Case: University of Cincinnati Chapter of Young Americans for Liberty v. Williams

1:12-cv-00155 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 22, 2012

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 22, 2012, a college student group (University of Cincinnati Chapter of Young Americans for Liberty, UC YAL) filed a lawsuit against University of Cincinnati in the U.S. District Court for the Southern District of Ohio, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Earlier that month, UC YAL initiated on-campus signature gathering in order to put a certain amendment on the ballot. The process was delayed due to the University's policies, which subjected on-campus speech to a prior not…

On February 22, 2012, a college student group (University of Cincinnati Chapter of Young Americans for Liberty, UC YAL) filed a lawsuit against University of Cincinnati in the U.S. District Court for the Southern District of Ohio, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Earlier that month, UC YAL initiated on-campus signature gathering in order to put a certain amendment on the ballot. The process was delayed due to the University's policies, which subjected on-campus speech to a prior notice and permit scheme, and designated limited space for expressive activities. UC YAL, represented by public interest attorneys, sought declaratory, injunctive and monetary relief. It claimed that the University's speech policies violated its First Amendment rights. UC YAL further claimed that the University's policies were unconstitutionally vague and subject to arbitrary enforcement.

On June 12, 2012, the District Court (Judge Timothy S. Black) granted in part UC YAL's motion for a preliminary injunction, prohibiting the University from enforcing certain notice and location requirements of its free speech policies as applied to students, while denying the University's motion for summary judgment. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 2160969 (S.D. Ohio June 12, 2012). On the same day, UC YAL filed its second amended complaint. The University revised relevant part of its policies subsequently.

On August 22, 2012, Judge Black granted a University's employee's motion to dismiss the claims against her in her individual capacity, for UC YAL failed to bring a plausible claim for relief. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 3637315 (S.D. Ohio Aug. 22, 2012). On the same day, Judge Black granted UC YAL's unopposed motion to convert the preliminary injunction into a permanent one. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 3636932 (S.D. Ohio Aug. 22, 2012). The Court also found the revised policies were in accordance with the preliminary injunction order.

On October 1, 2012, the parties settled the rest of the lawsuit and filed a joint stipulation to dismiss the case, with the Court retaining jurisdiction over the case for the purpose of enforcing the settlement. The terms of this settlement do not appear to have been made public. This ended the suit.

Summary Authors

Emma Bao (7/2/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4581177/parties/university-of-cincinnati-chapter-of-young-americans-for-liberty-v/


Attorney for Plaintiff

Hartman, Curt Carl (Ohio)

Attorney for Defendant

DeWine, Michael (Ohio)

Gehring, Robert Joseph (Ohio)

Hurley, Brian E (Ohio)

Marti, Todd Robert (Ohio)

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Documents in the Clearinghouse

Document

1:12-cv-00155

Docket [PACER]

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

Oct. 1, 2012

Oct. 1, 2012

Docket
1

1:12-cv-00155

Verified Complaint

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

Feb. 21, 2012

Feb. 21, 2012

Complaint
15

1:12-cv-00155

First Amended Verified Complaint

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

March 21, 2012

March 21, 2012

Complaint
17

1:12-cv-00155

Order [Denying Motion to Dismiss]

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

March 22, 2012

March 22, 2012

Order/Opinion
66

1:12-cv-00155

Second Amended Verified Complaint

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

June 12, 2012

June 12, 2012

Complaint
65

1:12-cv-00155

Order Granting In Part Plaintiff's Motion for a Preliminary Injunction, Enjoining Enforcement of Certain Notice and Location Requirements of the University of Cincinnati's Free Speech Policies as Applied to Students

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

June 12, 2012

June 12, 2012

Order/Opinion

2012 WL 2012

67

1:12-cv-00155

Order Denying as Moot Defendant Brittany Sisko's Motion to Dismiss and Plaintiffs' Motion for Partial Summary Judgment

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

June 12, 2012

June 12, 2012

Order/Opinion
87

1:12-cv-00155

Order Granting Plaintiffs' Motion to Convert the Preliminary Injunction into a Permanent Injunction (Doc. 71)

