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Case: Frederick v. Lawson

1:19-cv-01959 | U.S. District Court for the Southern District of Indiana

Filed Date: May 16, 2019

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 September 1, 2020, Indiana law statutorily provides a right to vote absentee to certain groups of voters. In order to vote absentee, voters must submit an application for an absentee ballot affixed with a signature. A signature on an affidavit attached to the final absentee ballot must match this first signature, as determ…

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 September 1, 2020,

Indiana law statutorily provides a right to vote absentee to certain groups of voters. In order to vote absentee, voters must submit an application for an absentee ballot affixed with a signature. A signature on an affidavit attached to the final absentee ballot must match this first signature, as determined by the county election boards. Non-matching signatures result in rejected ballots. Voters whose ballots are rejected are able to vote in person on the day of the election but they are never notified that their ballot has been rejected. There is no procedure to contest a rejection. No standards or guidelines inform the county board officials making the signature determinations and no training is provided to them. Expert testimony in the case suggested that untrained individuals are not good at making determinations as to the genuineness of signatures when comparing two. Plaintiffs brought claims for violations of both procedural due process and equal protection violations. On cross-motions for summary judgment, the court held in favor of the plaintiffs on both issues. The court found a procedural due process violation under the Mathews test, identifying an interest in voting absentee once such a right is statutorily granted. While data showed that the risk of erroneous deprivation of this interest due to the signature requirement was not high, the court stated that the risk was real and that the value of additional procedures to prevent disenfranchisement was high. A state interest in preventing fraud and maintaining electoral integrity was important but was actually supported by providing a notice and opportunity to cure to voters whose ballots were rejected. The court did not hold that the administrative and fiscal burden of additional safeguards was undue. Turning to the equal protection claim even though all desired relief was sufficiently granted by the court's determination on the due process claim, the court utilized the Anderson-Burdick test to find an equal protection violation. The court identified the injury of erroneous deprivation of the right to vote without notice or the opportunity to cure as a significant burden even though it affected only a few people. Again the interests articulated by the government failed to justify this burden because the government's interest was actually supported by procedures that would diminish the burden and because the currently administered process did not prevent arbitrary administration.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15619889/parties/frederick-v-lawson/


Judge(s)

Barker, Sarah Evans (Indiana)

Dinsmore, Mark. J. (Indiana)

Attorneys(s) for Plaintiff

Groth, William R. (Indiana)

Sniderman, Mark W. (Indiana)

Vlink, David T (Indiana)

Attorneys(s) for Defendant

Abshire, Courtney Lyn (Indiana)

Garn, Jefferson S. (Indiana)

Pratt, Aleksandrina Penkova (Indiana)

Rowlett, Robert Austin (Indiana)

Judge(s)

Barker, Sarah Evans (Indiana)

Dinsmore, Mark. J. (Indiana)

Attorneys(s) for Plaintiff

Groth, William R. (Indiana)

Sniderman, Mark W. (Indiana)

Vlink, David T (Indiana)

Attorneys(s) for Defendant

Abshire, Courtney Lyn (Indiana)

Garn, Jefferson S. (Indiana)

Pratt, Aleksandrina Penkova (Indiana)

Rowlett, Robert Austin (Indiana)

Documents in the Clearinghouse

Document

1:19-cv-01959

Docket [PACER]

Nov. 2, 2020

Nov. 2, 2020

Docket
1

1:19-cv-01959

Class Action Complaint

May 16, 2019

May 16, 2019

Complaint
81

1:19-cv-01959

Order on Cross Motions for Summary Judgment

Aug. 20, 2020

Aug. 20, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15619889/frederick-v-lawson/

Last updated Sept. 17, 2022, 4:33 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5432897) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Groth, William) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

Clearinghouse
2

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J FREDERICK, WILLIAM L MARKS, JR. (Groth, William) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
3

NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J FREDERICK, WILLIAM L MARKS, JR. (Sniderman, Mark) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
4

Summons Issued as to M. CATHERINE FINELLO, RITA L. GLENN, CONNIE LAWSON, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (REO) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
6

NOTICE of Appearance by Peter John Agostino on behalf of Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
7

NOTICE of Appearance by Bradley P. Colborn on behalf of Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
8

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
9

BRIEF/MEMORANDUM in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
10

RETURN of Service by CMRRR, filed by All Plaintiffs. M. CATHERINE FINELLO served on 5/24/2019; RITA L. GLENN served on 5/24/2019; CONNIE LAWSON served on 5/24/2019; ST. JOSEPH COUNTY ELECTION BOARD served on 5/24/2019; MURRAY WINN served on 5/24/2019. (Groth, William) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
11

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
12

NOTICE of Parties' First Extension of Time, filed by Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
13

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendant CONNIE LAWSON. (Nijjar, Parvinder) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
14

