Count US IN, et al v. Diego Morales, et al
| COUNT US IN, WOMEN4CHANGE INDIANA and JOSH MONTAGNE |
| DIEGO MORALES, in his official capacity as Indiana Secretary of State, BETH BOYCE, in her official capacity as Chair of the Indiana Election Commission, SUZANNAH WILSON OVERHOLT, in her official capacity as Vice-Chair of the Indiana Election Commission, KAREN CELESTINO-HORSEMAN, in her official capacity as a member of the Indiana Election Commission, JOHN WESTERCAMP, in his official capacity as a member of the Indiana Election Commission, J. BRADLEY KING, in his official capacity as Co-Director of the Indiana Election Division, ANGELA NUSSMEYER, in her official capacity as Co-Director of the Indiana Election Division and JOSEPH E. MCLAIN, in his official capacity as Co-Director of the Indiana Election Division |
| STATE OF MISSOURI, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARKANSAS, STATE OF FLORIDA and UNITED STATES OF AMERICA |
| 26-1783 |
| April 15, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Civil Rights Voting |
Docket Report
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Filing 48
Argument set for Tuesday, October 27, 2026, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 20 minutes. [48] [7553584] [26-1783] (SK) [Entered: 09/08/2026 12:15 PM]
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Filing 47
Paper copies of appellant reply brief filed by Appellants Beth Boyce, Karen Celestino-Horseman, Joseph E. McLain, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [47] [7546364] [26-1783] (SK) [Entered: 08/10/2026 10:33 AM]
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Filing 46
Appellant's reply brief filed by Appellants Beth Boyce, Karen Celestino-Horseman, Joseph E. McLain, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. Paper copies due on 08/12/2026. [46] [7545649] [26-1783] (NHV) [Entered: 08/06/2026 08:39 AM]
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Filing 45
Submitted appellant reply brief by James A. Barta for Appellants Diego Morales, Beth Boyce, Suzannah Wilson Overholt, Karen Celestino-Horseman, John Westercamp, Angela Nussmeyer and Joseph E. McLain. [45] 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. [7545638] [26-1783] (Barta, James) [Entered: 08/05/2026 10:12 PM]
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Filing 44
NOTICE: Attorney James A. Barta for Appellants Beth Boyce, Karen Celestino-Horseman, Joseph E. McLain, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp will not be available for oral argument September 10, 2026. [44] [7541855] [26-1783] (Barta, James) [Entered: 07/22/2026 03:28 PM]
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Filing 43
Paper copies of appellee brief filed by Appellees Count US IN, Josh Montagne and Women4Change Indiana. [43] [7540944] [26-1783] (SK) [Entered: 07/20/2026 11:13 AM]
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Filing 41
Submitted appellee brief by Aria Branch for Appellees Count US IN, Josh Montagne and Women4Change Indiana. [41] 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. [7540535] [26-1783]--[Edited 07/17/2026 by LJ to reflect the correct filing type.] (Branch, Aria) [Entered: 07/16/2026 03:53 PM]
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Filing 40
Brief deficiency letter sent to Appellees Count US IN, Josh Montagne and Women4Change Indiana. [40] [7540405] [26-1783] (SK) [Entered: 07/16/2026 12:06 PM]
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Filing 42
Appellee's brief filed by Appellees Count US IN, Josh Montagne and Women4Change Indiana. Paper copies due on 07/24/2026. [42] [7540590] [26-1783] (SK) [Entered: 07/17/2026 08:58 AM]
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Filing 39
Submitted appellee brief by Aria Branch for Appellees Count US IN, Josh Montagne and Women4Change Indiana. [39] 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. [7540220] [26-1783]--[Edited 07/16/2026 by LJ to reflect the correct filing type.] (Branch, Aria) [Entered: 07/15/2026 09:05 PM]
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Filing 38
Filed notice of change of address for Christopher O. Murray. [38] [7537148] [26-1783] (Murray, Christopher) [Entered: 07/01/2026 05:29 PM]
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Filing 37
Paper copies of amicus brief filed by Amicus Curiae USA. [37] [7535770] [26-1783] (GW) [Entered: 06/26/2026 11:19 AM]
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Filing 36
Paper copies of amicus brief filed by Amici Curiae State of Alabama, State of Alaska, State of Arkansas, State of Florida and State of Missouri. [36] [7535065] [26-1783] (SK) [Entered: 06/24/2026 10:31 AM]
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Filing 35
Appearance form filed by Attorney Andrew G. Braniff for Amicus Curiae USA. [35] [7534924] (L-No; E-Yes; R-No) [26-1783]--[Edited 06/24/2026 by PS - docket updated to reflect the addition of counsel.] (Braniff, Andrew) [Entered: 06/23/2026 03:56 PM]
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Filing 33
THE AMICUS BRIEF AT #32 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #32, yet are not reflected on the Appellate docket/caption for administrative purposes STATE OF GEORGIA, STATE OF IDAHO, STATE OF IOWA, STATE OF KANSAS, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF NEW HAMPSHIRE, STATE OF NORTH DAKOTA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TENNESSEE, STATE OF TEXAS, STATE OF UTAH, STATE OF WEST VIRGINIA.[33] [7534597] [26-1783]--[Edited 06/23/2026 by SK]--[Edited 06/23/2026 by SK] (SK) [Entered: 06/23/2026 09:14 AM]
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Filing 32
Amicus brief filed by Amici Curiae State of Florida, State of Arkansas, State of Alaska, State of Alabama and State of Missouri government filing, no consent necessary. Paper copies due on 06/30/2026 [32] [7534579] [26-1783] (SK) [Entered: 06/23/2026 09:04 AM]
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Filing 34
Amicus brief filed by Amicus Curiae USA government filing, no consent necessary. Paper copies due on 06/29/2026. [34] [7534615] [26-1783] (GW) [Entered: 06/23/2026 09:25 AM]
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Filing 31
Submitted brief by Louis J. Capozzi, III for amicus States of Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Federal or state filer (consent unnecessary). [31] 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. [7534505] [26-1783] (Capozzi, Louis) [Entered: 06/22/2026 06:08 PM]
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Filing 30
Added Attorney(s) Madeline Sparks Lansdell for party(s) Amicus Curiae State of Arkansas Amicus Curiae State of Missouri Amicus Curiae State of Alabama Amicus Curiae State of Florida Amicus Curiae State of Alaska, in case 26-1783 per disclosure statement. Circuit Rule 26.1 Disclosure statement and Appearance form filed by Attorney Madeline S. Lansdell for Additional Parties: States of Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia. [30] [7534499] (L-No; E-Yes; R-No) [26-1783]--[Edited 06/23/2026 by AD to reflect the addition of counsel.] (Lansdell, Madeline) [Entered: 06/22/2026 05:54 PM]
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Filing 29
Submitted brief by Joshua R. Zuckerman for amicus United States of America. Federal or state filer (consent unnecessary). [29] 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. [7534495] [26-1783] (Zuckerman, Joshua) [Entered: 06/22/2026 05:44 PM]
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Filing 28
Appearance form filed by Attorney Louis J. Capozzi, III for Additional Parties: States of Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. [28] [7534492] (L-Yes; E-Yes; R-No) [26-1783] (Capozzi, Louis) [Entered: 06/22/2026 05:26 PM]
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Filing 27
Paper copies of appellant brief filed by Appellants Beth Boyce, Karen Celestino-Horseman, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [27] [7534286] [26-1783] (SK) [Entered: 06/22/2026 11:26 AM]
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Filing 25
Re-Submitted appellant brief by James A. Barta for Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [25] 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. [7533295] [26-1783] (Barta, James) [Entered: 06/16/2026 01:57 PM]
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Filing 24
Appellant J. Bradley King in 26-1783 substituted by Appellant Joseph E. McLain in 26-1783, pursuant to FRAP 43(c), per the filed Notice of Automatic Substitution of Public Officer by Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [24] [7533292] [26-1783]--[Edited 06/17/2026 by AD to reflect party substitution.] (Barta, James) [Entered: 06/16/2026 01:54 PM]
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Filing 26
Appellant's brief filed by Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. Paper copies due on 06/22/2026. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [26] [7533422] [26-1783] (DAB) [Entered: 06/16/2026 04:02 PM]
