Indiana Vote by Mail, Inc., et al v. Paul Okeson, et al
| KATHARINE BLACK, BARBARA TULLY, MARC BLACK, DAVID CARTER and INDIANA VOTE BY MAIL, INC. |
| SUZANNAH WILSON OVERHOLT, ZACHARY E. KLUTZ, in their official capacities as members of the Indiana Election Commission, PAUL OKESON, CONNIE LAWSON, in her official capacity as the Indiana Secretary of State and S. ANTHONY LONG |
| INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC., AMERICAN DIABETES ASSOCIATION, NATIONAL DISABILITY RIGHTS NETWORK, DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INCORPORATED and THE DISABILITY RIGHTS LEGAL CENTER |
| 20-2605 |
| August 24, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Indiana Vote by Mail, Inc. v. Okeson
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Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 INTERNET CITATION NOTE: Material from decision with internet citation. ATTACHED. [49] [20-2605] (BF) [Entered: 10/07/2020 10:17 AM] |
Filing 48
ORDER: Final judgment filed per opinion. With costs: yes. [48] [7113020] [20-2605] (MM) [Entered: 10/06/2020 04:24 PM]
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| Filing 47 Filed opinion of the court by Judge Kanne. AFFIRMED. Kenneth F. Ripple, Circuit Judge, concurring; Michael S. Kanne, Circuit Judge and Michael Y. Scudder, Circuit Judge. [47] [7113015] [20-2605] (MM) [Entered: 10/06/2020 04:18 PM] |
| Filing 46 Filed Appellants Katharine Black, Marc Black, David Carter, Barbara Tully and Indiana Vote by Mail, Inc. Citation of Additional Authority, per Circuit Rule 28(e). [46] [7111931] [20-2605] (Glickstein, Jed) [Entered: 10/01/2020 12:51 PM] |
| Filing 45 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Jeffrey M. Strauss for Appellants Indiana Vote by Mail, Inc., Barbara Tully, Katharine Black, Marc Black and David Carter has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [45] [7111910] [20-2605] (LJ) [Entered: 10/01/2020 12:44 PM] |
| Filing 44 Case argued by Mr. Jed Wolf Glickstein for Appellants Indiana Vote by Mail, Inc., Barbara Tully, Katharine Black, Marc Black and David Carter and Mr. Thomas M. Fisher for Appellees Connie Lawson, S. Anthony Long, Paul Okeson, Suzannah Wilson Overholt and Zachary E. Klutz. [44] [7111593] [20-2605] (DRS) [Entered: 09/30/2020 02:02 PM] |
| Filing 43 Case heard and taken under advisement by panel: Kenneth F. Ripple, Circuit Judge; Michael S. Kanne, Circuit Judge and Michael Y. Scudder, Circuit Judge. [43] [7111592] [20-2605] (DRS) [Entered: 09/30/2020 02:02 PM] |
| Filing 42 Received argument confirmation per argument email form for Attorney Mr. Thomas M. Fisher for Appellees Connie Lawson, S. Anthony Long, Paul Okeson, Suzannah Wilson Overholt and Zachary E. Klutz. [42] [7109561] [20-2605] (CAH) [Entered: 09/22/2020 12:21 PM] |
| Filing 41 Received argument confirmation per argument email form for Attorney Mr. Jed Wolf Glickstein for Appellants Indiana Vote by Mail, Inc., Barbara Tully, Katharine Black, Marc Black and David Carter. [41] [7109559] [20-2605] (CAH) [Entered: 09/22/2020 12:19 PM] |
| Filing 40 Received argument confirmation from Jed W. Glickstein for Appellants Barbara Tully, Katharine Black, Marc Black, David Carter and Indiana Vote by Mail, Inc.. [40] [7109364] [20-2605] (Glickstein, Jed) [Entered: 09/21/2020 04:21 PM] |
| Filing 39 Paper copies of appellant reply brief filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully, dist. [39] [7108816] [20-2605] (LJ) [Entered: 09/18/2020 09:36 AM] |
| Filing 38 Appellant's reply brief filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Paper copies due on 09/23/2020 Electronically Transmitted. [38] [7108444] [20-2605] (DRS) [Entered: 09/17/2020 09:19 AM] |
| Filing 37 Submitted appellant reply brief by Mark W. Sniderman for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. [37] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7108356] [20-2605] (Sniderman, Mark) [Entered: 09/16/2020 04:11 PM] |
| Filing 36 Statement of Jurisdiction filed by Appellees Paul Okeson, S. Anthony Long, Suzannah Wilson Overholt, Zachary E. Klutz and Connie Lawson. Prior or Related proceedings: No. [36] [7107105] [20-2605] (Fisher, Thomas) [Entered: 09/11/2020 02:13 PM] |
