Case: Frederick v. Lawson

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

Filed Date: May 16, 2019

Closed Date: Dec. 3, 2020

Clearinghouse coding complete

Case Summary

This is a case about the disenfranchisement of Indiana absentee voters due to unconstitutional signature verification procedures. On May 16, 2019, in the U.S. District Court for the Southern District of Indiana, five Indiana voters and Common Cause Indiana sued the Indiana Secretary of State, a county election board (representing a putative class of all 92 Indiana county election boards), and three members of that board. Per Indiana statute, the state's absentee voting procedure required a sign…

This is a case about the disenfranchisement of Indiana absentee voters due to unconstitutional signature verification procedures. On May 16, 2019, in the U.S. District Court for the Southern District of Indiana, five Indiana voters and Common Cause Indiana sued the Indiana Secretary of State, a county election board (representing a putative class of all 92 Indiana county election boards), and three members of that board. Per Indiana statute, the state's absentee voting procedure required a signature validation process in which election workers compared the signature on the voter's absentee ballot request form with the signature on the ballot envelope. A determination that the signature was invalid would cause the ballot to be rejected. The voter received no notice of the rejection, and a determination of invalidity was final and unreviewable.

Represented by private counsel, the plaintiffs alleged that this procedure denied them the guarantees of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the U.S. Constitution. They sought a judgment declaring the signature matching statutes unconstitutional, an injunction preventing enforcement of those statutes, money damages, and attorneys' fees.   

The county election board filed a motion to dismiss the complaint for failure to state a claim on June 6, 2019. On June 27, 2019, the plaintiffs filed an amended complaint clarifying their claims on several points without changing them substantively. With an amended complaint filed, the court denied the original complaint as moot on July 17, 2019. The county defendants filed a motion to dismiss the amended complaint on July 11, 2019.

The plaintiffs voluntarily dismissed their claims against all of the county defendants on January 3, 2020. Accordingly, the county defendants' motion to dismiss was denied as moot. The case proceeded with the Indiana Secretary of State as the sole remaining defendant.

About a month later, on February 4, 2020, the Secretary of State filed a motion for summary judgment. The next month, on March 3, 2020, the plaintiffs filed a cross motion for summary judgment. The court delivered its judgment in favor of the plaintiffs and against the defendant on August 21, 2020. Judge Sarah Evans Barker held that Indiana's statutes governing mail-in absentee voting were unconstitutional: they violated the due process and equal protection rights of voters who had no notice nor opportunity to cure signature mismatches before their ballots were rejected. The court permanently enjoined enforcement of the statutes and ordered the Secretary to inform all relevant election officials of the need to establish a notice and cure procedure in time for the November 2020 general election. 481 F. Supp. 3d 774.

By the end of the year, the parties had reached an agreement regarding payment of the plaintiffs' attorneys' fees, but the amount was not recorded. The case is now closed. 

Summary Authors

Christina Van Wagenen (3/14/2023)

People

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


Judge(s)

Barker, Sarah Evans (Indiana)

Dinsmore, Mark. J. (Indiana)

Attorney for Plaintiff

Groth, William R. (Indiana)

Attorney for Defendant

Abshire, Courtney Lyn (Indiana)

Garn, Jefferson S. (Indiana)

Documents in the Clearinghouse

Documents in this case

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
14

1:19-cv-01959

Amended Class Action Complaint

June 27, 2019

June 27, 2019

Complaint
81

1:19-cv-01959

Order on Cross Motions for Summary Judgment

Aug. 20, 2020

Aug. 20, 2020

Order/Opinion

481 F.Supp.3d 774

Resources

Docket

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

Last updated Aug. 27, 2026, 4:52 a.m.

Docket for: FREDERICK v. LAWSON
ECF Number Date Description Link
1 May 16, 2019

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)

Clearinghouse
2 May 16, 2019

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)

RECAP
3 May 16, 2019

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)

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4 May 17, 2019

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

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5 May 17, 2019

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

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6 May 30, 2019

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)

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7 June 3, 2019

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)

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8 June 6, 2019

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)

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9 June 6, 2019

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)

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10 June 12, 2019

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)

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11 June 14, 2019

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

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12 June 14, 2019

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

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13 June 14, 2019

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

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14 June 27, 2019

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

Clearinghouse
15 July 10, 2019

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)

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16 July 11, 2019

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)

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17 July 11, 2019

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)

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18 July 12, 2019

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)