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Sniderman, Mark) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

RECAP
15

DEMAND for Trial by Jury, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

RECAP
16

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
17

BRIEF/MEMORANDUM in Support re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
18

Submission of Signature Requirement re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
19

Submission of Signature Requirement re 17 Brief/Memorandum in Support by M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
20

Submission of Signature Requirement re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
21

Submission of Signature Requirement re 17 Brief/Memorandum in Support by M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
22

SCHEDULING ORDER: Initial Pretrial Conference set for 8/20/2019 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. 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. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 7/16/2019.(SWM) (Entered: 07/17/2019)

July 16, 2019

July 16, 2019

PACER
23

ORDER - DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS (DKT. 8); We conclude that Defendants' original motion to dismiss of June 6, 2019, has been mooted by Plaintiffs' amended complaint of June 27, 2019, and by Defendants' second motion to dismiss of July 11, 2019. Defendants' original motion to dismiss, Dkt. 8, is therefore DENIED AS MOOT. Signed by Judge Sarah Evans Barker on 7/17/2019. (CKM) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
24

ANSWER to 14 Amended Complaint, filed by CONNIE LAWSON.(Garn, Jefferson) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
25

RESPONSE in Opposition re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Groth, William) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
26

REPLY in Support of Motion re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Colborn, Bradley) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
27

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR . (Sniderman, Mark) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
29

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 8/20/2019.(SWM) (Entered: 08/21/2019)

Aug. 20, 2019

Aug. 20, 2019

RECAP
30

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 8/20/2019. Approved Case Management Plan, as amended, to be entered by separate order. With agreement of parties, Court hereby shortens deadlines set forth in Fed. R. Civ. P. 33(b)(2), 34(b)(2), and 36(a)(3) from 30 days to 21 days. Telephonic Status Conference set for 9/23/2019 at 11:00 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/21/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
31

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/17/2020. Discovery due by 1/3/2020. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 8/20/2019. (GD) (Entered: 08/21/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
32

NOTICE of Service of Initial Disclosures, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Groth, William) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
33

SCHEDULING ORDER - Final Pretrial Conference set for 10/20/2020 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 11/2/2020 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
34

NOTICE of Supplemental Authority, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR (Attachments: # 1 Exhibit Final Opinion, CCI, et al. v. Lawson, et al) (Sniderman, Mark) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
35

Witness List Preliminary, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR, Exhibit List Preliminary, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
36

MOTION TO RESET TRIAL DATE, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Attachments: # 1 Exhibit A - Indiana 2018 Election Calendar, # 2 Text of Proposed Order)(Agostino, Peter) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
37

ORDER - granting 36 Motion to Continue; The final pretrial conference currently set for October 20, 2020 and the trial currently set for November 2, 2020, are hereby VACATED. Final Pretrial Conference is reset for 9/22/2020 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial is reset for 10/5/2020 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 9/4/2019. (CKM) (Entered: 09/05/2019)

Sept. 4, 2019

Sept. 4, 2019

RECAP
38

Witness List and Exhibit Lists - Preliminary, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Agostino, Peter) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
39

Witness List, Preliminary, filed by Defendant CONNIE LAWSON, Exhibit List,Preliminary, filed by Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
40

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: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
42

NOTICE of Appearance by Rebecca L. McClain on behalf of Defendant CONNIE LAWSON. (McClain, Rebecca) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
43

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/23/2019. Parties discussed status of discovery. Telephonic Status Conference set for 10/21/2019 at 12:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/27/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
45

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/21/2019. Parties discussed status of discovery. Telephonic Status Conference set for 11/19/2019 at 2:15 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/23/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
47

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/19/2019. Parties discussed status of discovery. Telephonic Status Conference set for 3/27/2020 at 10:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 11/20/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
48

STIPULATION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS, re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 17 Brief/Memorandum in Support, filed by Defendants M. CATHERINE FINELLO, RITA L. GLENN, ST. JOSEPH COUNTY ELECTION BOARD, MURRAY WINN. (Attachments: # 1 Text of Proposed Order)(Colborn, Bradley) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
49

Statement of Claims by All Plaintiffs. (Sniderman, Mark) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
50

NOTICE of Voluntary Dismissal, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

RECAP
51

ORDER denying as moot 16 Motion to Dismiss for Failure to State a Claim. By virtue of Plaintiffs' Notice of Voluntary Dismissal, the County Defendants are dismissed from this matter. The case shall proceed accordingly against the remaining defendant. Signed by Judge Sarah Evans Barker on 1/7/2020. (CBU) (Entered: 01/08/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
52

Unopposed MOTION for Extension of Time to in which to 31 Order: Case ManagementSet Deadlines to Extend Dispositive Motion Deadlines, filed by Defendant CONNIE LAWSON. (McClain, Rebecca) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
53

