Klaassen et al v. The Trustees of Indiana University
| MACEY POLICKA, ASHLEE MORRIS, JAIME CARINI, RYAN KLAASSEN, D. J. B., SETH CROWDER, MARGARET ROTH and NATALIE SPERAZZA |
| The Trustees of Indiana University |
| 1:2021cv00238 |
| June 21, 2021 |
| US District Court for the Northern District of Indiana |
| Susan L Collins |
| Damon R Leichty |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.
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Filing 56
CLERK'S ENTRY OF JUDGMENT. (dk)
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Filing 55
ORDER DISMISSING CASE: In accordance with the Court of Appeals' order and instructions, this case is DISMISSED as moot. The court directs the clerk to enter judgment accordingly. Text-only order by Judge Damon R Leichty on 2/22/22. (dk)
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Filing 54
MANDATE of USCA as to #35 Notice of Appeal, filed by Seth Crowder, D. J. B., Macey Policka, Ashlee Morris, Ryan Klaassen, Jaime Carini, Natalie Sperazza, Margaret Roth. The judgment of the district court is VACATED, and the case is REMANDED with instructions to dismiss as moot. (lhc)
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Filing 53
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed.R.Civ. P. 16(b): The parties will exchange the information required by Fed.R.Civ. P. 26(a)(1) by 10/26/2021. The last date for the completion of all fact discovery is 7/1/2022. The last date to complete discovery related to Plaintiffs' expert witnesses is 4/4/2022, and 6/1/2022 for the Defendant's expert witnesses. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiffs by 3/4/2022; and from Defendant by 5/2/2022. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings by the parties is 11/5/2021. The presiding judge will hold a status conference to set a final pretrial conference and trial. To facilitate this status conference and a prompt trial date, the last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. Parties have agreed settlement prospects will not be enhanced by ADR. Signed by Magistrate Judge Susan L Collins on 10/6/2021. (mrm)
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Filing 52
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 10/5/2021 before Magistrate Judge Susan L Collins. Plas appeared by attys Courtney Milbank and Melena Siebert. Dft appeared by atty Anne Ricchiuto. The deadlines proposed by the Plas in the #51 Amended Report of Parties' Planning Meeting is approved in all respects (except establishment of a trial date) and is hereby made and ORDER of the Court. Magistrate Consent forms due by 10/26/2021. The presiding judge will hold a status conference to set a final pretrial conference and trial. To facilitate this status conference and a prompt trial date, the last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. No motion to extend discovery or to continue other pretrial deadlines will be approved after this motion deadline, except upon a showing of extraordinary reasons directed to the presiding judge. Good cause will not be sufficient to constitute an extraordinary reason. Accordingly, the parties are advised to complete timely discovery and, if necessary, file any motion to continue pretrial deadlines, motion to compel, or such motions that may impact the schedule well in advance of this motion deadline to permit any necessary briefing and time for the court to rule. (FTR 1st floor.) (mr) Modified on 10/6/2021 to add language (mr).
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Filing 51
Amended REPORT of Rule 26(f) Planning Meeting. (Bopp, James) Modified on 10/5/2021 (kms).