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19 July 12, 2019

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)

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20 July 15, 2019

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)

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21 July 15, 2019

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)

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22 July 16, 2019

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)

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23 July 17, 2019

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)

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24 July 17, 2019

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

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25 July 30, 2019

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)

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26 Aug. 6, 2019

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)

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27 Aug. 13, 2019

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)

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29 Aug. 20, 2019

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

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30 Aug. 20, 2019

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)

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31 Aug. 20, 2019

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)

RECAP
32 Aug. 23, 2019

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)

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33 Aug. 23, 2019

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)

RECAP
34 Aug. 28, 2019

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)

RECAP
35 Aug. 30, 2019

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)

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36 Aug. 30, 2019

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)

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37 Sept. 4, 2019

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)

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38 Sept. 5, 2019

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)

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39 Sept. 6, 2019

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

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40 Sept. 11, 2019

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)

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42 Sept. 23, 2019

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

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43 Sept. 23, 2019

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)

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45 Oct. 21, 2019

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)

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47 Nov. 19, 2019

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)

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48 Jan. 3, 2020

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)

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49 Jan. 3, 2020

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

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50 Jan. 3, 2020

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)

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51 Jan. 7, 2020

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)

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52 Jan. 13, 2020

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)

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53 Jan. 13, 2020

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)

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54 Jan. 16, 2020

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)

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56 Jan. 21, 2020

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

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57 Jan. 21, 2020

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)

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58 Jan. 22, 2020

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)

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59 Jan. 23, 2020

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

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60 Jan. 24, 2020

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)

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61 Jan. 30, 2020

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

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62 Feb. 4, 2020

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)

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63 Feb. 4, 2020

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

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64 Feb. 4, 2020

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

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65 Feb. 6, 2020

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)

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66 Feb. 6, 2020

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)

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67 March 3, 2020

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

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2 Exhibit Affidavit of Forestine B. Jackson

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3 Exhibit Declaration of Mary J. Frederick

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4 Exhibit Declaration of John Justin Collier

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5 Exhibit Declaration of William L. Marks, Jr.

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6 Exhibit Declaration of Julia Vaughn

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

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8 Exhibit Declaration of Norma Blake

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9 Exhibit Absentee Voter's Bill of Rights

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10 Exhibit Excerpts from the Deposition of Mary Catherine Fanello Zwierzynski

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11 Exhibit Excerpts from the Deposition of Angela M. Nussmeyer

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12 Exhibit Declaration of Billie Breaux

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RECAP
68 March 3, 2020

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)

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69 March 16, 2020

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)

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70 March 17, 2020

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)

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71 March 23, 2020

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)

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72 March 23, 2020

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

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74 March 27, 2020

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)

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75 March 31, 2020

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)

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76 April 14, 2020

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)

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77 June 5, 2020

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

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78 June 19, 2020

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)

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79 June 26, 2020

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

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80 July 3, 2020

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)

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81 Aug. 20, 2020

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)

Clearinghouse
82 Aug. 20, 2020

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)

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83 Aug. 27, 2020

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)

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84 Sept. 1, 2020

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)

RECAP
85 Sept. 22, 2020

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

RECAP
86 Sept. 25, 2020

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)

RECAP
87 Oct. 27, 2020

Joint MOTION for Extension of Time to December 4, 2020 to File Petition for Attorneys' Fees, 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: 10/27/2020)

RECAP
88 Nov. 2, 2020

ORDER granting Parties' Joint 87 Motion for Extension of Time to File Petition for Attorneys' Fees. On or before December 4, 2020, Plaintiffs shall file their Bill of Costs and Petition for Attorneys' Fees and Expenses. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 11/2/2020. (MAC) (Entered: 11/02/2020)

RECAP
89 Dec. 3, 2020

NOTICE Regarding Fees and Costs, filed by Plaintiffs MINNIE LEE CLARK, JOHN JUSTIN COLLIER, COMMON CAUSE INDIANA, MARY J. FREDERICK, WILLIAM L. MARKS, JR (Sniderman, Mark) (Entered: 12/03/2020)

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

Closing Date: Dec. 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Common Cause Indiana and five Indiana voters whose ballots had been rejected because of the state's signature matching procedures.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

County

St. Joseph County

State

Indiana

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Other Dockets:

Southern District of Indiana 1:19-cv-01959

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

State Statute Struck Down

Voting Process Changes

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation