GARRISON v. U.S. DEPARTMENT OF EDUCATION et al
| FRANK GARRISON and NOEL JOHNSON |
| U.S. DEPARTMENT OF EDUCATION and MIGUEL CARDONA |
| 1:2022cv01895 |
| September 27, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Richard L Young |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| Plaintiff |
Docket Report
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| Filing 41 USCA Case Number 22-2886 for #38 Notice of Appeal filed by NOEL JOHNSON, FRANK GARRISON. (LBT) |
| Filing 40 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #38 Notice of Appeal. - for Court of Appeals Use Only. (LF) |
| Filing 39 PARTIES' SHORT RECORD re #38 Notice of Appeal - Instructions for Attorneys/Parties attached. (LF) |
| Filing 38 NOTICE OF APPEAL as to #37 Closed Judgment, #36 Order on Motion to Certify ClassOrder on Motion for Preliminary InjunctionOrder on Motion for TROOrder on Motion for Leave to File Excess PagesOrder on Motion to Dismiss/Lack of JurisdictionOrder on Motion for Extension of Time to File Response, filed by Plaintiffs FRANK GARRISON, NOEL JOHNSON. (Filing fee $505, receipt number AINSDC-7335209) (Kruckenberg, Caleb) |
| Filing 37 FINAL JUDGMENT - In today's Entry, the court dismissed the Plaintiffs amended complaint without prejudice. In doing so, the court resolved all of the claims at issue in the case. Accordingly, the court now enters final judgment in favor of the Defendants and against the Plaintiffs. Signed by Judge Richard L. Young on 10/21/2022.(KAA) |
Filing 36
ENTRY DISMISSING PLAINTIFFS' AMENDED COMPLAINT - The complaint is DISMISSED without prejudice. Plaintiffs' Motions to Certify Class (Filing No. #24 ), for a Preliminary Injunction (Filing No. #25 ), and for a Temporary Restraining Order (Filing No. #26 ) are DENIED as moot. Defendants' Motion to Dismiss for Lack of Jurisdiction (Filing No. #30 ) and Motion for Extension of Time to File Response (Filing No. #34 ) are DENIED as moot. SEE ORDER. Signed by Judge Richard L. Young on 10/21/2022. (KAA)
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| Filing 35 Exhibit 1 to Reply in Support of #33 Motion for Preliminary Injunction filed by Plaintiffs FRANK GARRISON, NOEL JOHNSON. (Attachments: #1 Exhibit) (Kruckenberg, Caleb) Modified on 10/24/2022 (JRB). |
| Filing 34 MOTION for Extension of Time to File Response to November 22, 2022 re #24 MOTION to Certify Class , filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Attachments: #1 Text of Proposed Order)(Merritt, Robert) |
| Filing 33 REPLY in Support of Motion re #25 MOTION for Preliminary Injunction and Memorandum in Support , filed by Plaintiffs FRANK GARRISON, NOEL JOHNSON. (Kruckenberg, Caleb) |
| Filing 32 NOTICE of Appearance by Cody Taylor Knapp on behalf of Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Knapp, Cody) |
| Filing 31 RESPONSE in Opposition re #25 MOTION for Preliminary Injunction and Memorandum in Support, #26 MOTION for Temporary Restraining Order and in Support of Motion to Dismiss, filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Attachments: #1 Exhibit 1 (Kvaal Decl.))(Merritt, Robert) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Merritt, Robert) |
| Filing 29 MOTION for Leave to File Excess Pages , filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Attachments: #1 Text of Proposed Order)(Merritt, Robert) |
| Filing 28 MARGINAL ENTRY APPROVING, re #27 Briefing Schedule. Signed by Judge Richard L. Young on 10/13/2022.(JRB) |
| Filing 27 STIPULATION to Enter Proposed Briefing Schedule, filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Merritt, Robert) |
| Filing 26 MOTION for Temporary Restraining Order , filed by Plaintiff FRANK GARRISON. (Kruckenberg, Caleb) |
| Filing 25 MOTION for Preliminary Injunction and Memorandum in Support, filed by Plaintiff FRANK GARRISON. (Attachments: #1 Memorandum in Support, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Kruckenberg, Caleb) |
| Filing 24 MOTION to Certify Class , filed by Plaintiff FRANK GARRISON. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Declaration))(Kruckenberg, Caleb) |
| Filing 23 AMENDED COMPLAINT With Class Action against All Defendants, filed by All Plaintiffs.(Kruckenberg, Caleb) |
| Filing 22 AFFIDAVIT of Service for Complaint, Notice, Consent, and Reference of a Civil Action to Magistrate Judge, Motion for Preliminary Junction, Motion for Temporary Restraining Order, Motion to Appear Pro Hac Vice of Caleb Kruckenberg, and Motion to Appear Pro Hac Vice of Michael Poon served on Merrick Garland, Attorney General on 9/27/2022, filed by FRANK GARRISON. (Attachments: #1 Exhibit)(Kruckenberg, Caleb) |