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

Aug. 22, 2012

Aug. 22, 2012

Order/Opinion

2012 WL 2012

88

1:12-cv-00155

Final Judgment of Permanent Injunction

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

Aug. 22, 2012

Aug. 22, 2012

Order/Opinion
86

1:12-cv-00155

Order Granting Defendant Brittany Sisko's Motion to Dismiss for Failure to State a Claim (Doc. 77)

University of Cincinnati Chapter of Young Americans for Liberty v. University of Cincinnati

Aug. 22, 2012

Aug. 22, 2012

Order/Opinion

2012 WL 2012

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4581177/university-of-cincinnati-chapter-of-young-americans-for-liberty-v/

Last updated Jan. 27, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-3541069), filed by University of Cincinnati Chapter of Young Americans for Liberty, Christopher Morbitzer. (Attachments: # 1 Exhibit A - Use of Facilities Policy, Univ of Cinti, # 2 Exhibit B - Map of West Campus, Univ of Cinti, Free Speech Area designated in green, # 3 Exhibit C - Letter from FIRE to Univ of Cinti, dtd 8 Dec 08, # 4 Exhibit D - Letter from Univ of Cinti to FIRE, dtd 22 Dec 08, # 5 Exhibit E - Picture of McMicken Commons, Free Speech Area designated in red, # 6 Exhibit F - Email from Christ Morbitzer to Campus Scheduling, dtd 9 Feb 12, # 7 Exhibit G - Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 8:05 am, # 8 Exhibit H - Event Request Form, Univ of Cinti, # 9 Exhibit I - Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 1:53 pm, # 10 Civil Cover Sheet) (Hartman, Curt) (Entered: 02/22/2012)

1 Exhibit A - Use of Facilities Policy, Univ of Cinti

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2 Exhibit B - Map of West Campus, Univ of Cinti, Free Speech Area designated in gr

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3 Exhibit C - Letter from FIRE to Univ of Cinti, dtd 8 Dec 08

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4 Exhibit D - Letter from Univ of Cinti to FIRE, dtd 22 Dec 08

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5 Exhibit E - Picture of McMicken Commons, Free Speech Area designated in red

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6 Exhibit F - Email from Christ Morbitzer to Campus Scheduling, dtd 9 Feb 12

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7 Exhibit G - Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 8:0

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8 Exhibit H - Event Request Form, Univ of Cinti

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9 Exhibit I - Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 1:5

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10 Civil Cover Sheet

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Feb. 22, 2012

Feb. 22, 2012

PACER
2

NOTICE of Appearance by Ryan Daniel Walters for Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Walters, Ryan) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
3

ORDER REASSIGNING CASE. Case reassigned to the Clerk's Office for reassignment. Chief Judge Susan J. Dlott reassignment for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 2/22/12. (ba1) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
4

ORDER: The above-captioned matter is hereby TRANSFERRED from the docket of The Honorable Susan J. Dlott to the docket of The Honorable Timothy S. Black. Signed by Chief Judge Susan J. Dlott on 2/22/12. (mtw) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

RECAP
6

NOTICE of Appearance by Ryan Daniel Walters for Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Walters, Ryan) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
7

Summons Issued as to Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams. (lk) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
8

NOTICE of Appearance by Brian E Hurley for Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams (Hurley, Brian) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
9

NOTICE of Appearance by Robert J. Gehring for Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams (Hurley, Brian) Modified text to correct the counsel's name on the Appearance of Counsel form on 3/13/2012 (mr1). (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
10

MOTION to Dismiss for Lack of Jurisdiction by Defendant University of Cincinnati. Responses due by 4/6/2012 (Hurley, Brian) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
11

NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty of Joint Proposed Schedule (Hurley, Brian) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
12

CALENDAR ORDER. Deadline for Plaintiffs to file memo contra Defendants' Motion to Dismiss (Doc. 10 ): 3/20/12. Deadline for Defendants' reply memo re motion to dismiss: 3/27/12. Discovery Cut-Off: 4/14/12. Dispositive Motions Deadline: 4/27/12. Memoranda in opposition to dispositive motions: 5/17/12. Replies to memoranda in opposition: 5/23/12. Final Hearing on the merits: 5/30/12 at 10:30 a.m. in Cincinnati Courtroom #3, Room 836. Signed by Judge Timothy S. Black on 3/13/12. (mr1) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
13

