Case: Hindel v. Husted

2:15-cv-03061 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 7, 2015

Closed Date: June 11, 2018

Clearinghouse coding complete

Case Summary

On December 12, 2015 Disability Rights Ohio and the law firm of Brown, Goldstein, & Levy, LLP, brought this case against the office of Ohio Secretary of State Jon Husted on behalf of three blind Ohio voters and the National Federation of the Blind. It was filed in the U.S. District Court for the Southern District of Ohio, where it was assigned to District Judge George C. Smith. The case raised claims under the Americans with Disabilities Act. The suit alleged that the plaintiffs faced discrimin…

On December 12, 2015 Disability Rights Ohio and the law firm of Brown, Goldstein, & Levy, LLP, brought this case against the office of Ohio Secretary of State Jon Husted on behalf of three blind Ohio voters and the National Federation of the Blind. It was filed in the U.S. District Court for the Southern District of Ohio, where it was assigned to District Judge George C. Smith. The case raised claims under the Americans with Disabilities Act. The suit alleged that the plaintiffs faced discrimination based on their disabilities because Ohio’s absentee ballots are only available on paper, blind voters were unable to fill them out without assistance—an infringement on their right to cast a ballot privately and independently. Additionally, it alleged that the plaintiffs were unable to access important voting information and forms on the Secretary of State’s website due to the site’s inaccessible design and inability to work with screen access software. The plaintiffs requested declarator and injunctive relief, as well as attorneys’ fees. They also filed a motion for a preliminary injunction along with their complaint.

The defendants responded by moving for judgment on the pleadings on the absentee voting claims. Judge Smith granted that motion in May of 2016, finding that the plaintiffs’ proposed changes to Ohio’s absentee voting scheme would be a fundamental alteration of the program. 2016 WL 2735935. The plaintiffs moved for reconsideration, but Judge Smith denied that motion as well. 2016 WL 6677170.

However, Judge Smith later partially ruled for the plaintiffs on the website claims. On November 14, 2016, he issued a permanent injunction ordering the defendants to make the Secretary of State website accessible by September of that year.

The plaintiffs appealed and on November 13, 2017, the U.S. Court of Appeals for the Sixth Circuit reversed Judge Smith’s ruling on the absentee ballot claims. 875 F.3d 344. It held that Judge Smith had erred by accepting the defendants’ claims that the plaintiffs’ proposed changes. Would amount to a fundamental alteration of Ohio’s voting systems without requiring the defendants to produce evidence for their claim.

After remand, the parties reached a settlement and stipulated to the dismissal of the case in June of 2018.The State issued a directive, instructing the state's local boards of elections to make remote ballot-marking systems available to voters who are blind or who have other disabilities in time for the November 2018 election. Such systems can be used alongside Braille or screen reader technology, which reads the text on a computer's screen as spoken words, to allow blind voters to mark their absentee ballots without assistance. The ballot can then be printed and mailed to the local board of elections, just like any other absentee ballot. The system will also benefit voters who are deaf-blind or who have other disabilities that prevent them from visiting a polling place or marking a traditional ballot.

The case is now closed.

Summary Authors

NDRN (8/11/2022)

Jonah Hudson-Erdman (9/25/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363791/parties/hindel-v-husted/


Judge(s)
Attorney for Plaintiff

Barbosa, Patricia (Ohio)

Basche, Monica R. (Ohio)

Attorney for Defendant

Armstrong, Kristopher J (Ohio)

Armstrong, Maria J (Ohio)

Berman, Jordan S. (Ohio)

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Documents in the Clearinghouse