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Filing 35
ORDER: A review of the brief of appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt reveals that the appellees have not complied with the requirements of Circuit Rule 28(b). That rule requires an appellee to include a jurisdictional statement that states whether or not the jurisdictional summary in an appellants brief is complete and correct. If it is not, the appellee must provide a complete jurisdictional summary. See Baez-Sanchez v. Sessions, 862 F.3d 638, 641 (7th Cir. 2017). The appellees brief does not contain a jurisdictional statement. Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt shall file a paper captioned Jurisdictional Statement on or before September 14, 2020, that complies with Circuit Rule 28. The Clerk shall DISTRIBUTE copies of this order and appellees Jurisdictional Statement to the assigned merits panel. SCR [35] [7106796] [20-2605] (CG) [Entered: 09/10/2020 02:42 PM]
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| Filing 34 Paper copies of appellee brief filed by Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. DIST. [34] [7106701] [20-2605] (SK) [Entered: 09/10/2020 10:42 AM] |
| Filing 33 Appellee's brief filed by Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. Paper copies due on 09/09/2020 Electronically Transmitted. [33] [7106502] [20-2605] (CAH) [Entered: 09/09/2020 02:35 PM] |
| Filing 32 Submitted appellee brief by Thomas M. Fisher for Appellees Paul Okeson, S. Anthony Long, Suzannah Wilson Overholt, Zachary E. Klutz and Connie Lawson. [32] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7106496] [20-2605] (Fisher, Thomas) [Entered: 09/09/2020 02:25 PM] |
| Filing 30 Received argument confirmation from Thomas M. Fisher for Appellees Paul Okeson, S. Anthony Long, Suzannah Wilson Overholt, Zachary E. Klutz and Connie Lawson. [30] [7105666] [20-2605] (Fisher, Thomas) [Entered: 09/04/2020 09:10 AM] |
| Filing 31 Paper copies of amicus brief filed by Amici Curiae American Diabetes Association, Disability Rights Education and Defense Fund, Inc., Disability Rights Education and Defense Fund, Incorporated, Indiana Statewide Independent Living Council, National Disability Rights Network and The Disability Rights Legal Center.DIST. [31] [7105678] [20-2605] (CO) [Entered: 09/04/2020 09:41 AM] |
| Filing 29 Amicus brief filed by Amici Curiae American Diabetes Association, Disability Rights Education and Defense Fund, Inc., Disability Rights Education and Defense Fund, Incorporated, Indiana Statewide Independent Living Council, National Disability Rights Network and The Disability Rights Legal Center, per order. Paper copies due on 09/04/2020. Electronically Transmitted. [29] [7105654] [20-2605] (MAN) [Entered: 09/04/2020 08:31 AM] |
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Filing 28
ORDER re: Motion of Indiana Disability rights, Indiana Statewide Independent Living Council, American Diabetes Association, Nation Disability Rights Network, Disability Rights Education and Defense Fund, INc., and the Disability Rights Legal Center for leave to file brief as amici curiae in support of neither party but in support of reversal, filed on 9/1/20. The motion for leave to appear as amici curiae is GRANTED. The clerk of this court shall file INSTANTER the tendered copies of the amici curiae brief. [ # 24 ]. MWR [28] [7105560] [20-2605] (FP) [Entered: 09/03/2020 02:48 PM]
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Filing 27
ORDER: This courts previous order of this date (September 3, 2020) relating to the time allowed for oral argument is corrected to reflect that counsel in this appeal shall present oral argument telephonically or by video communications as previously communicated. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. [27] [7105487] [20-2605] (CG) [Entered: 09/03/2020 12:23 PM]
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| Filing 26 Argument reset for Wednesday, September 30, 2020 at 2 p.m. in the Main Courtroom, Room 2721. Each side limited to 20 minutes. [26] [7105382] [20-2605] (SK) [Entered: 09/03/2020 09:12 AM] |
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Filing 25
