Case: American Council of the Blind of Indiana v. Indiana Election Commission

1:20-cv-03118 | U.S. District Court for the Southern District of Indiana

Clearinghouse coding in progress

Case Summary

None

Summary Authors

NDRN (8/11/2022)

Documents in the Clearinghouse

Document
1

1:20-cv-03118

Complaint for Injunctive and Declaratory Relief

Dec. 3, 2020

Dec. 3, 2020

Complaint
81

1:20-cv-03118

Plaintiffs' Motion for Preliminary Injunction

Feb. 7, 2022

Feb. 7, 2022

Pleading / Motion / Brief
92

1:20-cv-03118

Defendants’ Response in Opposition to Motion for Preliminary Injunction

Feb. 18, 2022

Feb. 18, 2022

Pleading / Motion / Brief
99

1:20-cv-03118

Order

2022 WL 702257

March 9, 2022

March 9, 2022

Order/Opinion
107

1:20-cv-03118

Motion to Compel Discovery

March 25, 2022

March 25, 2022

Pleading / Motion / Brief
114

1:20-cv-03118

Plaintiffs’ Motion to Withdraw Motion to Compel, Vacate Hearing, and Conduct Late Deposition

April 1, 2022

April 1, 2022

Pleading / Motion / Brief
115

1:20-cv-03118

Order

April 4, 2022

April 4, 2022

Order/Opinion
121

1:20-cv-03118

Statement of Claims

May 10, 2022

May 10, 2022

Pleading / Motion / Brief
129

1:20-cv-03118

Plaintiffs' Motion for Expedited Briefing

May 18, 2022

May 18, 2022

Pleading / Motion / Brief
128

1:20-cv-03118

Memorandum of Law in Support of Plaintiffs’ Motion for Summary Judgment and a Permanent Injunction, or in the Alternative a Preliminary Injunctive

May 18, 2022

May 18, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18710800/american-council-of-the-blind-of-indiana-v-indiana-election-commission/

Last updated Aug. 30, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6303656) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Crishon, Thomas) (Entered: 12/03/2020)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Dec. 3, 2020

Dec. 3, 2020

Clearinghouse
2

NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
3

NOTICE of Appearance by Nikki G. Gray on behalf of Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Gray, Nikki) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
4

MOTION for Attorney(s) Stuart Seaborn to Appear pro hac vice (Filing fee $100, receipt number 0756-6303841), filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Exhibit A - Certification of Stuart Seaborn, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
5

MOTION for Attorney(s) Christina Brandt-Young to Appear pro hac vice (Filing fee $100, receipt number 0756-6303862), filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Exhibit A - Certification of Christina Brandt-Young, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
6

MOTION for Attorney(s) Rosa Lee Bichell to Appear pro hac vice (Filing fee $100, receipt number 0756-6303874), filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Exhibit A - Certification of Rosa Lee Bichell, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
7

MOTION for Attorney(s) Jelena Kolic to Appear pro hac vice (Filing fee $100, receipt number 0756-6303889), filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Exhibit A - Certification of Jelena Kolic, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
8

Corporate Disclosure Statement by AMERICAN COUNCIL OF THE BLIND OF INDIANA. (Crishon, Thomas) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
9

Summons Issued as to INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (AKH) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
10

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
11

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
12

ORDER granting 4 Motion to Appear pro hac vice. Attorney Stuart Seaborn for AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, and WANDA TACKETT added. Signed by Magistrate Judge Mark J. Dinsmore on 12/15/2020 Copy sent to Attorney Seaborn via US Mail (CBU) (Entered: 12/16/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
13

ORDER granting 5 Motion to Appear pro hac vice. Attorney Christina Brandt-Young for AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, and WANDA TACKETT added. Signed by Magistrate Judge Mark J. Dinsmore on 12/15/2020 Copy sent to Attorney Brandt-Young via US Mail (CBU) (Entered: 12/16/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
14

ORDER granting 6 Motion to Appear pro hac vice. Attorney Rosa Lee Bichell for AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH,and WANDA TACKETT added. Signed by Magistrate Judge Mark J. Dinsmore on 12/15/2020. Copy sent to Attorney Bichell via US Mail (CBU) (Entered: 12/16/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
15

ORDER granting 7 Motion to Appear pro hac vice. Attorney Jelena Kolic for AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH,and WANDA TACKETT added. Signed by Magistrate Judge Mark J. Dinsmore on 12/15/2020. Copy sent to Attorney Kolic via US Mail (CBU) (Entered: 12/16/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
16

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Garn, Jefferson) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
17

NOTICE of Parties' First Extension of Time re, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Garn, Jefferson) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
18

Defendant's ANSWER to 1 Complaint for Injunctive and Declaratory Relief, filed by INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION.(Garn, Jefferson) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
19

JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT . (Crishon, Thomas) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
20

SCHEDULING ORDER: Initial Pretrial Conference set for 4/15/2021 09:00 AM (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 have filed a proposed Case Management Plan ("CMP"). [Dkt. 19 .] See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/9/2021.(SWM) (Entered: 04/12/2021)

April 9, 2021

April 9, 2021

PACER
22

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Nijjar, Parvinder) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
23

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2021.(SWM) (Entered: 04/19/2021)

April 16, 2021

April 16, 2021

PACER
24

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 4/15/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 5/21/2021 at 2:30 PM (Eastern Time). Telephonic Settlement Conference set for 6/22/2021 at 9:00 AM (Eastern Time). *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/19/2021)

April 16, 2021

April 16, 2021

PACER
25

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 11/2/2021. Discovery due by 10/4/2021. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2021.(CBU) (Entered: 04/20/2021)

April 16, 2021

April 16, 2021

PACER
26

Exhibit List Preliminary, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Gray, Nikki) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
27

Witness List Preliminary, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Gray, Nikki) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
28

Exhibit List Preliminary, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, Witness List Preliminary, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Nijjar, Parvinder) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
29

TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE: This cause is hereby set for a Court Trial before Judge Jane Magnus-Stinson on August 1, 2022 at 9:00 a.m. in Room 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for July 8, 2022 at 10:00 a.m. in Room 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan, dkt 25 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at docket 11 . Signed by Judge Jane Magnus-Stinson on 5/14/2021.(MRI) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
31

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
32

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/21/2021. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/06/2021)

May 24, 2021

May 24, 2021

PACER
33

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 6/22/2021. Settlement was not achieved. Telephonic Status Conference set for 7/16/2021 at 4:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
34

AMENDED SCHEDULING ORDER:The Court, sua sponte, hereby RESCHEDULES the Telephonic Status Conference currently set for July 16, 2021at 4:30 p.m. to Thursday, July 15, 2021 at 2:30 p.m. (Eastern). All other requirements of the Court's Order [Dkt. 33 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 7/13/2021.(SWM) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
37

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/15/2021. Parties discussed status of discovery. Telephonic Status Conference set for 8/23/2021 at 4:30 PM (Eastern Time). *SEE ORDER,* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 07/27/2021)

July 15, 2021

July 15, 2021

PACER
36

*** STRICKEN PER DKT. NUMBER 38 *** Joint MOTION for Protective Order UNIFORM STIPULATED PROTECTIVE ORDER, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Gray, Nikki) Modified on 7/28/2021 (SWM). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
38

ORDER STRIKING STIPULATED PROTECTIVE ORDER - On April 16, 2021, the Court issued its Order Regarding Protective Orders, which provided in relevant part as follows: "In the event an agreed protective order is required in this matter, the parties shall file a motion seeking the entry of such an order, attaching thereto the proposed protective order." [Dkt. 23 at 1.] On July 27, 2021, the parties filed a submission of a uniform "Stipulated Protective Order." Fed. R. Civ. P. 26(c) states: "A party or any person from whom discovery is sought may move for a protective order...." (emphasis added). The Court acts on motions, not proposed orders. Docket No. 36 is, therefore, STRICKEN. If the parties seek a protective order, they should properly file a motion requesting such relief, attaching thereto a proposed protective order.. Signed by Magistrate Judge Mark J. Dinsmore on 7/28/2021. (SWM) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
39