Submission of Proposed Order, re 52 Unopposed MOTION for Extension of Time to in which to 31 Order: Case ManagementSet Deadlines to Extend Dispositive Motion Deadlines, filed by Defendant CONNIE LAWSON. (McClain, Rebecca) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
54

SCHEDULING ORDER: This cause comes before the Court on the parties' Agreed Motion to Extend Dispositive Motion Deadlines. [Dkt. 52.] This matter is set for a telephonic hearing on the above-noted motion on Tuesday, January 21, 2020 at 12:30 p.m. (Eastern). Counsel shall attend the hearing 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 Mark J. Dinsmore on 1/16/2020.(SWM) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
56

NOTICE of Appearance by Robert Austin Rowlett on behalf of Defendant CONNIE LAWSON. (Rowlett, Robert) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
57

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 1/21/2020 re 52 Defendant's Agreed Motion to Extend Dispositive Motion Deadlines. Defendant's motion is GRANTED IN PART & DENIED IN PART & paragraph IV(D) of approved Case Management Plan [ 31 at 6] is hereby amended. Defendants' Dispositive Motion due by 2/4/2020. No further enlargement of these deadlines will be granted. *SEE ORDER FOR ALL AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
58

MOTION to Withdraw Attorney Appearance of Parvinder K. Nijjar, filed by Defendant CONNIE LAWSON. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
59

Statement of Defenses by CONNIE LAWSON. (McClain, Rebecca) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
60

ORDER granting 58 Motion to Withdraw Attorney Appearance. Attorney Parvinder Kaur Nijjar withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2020. (SWM) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
61

NOTICE of Appearance by Aleksandrina Penkova Pratt on behalf of Defendant CONNIE LAWSON. (Pratt, Aleksandrina) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
62

Unopposed MOTION for Leave to File Amended Preliminary Witness and Exhibits Lists, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Exhibit Proposed Amended Preliminary Witness and Exhibits Lists, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
63

First MOTION for Summary Judgment, filed by Defendant CONNIE LAWSON. (Attachments: # 1 Exhibit 1 - 2020 Election Administrators Manual)(McClain, Rebecca) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
64

BRIEF/MEMORANDUM in Support re 63 First MOTION for Summary Judgment, filed by Defendant CONNIE LAWSON. (McClain, Rebecca) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

RECAP
65

ORDER granting Plaintiffs' 62 Motion for Leave to File Amended Preliminary Witness and Exhibit Lists. On or before February 10, 2020, Plaintiffs shall file an Amended Preliminary Witness and Exhibit List in substantially the same form as was attached to Plaintiffs' Motion for Leave. [Dkt. 62-1.] Signed by Magistrate Judge Mark J. Dinsmore on 2/6/2020. (SWM) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
66

Witness List Amended Preliminary, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR, Exhibit List Amended Preliminary, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
67

Cross MOTION for Summary Judgment, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Exhibit Excerpts from 2020 Election Administrator's Manual, # 2 Exhibit Affidavit of Forestine B. Jackson, # 3 Exhibit Declaration of Mary J. Frederick, # 4 Exhibit Declaration of John Justin Collier, # 5 Exhibit Declaration of William L. Marks, Jr., # 6 Exhibit Declaration of Julia Vaughn, # 7 Exhibit Excerpts from the Expert Report of Dr. Linton A. Mohammed, # 8 Exhibit Declaration of Norma Blake, # 9 Exhibit Absentee Voter's Bill of Rights, # 10 Exhibit Excerpts from the Deposition of Mary Catherine Fanello Zwierzynski, # 11 Exhibit Excerpts from the Deposition of Angela M. Nussmeyer, # 12 Exhibit Declaration of Billie Breaux)(Sniderman, Mark) (Entered: 03/03/2020)

1 Exhibit Excerpts from 2020 Election Administrator's Manual

View on PACER

2 Exhibit Affidavit of Forestine B. Jackson

View on PACER

3 Exhibit Declaration of Mary J. Frederick

View on PACER

4 Exhibit Declaration of John Justin Collier

View on PACER

5 Exhibit Declaration of William L. Marks, Jr.

View on PACER

6 Exhibit Declaration of Julia Vaughn

View on PACER

7 Exhibit Excerpts from the Expert Report of Dr. Linton A. Mohammed

View on RECAP

8 Exhibit Declaration of Norma Blake

View on PACER

9 Exhibit Absentee Voter's Bill of Rights

View on PACER

10 Exhibit Excerpts from the Deposition of Mary Catherine Fanello Zwierzynski

View on PACER

11 Exhibit Excerpts from the Deposition of Angela M. Nussmeyer

View on PACER

12 Exhibit Declaration of Billie Breaux

View on PACER

March 3, 2020

March 3, 2020

RECAP
68

BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re 63 First MOTION for Summary Judgment, 67 Cross MOTION for Summary Judgment, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

