Alpha Alpha Chapter of Zeta Beta Tau Fraternity et al v. Cutler et al
| Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Ben Riggins, Kyle Link, Kiefer Earl, Conner Falk and Alpha Alpha Chapter of ZBT, Inc. |
| Brandon Cutler, Purdue University, Abigail Lynn Howard, Jeffery P Stefancic, Margaret M Reisdorf, Amanda Palmer, Katherine L Sermersheim and Beth McCuskey |
| 4:2023cv00074 |
| August 25, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 NOTICE of Hearing/Deadlines: Evidentiary Hearing (Preliminary Injunction Hearing) RESET for 1/12/2024 09:00 AM (central/Hammond time) in US District Court - Hammond before Judge Philip P Simon. (nac) |
Filing 33
ORDER granting #32 MOTION to Continue filed by Plaintiffs, vacating the Preliminary Injunction Hearing currently scheduled for 10/11/23, to be reset in a separate Order. Signed by Judge Philip P Simon on 10/10/23. (efc)
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| Filing 32 First MOTION to Continue Preliminary Hearing Injunction by Plaintiffs Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Kiefer Earl, Conner Falk, Kyle Link, Ben Riggins. (Linder PHV, Ilana) |
| Filing 31 NOTICE of Appearance by Michael D Dean on behalf of All Plaintiffs (Dean, Michael) |
| Filing 30 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order filed by Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Kiefer Earl, Conner Falk, Kyle Link, Ben Riggins. (Linder PHV, Ilana) |
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Filing 29
ORDER: For good cause shown, the Court GRANTS #25 Motion to Withdraw. The appearance of Attorney Jerome L. Withered on behalf of Plaintiffs Zeta Beta Tau Fraternity, Alpha Alpha Chapter et al., is WITHDRAWN. Approved by Magistrate Judge Joshua P Kolar on 9/26/2023. Text entry order. (tc)
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Filing 28
ORDER granting #22 Application to Appear Pro Hac Vice of Attorney Ilana L Linder PHV for plaintiffs. Signed by Magistrate Judge Joshua P Kolar on 9/26/2023. (ace)
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Filing 27
ORDER granting #23 Application to Appear Pro Hac Vice of Attorney Timothy M Burke PHV for plaintiffs. Signed by Magistrate Judge Joshua P Kolar on 9/26/2023. (ace)
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| Filing 26 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Brandon Cutler, Abigail Lynn Howard, Beth McCuskey, Amanda Palmer, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Jeffery P Stefancic. (Kealey, William) |
| Filing 25 MOTION to Withdraw as Attorney by Plaintiffs Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Kiefer Earl, Conner Falk, Kyle Link, Ben Riggins. (Withered, Jerome) |
| Filing 24 REPLY to Response to Motion re #9 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Brandon Cutler, Abigail Lynn Howard, Beth McCuskey, Amanda Palmer, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Jeffery P Stefancic. (Kealey, William) |
| Filing 23 Application for Attorney Timothy M. Burke to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5351581 (Attachments: #1 Supplement Partial Certificates of Good Standing)(Burke, Timothy) (Additional attachment(s) added on 9/26/2023: #2 US Supreme Court Certificate) (ace). |
| Filing 22 Application for Attorney Ilana L. Linder to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5348692 (Attachments: #1 Supplement Certificates of Good Standing)(Linder, Ilana) (Additional attachment(s) added on 9/26/2023: #2 US Supreme Court Certificate) (ace). (Additional attachment(s) added on 9/26/2023: #3 DC Certificate) (ace). |
| Filing 21 RESPONSE to Motion re #9 MOTION to Dismiss for Lack of Jurisdiction Subject Matter Response in Opposition to Defendants' Motion to Dismiss Plaintiffs' Injunctive Relief Claims filed by Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Kiefer Earl, Conner Falk, Kyle Link, Ben Riggins. (Blaydes, Laura) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Jeffery P Stefancic waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Katherine L Sermersheim waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Margaret M Reisdorf waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Purdue University waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Amanda Palmer waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Beth McCuskey waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Abigail Lynn Howard waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. Brandon Cutler waiver sent on 8/31/2023, answer due 10/30/2023. (Blaydes, Laura) |
| Filing 12 NOTICE of Hearing/Deadlines: Response to be filed by 9/25/2023, and a Reply to be filed by 10/2/2023. See docket entry 11 . Preliminary Injunction Hearing is now scheduled for 10/11/2023 08:30 AM in US District Court - Hammond before Judge Philip P Simon. (nac) |
| Filing 11 TELEPHONE CONFERENCE/MOTION HEARING held on 8/30/2023 re #3 MOTION for Temporary Restraining Order filed by Kyle Link, Ben Riggins, Kiefer Earl, Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Conner Falk. Plf and defense provide a detailed explanation of the case to the court. Court rules that a TRO will not be granted but that the case will be set for a Preliminary Injunction Hearing. Court sets deadlines: Response due 9/25/2023 (defense) and a Reply by 10/2/2023 (plf). After discussion regarding Preliminary Injunction date the Court sets the Preliminary Injunction Hearing on 10/11/2023 at 8:30 a.m. in US District Court - Hammond before Judge Philip P Simon. (Court Reporter Stacy Drohosky.) (nac) |
| Filing 10 BRIEF in Support of #9 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Jeffery P Stefancic, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Beth McCuskey, Brandon Cutler, Abigail Lynn Howard, Amanda Palmer. (Kealey, William) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction Subject Matter by Defendants Brandon Cutler, Abigail Lynn Howard, Beth McCuskey, Amanda Palmer, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Jeffery P Stefancic. (Kealey, William) |
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Filing 8
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 8/29/2023. (tc)
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| Filing 7 NOTICE of Appearance by William P Kealey on behalf of Brandon Cutler, Abigail Lynn Howard, Beth McCuskey, Amanda Palmer, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Jeffery P Stefancic (Kealey, William) |
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Filing 6
ORDER: On 8/25/2023, Plaintiffs filed this action and a motion for a temporary restraining order #1 ; #3 . A Telephonic Status Hearing is set in this matter before Judge Philip P. Simon for 8/30/2023, at 2:00 p.m. Central / Hammond time as outlined in this order. Signed by Judge Philip P Simon on 8/28/2023. (mrm)
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| Filing 5 NOTICE of Appearance by Jerome L Withered on behalf of All Plaintiffs (Withered, Jerome) |
| Filing 4 Summons Issued as to Brandon Cutler, Abigail Lynn Howard, Beth McCuskey, Amanda Palmer, Purdue University, Margaret M Reisdorf, Katherine L Sermersheim, Jeffery P Stefancic. 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. (nhc) |
| Filing 3 MOTION for Temporary Restraining Order by Plaintiffs Alpha Alpha Chapter of ZBT, Inc., Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Jason Bodzy, Kiefer Earl, Conner Falk, Kyle Link, Ben Riggins. (Attachments: #1 Exhibit Proposed Order & Findings of Fact and Conclusions of Law)(Blaydes, Laura) |
| Filing 2 NOTICE of Appearance by Laura L Blaydes on behalf of All Plaintiffs (Blaydes, Laura) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AINNDC-5337491.), filed by Conner Falk, Ben Riggins, Alpha Alpha Chapter of ZBT, Inc., Jason Bodzy, Alpha Alpha Chapter of Zeta Beta Tau Fraternity, Kyle Link, Kiefer Earl. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit)(Blaydes, Laura) |
| **NEW CASE** Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. (nhc) |
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