MOTION for Extension of Time to September 2, 2021 in which to 25 Order: Case Management Serve Expert Disclosures, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time)(Nijjar, Parvinder) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
40

SCHEDULING ORDER - This matter comes before the Court on Defendants' Motion for Enlargement of Time. [Dkt. 39 ]. Any response to the Motion is due on or before August 6, 2021. Any reply in support of the Motion is due on or before August 9, 2021. Signed by Magistrate Judge Mark J. Dinsmore on 8/4/2021.(SWM) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
41

SCHEDULING ORDER: This matter comes before the Court on 39 Defendants' Motion for Enlargement of Time. Any response is due by 8/6/2021. Any reply is due by 8/9/2021. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 8/4/2021. (GD) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
42

RESPONSE in Opposition re 39 MOTION for Extension of Time to September 2, 2021 in which to 25 Order: Case Management Serve Expert Disclosures, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
43

REPLY in Support of Motion re 39 MOTION for Extension of Time to September 2, 2021 in which to 25 Order: Case Management Serve Expert Disclosures, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Nijjar, Parvinder) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
44

ORDER ON DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME - This matter comes before the Court on Defendants' Motion for Enlargement of Time. [Dkt. 39 ]. The motion is GRANTED to the extent that Defendants shall have to and including September 2, 2021 to disclose any expert witnesses Defendants intend to use in connection with any motion for summary judgment to be filed by Defendants. All other requirements of the approved Case Management Plan [Dkt. 25 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 8/11/2021. (SWM) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
45

Joint MOTION for Protective Order, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
46

UNIFORM STIPULATED PROTECTIVE ORDER 45 Approved and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 8/16/2021.(SWM) (Entered: 08/17/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
48

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/23/2021. Parties discussed status of discovery. Telephonic Status Conference set for 9/29/2021 at 4:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/25/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
49

First MOTION for Extension of Time to 90 days unopposed motion, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
50

MOTION to Withdraw Attorney Appearance of Parvinder K. Nijjar, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 09/23/2021)

Sept. 23, 2021

Sept. 23, 2021

PACER
51

NOTICE of Appearance by Caryn Nieman Szyper on behalf of Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Szyper, Caryn) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
53

ORDER granting 50 Motion to Withdraw Attorney Appearance. Attorney Parvinder Kaur Nijjar withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 10/6/2021. (SWM) (Entered: 10/07/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
54

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/29/2021. Parties discussed status of discovery. Court has separately set telephonic discovery conference on 10/14/2021 to address all pending discovery issues. Plaintiffs' Unopposed Motion for Extension of Time 49 is hereby GRANTED. Approved Case Management Plan 25 is amended. Statement of Claims or Defenses due by 2/11/2022. Discovery due by 2/4/2022. Dispositive Motions due by 3/4/2022. *SEE ORDER FOR ALL AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/10/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
55

First MOTION for Leave to File Amended Complaint, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order)(Gray, Nikki) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
56

ORDER - This is matter is before the Court on Plaintiffs' Unopposed Motion to Amend the Complaint for the Purpose of Adding Indiana Election Division as a Defendant Party. [Dkt. 55 ]. The Court, being duly advised, hereby GRANTS the motion. The Clerk is directed to file Plaintiffs' First Amended Complaint for Injunctive and Declaratory Relief, attached to Plaintiffs' Unopposed Motion to Amend [Dkt. 55-1], which is deemed filed as of the date of this Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/14/2021. (SWM) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
57

AMENDED COMPLAINT against INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, filed by RITA KERSH, AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION and WANDA TACKETT.(SWM) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
58