ORDER: Because this appeal has been scheduled for oral argument on 09/30/2020, both the electronic filings and the paper copies of the remaining briefs must be received on their due dates. No extensions of time will be allowed. CMD [25] [7105054] [20-2605] (MM) [Entered: 09/02/2020 09:07 AM]
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| Filing 24 Non-Party motion filed by Not Party Disability Rights Education and Defense Fund, Incorporated to file Brief of Amici Curiae. [24] [7105020] [20-2605] (Dhuey, Andrew) [Entered: 09/01/2020 07:05 PM] |
| Filing 23 IT IS ORDERED that counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: If the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument, see FED. R. APP. P. 34(a), counsel may file a motion under Circuit Rule 34(e) to waive oral argument. The court encourages counsel to confer with opposing counsel when considering a motion to waive oral argument and prefers joint motions. A motion to waive oral argument must be filed no later than seven days before the date of argument. [23] [7104966] [20-2605] (SK) [Entered: 09/01/2020 03:49 PM] |
| Filing 22 Argument set for Wednesday, September 30, 2020, at 2 p.m. in the Main Courtroom, Room 2721. Minutes to be assigned later. [22] [7104964] [20-2605] (SK) [Entered: 09/01/2020 03:43 PM] |
| Filing 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Bridget A. Clarke for Not Party Disability Rights Education and Defense Fund, Incorporated. Additional Parties: Indiana Disability Rights, Indiana Statewide Independent Living Council, American Diabetes Assn., National Disability Rights Network, the Disability Rights Legal Center. [21] [7104885] (L-No; E-No; R-No) [20-2605] (Dhuey, Andrew) [Entered: 09/01/2020 01:25 PM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Andrew J. Dhuey for Not Party Disability Rights Education and Defense Fund, Incorporated. Additional Parties: Indiana Disability Rights, Indiana Statewide Independent Living Council, American Diabetes Assn., National Disability Rights Network, the Disability Rights Legal Center. [20] [7104883] (L-Yes; E-Yes; R-No) [20-2605] (Dhuey, Andrew) [Entered: 09/01/2020 01:20 PM] |
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Filing 19
Order issued GRANTING motion to expedite appeal or in the alternative for an injunction pending appeal to the extent that briefing will proceed as follows:. [ # 13 ] [ # 13 ] Appellees' brief due on or before 09/09/2020 for Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. Appellants' reply brief, if any, is due on or before 09/16/2020 for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. No extensions of time will be granted. Oral argument in this matter will be set by separate court order. IT IS FURTHER ORDERED that appellants' request for an injunction pending appeal is DENIED. MWR [19] [7104873] [20-2605] (ER) [Entered: 09/01/2020 12:50 PM]
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| Filing 18 Filed Response in Opposition by Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt to Plaintiffs-Appellants' Motion for Expedited Appeal or Injunction Pending Appeal. [18][7104656] [20-2605] (Fisher, Thomas) [Entered: 08/31/2020 03:48 PM] |
| Filing 17 Paper copies of appellant brief filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. [17] [7104124] [20-2605] (LJ) [Entered: 08/28/2020 09:29 AM] |
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Filing 16
ORDER re: Plaintiffs-Appellants' motion to expedite appeal, or in the alternative, for an injunction pending appeal. IT IS ORDERED that appellees shall file a response to appellants' motion by August 31, 2020. MWR [16] [7103662] [20-2605] (AG) [Entered: 08/26/2020 11:23 AM]
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| Filing 15 Appellant's brief filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Paper copies due on 09/01/2020. Appellee's brief due on or before 09/24/2020 for Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt Electronically Transmitted. [15] [7103650] [20-2605] (CO) [Entered: 08/26/2020 11:11 AM] |
| Filing 14 Submitted appellant brief by Mark W. Sniderman for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7103550] [20-2605] (Sniderman, Mark) [Entered: 08/25/2020 05:46 PM] |