| Filing 21 AFFIDAVIT of Service for Complaint, Notice, Consent, and Reference of a Civil Action to Magistrate Judge, Motion for Preliminary Junction, Motion for Temporary Restraining Order, Motion to Appear Pro Hac Vice of Caleb Kruckenberg, and Motion to Appear Pro Hac Vice of Michael Poon served on Zachary Myers on 9/27/2022, filed by FRANK GARRISON. (Kruckenberg, Caleb) |
| Filing 20 SUMMONS Returned Executed by FRANK GARRISON. MIGUEL CARDONA served on 9/27/2022. (Attachments: #1 Exhibit)(Kruckenberg, Caleb) |
| Filing 19 SUMMONS Returned Executed by FRANK GARRISON. U.S. DEPARTMENT OF EDUCATION served on 9/27/2022. (Attachments: #1 Exhibit)(Kruckenberg, Caleb) |
| Filing 18 AFFIDAVIT of Service for Complaint, Notice, Consent, and Reference of a Civil Action to Magistrate Judge, Motion for Preliminary Junction, Motion for Temporary Restraining Order, Motion to Appear Pro Hac Vice of Caleb Kruckenberg, and Motion to Appear Pro Hac Vice of Michael Poon served on Miguel Cardona on 9/27/2022, filed by FRANK GARRISON. (Attachments: #1 Exhibit)(Kruckenberg, Caleb) |
| Filing 17 AFFIDAVIT of Service for Complaint, Notice, Consent, and Reference of a Civil Action to Magistrate Judge, Motion for Preliminary Junction, Motion for Temporary Restraining Order, Motion to Appear Pro Hac Vice of Caleb Kruckenberg, and Motion to Appear Pro Hac Vice of Michael Poon served on Department of Education on 9/27/2022, filed by FRANK GARRISON. (Attachments: #1 Exhibit)(Kruckenberg, Caleb) |
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Filing 16
ORDER denying without prejudice Plaintiff's #4 Motion for TRO and #5 Motion for Preliminary Injunction. Plaintiff has orally moved for leave to amend his complaint. That request is GRANTED, and Plaintiff will have until October 10, 2022, to file an amended complaint. Signed by Judge Richard L. Young on 9/29/2022. (TMD)
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| Filing 15 Minute Entry for telephonic conference held 9/29/2022 before Judge Richard L. Young. Parties appeared by telephone; Plaintiff by Caleb Kruckenberg and Michael Poon; Defendants by Robert Merritt for the telephonic conference set this date. The conference was held and concluded. Any rulings shall issue by separate order. (TMD) |
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Filing 14
SCHEDULING ORDER - Due to a scheduling conflict, the telephonic conference set for September 29, 2022 at 10:30 a.m. will now begin at 2:30 p.m. The dialing information provided to counsel will remain unchanged. Signed by Judge Richard L. Young on 09/29/2022.(AAS)
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| Filing 13 NOTICE , filed by Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION (Merritt, Robert) |
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Filing 11
SCHEDULING ORDER - The court SETS this matter for a telephonic conference on SEPTEMBER 29, 2022 at 10:30 a.m. before the Honorable Richard L. Young, Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 09/28/2022.(AAS)
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Filing 10
ORDER granting #3 Motion to Appear pro hac vice. Attorney Michael Poon for FRANK GARRISON added. Signed by Magistrate Judge Tim A. Baker on 9/28/2022. (SWM)
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Filing 9
ORDER granting #2 Motion to Appear pro hac vice. Attorney Caleb Kruckenberg for FRANK GARRISON added. Signed by Magistrate Judge Tim A. Baker on 9/28/2022. (SWM)
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| Filing 8 NOTICE of Appearance by Robert Charles Merritt on behalf of Defendants MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (Merritt, Robert) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 6 Summons Issued as to MIGUEL CARDONA, U.S. DEPARTMENT OF EDUCATION. (JRB) |
| Filing 5 MOTION for Preliminary Injunction , filed by Plaintiff FRANK GARRISON. (Poon, Michael) |
| Filing 4 MOTION for Temporary Restraining Order , filed by Plaintiff FRANK GARRISON. (Attachments: #1 Memo in Support, #2 Declaration, #3 Index of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4)(Poon, Michael) |
| Filing 3 MOTION for Attorney(s) Michael Poon to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7296140), filed by Plaintiff FRANK GARRISON. (Attachments: #1 PHV order)(Poon, Michael) |
| Filing 2 MOTION for Attorney(s) Caleb Kruckenberg to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7295988), filed by Plaintiff FRANK GARRISON. (Attachments: #1 PHV order)(Kruckenberg, Caleb) |
| Filing 1 COMPLAINT against All Defendants, filed by FRANK GARRISON. (Filing fee $402, receipt number AINSDC-7295733) (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kruckenberg, Caleb) |
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