SCHEDULING ORDER RESETTING TRIAL AND FINAL PRETRIAL CONFERENCE: Upon the magistrate judge's order extending deadlines, dkt 54, the August 1, 2022 Court Trial and the July 8, 2022 final pretrial conference dates are VACATED.The Jury Trial is reset for December 12, 2022 at 9:00 a.m. and the Final Pretrial Conference is also reset for November 17, 2022 at 10:00 a.m. in Room 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan and the undersigned's Practices and Procedures. Signed by Judge Jane Magnus-Stinson on 10/27/2021.(MRI) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
59

MOTION to Withdraw Attorney Appearance Nikki G. Gray, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
60

ORDER granting 59 Motion to Withdraw Attorney Appearance. Attorney Nikki G. Gray withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 11/10/2021. (SWM) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
61

SCHEDULING ORDER: This matter is set for a Telephonic Discovery Conference on 11/24/2021 at 10:30 AM (Eastern Time). The primary purpose of the conference is to schedule any proposed but unscheduled depositions in this matter. By no later than 2:00 p.m. (Eastern) on November 23, 2021, the parties are to email the Court at MJDinsmore@insd.uscourts.gov, with a copy to each other, a list of all depositions that require scheduling, along with a brief outline of any disputes with regard thereto, their respective positions on the issue(s), and all other documents they would like the Court to review in advance of the call. Plaintiffs and Defendants shall appear for the conference by their respective counsel. In addition, all individual witnesses and any Rule 30(b)(6) witnesses whose depositions remain to be scheduled are ordered to appear by telephone for the conference by calling 877-873- 8018, Access Code 5419220, Security Code 203118. The Court anticipates that all proposed depositions will be scheduled by the conclusion of the conference. The conference will be vacated if counsel for the parties notifies the Court that all outstanding depositions have been scheduled in advance of the conference. Signed by Magistrate Judge Mark J. Dinsmore on 11/22/2021. (GD) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
63

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 11/24/2021. Defendants committed to produce witnesses for their Fed. R. Civ. P. 30(b)(6) depositions on December 16, 20, and 21, 2021. Telephonic Status Conference set for 12/22/2021 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 12/01/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
62

MOTION to Withdraw Attorney Appearance (Leave), filed by Defendants INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
64

ORDER - This matter is before the Court on counsel's Motion for Leave to Withdraw Appearance of Kelly S. Earls on behalf of Defendants. [Dkt. 62 ]. The Court has no record of Ms. Earls having entered an appearance in this matter. Accordingly, the motion is DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 12/2/2021. (SWM) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
65

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Garn, Jefferson) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
66

NOTICE of Appearance by Caryn Nieman Szyper on behalf of Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Szyper, Caryn) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
67

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
69

Unopposed MOTION for Extension of Time to December 30, 2021 in which to 57 Amended Complaint File Answer, filed by Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
70

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/22/2021. Parties discussed status of discovery. Court sua sponte amends approved Case Management Plan as amended ( 25 & 54 ). Statement of Claims or Defenses due by 4/13/2022. Discovery due by 4/8/2022. Dispositive Motions due by 5/4/2022. On or before 1/5/2022, parties shall jointly move to continue trial until in or after February, 2023. Telephonic Status Conference set for 1/20/2022 at 3:30 PM (Eastern Time). *SEE ORDER FOR ALL AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 2/8/2022 (GD). (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
71

SCHEDULING ORDER: In order to allow the Court to more efficiently and effectively manage the conduct of discovery in this matter, on or before 1/18/2022, the parties shall jointly file a "Joint Report on the Status of Discovery". On each twenty-eighth day thereafter, until the parties report that all discovery in this matter has been completed, the parties shall jointly file a "Supplemental Joint Report on the Status of Discovery". *SEE ORDER FOR REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore on 12/22/2021. (GD) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
72

