3C, LLC d/b/a 3CHI v. ROKITA
| 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC, MIDWEST HEMP COUNCIL, INC. and Wall's Organics LLC |
| TOD ROKITA, THE STATE OF INDIANA, TODD ROKITA, HUNTINGTON POLICE DEPARTMENT, DETECTIVE SERGEANT DARIUS HILLMAN, in his official capacity, HUNTINGTON COUNTY PROSECUTOR, JEREMY NIX, in his official capacity, EVANSVILLE POLICE DEPARTMENT, DETECTIVE SERGEANT NATHAN HASSLER, in his official capacity and VANDERBURGH COUNTY PROSECUTOR DIANA MOERS, in her official capacity |
| 1:2023cv01115 |
| June 26, 2023 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| James R Sweeney |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 49 NOTICE of Appearance by Bernard Lobermann, IV on behalf of Defendants DETECTIVE SERGEANT NATHAN HASSLER, in his official capacity, EVANSVILLE POLICE DEPARTMENT. (Lobermann, Bernard) |
| Filing 48 Summons Issued as to DETECTIVE SERGEANT NATHAN HASSLER, in his official capacity. (CW) |
| Filing 47 Summons Issued as to EVANSVILLE POLICE DEPARTMENT. (CW) |
| Filing 46 Summons Issued as to HUNTINGTON POLICE DEPARTMENT. (CW) |
| Filing 45 Summons Issued as to VANDERBURGH COUNTY PROSECUTOR DIANA MOERS, in her official capacity. (CW) |
| Filing 44 Summons Issued as to HUNTINGTON COUNTY PROSECUTOR, JEREMY NIX, in his official capacity. (CW) |
| Filing 43 Summons Issued as to DETECTIVE SERGEANT DARIUS HILLMAN, in his official capacity. (CW) |
| Filing 42 NOTICE of Appearance by Justin E. Swanson on behalf of Plaintiff Wall's Organics LLC. (Swanson, Justin) |
| Filing 41 Proposed Summons submitted for issuance by the clerk as to DETECTIVE SERGEANT NATHAN HASSLER, in his official capacity. (Vink, Paul) |
| Filing 40 Proposed Summons submitted for issuance by the clerk as to EVANSVILLE POLICE DEPARTMENT. (Vink, Paul) |
| Filing 39 Proposed Summons submitted for issuance by the clerk as to HUNTINGTON POLICE DEPARTMENT. (Vink, Paul) |
| Filing 38 Proposed Summons submitted for issuance by the clerk as to VANDERBURGH COUNTY PROSECUTOR DIANA MOERS, in her official capacity. (Vink, Paul) |
| Filing 37 Proposed Summons submitted for issuance by the clerk as to HUNTINGTON COUNTY PROSECUTOR, JEREMY NIX, in his official capacity. (Vink, Paul) |
| Filing 36 Proposed Summons submitted for issuance by the clerk as to DETECTIVE SERGEANT DARIUS HILLMAN, in his official capacity. (Vink, Paul) |
| Filing 35 NOTICE of Appearance by Tyler John Moorhead on behalf of Plaintiff Wall's Organics LLC. (Moorhead, Tyler) |
| Filing 34 NOTICE of Appearance by Paul D. Vink on behalf of Plaintiff Wall's Organics LLC. (Vink, Paul) |
| Filing 33 BRIEF/MEMORANDUM in Support re #32 Amended MOTION for Preliminary Injunction , filed by Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC., Wall's Organics LLC. (Attachments: #1 Exhibit A - Kentucky Case Order, #2 Exhibit B - Texas Case Order)(Vink, Paul) |
| Filing 32 Amended MOTION for Preliminary Injunction , filed by Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC., Wall's Organics LLC. (Vink, Paul) |
| Filing 31 AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against TODD ROKITA, HUNTINGTON POLICE DEPARTMENT, DETECTIVE SERGEANT DARIUS HILLMAN, in his official capacity, HUNTINGTON COUNTY PROSECUTOR, JEREMY NIX, in his official capacity, EVANSVILLE POLICE DEPARTMENT, DETECTIVE SERGEANT NATHAN HASSLER, in his official capacity, VANDERBURGH COUNTY PROSECUTOR DIANA MOERS, in her official capacity, filed by 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC., Wall's Organics LLC. (Attachments: #1 Exhibit 1 - 2018 Farm Bill, #2 Exhibit 2 - Conference Committee Report for 2018 Farm Bill, #3 Exhibit 3 - USDA Legal Memo, #4 Exhibit 4 - SEA 516, #5 Exhibit 5 - Official Opinion, #6 Exhibit 6 - Wayne County Prosecutor's Letter, #7 Exhibit 7 - Wall Decl., #8 Exhibit 8 - Huntington Letter, #9 Exhibit 9 - Congressmen Scott and Bishop Letter, #10 Exhibit 10 - DEA Response, #11 Exhibit 11 - SEA 52)(Vink, Paul) |
| Filing 29 Receipt of one USB drive re #26 NOTICE of Manual Filing re #25 Appendix, filed by All Defendants (Fisher, Thomas) (CW) |
| Filing 28 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction , filed by Defendants TODD ROKITA, THE STATE OF INDIANA. (Fisher, Thomas) |
| Filing 27 APPENDIX of Electronically Filed Exhibits in Support of Memorandum in Opposition to Motion for Preliminary Injunction by All Defendants. (Attachments: #1 Exhibit Ex. 4 - Deposition of Jamie Petty, #2 Exhibit Ex. 5 - Deposition of Justin Journay, #3 Exhibit Ex. 6 - 3Chi Low THC Hemp Product List)(Fisher, Thomas) |
| Filing 26 NOTICE of Manual Filing re #25 Appendix, filed by All Defendants (Fisher, Thomas) |
| Filing 25 APPENDIX of Manually Filed Exhibits in Support of Memorandum in Opposition to Motion for Preliminary Injunction by All Defendants. (Attachments: #1 Exhibit Ex. 1 - Video Recording of Deposition of Justin Journay, #2 Exhibit Ex. 2 - 3Chi Video 1, #3 Exhibit Ex. 3 - 3Chi Video 2)(Fisher, Thomas) |
Filing 24
