Case: The Satanic Temple v. Rokita

U.S. Court of Appeals for the Seventh Circuit

The Satanic Temple v. Holcomb

The Satanic Temple v. Holcomb

COMPLAINT against All Defendants, filed by THE SATANIC TEMPLE. (Filing fee $402, receipt number AINSDC-7288973) (Attachments: # 1 Exhibit A-The Satanic Abortion Ritual, # 2 Proposed Summons, # 3 Civil Cover Sheet)(Mac Naughton, William) (Entered: 09/21/2022)

1 Exhibit A-The Satanic Abortion Ritual

View on RECAP

2 Proposed Summons

View on RECAP

3 Civil Cover Sheet

View on RECAP

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) (Entered: 09/26/2022)

MOTION for Attorney(s) W. James Mac Naughton to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7293613), filed by Plaintiff THE SATANIC TEMPLE. (Attachments: # 1 Text of Proposed Order)(Mac Naughton, William) (Entered: 09/26/2022)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 09/26/2022)

ORDER granting 3 Motion to Appear pro hac vice. Attorney William James Mac Naughton for THE SATANIC TEMPLE added. Signed by Magistrate Judge Mario Garcia on 9/27/2022. (CBU) (Entered: 09/27/2022)

Summons Issued as to ERIC HOLCOMB, TODD ROKITA. (JSR) (Entered: 10/04/2022)

NOTICE of Appearance by William James Mac Naughton on behalf of Plaintiff THE SATANIC TEMPLE. (Mac Naughton, William) (Entered: 10/08/2022)

WAIVER OF SERVICE Returned Executed, filed by THE SATANIC TEMPLE. All Defendants. (Mac Naughton, William) (Entered: 12/10/2022)

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants ERIC HOLCOMB, TODD ROKITA. (Garn, Jefferson) (Entered: 01/23/2023)

NOTICE of Parties' First Extension of Time re, filed by Defendants ERIC HOLCOMB, TODD ROKITA. (Garn, Jefferson) (Entered: 01/23/2023)

SCHEDULING ORDER - Telephonic Initial Pretrial Conference is set for 3/22/2023 10:30 AM (Eastern Time) before Magistrate Judge Mario Garcia. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Mario Garcia on 1/24/2023. (CKM) (Entered: 01/24/2023)

NOTICE of Substitution of Appearance by Aaron M. Ridlen replacing Jefferson S. Garn on behalf of ERIC HOLCOMB, TODD ROKITA (Attachments: # 1 Text of Proposed Order) (Ridlen, Aaron) (Entered: 02/20/2023)

1 Text of Proposed Order

View on RECAP

NOTICE of Appearance by Christopher Michael Anderson on behalf of Defendants ERIC HOLCOMB, TODD ROKITA. (Anderson, Christopher) (Entered: 02/20/2023)

NOTICE of Appearance by Rebekah Durham on behalf of Defendants ERIC HOLCOMB, TODD ROKITA. (Durham, Rebekah) (Entered: 02/20/2023)

Unopposed MOTION for Extension of Time to March 2, 2023 in which to 1 Complaint Respond, filed by Defendants ERIC HOLCOMB, TODD ROKITA. (Attachments: # 1 Text of Proposed Order)(Ridlen, Aaron) (Entered: 02/20/2023)

1 Text of Proposed Order

View on RECAP

ORDER - granting 15 Motion for Extension of Time. IT IS ORDERED that Defendants shall have up to and including March 2, 2023, to file their response to Plaintiff's Complaint. Signed by Magistrate Judge Mario Garcia on 2/21/23. (NAD) (Entered: 02/21/2023)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants ERIC HOLCOMB, TODD ROKITA. (Ridlen, Aaron) (Entered: 03/02/2023)

BRIEF/MEMORANDUM in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants ERIC HOLCOMB, TODD ROKITA. (Ridlen, Aaron) (Entered: 03/02/2023)

Consent MOTION to Vacate 11 Scheduling Order, filed by Plaintiff THE SATANIC TEMPLE. (Mac Naughton, William) (Entered: 03/14/2023)

