Case: Tully v. Okeson

Motion for Indiana Disability Rights, Indiana Statewide Independent Living Council, American Diabetes Association, Disability Rights Education and Defense Fund Inc., and the Disability Rights Legal Center for Leave to File Brief as Amici Curiae

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5973629) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Sniderman, Mark) (Entered: 04/29/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 04/29/2020)

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Groth, William) (Entered: 04/29/2020)

Summons Issued as to ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (REO) (Entered: 04/30/2020)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 04/30/2020)

AMENDED COMPLAINT for Declaratory and Injunctive Relief, against All Defendants, filed by All Plaintiffs.(Sniderman, Mark) (Entered: 05/04/2020)

NOTICE of Service of Amended Complaint, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 6 Amended Complaint. (Sniderman, Mark) (Entered: 05/04/2020)

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 05/06/2020)

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Abshire, Courtney) (Entered: 05/06/2020)

SCHEDULING ORDER: Initial Pretrial Conference set for 6/23/2020 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional details. Signed by Magistrate Judge Doris L. Pryor on 5/11/2020.(SWM) (Entered: 05/13/2020)

RETURN of Service by CMRRR, filed by All Plaintiffs. ZACHARY E. KLUTZ served on 5/4/2020; CONNIE LAWSON served on 5/4/2020; S. ANTHONY LONG served on 5/4/2020; PAUL OKESON served on 5/4/2020; SUZANNAH WILSON OVERHOLT served on 5/4/2020. (Groth, William) (Entered: 05/13/2020)

NOTICE of Parties' First Extension of Time, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 05/17/2020)

MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Declaration of Barbara Tully, # 2 Exhibit Declaration of David Carter, # 3 Exhibit Declaration of Elizabeth Kmieciak, # 4 Exhibit Declaration of Janice Johnson, # 5 Exhibit Declaration of Marc Black, # 6 Exhibit Declaration of Katharine Black, # 7 Exhibit Declaration of Shelly Brown, # 8 Exhibit Declaration of Chaquitta McCreary, # 9 Exhibit Declaration of Dominic Tumminello, # 10 Exhibit Declaration of Rebecca Gaines, # 11 Exhibit Declaration of Katherine Paolacci, # 12 Exhibit Declaration of David Slivka, # 13 Exhibit Declaration of Jeffrey G. Jones, M.D., M.P.H., # 14 Exhibit Declaration of Gregory Shufeldt, Ph.D.)(Sniderman, Mark) (Entered: 06/08/2020)

1 Exhibit Declaration of Barbara Tully

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2 Exhibit Declaration of David Carter

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3 Exhibit Declaration of Elizabeth Kmieciak

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4 Exhibit Declaration of Janice Johnson

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5 Exhibit Declaration of Marc Black

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6 Exhibit Declaration of Katharine Black

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7 Exhibit Declaration of Shelly Brown

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8 Exhibit Declaration of Chaquitta McCreary

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9 Exhibit Declaration of Dominic Tumminello

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10 Exhibit Declaration of Rebecca Gaines

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11 Exhibit Declaration of Katherine Paolacci

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12 Exhibit Declaration of David Slivka

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13 Exhibit Declaration of Jeffrey G. Jones, M.D., M.P.H.

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14 Exhibit Declaration of Gregory Shufeldt, Ph.D.

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BRIEF/MEMORANDUM in Support re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 06/08/2020)

SCHEDULING ORDER-TELEPHONIC Status Conference set for 6/18/2020 at 3:30 PM (Eastern) before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss a briefing schedule regarding the Motion for Preliminary Injunction 13 . Signed by Magistrate Judge Doris L. Pryor on 6/9/2020.(CBU) (Entered: 06/10/2020)

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Nijjar, Parvinder) (Entered: 06/12/2020)

***WITHDRAWN PER 93 *** MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Declaration of William R. Groth, # 2 Exhibit Declaration of Mark W. Sniderman)(Sniderman, Mark) Modified on 1/19/2021 (MAC). (Entered: 06/16/2020)