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Filing 23
Brief deficiency letter sent to Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [23] [7533059] [26-1783] (DAB) [Entered: 06/16/2026 08:39 AM]
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Filing 22
Submitted appellant brief by James A. Barta for Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [22] 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. [7533034] [26-1783] (Barta, James) [Entered: 06/15/2026 07:13 PM]
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Filing 21
ORDER: Briefing in this appeal will proceed as follows: Appellants' brief due on or before 06/15/2026 for Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. Appellees' brief due on or before 07/15/2026 for Count US IN, Josh Montagne and Women4Change Indiana. Appellants' reply brief, if any, is due on or before 08/05/2026 for Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. ASG [7525356] [26-1783] (AP) [Entered: 05/13/2026 03:56 PM]
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Filing 20
NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney James Compton for Appellants J. Bradley King, Angela Nussmeyer, Suzannah Wilson Overholt, Karen Celestino-Horseman, Diego Morales, Beth Boyce and John Westercamp has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [20] [7523210] [26-1783] (LJ) [Entered: 05/05/2026 11:40 AM]
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Filing 19
Filed Seventh Circuit Transcript Information Sheet by Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [19] [7521816] [26-1783] (Barta, James) [Entered: 04/29/2026 04:03 PM]
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Filing 18
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Derek A. Zeigler for Appellees Count US IN, Women4Change Indiana and Josh Montagne. [18] [7520907] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/27/2026 by PS - docket updated to reflect the addition of counsel.] (Zeigler, Derek) [Entered: 04/27/2026 11:52 AM]
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Filing 17
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James A. Compton for Appellants Diego Morales, Beth Boyce, Suzannah Wilson Overholt, Karen Celestino-Horseman, John Westercamp, J. Bradley King and Angela Nussmeyer. [17] [7520893] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/27/2026 by PS - docket updated to reflect the addition of counsel.] (Compton, James) [Entered: 04/27/2026 11:30 AM]
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Filing 16
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Max C. Accardi for Appellees Count US IN, Women4Change Indiana and Josh Montagne. [16] [7520794] (L-No; E-Yes; R-No) [26-1783] [Edited 04/27/2026 by CG to reflect the addition of counsel.] (Accardi, Max) [Entered: 04/27/2026 09:16 AM]
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Filing 15
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Katie Chamblee-Ryan for Appellees Count US IN, Women4Change Indiana and Josh Montagne. [15] [7520784] (L-No; E-Yes; R-No) [26-1783] [Edited 04/27/2026 by CG to reflect the addition of counsel.] (Chamblee-Ryan, Katherine) [Entered: 04/27/2026 08:54 AM]
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Filing 14
NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Andrew Nussbaum for Appellants J. Bradley King, Angela Nussmeyer, Suzannah Wilson Overholt, Karen Celestino-Horseman, Diego Morales, Beth Boyce and John Westercamp has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [14] [7520422] [26-1783] (LJ) [Entered: 04/24/2026 08:02 AM]
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Filing 13
Added Attorney(s) Lauren Rae LaBaumbard for party(s) Appellant J. Bradley King Appellant Beth Boyce Appellant John Westercamp Appellant Angela Nussmeyer Appellant Suzannah Wilson Overholt Appellant Diego Morales Appellant Karen Celestino-Horseman, in case 26-1783 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lauren R. LaBaumbard for Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp. [13] [7519421] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/21/2026 by AD to reflect the addition of counsel.] (LaBaumbard, Lauren) [Entered: 04/20/2026 04:05 PM]
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Filing 12
Filed opinion of the court PER CURIAM. We GRANT the States request for a stay pending the resolution of this appeal. The court will enter a separate order setting a briefing schedule on the States appeal. [12] [7519340] [26-1783] (CG) [Entered: 04/20/2026 02:34 PM]