ORDER - granting 19 Consent MOTION to Vacate Initial Pretrial Conference. The telephonic Initial Pretrial Conference set for March 22, 2023 is continued to May 2, 2023 at 10:00 a.m. (Est). The parties should be prepared to proceed with setting case management plan dates and deadlines at that time given the age of the case. In the meantime, nothing prevents the parties from informally agreeing to exchange information that might fall under Rule 26's initial disclosures. Signed by Magistrate Judge Mario Garcia on 3/17/23.(NAD) (Entered: 03/17/2023)

AMENDED COMPLAINT against TODD ROKITA, RYAN MEARS, filed by THE SATANIC TEMPLE, INC. (Attachments: # 1 Exhibit A-The Satanic Abortion Ritual)(Mac Naughton, William) Modified on 3/24/2023 - Updated dkt. text (JSR). (Entered: 03/23/2023)

1 Exhibit A-The Satanic Abortion Ritual

View on RECAP

NOTICE of Appearance by Aaron M. Ridlen on behalf of Defendant RYAN MEARS. (Ridlen, Aaron) (Entered: 03/24/2023)

NOTICE of Appearance by Rebekah Durham on behalf of Defendant RYAN MEARS. (Durham, Rebekah) (Entered: 03/24/2023)

NOTICE of Appearance by Christopher Michael Anderson on behalf of Defendant RYAN MEARS. (Anderson, Christopher) (Entered: 03/24/2023)

NOTICE of Appearance by James A. Barta on behalf of Defendants RYAN MEARS, TODD ROKITA. (Barta, James) (Entered: 03/24/2023)

NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Defendants RYAN MEARS, TODD ROKITA. (Holmes, Melinda) (Entered: 03/24/2023)

ORDER - Presently pending before the Court is a Motion to Dismiss filed by Defendants. [Filing No. 17 .] In response, Plaintiff filed an Amended Complaint, [Filing No. 21 ], as it was entitled to do pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Plaintiff's Amended Complaint now controls this litigation and supersedes the pleading at which Defendants' Motion to Dismiss is directed. The pending Motion to Dismiss, 17, is DENIED AS MOOT. Defendants must answer or otherwise respond to Plaintiff's Amended Complaint as contemplated by the Federal Rules of Civil Procedure. (See Order.) Signed by Judge Jane Magnus-Stinson on 3/29/2023. (JSR) (Entered: 03/29/2023)

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants RYAN MEARS, TODD ROKITA. (Fisher, Thomas) (Entered: 03/29/2023)

WAIVER OF SERVICE Returned Executed, filed by RYAN MEARS. RYAN MEARS waiver sent on 3/23/2023. (Ridlen, Aaron) (Entered: 04/04/2023)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff THE SATANIC TEMPLE, INC. . (Mac Naughton, William) (Entered: 05/01/2023)

MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Initial Pretrial Conference held on 5/2/2023. The Court will approve the Case Management Plan, by separate order, with changes discussed during conference. Case Management Plan to be modified so that initial disclosures in section III(B) are now due June 9, 2023. This matter is scheduled for a telephonic status conference on Thursday, August 24, 2023 at 11:00 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD) (Entered: 05/03/2023)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 3/23/2024. Discovery due by 1/23/2024. Signed by Magistrate Judge Mario Garcia on 5/2/2023.(TPS) (Entered: 05/03/2023)

First MOTION for Extension of Time to July 6, 2023 in which to 21 Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Attachments: # 1 Text of Proposed Order)(Ridlen, Aaron) (Entered: 05/17/2023)

1 Text of Proposed Order

View on RECAP

RESPONSE in Opposition re 34 First MOTION for Extension of Time to July 6, 2023 in which to 21 Amended Complaint, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 Exhibit A-Request for Admissions, # 2 Exhibit B-Interrogatories, # 3 Exhibit C-Production of Documents)(Mac Naughton, William) (Entered: 05/18/2023)

1 Exhibit A-Request for Admissions

View on RECAP

2 Exhibit B-Interrogatories

View on RECAP

3 Exhibit C-Production of Documents

View on RECAP

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 05/22/2023)

