Kathleen Uradnik v. Inter Faculty Organization, et al
| Board of Trustees of the Minnesota State Colleges and Universities, Inter FacultyOrganization and St. Cloud State University |
| Kathleen Uradnik |
| 18-3086 |
| September 28, 2018 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Civil Rights |
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| SUPREME COURT order: The motion of Freedom Foundation for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari is denied. Order filed on 04/29/2019 in case No.18-719. [4783985] [18-3086] (AMT) [Entered: 05/02/2019 03:26 PM] |
| MANDATE ISSUED. [4739909] [18-3086] (AMT) [Entered: 12/27/2018 08:12 AM] |
| U.S. Supreme Court Notice of cert filed in the Supreme Court on 12/04/2018, case No. 18-719 [4735838] [18-3086] (AMT) [Entered: 12/13/2018 11:26 AM] |
| JUDGMENT FILED - Kathleen Uradnik appeals the denial of her motion for preliminary injunction. Uradnik challenges the constitutionality of an exclusive collective bargaining representative in the public sector, asserting that the University and State of Minnesota [should] not appoint the Union to speak for her and not force her into an expressive association with it. We review the district courts denial of a preliminary injunction for an abuse of discretion. S.J.W. ex rel. Wilson v. Lees Summit R-7 Sch. Dist., 696 F.3d 771, 776 (8th Cir. 2012). Whether a preliminary injunction should issue involves consideration of (1) the threat of irreparable harm to the movant; (2) the state of balance between this harm and the injury that granting the injunction will inflict on other parties litigant; (3) the probability that movant will succeed on the merits; and (4) the public interest. Id. (quoting Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 113 (8th Cir. 1981)). The most significant of these factors in this case is the likelihood of success on the merits, and on this factor we agree with the district court that Uradnik cannot show a likelihood of success on the merits of her compelled speech argument. See Janus v. Am Fed. of State, Cty., & Munic. Employees, 138 S. Ct. 2448, 2478 (2018); Harris v. Quinn, 134 S. Ct. 2618, 2640 (2014);. The district courts order denying the motion for a preliminary injunction is affirmed. [ # 4712292-2 ] JAMES B. LOKEN, BOBBY E. SHEPHERD and JANE KELLY Adp Oct 2018 [4732090] [18-3086] (AMT) [Entered: 12/03/2018 01:35 PM] |
| CASE SUBMITTED Ad Panel Submission before Judges James B. Loken, Bobby E. Shepherd, Jane Kelly in St. Louis [4732089] [18-3086] (AMT) [Entered: 12/03/2018 01:33 PM] |
| MOTION to hold briefing schedule in abeyance, filed by Attorney Andrew Michael Grossman for Appellant Ms. Kathleen Uradnik w/service 10/04/2018. [4712294] [18-3086] (AMG) [Entered: 10/04/2018 12:33 PM] |
| CLERK ORDER:Granting [ # 4712294-2 ] motion hold briefing schedule in abeyance filed by Andrew Michael Grossman. [4712445] [18-3086] (AMT) [Entered: 10/04/2018 04:16 PM] |
| MOTION for Summary Affirmance, filed by Attorney Andrew Michael Grossman for Appellant Ms. Kathleen Uradnik w/service 10/04/2018. [4712292] [18-3086] (AMG) [Entered: 10/04/2018 12:30 PM] |
| CORPORATE disclosure statement filed by Appellee Inter Faculty Association. - FOR CAL [4710891] [18-3086] (BDC) [Entered: 10/02/2018 10:25 AM] |
| LETTER from Appellee Inter Faculty Association regarding Change to inaccurate case title. w/service 10/02/2018 [4710826] [18-3086] (BDC) [Entered: 10/02/2018 09:29 AM] |
| APPEARANCE filed by Andrew M. Grossman for Appellant Ms. Kathleen Uradnik w/service 10/01/2018 [4710358] [18-3086] (AMG) [Entered: 10/01/2018 09:57 AM] |
| APPEARANCE filed by Brendan D. Cummins for Appellee Inter Faculty Association w/service 10/01/2018 [4710456] [18-3086] (JDC) [Entered: 10/01/2018 12:16 PM] |
| APPEARANCE filed by Jacob Campion for Appellees Board of Trustees of the Minnesota State Colleges and Universities and St. Cloud State University w/service 10/01/2018 [4710465] [18-3086] (JC) [Entered: 10/01/2018 12:38 PM] |
| Originating court document filed consisting of notice of appeal filed 9/27/2018, docket entries, memorandum and order filed 9/27/2018, and judgment filed 9/28/2018. [4710211] [18-3086] (CBO) [Entered: 09/28/2018 03:59 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 11/07/2018. Appendix due 11/19/2018. BRIEF APPELLANT, Kathleen Uradnik due 11/19/2018 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. Appellant reply brief is due 14 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [4710213] [18-3086] (CBO) [Entered: 09/28/2018 04:02 PM] |
| Civil case docketed. [4710209] [18-3086] (CBO) [Entered: 09/28/2018 03:53 PM] |
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