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Filing 50
TELEPHONIC HEARING held on 9/28/2021 before Magistrate Judge Susan L Collins. Plas appeared by attys Courtney Milbank and Melena Siebert. Dft appeared by attys Anne Ricchiuto and Stephanie Gutwein. Court addresses #46 Plaintiffs' Motion to Stay. Arguments heard. For reasons stated on the record, Court denies motion. Court directs parties to confer and file an Amended Report of Parties Planning Meeting. Telephonic Rule 16 Preliminary Pretrial Conference reset for 10/5/2021 at 11:30 am. Court to initiate call. (FTR 1st floor.) (mr)
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Filing 49
ANSWER to #1 Complaint,,,,, by The Trustees of Indiana University.(Ricchiuto, Anne)
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Filing 48
RESPONSE to Motion re #46 MOTION to Stay filed by The Trustees of Indiana University. (Ricchiuto, Anne)
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Filing 47
REPORT of Rule 26(f) Planning Meeting. (Bopp, James)
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Filing 46
MOTION to Stay by Plaintiffs D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. (Milbank, Courtney)
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Filing 45
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
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Filing 44
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/28/2021 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. (mr)
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Filing 43
ORDER for Magistrate Judge Susan Collins: The #42 IU's Unopposed Motion For Second Extension Of Time To Respond To Complaint is granted. The Trustees of Indiana University answer due 9/27/2021. Text entry order.(lhc)
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Filing 42
Second MOTION for Extension of Time to File Answer re #1 Complaint,,,,, Unopposed by Defendant The Trustees of Indiana University. (Gutwein, Stephanie)
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Filing 41
TRANSCRIPT of PRELIMINARY INJUNCTION HEARING held on JULY 13, 2021, before Judge Damon R Leichty. Court Reporter Debra Bonk, Telephone 574-246-8039, E-mail debra_bonk@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 8/2/2021. Redaction Request due 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021. (db)
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Filing 40
ORDER denying #37 motion for an injunction pending appeal. Signed by Judge Damon R Leichty on 7/21/2021. (dk)
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Filing 39
USCA Case Number 21-2326 for #35 Notice of Appeal, filed by Seth Crowder, D. J. B., Macey Policka, Ashlee Morris, Ryan Klaassen, Jaime Carini, Natalie Sperazza, Margaret Roth. (bas)
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Filing 38
Short Record Sent to US Court of Appeals re #35 Notice of Appeal. Appeal filing fees paid in the amount of $505 - Receipt # 0755-4633319. (bas)
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Filing 37
MOTION for Injunction Pending Appeal by Plaintiffs D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. (Milbank, Courtney)
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Filing 36
Docketing Statement re: #35 Notice of Appeal, filed by Seth Crowder, D. J. B., Macey Policka, Ashlee Morris, Ryan Klaassen, Jaime Carini, Natalie Sperazza, Margaret Roth. (Milbank, Courtney)
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Filing 35
NOTICE OF APPEAL as to #34 Opinion and Order, Terminate Motions, filed by Plaintiffs D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. Filing fee $ 505, receipt number 0755-4633319. (Milbank, Courtney)
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Filing 34
OPINION AND ORDER: The court DENIES the #7 preliminary injunction motion. Signed by Judge Damon R Leichty on 7/18/2021. (dk)
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Filing 33
MOTION HEARING held on 7/13/2021 before Judge Damon R Leichty. Pla appeared by attys Bopp, Siebert. Dft appeared by attys Ricchiuto, Gutwein re #7 First MOTION for Preliminary Injunction. Arguments heard. For reasons stated, the court takes the matter under advisement. Written order to follow. (Court Reporter D. Bonk.) (dk)
