/2020; RANDALL VONDERHEIDE served on 7/14/2020. (Schweizer, Gregory) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
18

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
19

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Nijjar, Parvinder) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
20

NOTICE of Appearance by Aleksandrina Penkova Pratt on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Pratt, Aleksandrina) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
21

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Abshire, Courtney) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
22

NOTICE of Appearance by Douglas Joseph Masson on behalf of Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
23

MOTION for Attorney(s) Aneel L. Chablani to Appear pro hac vice (Filing fee $100, receipt number 0756-6093473), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Aneel L. Chablani, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
24

MOTION for Attorney(s) Ami Gandhi to Appear pro hac vice (Filing fee $100, receipt number 0756-6093495), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ami Gandhi, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
25

MOTION for Attorney(s) Jennifer Terrell to Appear pro hac vice (Filing fee $100, receipt number 0756-6093519), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Jennifer Terrell, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
26

MOTION for Attorney(s) Ezra D. Rosenberg to Appear pro hac vice (Filing fee $100, receipt number 0756-6093555), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ezra D. Rosenberg, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
27

MOTION for Extension of Time to 9/10/2020 or for status conference, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
28

MOTION to Join in State Defendants' Motion for Status Conference to Set Briefing Schedule or for Extension of Time, filed by Defendant RAY ADLER. (Attachments: # 1 Text of Proposed Order)(Riley, William) (Entered: 07/23/2020)

1 Text of Proposed Order

View on PACER

July 23, 2020

July 23, 2020

PACER
29

RESPONSE in Opposition re 27 MOTION for Extension of Time to 9/10/2020 or for status conference, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
30

SCHEDULING ORDER-TELEPHONIC Status Conference set for 7/27/2020 at 10:00 AM before Magistrate Judge Tim A. Baker. The purpose of this conference is to set a briefing schedule. Signed by Magistrate Judge Tim A. Baker on 7/24/2020.(CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
32

ORDER granting 26 Motion to Appear pro hac vice. Attorney Ezra D. Rosenberg for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of Order sent to Attorney Rosenberg via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
33

ORDER granting 25 Motion to Appear pro hac vice. Attorney Jennifer Terrell for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of this order sent to Attorney Terrell via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
34

ORDER granting 24 Motion to Appear pro hac vice. Attorney Ami Gandhi for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of Order sent to Attorney Gandhi via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
35

ORDER granting 23 Motion to Appear pro hac vice. Attorney Aneel L. Chablani for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of this Order sent to Attorney Chablani via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
36

MOTION for Attorney(s) Bradley S. Phillips to Appear pro hac vice (Filing fee $100, receipt number 0756-6097300), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Bradley S. Phillips, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
37

MOTION for Attorney(s) Ryan Snow to Appear pro hac vice (Filing fee $100, receipt number 0756-6097309), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ryan Snow, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
38

NOTICE of Appearance by Michael E. Tolbert on behalf of Defendant KEVIN C. SMITH. (Tolbert, Michael) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
39

NOTICE of Appearance by Sara R. Blevins on behalf of Defendant PAUL RAUSCH. (Blevins, Sara) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
40

Notice of Parties First Extension of Time to File a Response to the Complaint to 8/31/2020, filed by Defendant KEVIN C. SMITH. (Tolbert, Michael) Modified on 7/29/2020 (JRB). (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
41

ORDER granting 36 Motion to Appear pro hac vice. Attorney Bradley S. Phillips for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/29/2020. (SWM) Modified on 7/29/2020 (SWM). (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
42

ORDER ON JULY 27, 2020, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel July 27, 2020, for a telephonic status conference. Defendant Ray Adler's motion to join [Filing No. 28] is granted to the extent that Adler was permitted to participate in the July 27 status conference. The Court set the following briefing schedule: (1) Defendants shall file their responses to Plaintiff's motion for a preliminary injunction and motion for class certification by August 21, 2020; and (2) Plaintiff shall file any reply briefs by September 1, 2020. Given the parties' request for the Court to issue a ruling in advance of the November 3, 2020 election, the Court does not anticipate enlarging this briefing schedule. Copies Mailed. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
43

