Case: Vogt v. City of New Albany

4:06-cv-00076 | U.S. District Court for the Southern District of Indiana

Filed Date: May 16, 2006

Closed Date: Feb. 21, 2008

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Case Summary

This case is about proper apportionment of city-council districts in New Albany, Indiana. On May 16, 2006, residents and registered voters of New Albany filed this lawsuit in the U.S. District Court for the Southern District of Indiana, before Circuit Judge John Daniel Tinder (who sat by designation). The voters sued New Albany, the City Council of New Albany, and members of the City Council of New Albany under 28 U.S.C. 1983. The voters alleged that the city council had failed to redraw and divide city precincts into councilmanic districts that contained, as much as possible, equal population. The voters sought in relevant part: (1) a judgment declaring the current councilmanic districts malapportioned and thus a denial of the voters' equal-protection rights and (2) a special commission of five apolitical citizens of New Albany to divide the city into equal councilmanic districts.

Indiana law provided that the legislative body would adopt an ordinance to divide New Albany into six districts that contain, as much as possible, equal population. Indiana Code § 36-4-6-3(b). Another provision provided that such division would be made in 2002, every ten years after that, and when required to assign annexed territory to a district. Indiana Code § 36-4-6-3(g). The voters alleged that, per the U.S. Census in 2000 and then-current county data, New Albany's districts had unequal population—the equal division would be 4933 registered voters in each district. The voters alleged that this unequal division would cause them irreparable and unconstitutional delusion of their votes in the 2007 primary and general city council elections.

On November 12, 2007, the city council moved the court for an order enforcing a settlement agreement the parties had reached that would dismiss the case in full with prejudice. As part of the settlement, the city council agreed to pass an ordinance under which it would redraw the boundaries of its six voting districts by November 22, 2007, in time for the elections, but without an advisory committee. The city council argued that the voters were attempting to disavow or to revoke their acceptance of the settlement agreement. The district court denied the motion for reasons stated on the record (but not available in print) and gave the city council till December 5, 2007, to comply with the agreement. The court also stated that the voters would have fifteen days to reply after a filing (not identified) by the city council.

On December 4, 2007, the voters filed what they called a response in opposition to a motion to dismiss (though no motion to dismiss was filed in the case). The voters argued that the settlement agreement "fell apart by action of the [city council]." The voters alleged that the city council failed to adhere to the agreement because: the city council did not discuss its redistricting proposal at only public meetings; the ordinance the city council passed was defective because it did not require that the districts contain, as much as possible, equal population and there was a discrepancy of 565 registered voters between the largest district and the smallest district; and the ordinance was passed five days before the municipal elections in New Albany and Indiana law prohibited the passing of any redistricting ordinance for a full year before a municipal election.

On February 20, 2008, the parties jointly moved for the court to enter a proposed consent decree. That decree provided in relevant part: the city council would draw its six districts to contain, as much as possible, equal population; the city council had failed to ensure its districts were of equal population since at least 1992; and that an ordinance of redistricting would be adopted and in effect before the municipal elections of 2011. The decree also provided that the city council would establish an advisory committee on redistricting, composed of three council members and three individuals from a list provided by the voters in the lawsuit; that the council would reimburse counsel for the voters for certain attorneys' fees and costs; and that the court would retain jurisdiction to enforce the decree. The case closed upon the district court's entry of the consent decree on February 21, 2008.

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Summary Authors

Jesse Hogin (10/12/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17987451/parties/vogt-v-the-civil-city-of-new-albany-indiana/

Attorney for Plaintiff

Beardsley, Stephen Johnson (Indiana)

Attorney for Defendant

Ulrich, Jerry Leo (Indiana)

Attorney for Plaintiff

Beardsley, Stephen Johnson (Indiana)

Attorney for Defendant

Ulrich, Jerry Leo (Indiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:06-cv-00076	Complaint VOGT v. City of New Albany	May 16, 2006	May 16, 2006 Complaint
29-4 4:06-cv-00076	COMMON COUNCIL OF THE CITY OF NEW ALBANY AND ORDINANCE DIVIDING THE CITY INTO SIX DISTRICTS PURSUANT TO THE PROVISIONS OF I.C. 36-4-6-3 VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Statute/Ordinance/Regulation
30 4:06-cv-00076	Memorandum in Support of Motion VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Pleading / Motion / Brief
29-1 4:06-cv-00076	Deal near for new districts in New Albany VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Other
29 4:06-cv-00076	Motion VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Pleading / Motion / Brief
29-2 4:06-cv-00076	Consent Decree VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Order/Opinion
29-3 4:06-cv-00076	COMMON COUNCIL OF THE CITY OF NEW ALBANY RESOLUTION RELATING TO THE SETTLEMENT OF LITIGATION PENDING AGAINST THE CIVIL CITY OF NEW ALBANY AND THE COMMON COUNCIL THEREOF VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Settlement Agreement
29-5 4:06-cv-00076	Order VOGT v. City of New Albany	Nov. 12, 2007	Nov. 12, 2007 Order/Opinion
34 4:06-cv-00076	Response to Motion Dismiss VOGT v. City of New Albany	Dec. 4, 2007	Dec. 4, 2007 Pleading / Motion / Brief
36 4:06-cv-00076	Joint Motion VOGT v. City of New Albany	Feb. 20, 2008	Feb. 20, 2008 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17987451/vogt-v-the-civil-city-of-new-albany-indiana/