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Filing 11
Appearance form filed by Attorney Kyle Hunter for Appellants Beth Boyce, Diego Morales, J. Bradley King, Karen Celestino-Horseman, Suzannah Wilson Overholt, Angela Nussmeyer and John Westercamp. [11] [7519165] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/20/2026 by PS - docket updated to reflect the addition of counsel.] (Hunter, Kyle) [Entered: 04/20/2026 10:44 AM]
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Filing 10
ORDER re: 1. Emergency motion for immediate administrative stay of preliminary injunction and stay pending appeal. 2. Plaintiffs-appellees' response in opposition to defendants-appellants' emergency motion for immediate administrative stay and stay pending appeal. [ # 3 ] The motion is GRANTED. The preliminary injunction entered on April 14, 2026, is STAYED pending appeal. A reasoned decision will follow within two business days. ASG [10] [7519097] [26-1783] (CG) [Entered: 04/20/2026 08:31 AM]
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Filing 9
Filed Reply by Appellants Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah Wilson Overholt and John Westercamp to Reply in support of emergency motion for immediate administrative stay and stay pending appeal. [9][7519076] [26-1783] (Barta, James) [Entered: 04/17/2026 08:20 PM]
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Filing 8
Filed Response in Opposition by Appellees Count US IN, Women4Change Indiana and Josh Montagne Attorney Aria C. Branch to Defendants-Appellants' Emergency Motion for Immediate Administrative Stay and Stay Pending Appeal. [8][7519060] [26-1783] (Branch, Aria) [Entered: 04/17/2026 04:24 PM]
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Filing 7
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Aria C. Branch for Appellees Count US IN, Women4Change Indiana and Josh Montagne. [7] [7519050] (L-Yes; E-Yes; R-No) [26-1783] (Branch, Aria) [Entered: 04/17/2026 04:08 PM]
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Filing 6
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christopher O. Murray for Appellants Diego Morales, Beth Boyce, Suzannah Wilson Overholt, Karen Celestino-Horseman, John Westercamp, J. Bradley King and Angela Nussmeyer. [6] [7518917] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/17/2026 by PS - docket updated to reflect the addition of counsel.] (Murray, Christopher) [Entered: 04/17/2026 11:50 AM]
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Filing 5
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Andrew Nussbaum for Appellants Diego Morales, Beth Boyce, Suzannah Wilson Overholt, Karen Celestino-Horseman, John Westercamp, J. Bradley King and Angela Nussmeyer. [5] [7518916] (L-No; E-Yes; R-No) [26-1783]--[Edited 04/17/2026 by PS - docket updated to reflect the addition of counsel.] (Nussbaum, Andrew) [Entered: 04/17/2026 11:46 AM]
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Filing 4
ORDER re: Emergency motion for immediate administrative stay of preliminary injunction and stay pending appeal. IT IS ORDERED that appellees shall respond to the motion for stay by 5 p.m. on Friday, April 17, 2026. ASG [4] [7518769] [26-1783] (AP) [Entered: 04/16/2026 05:58 PM]
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Filing 3
Emergency motion filed by Appellants J. Bradley King, Beth Boyce, Diego Morales, Angela Nussmeyer, Suzannah W. Overholt, John Westercamp and Karen Celestino-Horseman for Immediate Administrative Stay of Preliminary Injunction and Stay Pending Appeal. [3] [7518749] [26-1783] (Barta, James) [Entered: 04/16/2026 04:46 PM]
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Filing 2
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James A. Barta for Appellants Beth Boyce, J. Bradley King, Diego Morales, Suzannah W. Overholt, Karen Celestino-Horseman, John Westercamp and Angela Nussmeyer. [2] [7518695] (L-Yes; E-Yes; R-No) [26-1783] (Barta, James) [Entered: 04/16/2026 03:32 PM]
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Filing 1
Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 04/29/2026. Appellants' brief due on or before 05/26/2026 for Beth Boyce, Karen Celestino-Horseman, J. Bradley King, Diego Morales, Angela Nussmeyer, Suzannah W. Overholt and John Westercamp. [1] [7518429] [26-1783] (PS) [Entered: 04/16/2026 10:12 AM]
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