INDIANA et al v. INTERNAL REVENUE SERVICE et al

Justia Dockets & Filings Seventh Circuit Indiana Southern District INDIANA et al v. INTERNAL REVENUE SERVICE et al

INDIANA et al v. INTERNAL REVENUE SERVICE et al

Plaintiff:	BENTON COMMUNITY SCHOOL CORPORATION, COMMUNITY SCHOOL CORPORATION OF EASTERN HANCOCK COUNTY, STATE OF INDIANA, JOHN GLENN SCHOOL CORPORATION, MADISON CONSOLIDATED SCHOOLS, METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, MONROE-GREGG SCHOOL DISTRICT, MOORESVILLE CONSOLIDATED SCHOOL CORPORATION, NORTH LAWRENCE COMMUNITY SCHOOL, NORTHWESTERN CONSOLIDATED SCHOOL DISTRICT OF SHELBY COUNTY, PERRY CENTRAL COMMUNITY SCHOOLS, SHELBYVILLE CENTRAL SCHOOLS CORPORATION, SOUTH HENRY SCHOOL CORP, SOUTHWEST PARKE COMMUNITY SCHOOL CORPORATION, SOUTHWESTERN JEFFERSON COUNTY CONSOLIDATED SCHOOL CORPORATION and VINCENNES COMMUNITY SCHOOL CORPORATION
Defendant:	INTERNAL REVENUE SERVICE, JACOB LEW, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF TREASURY and DANIEL I WERFEL
Case Number:	1:2013cv01612
Filed:	October 8, 2013
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	William T. Lawrence
Nature of Suit:	Review or Appeal of Agency Decision
Cause of Action:	05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By:	None

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Date Filed	Document Text
February 14, 2018	Filing 96 ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - For the reasons set forth above, the Defendants' motion for summary judgment Dkt. No. 61 is GRANTED as to all Plaintiffs with regard to Count I and GRANTED as to Counts II and III as to the School Dist ricts. In light of this holding, Count IV of the Amended Complaint, which asserts a severability argument that applies only if "the Court rejects Plaintiffs' challenge under Count II but agrees with Plaintiffs on Count III," Dkt. No. 22 219, is MOOT. The Plaintiffs' motions for summary judgment Dkt. Nos. 44 and 46 are DENIED Signed by Judge William T. Lawrence on 2/14/2018.(JDC)
August 12, 2014	Filing 77 ORDER - For the reasons set forth herein, the Defendants' motion to dismiss (Dkt. No. 36 ) is DENIED as to Count I and GRANTED as to Count V. As to the remaining Counts, the motion is GRANTED as to the State of Indiana and DENIED as to the Plaintiff School Districts; however, the Court will consider the arguments raised by the Defendants as to the School Districts in its ruling on the pending motions for summary judgment. The School Districts' motion to join in the State of Ind iana's motion for summary judgment (Dkt. No. 49 ) is GRANTED and the arguments made in the State of Indiana's summary judgment briefs are incorporated by reference into the School Districts' summary judgment briefs. Finally, the Pla intiffs' motion for consolidated oral argument (Dkt. No. 50 ) is DENIED, inasmuch as the Court determined that oral argument was not necessary to resolve the issues addressed herein. However, the Court believes that oral argument on the pend ing motions for summary judgment will be helpful. That argument will be heard on October 9, 2014, at 9:30 a.m., in Room 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties shall con fer and file a notice by August 28, 2014, in which they inform the Court (1) how much time they believe they will need for oral argument; and (2) the order in which they believe the parties should present their arguments. *SEE ORDER*. Signed by Judge William T. Lawrence on 8/12/2014. (JKS)

Date Filed

Document Text

February 14, 2018

Filing 96 ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - For the reasons set forth above, the Defendants' motion for summary judgment Dkt. No. 61 is GRANTED as to all Plaintiffs with regard to Count I and GRANTED as to Counts II and III as to the School Dist ricts. In light of this holding, Count IV of the Amended Complaint, which asserts a severability argument that applies only if "the Court rejects Plaintiffs' challenge under Count II but agrees with Plaintiffs on Count III," Dkt. No. 22 219, is MOOT. The Plaintiffs' motions for summary judgment Dkt. Nos. 44 and 46 are DENIED Signed by Judge William T. Lawrence on 2/14/2018.(JDC)

August 12, 2014

Filing 77 ORDER - For the reasons set forth herein, the Defendants' motion to dismiss (Dkt. No. 36 ) is DENIED as to Count I and GRANTED as to Count V. As to the remaining Counts, the motion is GRANTED as to the State of Indiana and DENIED as to the Plaintiff School Districts; however, the Court will consider the arguments raised by the Defendants as to the School Districts in its ruling on the pending motions for summary judgment. The School Districts' motion to join in the State of Ind iana's motion for summary judgment (Dkt. No. 49 ) is GRANTED and the arguments made in the State of Indiana's summary judgment briefs are incorporated by reference into the School Districts' summary judgment briefs. Finally, the Pla intiffs' motion for consolidated oral argument (Dkt. No. 50 ) is DENIED, inasmuch as the Court determined that oral argument was not necessary to resolve the issues addressed herein. However, the Court believes that oral argument on the pend ing motions for summary judgment will be helpful. That argument will be heard on October 9, 2014, at 9:30 a.m., in Room 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties shall con fer and file a notice by August 28, 2014, in which they inform the Court (1) how much time they believe they will need for oral argument; and (2) the order in which they believe the parties should present their arguments. ***SEE ORDER***. Signed by Judge William T. Lawrence on 8/12/2014. (JKS)

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Search for this case: INDIANA et al v. INTERNAL REVENUE SERVICE et al
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Plaintiff: BENTON COMMUNITY SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: COMMUNITY SCHOOL CORPORATION OF EASTERN HANCOCK COUNTY
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: STATE OF INDIANA
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: JOHN GLENN SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: MADISON CONSOLIDATED SCHOOLS
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: MONROE-GREGG SCHOOL DISTRICT
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: MOORESVILLE CONSOLIDATED SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: NORTH LAWRENCE COMMUNITY SCHOOL
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: NORTHWESTERN CONSOLIDATED SCHOOL DISTRICT OF SHELBY COUNTY
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: PERRY CENTRAL COMMUNITY SCHOOLS
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: SHELBYVILLE CENTRAL SCHOOLS CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: SOUTH HENRY SCHOOL CORP
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: SOUTHWEST PARKE COMMUNITY SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: SOUTHWESTERN JEFFERSON COUNTY CONSOLIDATED SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Plaintiff: VINCENNES COMMUNITY SCHOOL CORPORATION
Represented By:	Winthrop James Hamilton
Represented By:	John Zhi Huang
Represented By:	Andrew M. McNeil
Represented By:	Thomas M. Fisher
Represented By:	Ashley Tatman Harwel
Represented By:	Kenneth Alan Klukowski
Represented By:	Heather Hagan McVeigh
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Defendant: INTERNAL REVENUE SERVICE
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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Defendant: JACOB LEW
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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Defendant: KATHLEEN SEBELIUS
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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Defendant: UNITED STATES DEPARTMENT OF TREASURY
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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Defendant: DANIEL I WERFEL
Represented By:	Joel Lunsford McElvain
Represented By:	Shelese M. Woods
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