Last updated April 8, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against THE CIVIL CITY OF NEW ALBANY, INDIANA, THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK, filed by RUTHANNE WOLFE, JOHN GONDER, MILDRED GONDER, RICK CARMICKLE, RANDY SMITH, GREG ROBERTS, GREG PHIPPS, MARK SANDERS, TED FULMORE, JIM SPRIGLER, PETER A. VOGT, TABITHA SPRIGLER, LLOYD WIMP, NORA EGAN, VALERIA MUNFORD, L. E. WILLIAMS, JR., DAN CONNOR, JR., DIANA BAYLOR, ROGER A. BAYLOR, JEFF GILLENWATER.(KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 Clearinghouse
2	Summons Issued as to THE CIVIL CITY OF NEW ALBANY, INDIANA, serve Mayor James Garner, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK. (KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
3	CIVIL COVER SHEET filed by all plaintiffs. (KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
4	NOTICE - INSTRUCTIONS FOR PREPARING CASE MANAGEMENT PLAN issued. (KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
5	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
6	RECEIPT #401-1738 in the amount of $ 350.00, filing fee. (KTK, ) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
7	NOTICE of Appearance by Jerry Leo Ulrich on behalf of THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK (Ulrich, Jerry) (Entered: 06/14/2006)	June 14, 2006	June 14, 2006 PACER
8	NOTICE of Parties' First Extension of Time by THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK (Ulrich, Jerry) (Entered: 06/14/2006)	June 14, 2006	June 14, 2006 PACER
9	ANSWER to Complaint by THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA.(Ulrich, Jerry) (Entered: 07/07/2006)	July 7, 2006	July 7, 2006 PACER
10	MOTION for Extension of Time to 9-11-06 to file Case Management Plan by THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK. (Attachments: # 1 Text of Proposed Order)(Ulrich, Jerry) (Entered: 08/28/2006)	Aug. 28, 2006	Aug. 28, 2006 PACER
11	Submission Corrected Order for Motion for Extension of TIme by MARK SEABROOK. (Ulrich, Jerry) (Entered: 08/29/2006)	Aug. 29, 2006	Aug. 29, 2006 PACER
12	ORDER granting 10 Motion for Extension of Time until 9/11/2006, to file CMP . Signed by Judge William G. Hussmann Jr. on 8/30/2006. (KTK, ) (Entered: 08/30/2006)	Aug. 30, 2006	Aug. 30, 2006 PACER
13	CASE MANAGEMENT PLAN TENDERED, filed by Defendant THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA. (Ulrich, Jerry) (Entered: 09/15/2006)	Sept. 15, 2006	Sept. 15, 2006 PACER
14	ORDER: CASE MANAGEMENT PLAN APPROVED as submitted. Dispositive Motions due by 4/20/2007. Court Trial set for 12/3/2007 08:30 AM in room #200 before Judge John Daniel Tinder. Settlement Conference set for 3/22/2007 01:00 PM, New Albnay time, in room #228 before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 9/25/2006. (KTK) Modified on 8/1/2007 (KTK). (Entered: 09/26/2006)	Sept. 25, 2006	Sept. 25, 2006 PACER
15	MOTION for Continuance of Hearing set for 3/23/2007, filed by Plaintiffs RUTHANNE WOLFE, JOHN GONDER, MILDRED GONDER, RICK CARMICKLE, RANDY SMITH, GREG ROBERTS, GREG PHIPPS, MARK SANDERS, TED FULMORE, JIM SPRIGLER, PETER A. VOGT, TABITHA SPRIGLER, LLOYD WIMP, NORA EGAN, VALERIA MUNFORD, L. E. WILLIAMS, JR., DAN CONNOR, JR., DIANA BAYLOR, ROGER A. BAYLOR, JEFF GILLENWATER. (Attachments: # 1 Text of Proposed Order)(KTK) (Entered: 03/21/2007)	March 21, 2007	March 21, 2007 PACER
16	ORDER granting 15 Motion for Continuance of the 3/22/2007, Settlement Conference. Settlement Conference RESET for 7/27/2007 03:00 PM in room #228 before Magistrate Judge William G. Hussmann Jr. (See attachment to Docket No. 11 for particulars). Signed by Judge William G. Hussmann Jr. on 3/22/2007. (KTK) (Entered: 03/22/2007)	March 22, 2007	March 22, 2007 PACER