ORDER granting in part and denying in part 69 Defendants' Unopposed Motion for Extension of Time to File Answer. On or before 12/27/2021, Defendants shall file their Answer to Plaintiffs' Amended Complaint. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 12/22/2021. (GD) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
73

ANSWER to 57 Amended Complaint, filed by CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION.(Garn, Jefferson) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
74

Joint MOTION for Continuance for Final Pre Trial Conference and Trial, filed by Defendants INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Abshire, Courtney) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER
75

ORDER granting Joint 74 Motion for Continuance. Scheduling: Bench Trial reset for 3/20/2023 ay 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson, with an anticipated duration of 4 days. Final Pretrial Conference reset for 2/15/2023 at 01:00 PM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson . Signed by Judge Jane Magnus-Stinson on 1/6/2022. (MAC) Modified on 1/6/2022 (MAC). (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
76

NOTICE of Appearance by Samuel Mark Adams on behalf of Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Adams, Samuel) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
77

STATUS REPORT on the Status of Discovery by CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
79

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/20/2022. Parties discussed status of discovery. Telephonic Status Conference set for 2/17/2022 at 11:00 AM (Eastern Time) to discuss parties' Supplemental Joint Report on Status of Discovery due 2/15/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/21/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
80

APPENDIX of Exhibits in Support of Motion for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1. Kristin Fleschner Declaration, # 2 Exhibit 2. Rita Kersh Declaration, # 3 Exhibit 3. Wanda Tackett Declaration, # 4 Exhibit 4. Dee Ann Hart Declaration (ACBI), # 5 Exhibit 5. Lou Ann Blake Declaration, # 6 Exhibit 6. Terri Youngblood Savage Declaration, # 7 Exhibit 7. Indiana Election Division Deposition, # 8 Exhibit 8. Indiana Secretary of State Deposition, # 9 Exhibit 9. Seth Cooper Deposition, # 10 Exhibit 10. Jay Phelps Deposition, # 11 Exhibit 11. Indiana Secretary of State September 2021 Order, # 12 Exhibit 12. Indiana Secretary of State Letter to U.S. Election Assistance Commission, # 13 Exhibit 13. Copy of Charlson v. Galvin, # 14 Exhibit 14. Copy of Powell v. Benson)(Adams, Samuel) (Entered: 02/07/2022)

1 Exhibit 1. Kristin Fleschner Declaration

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2 Exhibit 2. Rita Kersh Declaration

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3 Exhibit 3. Wanda Tackett Declaration

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4 Exhibit 4. Dee Ann Hart Declaration (ACBI)

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5 Exhibit 5. Lou Ann Blake Declaration

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6 Exhibit 6. Terri Youngblood Savage Declaration

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7 Exhibit 7. Indiana Election Division Deposition

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8 Exhibit 8. Indiana Secretary of State Deposition

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9 Exhibit 9. Seth Cooper Deposition

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10 Exhibit 10. Jay Phelps Deposition

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11 Exhibit 11. Indiana Secretary of State September 2021 Order

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12 Exhibit 12. Indiana Secretary of State Letter to U.S. Election Assistance Commis

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13 Exhibit 13. Copy of Charlson v. Galvin

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14 Exhibit 14. Copy of Powell v. Benson

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Feb. 7, 2022

Feb. 7, 2022

PACER
81

MOTION for Preliminary Injunction, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Adams, Samuel) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

Clearinghouse
82

BRIEF/MEMORANDUM in Support re 81 MOTION for Preliminary Injunction, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Adams, Samuel) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
83

SCHEDULING ORDER: This matter is set for a Telephonic Pretrial Conference on 2/10/2022 at 3:30 PM (Eastern Time) to discuss a briefing schedule regarding 81 Plaintiffs' Motion for Preliminary Injunction. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2022. (GD) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
85