1 Exhibit Declaration of William R. Groth

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2 Exhibit Declaration of Mark W. Sniderman

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BRIEF/MEMORANDUM in Support re 17 MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 06/16/2020)

Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO . (Sniderman, Mark) (Entered: 06/16/2020)

ANSWER to 6 Amended Complaint, filed by All Defendants.(Garn, Jefferson) (Entered: 06/18/2020)

PRELIMINARY INJUNCTION SCHEDULING ORDER - The parties appeared by counsel telephonically for a telephonic status conference on June 18, 2020 pursuant to Rule 16 of the Federal Rules of Civil Procedure regarding the Plaintiffs' Motion for Preliminary Injunction, Dkt. [ 13 ]. The Court establishes the following schedule to prepare this matter for a hearing on that motion (see Order for established deadlines and addition details). Signed by Magistrate Judge Doris L. Pryor on 6/22/2020.(SWM) (Entered: 06/23/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on June 23, 2020. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed.This matter is scheduled for a telephonic status conference on June 29, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system.This matter is scheduled for a telephonic settlement conference on July 14, 2020 at 10:00 a.m. (Eastern) before Magistrate Judge Doris L. Pryor. The parties shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/29/2020)

Unopposed MOTION for Extension of Time to File Response to 7/24/2020 re 17 MOTION to Certify Class, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 06/29/2020)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/29/2021. Discovery due by 2/26/2021. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/29/2020.(SWM) (Entered: 06/30/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 29, 2020. The parties discussed the status of and future plans for discovery. The parties also discussed the telephonic Settlement Conference scheduled for July 14, 2020. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/01/2020)

ORDER granting Defendants' 26 Motion for Extension of Time to File Response to 7/24/2020 re 17 MOTION to Certify Class . Signed by Magistrate Judge Doris L. Pryor on 7/1/2020. (SWM) (Entered: 07/01/2020)

MOTION to Excuse Individual Plaintiffs from Personal Attendance at July 14, 2020 Telephonic Settlement Conference, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/07/2020)

1 Text of Proposed Order

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ORDER granting Plaintiffs' 32 Motion to Excuse Individual Plaintiffs from Personal Attendance at July 14, 2020 Telephonic Settlement Conference. The individual Plaintiffs are excused from personal attendance of the July 14, 2020 settlement conference. Barbara Tully shall attend the settlement conference on behalf of all Plaintiffs and shall have full and final settlement authority. Signed by Magistrate Judge Doris L. Pryor on 7/8/2020. (MAC) (Entered: 07/09/2020)

STIPULATION of Dismissal Only, as to Plaintiffs JANICE JOHNSON, SHELLY BROWN, KATHERINE PAOLACCI, filed by All Plaintiffs. (Sniderman, Mark) (Entered: 07/17/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on July 14, 2020. This matter is CONTINUED to July 22, 2020 at 9:00 a.m. (Eastern) by telephone. Counsel shall attend the status conference by calling thedesignated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/20/2020)

MOTION for Protective Order, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit Protective Order)(Garn, Jefferson) (Entered: 07/20/2020)

1 Exhibit Protective Order

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Unopposed MOTION to Vacate Settlement Conference, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 07/21/2020)

1 Text of Proposed Order

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ORDER - This matter comes before the Court on the Unopposed Motion to Vacate Settlement Conference, Dkt. [ 39 ]. The Court, having considered the same and being duly advised, hereby GRANTS said motion. The telephonic settlement conference is CONVERTED to a telephonic status conference on July 22, 2020 at 9:00 a.m. (Eastern). 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 Doris L. Pryor on 7/21/2020.(SWM) (Entered: 07/21/2020)

ORDER Acknowledges Parties' 36 Stipulation of Dismissal. The Clerk is DIRECTED to dismiss ONLY Shelly Brown, Janice Johnson, and Katherine Paolacci from the docket. (Marginal Notation). Signed by Judge James Patrick Hanlon on 7/21/2020. (MAC) (Entered: 07/22/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on July 22, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on October 14, 2020 at 11:30 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 Doris L. Pryor. (CAG) (Entered: 07/23/2020)