RESPONSE in Opposition re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
14

ANSWER to Complaint filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Gregory H Williams. (Hurley, Brian) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
15

AMENDED COMPLAINT against All Defendants, filed by University of Cincinnati Chapter of Young Americans for Liberty, Christopher Morbitzer. (Attachments: # 1 Exhibit UC Use of Facilities Policy Manual, # 2 Exhibit Map of West Campus, # 3 Exhibit Letter from FIRE to UC, # 4 Exhibit Letter from UC to FIRE, # 5 Exhibit Picture Free Speech Area McMicken Commons, # 6 Exhibit Email 9 Feb 2012, # 7 Exhibit Email 10 Feb 2012, # 8 Exhibit Event Request Form, # 9 Exhibit Email 10 Feb 2012) (Walters, Ryan) (Entered: 03/21/2012)

1 Exhibit UC Use of Facilities Policy Manual

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2 Exhibit Map of West Campus

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3 Exhibit Letter from FIRE to UC

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4 Exhibit Letter from UC to FIRE

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5 Exhibit Picture Free Speech Area McMicken Commons

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6 Exhibit Email 9 Feb 2012

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7 Exhibit Email 10 Feb 2012

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8 Exhibit Event Request Form

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9 Exhibit Email 10 Feb 2012

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March 21, 2012

March 21, 2012

PACER
16

NOTICE by Defendant University of Cincinnati re 10 MOTION to Dismiss for Lack of Jurisdiction IS MOOT (Hurley, Brian) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
17

ORDER - Defendant's Motion to Dismiss (Doc. 10 ) is DENIED as moot. Signed by Judge Timothy S. Black on 3/22/12. (mr1) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

RECAP
18

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, Certificate of Service (Walters, Ryan) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
19

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, Verification by Christopher Morbitzer (Walters, Ryan) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
20

ANSWER to 15 Amended Complaint,, filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
21

NOTICE of Appearance by Brian E Hurley for Defendant Brittany Sisko (Hurley, Brian) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
22

NOTICE of Appearance by Robert Gehring for Defendant Brittany Sisko (Hurley, Brian) Modified entry to correct name of attorney on NOA on 3/28/2012 (mr1). (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
23

[FORMER DOC. 23] NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams re 12 Order, Set Hearings,,,, of Motion to Modify March 13, 2012 Calendar Order and Request for Scheduling Conference (Hurley, Brian) Modified to remove PDF on 3/28/2012 (lk). (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
24

MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
25

NOTICE of Appearance by Brian E Hurley for Defendant Brittany Sisko (Hurley, Brian) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
26

NOTICE by Defendant Brittany Sisko re 21 Notice of Appearance with Certificate of Service attached (Hurley, Brian) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
27

NOTICE by Defendant Brittany Sisko re 22 Notice of Appearance and Certificate of Service attached (Gehring, Robert) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
28

RESPONSE in Opposition re 24 MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Exhibit Plaintiff Chris Morbitzers First Set of Interrogatories to Defendants) (Walters, Ryan) (Entered: 03/30/2012)

1 Exhibit Plaintiff Chris Morbitzers First Set of Interrogatories to Defendants

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March 30, 2012

March 30, 2012

PACER
29

REPLY to Response to Motion re 24 MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference filed by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams. (Hurley, Brian) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
30

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, REQUEST FOR ISSUANCE OF SUMMONS (Walters, Ryan) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
31

Summons Issued as to Brittany Sisko. (lk) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
35

Certificate of Mailing by Clerk re 15 Amended Complaint and 31 Summons Issued as to Brittany Sisko. (mtw) Modified to clarify docket text on 4/11/2012 (mtw). (Entered: 04/11/2012)