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Filing 32
IU's Exhibit List for Preliminary Injunction Hearing by The Trustees of Indiana University.. (Attachments: #1 Exhibit 300 Fall 2021 Restart Report, #2 Exhibit 301 Decl. of Dr. Aaron Carroll, #3 Exhibit 302 Dec. 8, 2020 COVID-19 Vaccine Plan PowerPoint, #4 Exhibit 303 Jan 26, 2021 COVID-19 Vaccine Plan PowerPoint, #5 Exhibit 304 Feb. 2, 2021 COVID-19 Vaccine Plan PowerPoint, #6 Exhibit 305 Mar. 9, 2021 COVID-19 Vaccine Plan PowerPoint, #7 Exhibit 306 Apr. 20, 2021 COVID-19 Vaccine Plan PowerPoint, #8 Exhibit 307 May 24, 2021 COVID-19 Vaccine Plan PowerPoint, #9 Exhibit 308 June 21, 2021 COVID-19 Vaccine Plan PowerPoint, #10 Exhibit 309 Feb. 23, 2021 Surveillance and Mitigation PowerPoint, #11 Exhibit 310 Mar. 16, 2021 Surveillance and Mitigation PowerPoint, #12 Exhibit 311 Apr. 21, 2021 Surveillance and Mitigation PowerPoint, #13 Exhibit 312 Feb. 2, 2021 Medical Response Team PowerPoint, #14 Exhibit 313 Mar. 9, 2021 Medical Response Team PowerPoint, #15 Exhibit 314 Apr. 27, 2021 Medical Response Team PowerPoint, #16 Exhibit 315 Mar. 10, 2021 Contact Tracing PowerPoint, #17 Exhibit 316 Mar. 16, 2021 Contact Tracing PowerPoint, #18 Exhibit 317 Apr. 6, 2021 Contact Tracing PowerPoint, #19 Exhibit 318 Feb. 2021 Emails between Policka and Reilly, #20 Exhibit 319 Rebuttal Decl. of Dr. Cole Beeler, #21 Exhibit 320 Demonstrative Exhibit Citations to IU Witness Testimony, #22 Exhibit 321 Demonstrative Exhibit Citations to Plaintiffs Deposition Testimony)(Gutwein, Stephanie)
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Filing 31
Parties' Joint Exhibit List for Preliminary Injunction Hearing by The Trustees of Indiana University.. (Attachments: #1 Exhibit 100 - Complaint, #2 Exhibit 101 - New COVID-19 Vaccine Requirement, #3 Exhibit 102 - Fall 2021 Restart Guidance, #4 Exhibit 103 - Exemption Criteria, #5 Exhibit 104 - IU Restart Committee Recommendations for Fall 2021, #6 Exhibit 105 - COVID-19 Cases Continue to Decline, #7 Exhibit 106 - Students Comprise a Very Low Risk Population, #8 Exhibit 107 - Klaassen Verification, #9 Exhibit 108 - Carini Verification, #10 Exhibit 109 - Baumgartner Verification, #11 Exhibit 110 - Morris Verification, #12 Exhibit 111 - Crowder Verification, #13 Exhibit 112 - Policka Verification, #14 Exhibit 113 - Roth Verification, #15 Exhibit 114 - Sperazza Verification, #16 Exhibit 115 Decl. of Dr. Cole Beeler, #17 Exhibit 116 Decl. of Dr. Aaron Carroll, #18 Exhibit 117 Decl. of Dr. Peter McCullough, #19 Exhibit 118 IU COVID FAQ, #20 Exhibit 119 Baumgartner Verification, #21 Exhibit 120 Klaassen Dep., #22 Exhibit 121 Carini Dep., #23 Exhibit 122 DJB Dep., #24 Exhibit 123 Morris Dep., #25 Exhibit 124 Crowder Dep., #26 Exhibit 125 Policka Dep., #27 Exhibit 126 Roth Dep., #28 Exhibit 127 Sperazza Dep., #29 Exhibit 128 Dr. Cole Beeler Dep., #30 Exhibit 129 IU 30(b)(6) Dep.)(Gutwein, Stephanie)
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Filing 30
Plaintiffs' Amended Exhibit List for Preliminary Injunction Hearing by D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza.. (Attachments: #1 Exhibit, #2 Exhibit)(Bopp, James)
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Filing 29
Plaintiffs' Exhibit List for Preliminary Injunction Hearing by D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit)(Bopp, James)
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Filing 28
Consent MOTION to Substitute Party Daniel J. Baumgartner by Plaintiff D. J. B.. (Attachments: #1 Exhibit Verification)(Bopp, James) Modified on 7/14/2021 (dk).
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Filing 27
Joint Submission on Necessity of Evidentiary Hearing on Plaintiffs' Motion for Preliminary Injunction by Defendant The Trustees of Indiana University. (Ricchiuto, Anne) Modified on 7/9/2021 to term as a motion (bas).
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Filing 26
NOTICE of Extension of Time to File Answer re #1 Complaint (Unopposed) by Defendant The Trustees of Indiana University. (Gutwein, Stephanie) Modified on 7/8/2021 to term as it is not a motion (lhc).