STIPULATED PROTECTIVE ORDER 37 So ordered. Signed by Magistrate Judge Doris L. Pryor on 7/22/2020.(SWM) (Entered: 07/23/2020)

MOTION for Attorney(s) Jed W. Glickstein to Appear pro hac vice (Filing fee $100, receipt number 0756-6096438), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Certification for Jed W. Glickstein, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

MOTION for Attorney(s) Gary A. Isaac to Appear pro hac vice (Filing fee $100, receipt number 0756-6096464), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Gary A. Isaac Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

MOTION for Attorney(s) Brett E. Legner to Appear pro hac vice (Filing fee $100, receipt number 0756-6096480), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Brett E. Legner Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

MOTION for Attorney(s) Michael A. Scodro to Appear pro hac vice (Filing fee $100, receipt number 0756-6096501), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Michael A. Scodro Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

MOTION for Attorney(s) Jeffrey M. Strauss to Appear pro hac vice (Filing fee $100, receipt number 0756-6096509), filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Jeffrey M. Strauss Certification, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 07/24/2020)

RESPONSE in Opposition re 17 MOTION to Certify Class, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/24/2020)

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Fisher, Thomas) (Entered: 07/24/2020)

NOTICE of Appearance by Kian J. Hudson on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Hudson, Kian) (Entered: 07/24/2020)

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit 1 Angerman declaration, # 2 Exhibit 2 Hoskins declaration, # 3 Exhibit 3 Williams declaration, # 4 Exhibit 4 Clifton declaration, # 5 Exhibit 5 EO 20-02, # 6 Exhibit 6 EO 20-07, # 7 Exhibit 7 EO 20-08, # 8 Exhibit 8 IEC order 2020-37, # 9 Exhibit 9 Pl. interrogatory responses)(Garn, Jefferson) (Entered: 07/24/2020)

1 Exhibit 1 Angerman declaration

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2 Exhibit 2 Hoskins declaration

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3 Exhibit 3 Williams declaration

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4 Exhibit 4 Clifton declaration

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5 Exhibit 5 EO 20-02

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6 Exhibit 6 EO 20-07

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7 Exhibit 7 EO 20-08

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8 Exhibit 8 IEC order 2020-37

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9 Exhibit 9 Pl. interrogatory responses

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MOTION for Attorney(s) Bridget A. Clarke to Appear pro hac vice for Interested/Amicus Party, Disability Rights Education and Defense Fund, Inc. (Filing fee $100.00, receipt number IP070087). (Attachments: # 1 Text of Proposed Order, # 2 Copy of Receipt, # 3 Envelope)(DWH) (Entered: 07/27/2020)

1 Text of Proposed Order

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2 Copy of Receipt

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3 Envelope

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ORDER granting 45 Motion to Appear pro hac vice. Attorney Jed W. Glickstein for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Jed W. Glickstein via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

ORDER granting 46 Motion to Appear pro hac vice. Attorney Gary A. Isaac for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Gary A. Isaac via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

ORDER granting 47 Motion to Appear pro hac vice. Attorney Brett E. Legner for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO, and INDIANA VOTE BY MAIL, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Brett E. Legner via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/28/2020)

ORDER granting 48 Motion to Appear pro hac vice. Attorney Michael Scodro for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Michael A. Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/29/2020)

ORDER granting 49 Motion to Appear pro hac vice. Attorney Jeffrey M. Strauss for BARBARA TULLY, KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, DOMINIC TUMMINELLO and INDIANA VOTE BY MAIL, INC. added. Signed by Magistrate Judge Doris L. Pryor on 7/28/2020. (SWM) (Entered: 07/29/2020)

REPLY in Support of Motion re 17 MOTION to Certify Class, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 07/31/2020)