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Pretrial Conference held on 2/10/2022. Court & parties discussed Plaintiffs' Motion for Preliminary Injunction 81 ; Defendants shall file any response to motion on or before 2/18/2022 & Plaintiffs shall file any reply in support of motion on or before 2/23/2022. By no later than 2/17/2022, Plaintiffs shall respond to Defendants' interrogatories served on 2/7/2022. Court notes that parties have requested oral argument (but not an evidentiary hearing) on motion not to exceed 90 minutes. Any hearing on motion will be set by separate order. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER
86

STATUS REPORT on Discovery, Joint by INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
88

ORDER: The Court sets Plaintiff's Motion for Preliminary Injunction 81 for oral argument in this case for 10:00 a.m. on Monday, March 7, 2022, in Room 202, 46 E. Ohio St., Indianapolis, Indiana. The hearing is set for 90 minutes. Signed by Judge Jane Magnus-Stinson on 2/17/2022.(MRI) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
89

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/17/2022. Parties discussed status of discovery. Telephonic Status Conference set for 3/21/2022 at 9:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 3/15/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
90

DECLARATION of Rita Kersh in Support of re 81 Motion for Preliminary Injunction by All Plaintiffs. (Brandt-Young, Christina) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
91

Appendix of Exhibits in Support of Response in Opposition to Motion re 81 MOTION for Preliminary Injunction, filed by Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Attachments: # 1 Exhibit A- 2022 Election Administrators Manual, # 2 Exhibit B- Signed declaration Co-Director Nussmeyer, # 3 Exhibit C- Signed declaration Co-Director King, # 4 Exhibit D- Current voting system protocol, # 5 Exhibit E- Interrogatory Responses by Plaintiff Fleschner, # 6 Exhibit F- Interrogatory Responses by Plaintiff Kersh, # 7 Exhibit G- Interrogatory Responses by Plaintiff Tackett, # 8 Exhibit H- Blake declaration from NY proceeding)(Abshire, Courtney) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
92

RESPONSE in Opposition re 81 MOTION for Preliminary Injunction, filed by Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

Clearinghouse
93

APPENDIX for Plaintiffs' Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1. SEA 398 Open Questions & Considerations, # 2 Exhibit 2. SEA 398 Options, # 3 Exhibit 3. Correspondence of Deputy General Counsel, # 4 Exhibit 4. Declaration of Lou Ann Blake, # 5 Exhibit 5. Declaration of Terry Youngblood Savage)(Brandt-Young, Christina) Modified on 2/24/2022 (MAC). (Create Links to 81 and 94 ). (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
94

REPLY in Support of Motion re 81 MOTION for Preliminary Injunction, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Brandt-Young, Christina) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
95

ORDER - This matter is currently set for oral argument on March 7, 2022, concerning Plaintiffs' Motion for Preliminary Injunction, [Filing No. 81 ]. In order to facilitate an efficient resolution of that motion, the Court ORDERS Plaintiffs and Defendants to submit their respective Proposed Findings of Fact and Conclusions of Law on or before March 4, 2022. Signed by Judge Jane Magnus-Stinson on 2/24/2022. (MAC) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
96

Findings of Fact & Conclusions of Law (proposed) by All Plaintiffs. (Brandt-Young, Christina) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
97

Submission of Proposed Order Findings of Fact and Conclusions of Law, re 81 MOTION for Preliminary Injunction, filed by Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
98

MINUTE ORDER for proceedings held on 3/7/2022. On March 7, 2022, the Court held a hearing concerning Plaintiffs' Motion for Preliminary Injunction, [Filing No. 81]. Plaintiffs were represented by in-person counsel Christina Brandt-Young, Samuel Adams, and Tom Crishon. Plaintiffs' counsel Jelena Kolic and Rosa Lee Bichell were present by video teleconference. Several representatives for Plaintiff American Council of the Blind of Indiana were present in person and by video conference, including Barbara Salisberry and Dee Ann Hart who were both present in person. Plaintiffs Rita Kersh and Wanda Tackett were present by video conference. Defendants were represented by in-person counsel Courtney Abshire, Caryn Nieman Szyper, and Jefferson Garn. The Court Reporter was Jean Knepley. The parties each presented oral argument and responded to questions from the Court. Plaintiffs' Motion for Preliminary Injunction, 81, was TAKEN UNDER ADVISEMENT. The hearing was adjourned. Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER
99