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Set/Reset Deadlines: Trustees of Indiana University; answer due 8/11/2021. (lhc)
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Filing 24
TELEPHONE CONFERENCE to resolve discovery disputes held on 7/7/2021 before Judge Damon R Leichty. Pla appeared by atty M. Siebert, and J. Bopp, Jr. Dft appeared by atty A. Ricchiuto. The Court established deadlines at the hearing. (Court Reporter J. Hoffman.) (nae)
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Filing 23
ORDER DIRECTING the Clerk to return all letters received to Mr. Christenson and to refrain from docketing them. They will not be considered by the court. No amicus brief will be accepted without prior approval from the court as outlined in Order. Signed by Judge Damon R Leichty on 7/7/2021. (Copy mailed to Mr. Christenson with return of all letters as directed in Order)(mrm)
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Filing 22
REPLY to Response to Motion re #7 First MOTION for Preliminary Injunction filed by D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. (Attachments: #1 Exhibit Exhibits Index, #2 Exhibit IU COVID FAQ, #3 Exhibit Roth Dep, #4 Exhibit Carini Dep, #5 Exhibit Policka Dep, #6 Exhibit Sperazza Dep, #7 Exhibit Klaassen Dep)(Bopp, James)
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Filing 21
RESPONSE to Motion re #7 First MOTION for Preliminary Injunction filed by The Trustees of Indiana University. (Attachments: #1 Exhibit A Beeler Decl., #2 Exhibit B Carroll Decl., #3 Exhibit C Roth Dep., #4 Exhibit D Sperazza Dep., #5 Exhibit E McCullough Decl., #6 Exhibit F Klaassen Dep., #7 Exhibit G Carini Dep, #8 Exhibit H DJP Dep., #9 Exhibit I Morris Dep., #10 Exhibit J Crowder Dep., #11 Exhibit K Policka Dep.)(Ricchiuto, Anne)
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Filing 25
MOTION HEARING held on 6/25/2021 before Judge Damon R Leichty. Pla appeared by attys Bopp, Siebert. Dft appeared by attys Gutwein, Ricchiuto. The court held a hearing to schedule the preliminary injunction motion for hearing and established future deadlines and hearings as outlined in the #20 order. (Court Reporter D. Bonk.) (dk)
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Filing 20
ORDER: The court GRANTED plaintiffs' motion for leave to file excess pages (ECF #8 ), while also giving the defendant the same courtesy of an additional ten pages for its response and the plaintiffs an additional five pages for their reply; GRANTED plaintiffs' motion to expedite in accordance with the discussion held on the record (ECF #9 ); and DENIED the request for the third party subpoena (ECF #9 ). The motion to consolidate was WITHDRAWN (ECF #10 ). On July 13, 2021 at 1:30 p.m., the court will hold oral argument on the #7 preliminary injunction motion in the South Bend courtroom. Signed by Judge Damon R Leichty on 6/25/21. (dk)
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Filing 19
AFFIDAVIT of Service for Summons in a Civil Action served on The Trustees of Indiana University on 06/23/2021, filed by D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. (Milbank, Courtney)
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Filing 18
NOTICE of Hearing on Motion #10 First MOTION Consolidate Hearing on Preliminary Injunction and Merits of Case: Zoom Motion Hearing set for 6/25/2021 01:00 PM (EDT) in US District Court - South Bend before Judge Damon R Leichty. Connection link to be forwarded by email. (dk)
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Filing 17
REPLY to Response to Motion re #9 First MOTION to Expedite filed by D. J. B., Jaime Carini, Seth Crowder, Ryan Klaassen, Ashlee Morris, Macey Policka, Margaret Roth, Natalie Sperazza. (Milbank, Courtney)
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Filing 16
ORDER: Pursuant to Local Rule 40-1(f)(2)(A), this action is reassigned to Judge Damon R. Leichty for all further proceedings. Signed by Chief Judge Jon E DeGuilio 6/22/2021. (mrm)
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Filing 15
RESPONSE to Motion re #9 First MOTION to Expedite filed by Trustees of Indiana University. (Attachments: #1 Exhibit 1-Bopp Press Release)(Ricchiuto, Anne)
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Filing 14