17	* PLEASE DISREGARD. SEE # 18 for Entry *Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 7/27/2007. See Entry for Particulars. (KTK) Modified on 8/1/2007 (KTK). (Entered: 08/01/2007)	Aug. 1, 2007	Aug. 1, 2007 PACER
18	Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 7/27/2007. See Entry for Particulars. (KTK) (Entered: 08/01/2007)	Aug. 1, 2007	Aug. 1, 2007 PACER
	(continuation of # 18) SCHEDULING ORDER: the current trial setting for a Bench Trial on 12/3/2007 at 08:30 AM in room #200 before Judge John Daniel Tinder is confirmed. Docket No. 14 should be corrected to trial by court and not by jury. Final Pretrial Conference set for 11/16/2007 01:00 PM in room #228 before Magistrate Judge William G. Hussmann Jr. Settlement Conference set for 8/24/2007 03:00 PM in room #228 before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 8/1/2007. (KTK)	Aug. 1, 2007	Aug. 1, 2007 PACER
19	Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 8/24/2007. The parties have reached an agreement in principle to resolve this matter. (KTK) (Entered: 08/29/2007)	Aug. 29, 2007	Aug. 29, 2007 PACER
	(continuation of # 19 SCHEDULING ORDER: Telephonic Status Conference set for 10/15/2007 02:00 PM, New Albany time, before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 8/29/2007. (KTK)	Aug. 29, 2007	Aug. 29, 2007 PACER
20	MOTION for Continuance, filed by Defendant THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA., (Attachments: # 1 Text of Proposed Order Order Rescheduliong)(Ulrich, Jerry) (Entered: 10/04/2007)	Oct. 4, 2007	Oct. 4, 2007 PACER
21	ORDER granting 20 Defendant's Motion to Reschedule Status Conference. The telephonic Status Conference now set for 10/15/2007, at 2:00 p.m. is hereby continued to 10/31/2007, at 12:00 noon, New Albany time (EDT), on the Court's bridge line, before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 10/9/07. (JLM) (Entered: 10/09/2007)	Oct. 9, 2007	Oct. 9, 2007 PACER
22	NOTICE of Appearance by Brandon W. Smith on behalf of Plaintiff TED FULMORE. (Smith, Brandon) (Entered: 10/23/2007)	Oct. 23, 2007	Oct. 23, 2007 PACER
23	STIPULATION of Dismissal AGREED ORDER OF DISMISSAL, filed by Plaintiff TED FULMORE. (Smith, Brandon) (Entered: 10/23/2007)	Oct. 23, 2007	Oct. 23, 2007 PACER
24	STIPULATION of Dismissal, filed by Plaintiff TED FULMORE. (Attachments: # 1 Text of Proposed Order Agreed Order of Dismissal)(Smith, Brandon) (Entered: 10/24/2007)	Oct. 24, 2007	Oct. 24, 2007 PACER
25	MOTION to Withdraw Certain Plaintiffs, filed by Plaintiffs RUTHANNE WOLFE, JOHN GONDER, MILDRED GONDER, RICK CARMICKLE, TED FULMORE, and NORA EGAN. (Attachments: # 1 Text of Proposed Order)(JLM) (Entered: 10/24/2007)	Oct. 24, 2007	Oct. 24, 2007 PACER
	(CONTINUATION OF #25) MOTION to Correct Spellings of Certain Plaintiffs, filed by Plaintiffs JIM SPRIGLER, TABITHA SPRIGLER, VALERIA MUNFORD and DAN CONNOR, JR.(JLM)	Oct. 24, 2007	Oct. 24, 2007 PACER
26	ORDER granting 25 Motion to Withdraw Certain Plaintiffs and Correct Spellings of Certain Plaintiffs. The following named Plaintiffs are dismissed: Ted Fulmore, Nora Egan, John Gonder, Ruthanne Wolfe, Mildred Gonder, and Rick Carmickle. The Clerk is directed to correct the spellings of certain Plaintiffs as follows: Varie Munford, Jim Sprigler, Tabitha Sprigler, and Dan Cannon, Jr. Signed by Judge John Daniel Tinder on 10/24/07. (JLM) (Entered: 10/25/2007)	Oct. 24, 2007	Oct. 24, 2007 PACER
27	AGREED ORDER OF DISMISSAL re 24 Stipulation of Dismissal filed by TED FULMORE. All claims of Plaintiff Ted Fulmore are hereby dismissed with prejudice. Each party shall bear its own costs and attorneys fees. Signed by Judge John Daniel Tinder on 10/24/07. (JLM) (Entered: 10/25/2007)	Oct. 24, 2007	Oct. 24, 2007 PACER