ORDER of Findings of Fact and Conclusions of Law. Plaintiffs' Motion for Preliminary Injunction, 81, is GRANTED IN PART and DENIED IN PART. The motion is GRANTED to the extent that Defendants are ORDERED to make the use of a Traveling Board permissive, rather than mandatory, for voters with print disabilities seeking to vote absentee by mail in the upcoming May 3, 2022 primary election. Voters with print disabilities may complete their mail-in ballots with the assistance of an individual of their own choosing, as long as the individual is not the voter's employer, an officer of the voter's union, or an agent of the voter's employer or union. Defendants shall notify county election boards that they must accept and count such ballots if otherwise valid. The motion is DENIED to the extent that Plaintiffs seek to require Defendants to implement an RAVBM voting option in advance of the May 3, 2022 primary election. The Court reiterates that its partial denial of Plaintiffs' motion is without prejudice to Plaintiffs' ability to file a renewed motion seeking injunctive relief relating to future elections. Although binding caselaw prevents the Court from addressing obvious problems with Defendants' current absentee voting procedures in advance of the May 3, 2022 primary election, the Court is gravely concerned about those issues and expects Defendants to increase their efforts to remedy those problems in advance of future elections. To facilitate such efforts, the Court further ORDERS as follows: The parties shall appear at a status conference in approximately three months, which will be set by separate order. At that conference, Defendants, in person, must be prepared to update the Court regarding the status of absentee voting for voters with print disabilities and all of the issues raised in connection with Plaintiffs' current motion. Defendants are ORDERED to gather data on the following items in connection with the May 3, 2022 primary election, with the purpose of measuring the success of Defendants' current plan for accessible absentee voting: How many voters--and specifically, how many voters with print disabilities--completed the absentee ballot application and registration form contemplated by SEA 398 and the UOCAVA scheme under Indiana Code ยง 3-11-4-6; How many voters with print disabilities were successfully registered and approved to vote absentee under SEA 398 and the UOCAVA scheme; How many accessible ballots were sent out to voters with print disabilities; and How many accessible ballots were: started, completed, accepted and counted, and rejected. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 3/9/2022. (MAC) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

Clearinghouse
100

PRELIMINARY INJUNCTION - For the reasons set forth in the Court's Order entered this day, Defendants are ORDERED to make the use of traveling panels of the absentee voter board (colloquially referred to as "traveling boards") permissive, rather than mandatory, for voters with print disabilities seeking to vote absentee by mail pursuant to Ind. Code ยง 3-11-10-24 in the upcoming May 3, 2022 primary election. Voters with print disabilities may complete their mail-in ballots with the assistance of an individual of their own choosing, as long as the individual is not the voter's employer, an officer of the voter's union, or an agent of the voter's employer or union. Defendants shall notify county election boards that they must accept and count such ballots if otherwise valid. Defendants are further ORDERED to gather data on the following items in connection with the May 3, 2022 primary election, with the purpose of measuring the success of Defendants' current plan for accessible absentee voting for voters with print disabilities: How many voters--and specifically, how many voters with print disabilities--completed the absentee ballot application and registration form contemplated by Senate Enrolled Act ("SEA") 398 and the statutory scheme for absentee voting established by Indiana Code ยง 3-11-4-6 ("the UOCAVA Scheme"); How many voters with print disabilities were successfully registered and approved to vote absentee under SEA 398 and the UOCAVA Scheme; How many accessible ballots were sent out to voters with print disabilities; How many accessible ballots were: started, completed, accepted and counted, and rejected. Signed by Judge Jane Magnus-Stinson on 3/9/2022. (MAC) Modified on 3/9/2022 (MAC). (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
101