BRIEF/MEMORANDUM in Support re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Attachments: # 1 Exhibit 1 - Combined Discovery Requests, # 2 Exhibit 2 - Satanic Temple Website)(Ridlen, Aaron) (Entered: 05/22/2023)

1 Exhibit 1 - Combined Discovery Requests

View on RECAP

2 Exhibit 2 - Satanic Temple Website

View on RECAP

MOTION for Protective Order, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 Text of Proposed Order)(Mac Naughton, William) (Entered: 05/24/2023)

1 Text of Proposed Order

View on RECAP

UNIFORM STIPULATED PROTECTIVE ORDER - SEE ORDER. Signed by Magistrate Judge Mario Garcia on 5/25/23.(JRB) (Entered: 05/25/2023)

ORDER denying as moot 34 Motion for Extension of Time to File Respond to Plaintiff's Amended Complaint from May 22, 2023 to July 6, 2023. However, on May 22, 2023, before the Court could rule on the Motion for Extension, Defendants filed a Motion to Dismiss the Amended Complaint 36 . Court will hold a telephonic status conference to discuss whether Defendants' Motion to Dismiss should be held in abeyance so that the parties may conduct expedited and narrowly tailored discovery on the issue of standing under Fed. R. Civ. P. 12(b)(1). The Court will issue a separate scheduling order. Signed by Magistrate Judge Mario Garcia on 5/25/2023. (JDC) (Entered: 05/25/2023)

SCHEDULING ORDER - This matter is scheduled for a telephonic status conference on Wednesday, June 7, 2023 at 9:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia on 5/25/2023.(JDC) (Entered: 05/25/2023)

MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 6/7/2023. Parties discussed the possibility of holding the pending Motion to Dismiss in abeyance, but neither side requested such relief. Plaintiff sought a 7-day extension to file its response to the Motion to Dismiss with no opposition by defendant. Plaintiff's response will be due June 20, 2023, and defendant's reply in support of the Motion to Dismiss due by July 5, 2023. Signed by Magistrate Judge Mario Garcia. (NAD) (Entered: 06/09/2023)

RESPONSE in Opposition re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 Affidavit ERIN HELIAN, # 2 Affidavit DR. J.D.)(Mac Naughton, William) (Entered: 06/20/2023)

1 Affidavit ERIN HELIAN

View on RECAP

2 Affidavit DR. J.D.

View on RECAP

RESPONSE in Opposition re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint Mac Naughton Declaration w/Exs, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 Exhibit A-Rokita Brief in ID Supreme Court, # 2 Exhibit B-Rokita Brief in IN Ct Appl, # 3 Exhibit C-Prelimin Inj Order in Anonymous Plaintiff #1 et al v. The Individual Members of The Medical Licensing Board of Indiana, # 4 Exhibit D-Rokita Letter to Walgreens, # 5 Exhibit E-DOJ Opinion re Comstock Act, # 6 Exhibit F- Order in Dr. Caitlin Bernard et al v. Todd Rokita)(Mac Naughton, William) (Entered: 06/20/2023)

1 Exhibit A-Rokita Brief in ID Supreme Court

View on RECAP

2 Exhibit B-Rokita Brief in IN Ct Appl

View on RECAP

3 Exhibit C-Prelimin Inj Order in Anonymous Plaintiff #1 et al v. The Individ

View on RECAP

4 Exhibit D-Rokita Letter to Walgreens

View on RECAP

5 Exhibit E-DOJ Opinion re Comstock Act

View on RECAP

6 Exhibit F- Order in Dr. Caitlin Bernard et al v. Todd Rokita

View on RECAP

SEALED Declaration of Dr. J.D., re 44 Response in Opposition to Motion, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Mac Naughton, William) (Entered: 06/20/2023)

MOTION to Maintain Document Under Seal 46 SEALED Document (Case Participants - doc), filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 LR 5.11(d) Statement, # 2 Text of Proposed Order)(Mac Naughton, William) (Entered: 06/20/2023)