Appendix of Exhibits in Support of Reply in Support of Motion re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Exhibit Exhibit 1: Tribune Star Op-Ed, July 28, 2020, # 2 Exhibit Exhibit 2: Journal Gazette Editorial, July 26, 2020, # 3 Exhibit Exhibit 3: Statement of Indiana Advisory Committee to U.S. Commission on Civil Rights, July 23, 2020, # 4 Exhibit Exhibit 4: N.Y. Times Coronavirus Tracker, last updated July 31, 2020 9:01 AM, # 5 Exhibit Exhibit 5: State of Indiana, Executive Order 20-37, July 24, 2020, # 6 Exhibit Exhibit 6: Journal Gazette Article, May 15, 2020, # 7 Exhibit Exhibit 7: Indiana COVID-19 Dashboard, results as of July 29, 2020, 11:59 PM, # 8 Exhibit Exhibit 8: Consolidated CDC guidance and press releases, # 9 Exhibit Exhibit 9: Indianapolis Star Article, July 16, 2020, # 10 Exhibit Exhibit 10: Declaration of Myla Eldridge, July 30, 2020, # 11 Exhibit Exhibit 11: Declaration of Michelle Fajman, July 31, 2020, # 12 Exhibit Exhibit 12: National Vote at Home Institute, Applying for a Mailed-out Ballot: A State-by- State Guide (updated March 2020), # 13 Exhibit Exhibit 13: Indiana 2016 General Election Turnout and Registration)(Sniderman, Mark) (Entered: 07/31/2020)

REPLY in Support of Motion re 13 MOTION for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 07/31/2020)

ORDER - granting 54 Motion to Appear pro hac vice. Attorney Bridget A. Clarke for DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Additionally, the Clerk is instructed to add to the docket Disability Rights Education and Defense Fund, Inc. as an Amicus Party. Signed by Magistrate Judge Doris L. Pryor on 8/6/2020. Copy Mailed. (CKM) (Entered: 08/06/2020)

MOTION for Leave to File Amici Curiae Brief, filed by Amicus DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC. (Attachments: # 1 Exhibit Amici Curiae Brief)(Clarke, Bridget) (Entered: 08/11/2020)

1 Exhibit Amici Curiae Brief

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NOTICE of Supplemental Authority, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex A - Common Cause Rhode Island v Gorbea - 1st Circuit, # 2 Exhibit Ex B - Journal Gazette Article, # 3 Exhibit Ex C - RNC v Common Cause - Sup Ct) (Sniderman, Mark) (Entered: 08/14/2020)

1 Exhibit Ex A - Common Cause Rhode Island v Gorbea - 1st Circuit

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2 Exhibit Ex B - Journal Gazette Article

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3 Exhibit Ex C - RNC v Common Cause - Sup Ct

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NOTICE of Supplemental Filing, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Ex A - Indianapolis Star Article, # 2 Exhibit Ex B - NWI Times Article, # 3 Exhibit Ex C - WTHR Article) (Sniderman, Mark) (Entered: 08/16/2020)

1 Exhibit Ex A - Indianapolis Star Article

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2 Exhibit Ex B - NWI Times Article

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3 Exhibit Ex C - WTHR Article

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MOTION to Consolidate Cases, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/18/2020)

COURT NOTICE: Any response to Defendants' Motion to Consolidate, dkt. 67, must be filed by Friday, August 21, 2020. *** TEXT ONLY ENTRY *** (PKP) Modified on 8/18/2020 (PKP). (Entered: 08/18/2020)

Order

RESPONSE in Opposition re 67 MOTION to Consolidate Cases, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 08/19/2020)

RESPONSE in Opposition re 67 MOTION to Consolidate Cases, filed by Miscellaneous COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Sniderman, Mark) (Entered: 08/19/2020)

ORDER DENYING MOTION TO CONSOLIDATE - Defendants have filed a motion to consolidate Common Cause Indiana et al. v. Election Commission Members et al., No. 1:20-cv-2007-SEB-TAB, with this case. Dkt. 67. They argue that this Court should exercise its discretion to consolidate the cases to "ensure judicial efficiency and avoid potential confusion by separate rulings." The motion to consolidate is DENIED. Dkt. 67 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 8/20/2020. Copies distributed pursuant to distribution list. (DWH) (Entered: 08/20/2020)

ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION - As the Supreme Court has noted, allowing broader voting by mail may be wise policy. See McDonald, 394 U.S. at 811 (noting Illinois' "consistent and laudable state policy of adding, over a 50-year period, groups to the absentee coverage"). Some states have chosen "no-excuse" voting by mail for all. See dkt. 62 at 14. Indiana has decided otherwise. The question here, however, is not whether the policy is wise, but whether it is constitutional. For the reasons explained above, Plaintiffs have not shown a reasonable likelihood of success in showing that the policy is unconstitutional. Plaintiffs' motion for a preliminary injunction is therefore DENIED. Dkt. 13 . Amicus Disability Rights Education and Defense Fund's motion for leave to file amici curiae brief is GRANTED. Dkt. 64 . The motion to certify class remains pending. Dkt. 17. The parties shall file a status update by August 28, 2020 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 8/21/2020. (DWH) (Entered: 08/21/2020)

NOTICE OF APPEAL as to 72 Order on Motion for Leave to FileOrder on Motion for Preliminary Injunction, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Filing fee $505, receipt number 0756-6145085) (Sniderman, Mark) (Entered: 08/24/2020)

PARTIES' SHORT RECORD re 73 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 08/24/2020)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 73 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 08/24/2020)

USCA Case Number 20-2605 for 73 Notice of Appeal filed by DOMINIC TUMMINELLO, MARC BLACK, JANICE JOHNSON, BARBARA TULLY, INDIANA VOTE BY MAIL, INC., DAVID SLIVKA, SHELLY BROWN, REBECCA GAINES, KATHERINE PAOLACCI, DAVID CARTER, KATHARINE BLACK, CHAQUITTA MCCLEARY, ELIZABETH KMIECIAK. (LBT) (Entered: 08/25/2020)

STATUS REPORT, Joint, by All Plaintiffs. (Sniderman, Mark) (Entered: 08/28/2020)

NOTICE of Service of Initial Disclosures, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 08/31/2020)

Witness List Preliminary, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO, Exhibit List Preliminary, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Sniderman, Mark) (Entered: 09/08/2020)

Witness List preliminary, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT, Exhibit List preliminary, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 09/14/2020)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William R. Groth hereby notifies the Clerk of the court of changed contact information. (Groth, William) (Entered: 09/30/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on October 13, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on December 3, 2020 at 1:00 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference 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 Doris L. Pryor. (CAG) (Entered: 10/15/2020)

MANDATE of USCA as to 73 Notice of Appeal filed by DOMINIC TUMMINELLO, MARC BLACK, JANICE JOHNSON, BARBARA TULLY, INDIANA VOTE BY MAIL, INC., DAVID SLIVKA, SHELLY BROWN, REBECCA GAINES, KATHERINE PAOLACCI, DAVID CARTER, KATHARINE BLACK, CHAQUITTA MCCLEARY, ELIZABETH KMIECIAK (USCA #20-2605) - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on 10/6/2020. (LBT) (Entered: 10/28/2020)

Statement of Position, by All Plaintiffs. (Sniderman, Mark) (Entered: 11/18/2020)

Statement of Defendant's Position by ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 11/18/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on December 3, 2020. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on January 12, 2021 at 9:00 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 Doris L. Pryor. (CAG) (Entered: 12/04/2020)

AMENDED SCHEDULING ORDER (TIME ONLY) - This matter is currently set for a telephonic Status Conference on January 12, 2021 at 9:00 a.m. The Court now changes the time to 2:30 p.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Copy to Michael Anthony Scodro via Mail. Signed by Magistrate Judge Doris L. Pryor on 1/6/2021.(SWM) (Entered: 01/06/2021)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on January 12, 2021. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on March 15, 2021 at 3:00 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference 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 Doris L. Pryor. (CAG) (Entered: 01/14/2021)

MOTION to Withdraw re 17 Motion for Class Certification, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Groth, William) Modified on 1/19/2021 - created link (DWH). (Entered: 01/15/2021)