Document
1

2:15-cv-03061

Complaint for Declaratory and Injunctive Relief and Attorneys’ Fees

Dec. 7, 2015

Dec. 7, 2015

Complaint
2

2:15-cv-03061

Motion for Preliminary Injunction

Dec. 7, 2015

Dec. 7, 2015

Pleading / Motion / Brief
25

2:15-cv-03061

Motion for Permanent Injunction

April 8, 2016

April 8, 2016

Pleading / Motion / Brief
31

2:15-cv-03061

Opinion and Order

May 11, 2016

May 11, 2016

Order/Opinion

2016 WL 2016

44

2:15-cv-03061

Opinion and Order

Nov. 14, 2016

Nov. 14, 2016

Order/Opinion

2016 WL 2016

50

2:15-cv-03061

Opinion and Order

Feb. 1, 2017

Feb. 1, 2017

Order/Opinion

2017 WL 2017

53

2:15-cv-03061

Plaintiffs’ Motion for Attorneys’ Fees and Costs

Feb. 24, 2017

Feb. 24, 2017

Pleading / Motion / Brief
53

2:15-cv-03061

Plaintiffs’ Motion for Attorneys’ Fees and Costs

Feb. 24, 2017

Feb. 24, 2017

Pleading / Motion / Brief

17-03207

Opinion

U.S. Court of Appeals for the Sixth Circuit

Nov. 13, 2017

Nov. 13, 2017

Order/Opinion

875 F.3d 875

Summary

No Court

Jan. 19, 2018

Jan. 19, 2018

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363791/hindel-v-husted/

Last updated April 28, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ohio Secretary of State Jon Husted ( Filing fee $ 400 paid - receipt number: 0648-5302293), filed by The National Federation of the Blind, Inc., Shelbi Hindel, Marianne Denning, Barbara Pierce. (Attachments: # 1 Civil Cover Sheet) (Boylan, Jason) (Entered: 12/07/2015)

1 Civil Cover Sheet

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Dec. 7, 2015

Dec. 7, 2015

Clearinghouse
2

MOTION for Preliminary Injunction by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 12/31/2015 (Attachments: # 1 Exhibit Declaration - Charlson, # 2 Exhibit Declaration - Denning, # 3 Exhibit Declaration - Dudley, # 4 Exhibit Declaration - Fetter, # 5 Exhibit Declaration - Gilbert, # 6 Exhibit Declaration - Hindel, # 7 Exhibit Declaration - Pierce, # 8 Exhibit Declaration - Riccobono, # 9 Exhibit Declaration - Rush, # 10 Exhibit Declaration - Summers) (Boylan, Jason) (Entered: 12/07/2015)

1 Exhibit Declaration - Charlson

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2 Exhibit Declaration - Denning

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3 Exhibit Declaration - Dudley

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4 Exhibit Declaration - Fetter

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5 Exhibit Declaration - Gilbert

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6 Exhibit Declaration - Hindel

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7 Exhibit Declaration - Pierce

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8 Exhibit Declaration - Riccobono

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9 Exhibit Declaration - Rush

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10 Exhibit Declaration - Summers

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Dec. 7, 2015

Dec. 7, 2015

Clearinghouse
3

Corporate Disclosure Statement by Plaintiff The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
4

MOTION for Leave to Appear Pro Hac Vice of Daniel F. Goldstein (Filing fee $ 200, receipt number 0648-5302442) by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 12/31/2015 (Attachments: # 1 Exhibit Certificate of Good Standing) (Boylan, Jason) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
5

MOTION for Leave to Appear Pro Hac Vice of Jessica P. Weber (Filing fee $ 200, receipt number 0648-5302443) by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 12/31/2015 (Attachments: # 1 Exhibit Certificate of Good Standing) (Boylan, Jason) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
6

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Daniel Goldstein; granting 5 Motion for Leave to Appear Pro Hac Vice of Jessica Weber. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/8/2015. (mas) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
7

NOTICE of Appearance by Nicole M. Koppitch for Defendant Ohio Secretary of State Jon Husted (Koppitch, Nicole) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
8

NOTICE of Appearance by Renata Y Staff for Defendant Ohio Secretary of State Jon Husted (Staff, Renata) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
9

ORDER - re 2 Motion for Preliminary Injunction,, filed by The National Federation of the Blind, Inc., Shelbi Hindel, Marianne Denning and Barbara Pierce: Rule 65.1 Telephone Conference set for 12/9/2015 10:00 AM before Judge George C. Smith. Signed by Judge George C. Smith on 12/8/15. (sem) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

RECAP
10

NOTICE of Appearance by Kristen Henry for Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. (Henry, Kristen) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
11

Minute Entry for proceedings held before Judge George C. Smith: Status Conference held on 12/9/2015. Scheduling Order to follow. (lvw) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
12

ORDER Setting Hearing on Motion 2 MOTION for Preliminary Injunction : Motion Hearing set for 1/20/2016 02:00 PM in Courtroom 4 - Columbus before Judge George C. Smith. Signed by Judge George C. Smith on 12/9/15`. (lvw) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
13

NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. re 2 MOTION for Preliminary Injunction (Weber, Jessica) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
14

WAIVER OF SERVICE Returned Executed. Waiver sent to Jon Husted on 12/7/2015, answer due 2/5/2016. (Weber, Jessica) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
15

SCHEDULING ORDER: Status Conference set for 1/12/2016 11:00 AM in Teleconference before Judge George C. Smith. Signed by Judge George C. Smith on 1/15/16. (lvw) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
16

SCHEDULING ORDER: Final Pretrial Conference set for 4/20/2016 03:00 PM in Chambers before Judge George C. Smith. Bench Trial set for 4/25/2016 10:00 AM in Courtroom 4 - Columbus before Judge George C. Smith. Motions due by 4/8/2016. Signed by Judge George C. Smith on 1/12/16. (lvw) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
17

Joint MOTION for Protective Order by Defendant Jon Husted. Responses due by 2/16/2016 (Attachments: # 1 Text of Proposed Order Stipultated Protective Order) (Koppitch, Nicole) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
18

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/21/2016. (sln) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
19

Defendant Ohio Secretary of State Jon Husted's ANSWER to 1 Complaint, filed by Jon Husted. (Koppitch, Nicole) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
20

MOTION for Judgment on the Pleadings by Defendant Jon Husted. Responses due by 2/29/2016 (Koppitch, Nicole) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
21

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/25/2016. (sln) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER
22

RESPONSE in Opposition re 20 MOTION for Judgment on the Pleadings filed by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

RECAP
23

REPLY to Response to Motion re 20 MOTION for Judgment on the Pleadings in Support of Motion filed by Defendant Jon Husted. (Koppitch, Nicole) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
24

SCHEDULING ORDER. Signed by Judge George C. Smith on 4/8/16. (lvw) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
25

MOTION for Permanent Injunction by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 5/2/2016 (Attachments: # 1 Text of Proposed Order) (Weber, Jessica) (Entered: 04/08/2016)

1 Text of Proposed Order

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April 8, 2016

April 8, 2016

Clearinghouse
26

Unopposed MOTION for Extension of Time New date requested 4/25/2016. by Defendant Jon Husted. Responses due by 5/9/2016 (Attachments: # 1 Text of Proposed Order re: Unopposed Motion for Extension) (Koppitch, Nicole) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
27

ORDER granting 26 Unopposed MOTION for Extension of Time. Set/Reset Deadlines as to 25 MOTION for Permanent Injunction - Responses due by 4/25/2016, Replies due by 5/4/2016. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/15/2016. (agm) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
28

NOTICE by Defendant Jon Husted of Filing Deposition Transcript (Attachments: # 1 Deposition Transcript of Matthew Damschroder, # 2 Deposition Transcript of Juan Gilbert, # 3 Deposition Transcript of John Walter Schmitt, # 4 Deposition Transcript of Shelbi Hindel) (Koppitch, Nicole) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
29

RESPONSE in Opposition re 25 MOTION for Permanent Injunction filed by Defendant Jon Husted. (Attachments: # 1 Exhibit A ADA Compliance - Ohio Secretary of State, # 2 Exhibit B Statement of Work-ADA Compliance Remediation, # 3 Exhibit C Affidavit of Matthew Damschroder) (Koppitch, Nicole) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
30

REPLY to Response to Motion re 25 MOTION for Permanent Injunction filed by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit) (Weber, Jessica) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
31

ORDER granting 20 Motion for Judgment on the Pleadings and VACATING Hearing/Trial Date for 6/6/16. Signed by Judge George C. Smith on 5/11/16. (lvw) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

Clearinghouse
32

**WITHDRAWN 6/24/2016** - MOTION for Entry of Judgment under Rule 54(b) by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 7/5/2016 (Boylan, Jason) Modified on 6/24/2016 (kk). (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
33

NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. re 32 MOTION for Entry of Judgment under Rule 54(b) (Boylan, Jason) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
34

MOTION for Reconsideration re 31 Order on Motion for Judgment on the Pleadings by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 8/1/2016 (Boylan, Jason) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
35

RESPONSE in Opposition re 34 MOTION for Reconsideration re 31 Order on Motion for Judgment on the Pleadings filed by Defendant Jon Husted. (Koppitch, Nicole) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
36