| Filing 13 Motion filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully to expedite appeal., Or, in the alternative, for an injunction pending appeal. [13] [7103549] [20-2605] (Sniderman, Mark) [Entered: 08/25/2020 05:43 PM] |
| Filing 12 Docketing Statement filed by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Prior or Related proceedings: No. [12] [7103548] [20-2605] (Sniderman, Mark) [Entered: 08/25/2020 05:36 PM] |
| Filing 11 Appearance form filed by Attorney Julia C. Payne for Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. [11] [7103543] (L-No; E-Yes; R-No) [20-2605] [11] [7103543] [20-2605]--[Edited 08/26/2020 by ZNS to reflect the addition of counsel] (Payne, Julia) [Entered: 08/25/2020 05:16 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. [10] [7103541] [20-2605] (Glickstein, Jed) [Entered: 08/25/2020 05:14 PM] |
| Filing 9 Appearance form filed by Attorney Kian J. Hudson for Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. [9] [7103538] (L-No; E-Yes; R-No) [20-2605] [9] [7103538] [20-2605]--[Edited 08/26/2020 by ZNS to reflect the addition of counsel] (Hudson, Kian) [Entered: 08/25/2020 05:09 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William R. Groth for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Additional Parties: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, and Dominic Tumminello. [8] [7103535] (L-No; E-Yes; R-No) [20-2605] [8] [7103535] [20-2605]--[Edited 08/26/2020 by ZNS to reflect the addition of counsel] (Sniderman, Mark) [Entered: 08/25/2020 05:05 PM] |
| Filing 7 Appearance form filed by Attorney Thomas M. Fisher for Appellees Zachary E. Klutz, Connie Lawson, S. Anthony Long, Paul Okeson and Suzannah Wilson Overholt. [7] [7103533] (L-Yes; E-Yes; R-Yes) [20-2605] [7] [7103533] [20-2605]--[Edited 08/26/2020 by ZNS to reflect the termination and addition of counsel] Date updated: 08/26/2020 (Fisher, Thomas) [Entered: 08/25/2020 04:48 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark W. Sniderman for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Additional Parties: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, and Dominic Tumminello. [6] [7103531] (L-Yes; E-Yes; R-No) [20-2605] (Sniderman, Mark) [Entered: 08/25/2020 04:40 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brett E. Legner for Appellants Indiana Vote by Mail, Inc., Barbara Tully, Katharine Black, Marc Black and David Carter. Additional Parties: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, and Dominic Tumminello. [5] [7103516] (L-No; E-Yes; R-No) [20-2605] [5] [7103516] [20-2605]--[Edited 08/26/2020 by ZNS] (Legner, Brett) [Entered: 08/25/2020 04:20 PM] |
| Filing 4 Added Attorney(s) Michael Anthony Scodro for party(s) Appellant Katharine Black Appellant Marc Black Appellant Barbara Tully Appellant Indiana Vote by Mail, Inc. Appellant David Carter, in case 20-2605 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael A. Scodro for Appellants Indiana Vote by Mail, Inc., Barbara Tully, Katharine Black, Marc Black and David Carter. Additional Parties: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, and Dominic Tumminello. [4] [7103506] (L-No; E-Yes; R-No) [20-2605]--[Edited 08/25/2020 by AD to reflect the addition of counsel.] (Scodro, Michael) [Entered: 08/25/2020 04:14 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jed W. Glickstein, Jeffrey M. Strauss, and Gary A. Isaac for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. Additional Parties: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, Dominic Tumminello. [3] [7103498] (L-No; E-Yes; R-No) [20-2605][Edited 08/25/2020 by AG to reflect addition of counsel] (Glickstein, Jed) [Entered: 08/25/2020 04:07 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka and Dominic Tumminello. [2] [7103292] [20-2605] (AD) [Entered: 08/25/2020 10:15 AM] |
| Filing 1 Private civil case docketed. Fee paid. Transcript information sheet due by 09/08/2020. Docketing Statement due for Appellants Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully by 08/31/2020. Appellant's brief due on or before 10/05/2020 for Katharine Black, Marc Black, David Carter, Indiana Vote by Mail, Inc. and Barbara Tully. [1] [7103281] [20-2605] (AD) [Entered: 08/25/2020 10:08 AM] |
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