ORDER granting Plaintiffs 92 Motion to Withdraw ; withdrawing 17 Motion to Certify Class. Signed by Judge James Patrick Hanlon on 1/19/2021. (MAC) (Entered: 01/19/2021)

Unopposed MOTION to Stay Proceedings in the District Court, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 03/17/2021)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on March 15, 2021. The parties discussed the status of the case.This matter is scheduled for a telephonic status conference on November 16, 2021 at 11:00 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 Doris L. Pryor. (CAG) (Entered: 03/19/2021)

ORDER granting Plaintiff's Unopposed 95 Motion to Stay. This matter is STAYED until any proceedings in the United States Supreme Court are resolved. The parties shall file a joint status report every 180 days. Signed by Magistrate Judge Doris L. Pryor on 3/19/2021. (MAC) (Entered: 03/22/2021)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William R. Groth hereby notifies the Clerk of the court of changed contact information. (Groth, William) (Entered: 06/25/2021)

STIPULATION of Dismissal as to Counts I and III Only, as to Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT, filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/14/2021)

STATUS REPORT, Joint, by All Plaintiffs. (Sniderman, Mark) (Entered: 09/15/2021)

DISMISSAL (Marginal Notation) - The Court acknowledges the Stipulation of Dismissal of Count I, with prejudice, and Count III, without prejudice, only, dkt. 99 . Signed by Judge James Patrick Hanlon on 9/20/2021.(DWH) (Entered: 09/21/2021)

MOTION to Withdraw Attorney Appearance of Parvinder K. Nijjar, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 09/21/2021)

ORDER granting 102 Motion to Withdraw Attorney Appearance. Attorney Parvinder Kaur Nijjar withdrawn. Copy to Michael Anthony Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 9/22/2021. (SWM) (Entered: 09/22/2021)

Unopposed MOTION to Lift Stay, filed by Plaintiffs KATHARINE BLACK, MARC BLACK, SHELLY BROWN, DAVID CARTER, REBECCA GAINES, INDIANA VOTE BY MAIL, INC., JANICE JOHNSON, ELIZABETH KMIECIAK, CHAQUITTA MCCLEARY, KATHERINE PAOLACCI, DAVID SLIVKA, BARBARA TULLY, DOMINIC TUMMINELLO. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/24/2021)

ORDER granting Plaintiffs' 104 Motion to Lift Stay. The stay in this matter is LIFTED. Signed by Magistrate Judge Doris L. Pryor on 9/28/2021. (SWM) (Entered: 09/28/2021)

AMENDED SCHEDULING ORDER (TIME ONLY) - This matter is currently set for a telephonic Status Conference on November 16, 2021 at 11:00 a.m. The Court now changes the time to 11:15 a.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Copy to Michael Anthony Scodro via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/1/2021.(SWM) (Entered: 11/02/2021)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on November 16, 2021. The parties discussed the status of the case. Discovery is reopened for the limited purpose of exploring issues related to Plaintiffs' standing. The parties intend to file cross-motions for summary judgment on the remaining claim, Count II related to violations of the 26th Amendment. Summary judgment briefing shall proceed as follows: Plaintiffs' motion for summary judgment shall be filed on or before December 10, 2021. Defendants' response to Plaintiffs' motion for summary judgment and cross- motion for summary judgment shall be due on or before January 24, 2022. Plaintiffs' reply in support of their motion for summary judgment and response to Defendants' motion for summary judgment shall be filed on or before February 23, 2022. Defendants' reply in support of their motion for summary judgment shall be due on or before March 16, 2022. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 11/18/2021)

MOTION to Withdraw Attorney Appearance, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Text of Proposed Order)(Hudson, Kian) (Entered: 12/02/2021)

ORDER granting 109 Motion to Withdraw Attorney Appearance. Attorney Kian J. Hudson withdrawn. Signed by Magistrate Judge Doris L. Pryor on 12/6/2021. (SWM) (Entered: 12/06/2021)