ANDERSON FEDERATION OF TEACHERS et al v. ROKITA et al
| ANDERSON FEDERATION OF TEACHERS, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO and SHANNON ADAMS |
| TAMMY MEYER, TODD ROKITA and KATIE JENNER |
| 1:2021cv01767 |
| June 15, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 27
BRIEF/MEMORANDUM in Support re #26 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants KATIE JENNER, TAMMY MEYER. (Earls, Kelly)
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Filing 26
MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants KATIE JENNER, TAMMY MEYER. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss)(Earls, Kelly) Modified on 8/4/2021 (CKM).
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Filing 25
Defendant Todd Rokita's ANSWER to #1 Complaint and Statement of Affirmative Defenses, filed by TODD ROKITA.(Earls, Kelly)
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Filing 24
NOTICE of Parties First Extension of Time to Respond to Complaint, filed by Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA, re #1 Complaint. (Earls, Kelly) Modified on 7/6/2021 (CKM).
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Filing 23
PRELIMINARY INJUNCTION. The Court orders as follows: 1) Defendant Todd Rokita, in his official capacity as Attorney General of the State of Indiana, and his respective agents, officers, employees, and successors, and all persons acting in concert with him or under his direction or control are hereby PRELIMINARILY ENJOINED from implementing, enforcing, administering, invoking, or giving any effect to Indiana Code 20-29-5-6(c)-(d) as applied to existing dues deduction withholding agreements at issue in this litigation until after the 26th pay period of the 2020-2021 school year; and 2) Defendant Todd Rokita, in his official capacity as Attorney General of the State of Indiana, and his respective agents, officers, employees, and successors, and all persons acting in concert with him or under his direction or control are hereby also PRELIMINARILY ENJOINED from enforcing Indiana Code 20-29-5-6(c)(3) as to all new dues withholding authorization forms at issue in this litigation until further order of the Court. Signed by Judge Sarah Evans Barker on 6/30/2021.(LDH)
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Filing 22
ORDER granting in part and denying in part #2 Plaintiffs' Motion for Preliminary Injunction. For the reasons detailed above, Plaintiffs' Motion for Preliminary Injunction is GRANTED as to Plaintiffs' Contract Clause and First Amendment free speech claims and DENIED as to Plaintiffs' First Amendment freedom of association claim. Accordingly, the State is preliminarily enjoined from enforcing SEA 251 to terminate existing dues deduction withholding agreements until after the 26th pay period of the 2020-2021 school year. The State is also enjoined from enforcing Indiana Code 20-29-5-6(c)(3) as to all new dues withholding authorization forms until further order of the Court. The specific language of the injunction will be set forth in a separate order as required by the Seventh Circuit. (See Order for Details.) Signed by Judge Sarah Evans Barker on 6/30/2021. (LDH)
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Filing 21
Minute Entry for oral argument on Plaintiffs' Motion for Preliminary Injunction [Dkt. 2] before Judge Sarah Evans Barker on 6/29/2021. Plaintiffs' counsel presented their oral arguments. Defense counsel presented their oral arguments. The Court takes the matter under advisement. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH)
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Filing 20
NOTICE of Filing of Withdrawal Authorization Form by All Plaintiffs (Attachments: #1 Exhibit 1: Withdrawal Authorization) (Macey, Jeffrey) Modified on 7/1/2021 (CKM).
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Filing 19
REPLY in Support of Motion re #2 MOTION for Preliminary Injunction , filed by Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Macey, Jeffrey)
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Filing 18
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on June 25, 2021, with the magistrate judge. The conference was held and concluded without further order. Oral argument on the motion for preliminary injunction is set by separate order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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Filing 17
SCHEDULING ORDER: This cause is set for oral argument on Plaintiff's Motion for Preliminary Injunction. Oral Argument is set for 6/29/2021 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM)
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Filing 16
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction , filed by Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA. (Earls, Kelly)
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Filing 14
NOTICE of Appearance by Meredith McCutcheon on behalf of Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA. (McCutcheon, Meredith)
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Filing 13
NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA. (Abshire, Courtney)
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Filing 12
NOTICE of Appearance by Sarah Ann Hurdle Shields on behalf of Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA. (Hurdle Shields, Sarah)
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Filing 11
Entry from Status Conference - The parties, by counsel, appeared for a status conference on June 17, 2021, with the magistrate judge. The plaintiffs' motion for expedited briefing (Dkt. #6 ) is granted as follows. Defendants shall file their response to the plaintiffs' motion for preliminary injunction by June 24, 2021. Plaintiffs' reply, if any, is due June 28, 2021. This case is set for a telephone status conference on June 25, 2021, at 10:30 a.m. (Eastern) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (AKW)
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Filing 10
SCHEDULING ORDER: Status Conference set for 6/17/2021 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. Counsel shall attend the conference by calling 877-402-9753, access code 4693226. Signed by Magistrate Judge Debra McVicker Lynch on 6/17/2021.(SWM)
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Filing 9
NOTICE of Appearance by Kelly Earls on behalf of Defendants KATIE JENNER, TAMMY MEYER, TODD ROKITA. (Earls, Kelly)
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Filing 8
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK)
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Filing 7
Summons Issued as to KATIE JENNER, TAMMY MEYER, TODD ROKITA. (LMK)
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Filing 6
MOTION to Modify Briefing Schedule, filed by Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Attachments: #1 Text of Proposed Order)(Macey, Jeffrey)
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Filing 5
NOTICE of Appearance by Barry A. Macey on behalf of Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Macey, Barry)
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Filing 4
NOTICE of Appearance by Jeffrey A. Macey on behalf of Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Macey, Jeffrey)
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Filing 3
BRIEF/MEMORANDUM in Support re #2 MOTION for Preliminary Injunction , filed by Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Macey, Jeffrey)
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Filing 2
MOTION for Preliminary Injunction , filed by Plaintiffs SHANNON ADAMS, ANDERSON FEDERATION OF TEACHERS, AVON FEDERATION OF TEACHERS, G. RANDALL HARRISON, SUZANNE LEBO, MARTINSVILLE CLASSROOM TEACHERS ASSOCIATION. (Attachments: #1 Appendix, #2 Exhibit Exhibit 1: Declaration of Shannon Adams, #3 Exhibit Exhibit 1A: Martinsville CBA, #4 Exhibit Exhibit 1B: Martinsville Dues Authorization Forms, #5 Exhibit Exhibit 2: Declaration of Suzanne Lebo, #6 Exhibit Exhibit 2A: Avon CBA, #7 Exhibit Exhibit 2B: Avon Dues Deduction Authorization, #8 Exhibit Exhibit 3: Declaration of G. Randall Harrison, #9 Exhibit Exhibit 3A: Anderson CBA, #10 Exhibit Exhibit 3B: Anderson Dues Authorization)(Macey, Jeffrey)
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Filing 1
COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6613065) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Macey, Jeffrey)
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