1 LR 5.11(d) Statement

View on RECAP

2 Text of Proposed Order

View on RECAP

ORDER denying 47 MOTION to Maintain Document Under Seal - The denial is WITHOUT PREJUDICE for Plaintiff to resubmit a motion to seal that complies fully with S.D. Ind. L.R. 5-11 within 7 days of this Order. In the meantime, the Clerk is DIRECTED to maintain 46 under Seal until further order of this Court. Signed by Magistrate Judge Mario Garcia on 6/27/2023. (JRB) (Entered: 06/27/2023)

Second MOTION to Maintain Document Under Seal 46 SEALED Document (Case Participants - doc), filed by Plaintiff THE SATANIC TEMPLE, INC.. (Attachments: # 1 LR 5-11(d) Statement, # 2 Mac Naughton Declaration, # 3 Memorandum of Law, # 4 Redacted Declaration of Dr. J.D., # 5 Text of Proposed Order)(Mac Naughton, William) (Entered: 06/29/2023)

1 LR 5-11(d) Statement

View on RECAP

2 Mac Naughton Declaration

View on RECAP

3 Memorandum of Law

View on RECAP

4 Redacted Declaration of Dr. J.D.

View on RECAP

5 Text of Proposed Order

View on RECAP

Appendix of Exhibits in Support of Reply in Support of Motion re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Attachments: # 1 Exhibit A - Plaintiffs Response to Defendants First Set of Requests for Admission, # 2 Exhibit B - Plaintiffs Non-Confidential Response to Defendants First Set of Interrogatories to Plaintiff)(Ridlen, Aaron) (Entered: 07/05/2023)

1 Exhibit A - Plaintiffs Response to Defendants First Set of Requests for Admissio

View on RECAP

2 Exhibit B - Plaintiffs Non-Confidential Response to Defendants First Set of Inte

View on RECAP

REPLY in Support of Motion re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 07/05/2023)

ORDER granting 49 Second MOTION to Maintain Document Under Seal 46 SEALED Document. (SEE ORDER.) Signed by Magistrate Judge Mario Garcia on 7/11/2023. (TPS) Modified on 7/13/2023 - Updated dkt text (JSR). (Entered: 07/12/2023)

ORDER - The Court ORDERS additional briefing from the parties as follows: Defendants shall have until August 8, 2023 to address the Supreme Court's recent standing guidance. Defendants' brief is limited to no more than 10 pages. No issues outside the scope of this Order may be raised, and any extraneous material may be struck. The Satanic Temple shall have until August 22, 2023 and no more than 10pages to respond. Defendants shall have until August 29, 2023 and no more than 5 pages to reply. Defendants' Motion to Dismiss, 36, REMAINS PENDING. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 7/26/2023.(JRB) (Entered: 07/26/2023)

Witness List Preliminary, filed by Defendants RYAN MEARS, TODD ROKITA, Exhibit List Preliminary, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 08/04/2023)

Witness and Exhibit List (Preliminary), filed by Plaintiff THE SATANIC TEMPLE, INC.. (Mac Naughton, William) Modified on 8/9/2023 - Updated dkt text (JSR). (Entered: 08/08/2023)

BRIEF/MEMORANDUM in Support re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 08/08/2023)

RESPONSE in Opposition re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Mac Naughton, William) (Entered: 08/21/2023)

MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 8/24/2023. This matter is scheduled for a telephonic status conference on Wednesday, November 29, 2023 at 11:30 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD) (Entered: 08/29/2023)

REPLY in Support of Motion re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint Supplemental Briefing Reply Brief, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 08/29/2023)

***STRICKEN PER ORDER 66 *** RESPONSE in Opposition re 36 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Mac Naughton, William) Modified on 10/25/2023 (JSR). (Entered: 08/31/2023)

MOTION for Leave to File Response, filed by Defendants RYAN MEARS, TODD ROKITA. (Ridlen, Aaron) (Entered: 09/06/2023)

MOTION to Withdraw Attorney Appearance of Thomas M. Fisher, filed by Defendants RYAN MEARS, TODD ROKITA. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(Fisher, Thomas) (Entered: 09/08/2023)