April 6, 2012

April 6, 2012

PACER
32

ORDER TO SHOW CAUSE by Judge Timothy S. Black. Plaintiffs are therefore ordered to SHOW CAUSE in writing by 5:00 pm on April 12, 2012 that they have complied with this Court's Order of April 2, 2012. Signed by Judge Timothy S. Black on 4/10/12. (lk) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
33

[FORMER DOCUMENT 33] AFFIDAVIT of Service for Summons and First Amended Verified Complaint served on Brittany Sisko on 04/06/2012, filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) Modified to remove pdf on 4/11/2012 (mtw). (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
34

[FORMER DOCUMENT 34] NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 33 Affidavit of Service Certificate of Service (Walters, Ryan) Modified to remove pdf on 4/11/2012 (mtw). (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
36

SUMMONS Returned Executed as to Defendant Brittany Sisko. Brittany Sisko served on 4/6/2012, answer due 4/27/2012. (Walters, Ryan) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
38

*** FORMER DN 38 *** NOTICE of Appearance by Lee Ann Rabe for Defendant Brittany Sisko (Rabe, Lee Ann) Modified to edit text and remove PDF on 5/2/2012 (mr1). (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
39

NOTICE of Appearance by Mia Meucci Yaniko for Defendant Brittany Sisko (Yaniko, Mia) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
40

NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams OF FILING THE DEPOSITION TRANSCRIPT OF CHRISTOPHER B. MORBITZER (Hurley, Brian) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
41

DEPOSITION of Christopher B. Morbitzer taken on April 3, 2012 by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Hurley, Brian) (Entered: 04/27/2012)

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April 27, 2012

April 27, 2012

PACER
42

RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Hurley, Brian) Modified to edit the text for clarity on 5/1/2012 (mr1). (Entered: 04/27/2012)

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April 27, 2012

April 27, 2012

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43

MOTION for Partial Summary Judgment by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. Responses due by 5/21/2012 (Attachments: # 1 Exhibit Ex. A: Defendants' Answers to Morbitzer's Interrogatories, # 2 Exhibit Ex. B: Defendants' Responses to YAL's Requests for Admission, # 3 Exhibit Ex. C: MainStreet Student Event Guide, # 4 Exhibit Ex. D: Declaration of Christopher Morbitzer, # 5 Exhibit Ex. E: Defendants' Answers to YAL's Interrogatories) (Walters, Ryan) (Entered: 04/27/2012)

1 Exhibit Ex. A: Defendants' Answers to Morbitzer's Interrogatories

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2 Exhibit Ex. B: Defendants' Responses to YAL's Requests for Admission

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3 Exhibit Ex. C: MainStreet Student Event Guide

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4 Exhibit Ex. D: Declaration of Christopher Morbitzer

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5 Exhibit Ex. E: Defendants' Answers to YAL's Interrogatories

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April 27, 2012

April 27, 2012

PACER
44

MOTION for Summary Judgment by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. Responses due by 5/24/2012 (Attachments: # 1 Exhibit) (Hurley, Brian) (Entered: 04/30/2012)

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April 30, 2012

April 30, 2012

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45

MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Partial Summary Judgment New date requested 5/1/2012. Or in the Alternative to Strike Plaintiffs' Motion for Partial Summary Judgment by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
46

NOTICE OF FILING OF PROPOSED UNDISPUTED FACTS AS "EXHIBIT F" re 43 MOTION for Partial Summary Judgment by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Attachments: # 1 Exhibit F: Statement of Proposed Undisputed Facts) (Walters, Ryan) Modified to edit text for clarity on 5/2/2012 (mr1). (Entered: 05/01/2012)

1 Exhibit F: Statement of Proposed Undisputed Facts

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May 1, 2012

May 1, 2012

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47

MOTION for Leave to File Second Amended Complaint by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Exhibit Second Amended Verified Complaint) (Walters, Ryan) (Entered: 05/07/2012)

1 Exhibit Second Amended Verified Complaint

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May 7, 2012

May 7, 2012

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48

MOTION for Extension of Time New date requested 5/14/2012. TO RESPOND TO THE PLAINTIFFS' MOTION TO FILE SECOND AMENDED COMPLAINT by Defendant University of Cincinnati. (Gehring, Robert) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
49

RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

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50

MOTION to Vacate March 13, 2012 Calendar Order by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

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51

RESPONSE in Opposition re 47 MOTION for Leave to File Second Amended Complaint filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
52

RESPONSE in Opposition re 50 MOTION to Vacate March 13, 2012 Calendar Order filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

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53

REPLY to Response to Motion re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

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54

RESPONSE in Opposition re 43 MOTION for Partial Summary Judgment of Plaintiffs filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Exhibit) (Hurley, Brian) (Entered: 05/17/2012)

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May 17, 2012

May 17, 2012

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55

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 47 MOTION for Leave to File Second Amended Complaint Verification by Christopher Morbitzer (Walters, Ryan) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
56

RESPONSE in Opposition re 44 MOTION for Summary Judgment filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
57

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 56 Response in Opposition to Motion Responses to Defendants' Proposed Undisputed Facts (Attachments: # 1 Certificate of Service) (Walters, Ryan) (Entered: 05/18/2012)

1 Certificate of Service

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May 18, 2012

May 18, 2012

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ORDER - Defendant Brittany Sisko's Motion to Vacate (Doc. 50 ) is GRANTED in PART. The Calendar Order (Doc. 12 ) is VACATED. The Court hereby sets ORAL ARGUMENT (only) on all pending motions on 5/30/12 at 10:30 a.m. in Cincinnati Courtroom #3. Signed by Judge Timothy S. Black on 5/18/12. (mr1) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

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59

NOTICE by Defendant University of Cincinnati re 54 Response in Opposition to Motion, Notice of Filing of Supplemental Affidavit of Mary Beth McGrew in Opposition to Plaintiffs Motion for Partial Summary Judgment (Attachments: # 1 Affidavit Affidavit of Mary Beth McGrew (Exhibit 1 Attached)) (Gehring, Robert) (Entered: 05/22/2012)

1 Affidavit Affidavit of Mary Beth McGrew (Exhibit 1 Attached)

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May 22, 2012

May 22, 2012

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60

REPLY to Response to Motion re 44 MOTION for Summary Judgment and in support of Motion for Summary Judgment filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit) (Hurley, Brian) (Entered: 05/23/2012)

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May 23, 2012

May 23, 2012

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61

REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

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62

MOTION for Leave to File TO USE AND INTRODUCE ATTACHED EXHIBIT AT HEARING by Defendant University of Cincinnati. (Attachments: # 1 Affidavit Affidavit of Jeffrey Weimer (Exhibit 1 Attached)) (Gehring, Robert) (Entered: 05/25/2012)

1 Affidavit Affidavit of Jeffrey Weimer (Exhibit 1 Attached)

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May 25, 2012

May 25, 2012

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63

MOTION for Leave to File And Introduce At Hearing Attached Exhibits by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Hurley, Brian) (Entered: 05/29/2012)

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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May 29, 2012

May 29, 2012

PACER
64

NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 56 Response in Opposition to Motion, 61 Reply to Response to Motion, 43 MOTION for Partial Summary Judgment Notice of Filing of Supplemental Declaration of Paul Johnson (Attachments: # 1 Affidavit Declaration of Paul Johnson, # 2 Exhibit May 3 email) (Walters, Ryan) (Entered: 05/29/2012)

1 Affidavit Declaration of Paul Johnson

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2 Exhibit May 3 email

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May 29, 2012

May 29, 2012

PACER
65

ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION,ENJOINING ENFORCEMENT OF CERTAIN NOTICE AND LOCATION REQUIREMENTS OF THE UNIVERSITY OF CINCINNATI'S FREE SPEECH POLICIES AS APPLIED TO STUDENTS. Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
66

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE THE SECOND AMENDED COMPLAINT (DOC. 47 ). Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
67

ORDER DENYING AS MOOT DEFENDANT BRITTANY SISKO'S MOTION TO DISMISS (DOC. 37 ) ANDPLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 43 ). Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
68