ORDER granting 37 Motion to Appear pro hac vice. Attorney Ryan Snow for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/29/2020. (SWM) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
44

NOTICE of Parties' First Extension of Time, filed by Defendant PAUL RAUSCH. (Blevins, Sara) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
45

NOTICE of Parties' First Extension of Time, filed by Defendant RAY ADLER. (Riley, William) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
46

NOTICE of Parties' First Extension of Time, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
47

NOTICE of Appearance by Monica J. Conrad on behalf of Defendant PAUL RAUSCH. (Conrad, Monica) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
48

NOTICE of Parties' First Extension of Time, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
49

MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
50

BRIEF/MEMORANDUM in Support re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
51

RESPONSE in Opposition re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
52

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
53

NOTICE of Joinder in Defendant Vonderheid's Motion to Dismiss and Memorandum in Support, filed by Defendant RAY ADLER, re 50 Brief/Memorandum in Support, 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
54

NOTICE Joinder in Defendant Randall Vonderheides Response in Opposition to Motion for Certification of Defendant Class, filed by Defendant RAY ADLER, re 51 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
55

NOTICE of Joinder in Defendant Randall Vonderheides Response in Opposition to Motion for Preliminary Injunction, filed by Defendant RAY ADLER, re 52 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
56

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
57

NOTICE of Joinder in Defendant Randall Vonderheide's Motion to Dismiss & Memorandum in Support, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
58

NOTICE of Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Certification of Defendant Class, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
59

NOTICE of Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Preliminary Injunction, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
60

NOTICE of Joinder in Defendant, Randall Vonderheide's Motion to Dismiss and Memorandum in Support, filed by Defendant KEVIN C. SMITH, re 50 Brief/Memorandum in Support. (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
61

NOTICE Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Certification, filed by Defendant KEVIN C. SMITH (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
62

NOTICE of Joinder in Defendant RAndall Vonderheide's Response in Opposition to Motion for Preliminary Injunction, filed by Defendant KEVIN C. SMITH (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
63

NOTICE of Joinder in State Defendants' Response in Opposition to Preliminary Injunction, filed by Defendant RAY ADLER, re 56 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
64

NOTICE of Joinder in State Defendants' Response in Opposition to Preliminary Injunction, filed by Defendant PAUL RAUSCH, re 56 Response in Opposition to Motion. (Blevins, Sara) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
65

MARGINAL ENTRY re Defendants' 27 Motion for Status Conference to Set Briefing Schedule or for Extension of Time - Motion denied as moot; briefing schedule has been set. Signed by Magistrate Judge Tim A. Baker on 8/25/2020. (SWM) (Entered: 08/26/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
66

ANSWER to 1 Complaint, filed by J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, SUZANNAH WILSON OVERHOLT.(Garn, Jefferson) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
67

RESPONSE in Opposition re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
68

REPLY in Support of Motion re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
69

REPLY in Support of Motion re 3 MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
70

REPLY in Support of Motion re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
71

NOTICE of Joinder in Defendant Vonderheid's Reply in Support of Motion to Dismiss, filed by Defendant RAY ADLER, re 70 Reply in Support of Motion. (Lowe, Anne) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
72

ORDER denying 49 Motion to Dismiss for Lack of Jurisdiction as to Randall Vonderheide. SEE ORDER. Signed by Judge Richard L. Young on 9/22/2020. (JRB) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

RECAP
73

ENTRY ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - For the foregoing reasons, Common Cause Indiana's Motion for Preliminary Injunction 3 is GRANTED. Defendants, their respective agents, officers, employees, successors, and all persons acting in concert with each or any of them are preliminarily enjoined from implementing, enforcing, administering, invoking, or giving any effect to Indiana Code §§ 3-11.7-7-2, 3-11.7-7-3, and 3-11.7-7-4. SEE ORDER. Signed by Judge Richard L. Young on 9/22/2020. (JRB) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

RECAP
74

ENTRY ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION - The proposed class meets the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(1). Therefore, Plaintiff's Motion for Class Certification 5 isGRANTED. SEE ORDER. Signed by Judge Richard L. Young on 9/24/2020. (JRB) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
75

NOTICE OF APPEAL as to 73 Order on Motion for Preliminary Injunction, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Filing fee $505, receipt number 0756-6202678) (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
76