STATUS REPORT Joint, on the Status of Discovery by CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
103

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/21/2022. Parties discussed status of discovery. Telephonic Status Conference set for 4/14/2022 at 4:30 PM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 4/12/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/23/2022)

March 21, 2022

March 21, 2022

PACER
104

MOTION to Amend/Correct 100 Preliminary Injunction, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Crishon, Thomas) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
105

ORDER - In this case, Plaintiffs are asking the Court to amend the Preliminary Injunction to address an issue--the production, possession, and review of unmarked electronic ballots--that was never raised by Plaintiffs in their briefing on the Motion for Preliminary Injunction or at the hearing on the Motion for Preliminary Injunction. [See Filing No. 82; Filing No. 94.] Accordingly, a Motion to Amend is not the proper vehicle to obtain the relief Plaintiffs seek, and the Court finds no extraordinary circumstances justifying amendment of the Preliminary Injunction in the manner Plaintiffs request. The Motion to Amend, 104, therefore is DENIED, without prejudice to Plaintiffs' ability to seek relief in an appropriate manner. The parties are DIRECTED to confer with the Magistrate Judge and attempt to reach an agreed resolution to the issue raised in the Motion to Amend. Furthermore, the Court finds it appropriate to sua sponte amend the Preliminary Injunction to require Defendants to file with the Court the data they are already required to collect in connection with the May 3, 2022 primary election. Defendants must file this data by June 9, 2022. An Amended Preliminary Injunction adding this filing requirement shall issue separately. Finally, the Court SETS this matter for a status conference at 9:00 a.m. on June 16, 2022 in Room 202, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. Along with counsel, a representative from the Indiana Election Commission, a representative from the Indiana Secretary of State, and a representative from the Indiana Election Division must appear at the status conference. (See Order). Signed by Judge Jane Magnus-Stinson on 3/24/2022. (MAC) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
106

AMENDED PRELIMINARY INJUNCTION. Defendants are further ORDERED to compile this data and file it with the Court by June 9, 2022. (SEE ORDER FOR FURTHER DETAILS). Signed by Judge Jane Magnus-Stinson on 3/24/2022. (MAC) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
107

MOTION to Compel Discovery, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT. (Attachments: # 1 Text of Proposed Order)(Adams, Samuel) (Entered: 03/25/2022)

1 Text of Proposed Order

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March 25, 2022

March 25, 2022

Clearinghouse
108

NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Defendants CO-DIRECTORS OF THE INDIANA ELECTION DIVISION, INDIANA ELECTION COMMISSION, INDIANA ELECTION DIVISION, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Abshire, Courtney) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
109

SCHEDULING ORDER: This matter is before the Court on Plaintiff's Motion to Compel Discovery. [Dkt. 107 ]. Any response to the Motion is due on or before April 4, 2022. Any reply in support of the Motion is due on or before April 5, 2022. In addition, the Motion is set for a telephonic hearing on Wednesday, April 6, 2022, at 12:00 p.m. (Eastern). The parties shall attend the hearing by calling 877-873-8017, Access Code 7786882, Security Code 203118. Counsel for Plaintiffs shall serve a copy of this Scheduling Order, along with a copy of Plaintiff's Motion to Compel Discovery [Dkt. 107], on Non-party CIVIX and file proof of service by no later than March 31, 2022. Signed by Magistrate Judge Mark J. Dinsmore on 3/28/2022.(SWM) Modified on 3/29/2022 (SWM). (Entered: 03/29/2022)

March 28, 2022

March 28, 2022

PACER
110

NOTICE of Service of Documents, filed by Plaintiffs AMERICAN COUNCIL OF THE BLIND OF INDIANA, KRISTIN FLESCHNER, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, RITA KERSH, WANDA TACKETT, re 109 Scheduling Order. (Adams, Samuel) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Disability Rights

Plaintiffs

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Issues

Disability:

P&A Associational Standing

Visual impairment