ORDER: All parties shall meet and confer within 10 days of the date of this Order and jointly propose to the Court a new Calendar Order. The parties shall submit their proposed Calendar Order via email to black_chambers@ohsd.uscourts.gov. Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
69

AMENDED COMPLAINT Second Amended Verified Complaint against All Defendants, filed by Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Affidavit Verification of Christopher Morbitzer, # 2 Certificate of Service) (Walters, Ryan) (Entered: 06/12/2012)

1 Affidavit Verification of Christopher Morbitzer

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2 Certificate of Service

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June 12, 2012

June 12, 2012

PACER
70

MOTION for Extension of Time New date requested 7/10/2012. for Responsive Pleading and For Entry of a New Scheduling Order by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
71

MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. Responses due by 7/16/2012 (Walters, Ryan) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
72

RESPONSE in Opposition re 70 MOTION for Extension of Time New date requested 7/10/2012. for Responsive Pleading and For Entry of a New Scheduling Order filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
73

CALENDAR ORDER: Defendant Sisko's Motion for Extension of Time (Doc. 70 ) is GRANTED IN PART and the Court hereby enters the following Calendar Order: Defendants' Answers and responsive pleadings to the Second Amended Complaint: 7/6/2012; Defendants' Response in Opposition to Plaintiffs' Motion for a Permanent Injunction: 7/12/12; Plaintiffs' Reply in support of the Motion for a Permanent Injunction: 7/19/2012; Plaintiffs' Response in opposition to any Motion to Dismiss: 7/20/2012; Reply in support of any Motion to dismiss: 7/27/2012. Signed by Judge Timothy S. Black on 6/25/12. (mr1) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
74

ORDER - The Court concludes that no bond is appropriate in this case. Signed by Judge Timothy S. Black on 6/27/12. (mr1) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

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75

Joint MOTION Mediation and Related Relief by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams. (Hurley, Brian) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
76

ORDER - The Court sua sponte orders Plaintiffs to respond to Defendants' second set of interrogatories no later than July 5, 2012, one week before Defendants; memorandum in opposition is due. Signed by Judge Timothy S. Black on 6/28/12. (mr1) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
77

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
78

NOTICE of Appearance by Todd Robert Marti for Defendants Williams, Shemak, Krumplebeck and Cureton (Marti, Todd) Modified to include all party names on 7/10/2012 (mr1). (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
79

RESPONSE in Opposition re 75 Joint MOTION Mediation and Related Relief filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
80

Defendants' ANSWER to 69 Amended Complaint, filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
81

RESPONSE to Motion re 71 MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
82

REPLY to Response to Motion re 75 Joint MOTION Mediation and Related Relief filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
83

REPLY to Response to Motion re 71 MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
84

RESPONSE in Opposition re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
85

REPLY to Response to Motion re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity filed by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
86

ORDER GRANTING DEFENDANT BRITTANY SISKO'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Doc. 77 ). Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

RECAP
87

ORDER GRANTING PLAINTIFFS' MOTION TO CONVERT THE PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (DOC. 71 ). Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

RECAP
88

FINAL JUDGMENT OF PERMANENT INJUNCTION. Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

RECAP
89

Joint MOTION for Extension of Time to File New date requested 10/5/2012. for Plaintiffs to file any motion for attorney fees and new date request 10/19//2012 for Defendants to file any notice of appeal by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Hartman, Curt) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
90

ORDER granting Joint Motion to Extend Time (Doc. 89 ). Plaintiffs shall file any motion for attorneys' fees on or before October 5, 2012. The Official Capacity Defendants may file any notice of appeal on or before October 19, 2012. Signed by Judge Timothy S. Black on 8/31/2012. (mr1) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
91

STIPULATION of Dismissal With Prejudice by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Hurley, Brian) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2012

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A college student group whose on-campus signature gathering initiatives to put a certain amendment on the ballot was delayed due to restrictions imposed by the university.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Ohio (Cincinnati, Hamilton), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2012 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to public accommodations - governmental

School/University Facilities

School/University policies

Discrimination-area:

Disparate Treatment

Voting:

Voting: General & Misc.

Type of Facility:

Government-run