1 Text of Proposed Order Granting Motion to Withdraw

View on RECAP

ORDER granting 63 Motion to Withdraw Attorney Appearance. Attorney Thomas M. Fisher withdrawn. Signed by Magistrate Judge Mario Garcia on 9/11/2023. (SWM) (Entered: 09/11/2023)

NOTICE of Substitution of Appearance by Blake Thomas Erickson replacing Christopher M. Anderson on behalf of All Defendants (Attachments: # 1 Text of Proposed Order) (Erickson, Blake) (Entered: 09/29/2023)

ORDER - Based on the foregoing, the Court: GRANTS Defendants' Motion to Dismiss the First Amended Complaint, 36 ; DISMISSES the Satanic Temple's First Amended Complaint for lack of jurisdiction without leave to amend, 21 ; STRIKES the S atanic Temple's letter, 61 ; and DENIES Defendants' Motion for Leave to Respond to the Satanic Temple's letter as moot, 62 . Final judgment will enter accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 10/25/2023. (JSR)

FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - Pursuant to the Order granting Defendants' Motion to Dismiss the First Amended Complaint on October 25, 2023, the Court now enters FINAL JUDGMENT in favor of Defendants and against Plaintiff such that Plaintiff's claims against Defendants are DISMISSED for lack of jurisdiction without leave to amend, and Plaintiff shall take nothing by way of its First Amended Complaint. Signed by Judge Jane Magnus-Stinson on 10/25/2023. (JSR) (Entered: 10/25/2023)

NOTICE OF APPEAL as to 66 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion for Leave to File, 67 Closed Judgment, filed by Plaintiff THE SATANIC TEMPLE, INC.. (Filing fee $505, receipt number AINSDC-7913304) (Mac Naughton, William) (Entered: 11/22/2023)

DOCKETING STATEMENT by THE SATANIC TEMPLE, INC. re 68 Notice of Appeal (Mac Naughton, William) (Entered: 11/22/2023)

PARTIES' SHORT RECORD re 68 Notice of Appeal - Instructions for Attorneys/Parties attached. (KAA) (Entered: 11/22/2023)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 68 Notice of Appeal. - for Court of Appeals Use Only. (KAA) (Entered: 11/22/2023)

USCA Case Number 23-3247 for 68 Notice of Appeal filed by THE SATANIC TEMPLE, INC.. (KAA) (Entered: 11/27/2023)

MOTION to Withdraw Attorney Appearance Melinda R. Holmes, filed by Defendants RYAN MEARS, TODD ROKITA. (Attachments: # 1 Text of Proposed Order)(Holmes, Melinda) (Entered: 03/25/2024)

1 Text of Proposed Order

View on PACER

ORDER granting 73 Motion to Withdraw Attorney Appearance. Attorney Melinda Rebecca Holmes withdrawn. Signed by Magistrate Judge Mario Garcia on 3/27/2024. (SWM) (Entered: 03/28/2024)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Rebekah Durham hereby notifies the Clerk of the court of changed contact information. (Durham, Rebekah) (Entered: 11/26/2024)

MOTION to Withdraw Attorney Appearance, filed by Defendants ERIC HOLCOMB, TODD ROKITA, RYAN MEARS. (Attachments: # 1 Text of Proposed Order)(Bennett, Rebekah) (Entered: 01/02/2025)

ORDER granting 76 Motion to Withdraw Attorney Appearance. Attorney Rebekah Bennett withdrawn. SEE ORDER. Signed by Magistrate Judge Mario Garcia on 1/3/2025. (JRB) (Entered: 01/03/2025)

MOTION to Withdraw Attorney Appearance of Blake T. Erickson, filed by Defendants TODD ROKITA, RYAN MEARS. (Attachments: # 1 Text of Proposed Order)(Ridlen, Aaron) (Entered: 01/06/2025)

ORDER granting 78 Motion to Withdraw Attorney Appearance. Attorney Blake Thomas Erickson withdrawn. Signed by Magistrate Judge Mario Garcia on 1/7/2025. (LBT) (Entered: 01/07/2025)

USCA Mandate