REPLY to Response to Motion re 34 MOTION for Reconsideration re 31 Order on Motion for Judgment on the Pleadings filed by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
37

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Kimberly A. Jolson for all further proceedings. Magistrate Judge Elizabeth Preston Deavers no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 8/11/2016. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
38

**SEE 10/6/2016 CORRECTIVE ENTRY** - NOTICE by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. Joint Motion for Status Conference (Boylan, Jason) Modified on 10/6/2016 (kk). (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER

Joint MOTION for Status Conference by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc., Defendant Jon HustedSEE DOCKET # 38 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Motion for Miscellaneous Relief." The document was incorrectly filed by counsel as a Notice instead of as a Motion. (kk)

Oct. 6, 2016

Oct. 6, 2016

PACER
39

SCHEDULING ORDER: Telephone Conference set for 10/19/2016 @ 11:00am before Judge George C. Smith. Signed by Judge George C. Smith on 10/11/2016. (kk) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
40

Minute Entry for proceedings held before Judge George C. Smith: Telephone Conference held on 10/19/2016. (lvw) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
41

Proposed Joint Scheduling Order by Defendant Jon Husted. Responses due by 11/17/2016 (Koppitch, Nicole) Modified text and termed motion on 10/24/2016 (mas). (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
42

ORDER: Plaintiffs' Motion for Permanent Injunction due by 11/11/16; Defendant's Response to Plaintiffs' Motion for Permanent Injunction due by 12/2/16; Plaintiffs' Reply in Support of their Motion for Permanent Injunction due by 12/9/16. Signed by Judge George C. Smith on 10/24/16. (sem) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
43

AMENDED SCHEDULING ORDER: Plaintiff's Motion for Permanent Injunction due by 11/16/2016 - Responses due by 12/7/2016 & Replies due by 12/14/2016. This matter shall be ripe for decision upon the conclusion of briefing. Signed by Judge George C. Smith on 11/10/2016. (kk) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
44

OPINION AND ORDER denying 34 Motion for Reconsideration re 31 Order on Motion for Judgment on the Pleadings. Signed by Judge George C. Smith on 11/14/2016. (kk) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

Clearinghouse
45

MOTION for Leave to File Video Manually by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. Responses due by 12/9/2016 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion For Leave To Manually File Video) (Boylan, Jason) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
46

ORDER granting 45 Motion for Leave to Manually File Video Exhibit. Signed by Magistrate Judge Kimberly A. Jolson on 11/16/2016. (pes) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
47

MOTION for Permanent Injunction by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. Responses due by 12/12/2016 (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Sharron Rush, # 2 Exhibit 1-A - to Supplemental Decl. of Sharron Rush, # 3 Exhibit 1-B - to Supplemental Decl. of Sharron Rush, # 4 Exhibit 2 - Deposition Transcript of Hollie Elam Lamar, # 5 Exhibit 3 - Proposed Order) (Goldstein, Daniel) (Entered: 11/16/2016)

1 Exhibit 1 - Supplemental Declaration of Sharron Rush

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2 Exhibit 1-A - to Supplemental Decl. of Sharron Rush

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3 Exhibit 1-B - to Supplemental Decl. of Sharron Rush

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4 Exhibit 2 - Deposition Transcript of Hollie Elam Lamar

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5 Exhibit 3 - Proposed Order

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Nov. 16, 2016

Nov. 16, 2016

RECAP

NOTICE of Manual Filing of Video Exhibit to 47 MOTION for Permanent Injunction received by Clerk's Office. (agm)

Nov. 17, 2016

Nov. 17, 2016

PACER
48

RESPONSE in Opposition re 47 MOTION for Permanent Injunction filed by Defendant Jon Husted. (Attachments: # 1 Exhibit A Damschroder Supplemental Affidavit, Exs. A-C) (Koppitch, Nicole) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
49

REPLY to Response to Motion re 47 MOTION for Permanent Injunction filed by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Attachments: # 1 Exhibit 1 - Second Supplemental Declaration of Sharron Rush) (Boylan, Jason) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
50

ORDER granting in part 47 Plaintiffs' Motion for a Permanent Injunction. Signed by Judge George C. Smith on 2/1/17. (sem) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

Clearinghouse
51

JUDGMENT entered pursuant to the Opinion and Order signed by Judge George C. Smith on 2/1/17. (sem) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