DOCKETING STATEMENT by J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT re 75 Notice of Appeal (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
77

PARTIES' SHORT RECORD re 75 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
78

MOTION to Stay Pending Appeal, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

RECAP
79

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 75 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
80

PRELIMINARY INJUNCTION - Defendants, their respective agents, officers, employees, successors and all persons acting in concert with each or any of them are preliminary enjoined from implementing, enforcing, administering, invoking, or giving any effect to Indiana Code 3-11.7-7-2, 3-11.7-7.3, and 3-11.7-7-4 during the November 3, 2020 General Election. SEE ORDER. Signed by Judge Richard L. Young on 9/29/2020.(JRB) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

RECAP
81

USCA Case Number 20-2877 for 75 Notice of Appeal filed by SUZANNAH WILSON OVERHOLT, ANGELA NUSSMEYER, S. ANTHONY LONG, CONNIE LAWSON, PAUL OKESON, J. BRADLEY KING, ZACHARY E. KLUTZ. (LBT) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
82

RESPONSE in Opposition re 78 MOTION to Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
83

ENTRY CORRECTING PRELIMINARY INJUNCTION ORDER - This court issued its entry in favor of a preliminary injunction on September 22, 2020. The court issued a standalone preliminary injunction order on September 29, 2020, but that order contained a typographical error. It incorrectly stated that court issued its ruling in favor of a preliminary injunction on July 22, 2020. The correct date of that ruling is September 22, 2020. Signed by Judge Richard L. Young on 10/5/2020.(JRB) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
84

ANSWER to 1 Complaint, filed by PAUL RAUSCH.(Blevins, Sara) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
85

REPLY in Support of Motion re 78 MOTION to Stay Pending Appeal, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garn, Jefferson) (Entered: 10/06/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 6, 2020

Oct. 6, 2020

RECAP
86

Defendant, Kevin C. Smith's ANSWER to 1 Complaint, filed by KEVIN C. SMITH.(Tolbert, Michael) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
87

MOTION for Leave to File Surreply in Opposition to Motion for Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Proposed Surreply)(Schweizer, Gregory) (Entered: 10/07/2020)

1 Exhibit A - Proposed Surreply

View on PACER

Oct. 7, 2020

Oct. 7, 2020

RECAP
88

ENTRY ON PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANTS' MOTION FOR STAY PENDING APPEAL - Having reviewed Plaintiff's submission, the court GRANTS Plaintiff's motion. 87 . The court ORDERS the Surreply Brief, attached to Plaintiff's motion (Filing No. 87-1), to be filed within three (3) business days of the date of this Order. SEE ORDER. Signed by Judge Richard L. Young on 10/8/2020. (JRB) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
89

Surreply re 78 MOTION to Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
90

ORDER denying 78 Defendants' Motion for Stay Pending Appeal SEE ORDER. Signed by Judge Richard L. Young on 10/9/2020. (AAS) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
91

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William N. Riley hereby notifies the Clerk of the court of changed contact information. (Riley, William) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
92

MANDATE of USCA as to 75 Notice of Appeal filed by SUZANNAH WILSON OVERHOLT, ANGELA NUSSMEYER, S. ANTHONY LONG, CONNIE LAWSON, PAUL OKESON, J. BRADLEY KING, ZACHARY E. KLUTZ (USCA #20-2877) - The judgment of the District Court is REVERSED, with costs, in accordance with the decision of this court entered on 10/23/2020. (LBT) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
93

Withdraw Attorney Appearance

Jan. 22, 2021

Jan. 22, 2021

PACER
94

Order on Motion to Withdraw Attorney Appearance

Jan. 25, 2021

Jan. 25, 2021

PACER
95

Withdraw Attorney Appearance

April 26, 2021

April 26, 2021

PACER
96

Order on Motion to Withdraw Attorney Appearance

April 27, 2021

April 27, 2021

PACER
97

Stipulation of Dismissal

April 27, 2021

April 27, 2021

PACER
98

Submission

April 29, 2021

April 29, 2021

RECAP
99

Closed Dismissed

April 30, 2021

April 30, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 8, 2020

Case Ongoing: Yes