28	Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Status Conference held on 10/31/2007. The current trial setting before District Judge Tinder on 12/3/2007, and the final pretrial conference set before the Magistrate Judge on 11/16/2007, are CONFIRMED. (KTK) (Entered: 11/07/2007)	Nov. 7, 2007	Nov. 7, 2007 PACER
29	MOTION to Enforce Judgment (Settlement), filed by Defendant THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA., (Attachments: # 1 Exhibit Public Comments of Plaintiffs# 2 Exhibit Draft Consent Decree# 3 Exhibit Council Resolution and Consent Decree# 4 Exhibit Redistricting Ordinance# 5 Text of Proposed Order Proposed Order)(Ulrich, Jerry) (Entered: 11/12/2007) 1 View on Clearinghouse 2 View on Clearinghouse 3 View on Clearinghouse 4 View on Clearinghouse 5 View on Clearinghouse	Nov. 12, 2007	Nov. 12, 2007 Clearinghouse
30	BRIEF/MEMORANDUM in Support re 29 MOTION to Enforce Judgment (Settlement) MOTION to Enforce Judgment (Settlement), filed by Defendant THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA. (Ulrich, Jerry) (Entered: 11/12/2007)	Nov. 12, 2007	Nov. 12, 2007 Clearinghouse
31	Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Final Pretrial Conference held on 11/16/2007. (KTK) (Entered: 11/19/2007)	Nov. 19, 2007	Nov. 19, 2007 PACER
	(continuation of # 31) SCHEDULING ORDER: By agreement of the parties, and after consultation with Judge Tinder, the 12/3/2007, court trial is VACATED. Hearing on defendant's Motion to Enforce Settlement Agreement set for 12/4/2007 03:00 PM, New Albany time, in room #200 before Judge John Daniel Tinder. Signed by Judge William G. Hussmann Jr. on 11/19/2007. (KTK)	Nov. 19, 2007	Nov. 19, 2007 PACER
32	ENTRY and Notice: the 12/3/2007, trial is VACATED. The court will conduct a hearing on defendant's Motion to Enforce Settlement on Tuesday, 12/4/2007 at 3:00pm. in Room 200 of the United States Courthouse in New Albany, Indiana. Signed by Judge John Daniel Tinder on 11/20/2007. (KTK) (Entered: 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007 PACER
33	Minute Order for proceedings held before Judge John Daniel Tinder: Motion Hearing held on 12/4/2007 re 29 MOTION to Enforce Judgment (Settlement). The motion is denied for the reasons stated in open court. Defendant has 60 days from 12/5/2007 to comply with agreement. Plaintiffs have 15 days to response. (Court Reporter F. Pratt.)(EAH) (Entered: 12/04/2007)	Dec. 4, 2007	Dec. 4, 2007 PACER
34	RESPONSE in Opposition to Motion to Dismiss, filed by Plaintiffs RANDY SMITH, GREG ROBERTS, GREG PHIPPS, MARK SANDERS, JIM SPRIGLER, PETER A. VOGT, TABITHA SPRIGLER, LLOYD WIMP, VARIE MUNFORD, L. E. WILLIAMS, JR., DAN CANNON, JR, DIANA BAYLOR, ROGER A. BAYLOR, JEFF GILLENWATER -cs. (EAH) (Entered: 12/11/2007)	Dec. 4, 2007	Dec. 4, 2007 Clearinghouse
35	SCHEDULING ORDER: Telephonic Status Conference set for 5/7/2008 09:30 AM (bridge) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 2/14/08.(TMD) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008 PACER
36	Joint MOTION To Enter Substituted Consent Decree, filed by Defendants THE CIVIL CITY OF NEW ALBANY, INDIANA, THE CITY COUNCIL FOR THE CITY OF NEW ALBANY, INDIANA, DAN COFFEY, BILL SCHMIDT, STEVE PRICE, LARRY KOCHERT, BEVERLY CRUMP, LARRY GAHAN, DONNIE BLEVINS, JACK MESSER, MARK SEABROOK. (Attachments: # 1 Text of Proposed Order Substituted Consent Decree)(Ulrich, Jerry) (Entered: 02/20/2008) 1 View on RECAP	Feb. 20, 2008	Feb. 20, 2008 Clearinghouse
37	CLOSED CONSENT DECREE. See Entry for particulars. Signed by Judge John Daniel Tinder on 2/21/2008.(KTK) (Entered: 02/21/2008)	Feb. 21, 2008	Feb. 21, 2008 RECAP