ORDER - granting #23 Motion to Withdraw Attorney Appearance. Attorney Razi Lane withdrawn. (See Order.) Signed by Magistrate Judge M. Kendra Klump on 7/31/2023. (JSR)
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| Filing 23 MOTION to Withdraw Attorney Appearance of Razi S. Lane, filed by Defendants TODD ROKITA, THE STATE OF INDIANA. (Attachments: #1 Text of Proposed Order)(Lane, Razi) |
| Filing 22 NOTICE of Automatic Initial Extension, filed by Defendants TODD ROKITA, THE STATE OF INDIANA (Fisher, Thomas) |
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Filing 21
ORDER - Because the Parties have not shown why oral argument is necessary, the Court denies their request to set oral argument on the Motion for Preliminary Injunction. Instead, Plaintiffs may file a reply brief no later than August 16, 2023. Signed by Judge James R. Sweeney II on 7/7/23.(LBT)
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Filing 20
ORDER granting #18 Motion for Scheduling Order Relating to Preliminary Injunction Proceedings - Defendants shall have to and including August 4, 2023, by which to file their response to Plaintiffs' Motion for Preliminary Injunction, (Dkt. #5 ); and Any discovery relating to the Plaintiff's Motion for Preliminary Injunction, (Dkt. #5 ), shall be completed on or before August 4, 2023. The parties' request for oral argument will be addressed by separate Order. Signed by Magistrate Judge M. Kendra Klump on 7/6/2023. (JRB)
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| Filing 18 Joint MOTION for Scheduling Order Relating to Preliminary Injunction Proceedings, filed by Defendants TODD ROKITA, THE STATE OF INDIANA. (Attachments: #1 Proposed Scheduling Order Related to Preliminary Injunction Proceedings)(Fisher, Thomas) |
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Filing 19
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/29/2023. See Minute Order for further information and deadline. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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| Filing 17 NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Defendants TODD ROKITA, THE STATE OF INDIANA. (Holmes, Melinda) |
| Filing 16 NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants TODD ROKITA, THE STATE OF INDIANA. (Fisher, Thomas) |
| Filing 15 NOTICE of Appearance by James A. Barta on behalf of Defendants TODD ROKITA, THE STATE OF INDIANA. (Barta, James) |
| Filing 14 NOTICE of Appearance by Razi Lane on behalf of Defendants TODD ROKITA, THE STATE OF INDIANA. (Lane, Razi) |
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Filing 12
SCHEDULING ORDER: The Court, sua sponte, sets this matter for a telephonic status conference on Thursday, June 29, 2023, at 2:30 p.m. (Eastern). The purpose of the conference shall be to discuss Plaintiff's Motion for Preliminary Injunction [Dkt. 5]. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. If no attorney has yet appeared for defendant, plaintiff's counsel is ordered to promptly serve this order on defendant and on the Office of the Indiana Attorney General. Signed by Magistrate Judge M. Kendra Klump on 6/27/2023.(SWM)
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| Filing 11 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (JDC) |
| Filing 10 Summons Issued as to TODD ROKITA, THE STATE OF INDIANA. (JDC) |
| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDC) |
| Filing 8 NOTICE of Appearance by Justin E. Swanson on behalf of Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC.. (Swanson, Justin) |
| Filing 7 NOTICE of Appearance by Tyler John Moorhead on behalf of Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC. (Moorhead, Tyler) |
| Filing 6 BRIEF/MEMORANDUM in Support re #5 MOTION for Preliminary Injunction , filed by Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC. (Attachments: #1 Exhibit A - Kentucky Case Order, #2 Exhibit B - Texas Case Order)(Vink, Paul) |
| Filing 5 MOTION for Preliminary Injunction , filed by Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC. (Vink, Paul) |
| Filing 4 Rule 7.1 Disclosure Statement by MIDWEST HEMP COUNCIL, INC. (Vink, Paul) |
| Filing 3 Rule 7.1 Disclosure Statement by 3C, LLC d/b/a 3CHI. (Vink, Paul) |
| Filing 2 NOTICE of Appearance by Paul D. Vink on behalf of Plaintiffs 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC. (Vink, Paul) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against TOD ROKITA, THE STATE OF INDIANA, filed by 3C, LLC d/b/a 3CHI, MIDWEST HEMP COUNCIL, INC. (Filing fee $402, receipt number AINSDC-7693921) (Attachments: #1 Envelope 1 - 2018 Farm Bill, #2 Exhibit 2 - Conference Committee Report for 2018 Farm Bill, #3 Exhibit 3 - USDA Legal Memo, #4 Exhibit 4 - SEA 516, #5 Exhibit 5 - Official Opinion, #6 Exhibit 6 - Wayne County Prosecutor's Letter, #7 Exhibit 7 - Congressmen Scott and Bishop Letter, #8 Exhibit 8 - DEA Response, #9 Exhibit 9 - SEA 52, #10 Civil Cover Sheet, #11 Proposed Summons)(Vink, Paul) |
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