RECAP
52

NOTICE OF APPEAL re 31 Order on Motion for Judgment on the Pleadings, 51 Judgment, 44 Order on Motion for Reconsideration (Filing fee has been paid, receipt number 0648-5856187) by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
53

MOTION for Attorney Fees and Costs by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

Clearinghouse
54

Joint MOTION to Stay re 53 MOTION for Attorney Fees and Costs Pending Appeal by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
55

AGREED ORDER granting 54 Joint MOTION to Stay Briefing on Attorneys' Fees and Costs Pending Appeal. Signed by Judge George C. Smith on 3/1/17. (sem) Modified text on 3/2/2017 (agm). (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
56

NOTICE by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. of Withdrawal of Co-Counsel (Boylan, Jason) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
57

NOTICE by Defendant Jon Husted re 50 Order on Motion for Permanent Injunction Notice of Compliance (Koppitch, Nicole) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
59

USCA OPINION AND JUDGMENT as to 52 Notice of Appeal: The Sixth Circuit is ORDERING that the judgment of the district court is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Note: Mandate to issue. (er) (Entered: 11/20/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
58

Joint MOTION to Stay Briefing on Attorneys' Fees and Costs by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Boylan, Jason) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
60

ORDER granting 58 Agreed Second Motion to Stay Briefing on Attorneys' Fees and Costs. Signed by Judge George C. Smith on 11/21/17. (sem) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
61

MANDATE of USCA as to 52 Notice of Appeal: No costs taxed. (er) (Entered: 12/07/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
62

ORDER: Telephone Status Conference set for 12/13/2017 11:00 AM before Judge George C. Smith. Signed by Judge George C. Smith on 12/8/17. (sem) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
63

NOTICE by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc. of Withdrawal of Co-Counsel (Boylan, Jason) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER

Minute Entry for proceedings held before Judge George C. Smith: Status Conference held on 12/13/2017 (docketed for statistical purposes only). (sem)

Dec. 13, 2017

Dec. 13, 2017

PACER
64

ORDER memorializing the 12/13/17 Status Conference; Discovery due by 3/30/2018. Signed by Judge George C. Smith on 12/14/17. (sem) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
65

MOTION Revise Scheduling Order And Set Trial Date re 64 Order, Set Deadlines by Plaintiffs Marianne Denning, Shelbi Hindel, Barbara Pierce, The National Federation of the Blind, Inc.. (Attachments: # 1 Text of Proposed Order Granting Motion To Revise Scheduling Order And Set Trial Date) (Boylan, Jason) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
66

ORDER denying 65 Motion to Revise Scheduling Order. As the Court indicated in the December 13, 2017 Status Conference, a trial date will be set after further analysis of the case, including what specific issues remain to be resolved following the Sixth Circuit decision. Signed by Judge George C. Smith on 12/15/17. (smr) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
67

ORDER OF RECUSAL. Judge George C. Smith recused. Case randomly reassigned by the Clerk to Judge James L. Graham. Signed by Judge George C. Smith on 12/19/17. (sem) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
68

ORDER: Telephone Conference set for 1/4/2018 10:00 AM in Chambers before Judge James L. Graham. Signed by Judge James L. Graham on 12/21/2017. (ds) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
69

NOTICE: Telephone Conference set for 1/29/2018 @10:00 AM in Chambers before Judge James L. Graham. (ds) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
70

ORDER - Signed by Judge James L. Graham on 1/29/2018. (ds) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

RECAP

Set Deadlines/Hearings: Status Report due by 3/1/2018. (daf)

Jan. 31, 2018

Jan. 31, 2018

PACER
71

STATUS REPORT Joint Status Report by Defendant Jon Husted. (Koppitch, Nicole) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER

Set Deadlines/Hearings

March 27, 2018

March 27, 2018

PACER
72

Status Report

March 30, 2018

March 30, 2018

PACER

Set/Reset Deadlines

April 5, 2018

April 5, 2018

PACER
74

Status Report

May 14, 2018

May 14, 2018

PACER
75

Stipulation of Dismissal

June 11, 2018

June 11, 2018

RECAP
76

Amended Document (NOT Motion)

June 11, 2018

June 11, 2018

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 7, 2015

Closing Date: June 11, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three blind Ohio voters and the National Federation of the Blind

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

disability, unspecified

Screen readers and similar accessibility devices

Visual impairment

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access