RECAP
69

NOTICE of Substitution of Appearance by Courtney Lyn Abshire replacing Rebecca L. McClain on behalf of CONNIE LAWSON (Attachments: # 1 Text of Proposed Order) (Abshire, Courtney) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
70

MARGINAL ENTRY - Acknowledges The Appearance of Courtney L. Abshire shall be substituted for the Appearance of Rebecca L. McClain. Signed by Judge Sarah Evans Barker on 3/17/2020. (CKM) (Entered: 03/19/2020)

March 17, 2020

March 17, 2020

PACER
71

Witness List Final,, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR, Exhibit List Final,, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
72

Witness List Final, filed by Defendant CONNIE LAWSON, Exhibit List Final, filed by Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
74

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/27/2020. Parties confirmed all discovery has been completed. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/30/2020)

March 27, 2020

March 27, 2020

RECAP
75

RESPONSE in Opposition re 67 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment, filed by Defendant CONNIE LAWSON. (Rowlett, Robert) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
76

REPLY in Support of Motion re 67 Cross MOTION for Summary Judgment, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Exhibit Dr. Mohammed C.V., # 2 Exhibit Dr. Mohammed Trial and Deposition Testimony since 2012)(Sniderman, Mark) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
77

MOTION to Preclude Expert Testimony, filed by Defendant CONNIE LAWSON. (Abshire, Courtney) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
78

RESPONSE in Opposition re 77 MOTION to Preclude Expert Testimony, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Sniderman, Mark) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
79

REPLY in Support of Motion re 77 MOTION to Preclude Expert Testimony, filed by Defendant CONNIE LAWSON. (Abshire, Courtney) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
80

MOTION for Leave to File Surreply to Defendant's Reply in Support of Motion to Preclude Testimony, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Exhibit Plaintiffs' Surreply, # 2 Exhibit Declaration of Dr. Linton A. Mohammed, # 3 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
81

ORDER - Plaintiffs' Motion for Summary Judgment Dkt. 67 is GRANTED and Defendant's Motion for Summary Judgment Dkt. 63 is DENIED. We hold that Indiana Code §§ 3-11-10-4, 3-11.5-4-4, and 3-11.5-4-13(a)(2), which statutes govern the casting of mail-in absentee ballots, violate the due process and equal protection rights of voters entitled under Indiana law to vote by mail-in absentee ballot insofar as the challenged statutes fail to provide such voters notice and an opportunity to cure before their ballots are rejected for a perceived signature mismatch. (SEE ORDER FOR DETAILS.) Signed by Judge Sarah Evans Barker on 8/20/2020. (LDH) Modified on 8/21/2020 (CKM). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
82

PERMANENT INJUNCTION AND JUDGMENT; The Court orders as follows:Defendant Connie Lawson, in her official capacity as Indiana Secretary of State,and all Indiana election officials acting in concert with her are hereby PERMANENTLY ENJOINED from rejecting any mail-in absentee ballot on the basis of a signature mismatch absent adequate notice and cure procedures to the affected voter. Defendant is HEREBY FURTHER ORDERED to inform forthwith all affected Indiana election officials of this injunction and to instruct such officials regarding the implementation of notice and cure procedures in time for the upcoming general election on November 3, 2020. IT IS ORDERED that judgment is entered in favor of Plaintiffs and against Defendant. Signed by Judge Sarah Evans Barker on 8/20/2020.(LDH) Modified on 8/21/2020 (CKM). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

RECAP
83

Unopposed MOTION for Extension of Time to October 1, 2020, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
84

ORDER granting Plaintiff's 83 Motion for Extension of Time - Plaintiffs shall file any Bill of Costs and/or Petition for Attorneys' Fees, Costs and Expenses on or before (a) October 1, 2020; or, if Defendants appeal, (b) 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit; or (c) 35 days after any proceedings in the United States Supreme Court are resolved; whichever date is latest. Signed by Magistrate Judge Mark J. Dinsmore on 9/1/2020. (SWM) (Entered: 09/02/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
85

Second MOTION for Extension of Time to October 31, 2020, Unopposed, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/22/2020)

1 Text of Proposed Order

View on PACER

Sept. 22, 2020

Sept. 22, 2020

RECAP
86

ORDER granting Plaintiff's 85 Motion for Extension of Time to File Petition for Attorneys' Fees to 10/30/2020. Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2020. (SWM) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
87

Extension of Time (Other)

Oct. 27, 2020

Oct. 27, 2020

PACER
88

Order on Motion for Extension of Time to File

Nov. 2, 2020

Nov. 2, 2020

PACER
89

Notice (Other)

Dec. 3, 2020

Dec. 3, 2020

RECAP

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: May 16, 2019

Case Ongoing: Yes