NOTICE of Appearance by Stephanie L Gutwein on behalf of Trustees of Indiana University (Gutwein, Stephanie)
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Filing 13
NOTICE of Appearance by Anne K Ricchiuto on behalf of Trustees of Indiana University (Ricchiuto, Anne)
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Filing 12
ORDER: Pursuant to 28 U.S.C. 455, the undersigned recuses herself from this case. Pursuant to 28 U.S.C. 137 and Local Rule 40-1(f)(2)(A), Chief Judge Jon E. DeGuilio will re-assign this matter to another Article III Judge for all further proceedings. Signed by Judge Holly A Brady on 6/22/2021. (shk) (cc: Chief Judge DeGuilio)
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Filing 11
Summons Issued as to The Trustees of Indiana University. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc)
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**NEW CASE; MOTIONS PENDING** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (mlc)
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Filing 10
First MOTION Consolidate Hearing on Preliminary Injunction and Merits of Case re #8 First MOTION for Leave to File Excess Pages , #7 First MOTION for Preliminary Injunction by Plaintiffs D. J. B., JAIME CARINI, SETH CROWDER, RYAN KLAASSEN, ASHLEE MORRIS, MACEY POLICKA, MARGARET ROTH, NATALIE SPERAZZA. (Bopp, James)
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Filing 9
First MOTION to Expedite by Plaintiffs D. J. B., JAIME CARINI, SETH CROWDER, RYAN KLAASSEN, ASHLEE MORRIS, MACEY POLICKA, MARGARET ROTH, NATALIE SPERAZZA. (Attachments: #1 Exhibit IU Public Records Request, #2 Exhibit IU Public Records Request 2, #3 Exhibit State Dept of Health Records Request)(Bopp, James)
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Filing 8
First MOTION for Leave to File Excess Pages by Plaintiffs D. J. B., JAIME CARINI, SETH CROWDER, RYAN KLAASSEN, ASHLEE MORRIS, MACEY POLICKA, MARGARET ROTH, NATALIE SPERAZZA. (Attachments: #1 Exhibit Memorandum in Support of Preliminary Injunction)(Bopp, James)
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Filing 7
First MOTION for Preliminary Injunction by Plaintiffs D. J. B., JAIME CARINI, SETH CROWDER, RYAN KLAASSEN, ASHLEE MORRIS, MACEY POLICKA, MARGARET ROTH, NATALIE SPERAZZA. (Bopp, James)
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Filing 6
NOTICE of Appearance by Courtney Turner Milbank on behalf of All Plaintiffs (Milbank, Courtney)
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Filing 5
Corporate Disclosure Statement by D. J. B., JAIME CARINI, SETH CROWDER, RYAN KLAASSEN, ASHLEE MORRIS, MACEY POLICKA, MARGARET ROTH, NATALIE SPERAZZA. (Bopp, James)
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Filing 4
NOTICE of Appearance by Melena S Siebert on behalf of All Plaintiffs (Siebert, Melena)
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Filing 3
NOTICE of Appearance by Richard E Coleson on behalf of All Plaintiffs (Coleson, Richard)
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Filing 2
NOTICE of Appearance by James Bopp, Jr on behalf of All Plaintiffs (Bopp, James)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against The Trustees of Indiana University( Filing fee $ 402 receipt number 0755-4606158.), filed by MACEY POLICKA, D. J. B., MARGARET ROTH, NATALIE SPERAZZA, JAIME CARINI, RYAN KLAASSEN, ASHLEE MORRIS, SETH CROWDER. (Attachments: #1 Exhibit Index, #2 Exhibit 1 New COVID-19 vaccine requirement, #3 Exhibit 2 Fall 2021 Restart Guidance, #4 Exhibit 3 Exemption Criteria, #5 Exhibit 4 Indiana University Restart Committee Recommendations For Fall 2021, #6 Exhibit 5 State of Indiana Office of the Attorney General, Official Opinion 2021-1 on University Policies on COVID-19 Vaccination, #7 Exhibit 6 Table B. COVID-19 Cases Continue to Decline after Indy 500, #8 Exhibit 7 Table C. College/Graduate Students Comprise A Very Low Risk Population For Serious Covid-19 Illness, #9 Affidavit Verification of Klaassen, #10 Affidavit Verification of Carini, #11 Affidavit Verification of Baumgartner, #12 Affidavit Verification of Morris, #13 Affidavit Verification of Crowder, #14 Affidavit Verification of Policka, #15 Affidavit Verification of Roth, #16 Affidavit Verification of Sperazza, #17 Civil Cover Sheet, #18 Proposed Summons)(Bopp, James)
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