Case: Common Cause Indiana v. Marion County Election Board

1:17-cv-01388 | U.S. District Court for the Southern District of Indiana

Filed Date: May 2, 2017

Closed Date: July 12, 2019

Clearinghouse coding complete

Case Summary

This lawsuit involved allegations that county officials violated the First and Fourteenth Amendments and Section 2 of the Voting Rights Act of 1965 (“VRA”), 52 U.S.C. § 10301, by placing an undue burden on the right to vote and exhibiting arbitrary, capricious, and unjustified treatment against voters.    On May 2, 2017, in the United States District Court Southern District of Indiana Indianapolis Division, Common Cause Indiana, the National Association for the Advancement of Colored People (th…

This lawsuit involved allegations that county officials violated the First and Fourteenth Amendments and Section 2 of the Voting Rights Act of 1965 (“VRA”), 52 U.S.C. § 10301, by placing an undue burden on the right to vote and exhibiting arbitrary, capricious, and unjustified treatment against voters.   

On May 2, 2017, in the United States District Court Southern District of Indiana Indianapolis Division, Common Cause Indiana, the National Association for the Advancement of Colored People (the “NAACP”), and individual members (collectively, “Plaintiffs”), filed a lawsuit against the Marion County Election Board, individual members of the Marion County Election Board, each in their official capacity, and Indiana Secretary of State (collectively, “Defendants”). Common Cause Indiana had worked to expand voter registration and equal access to voting and had approximately 2,500 members who voted in Marion County, Indiana (the “County”) at the time the lawsuit was filed. Represented by private counsel, Plaintiffs sought declaratory and injunctive relief from the Court to restore at least two satellite voting locations in the County for the 2018 primary and general elections. 

In the Complaint, Plaintiffs stated that Indiana Code § 3-11-10-26 permitted voters to cast absentee ballots before an absentee voter board at the office of a circuit court clerk or satellite office, not more than 28 days prior to an election day. I.C. § 3-11-10-26.3 allowed county election boards to adopt resolutions to permit satellite voter offices. Such resolutions must be adopted by unanimous vote, but the statute did not provide guidelines, standards, or factors for deciding whether to approve resolutions. Plaintiffs alleged that in 2008 the County Election Board approved a resolution to establish two (2) satellite voting sites in the County. Plaintiffs further alleged that the satellite voting sites were popular and 19.3% of all Marion County citizens who voted in the 2008 general election did so by early absentee ballots. However, Plaintiffs also alleged that Defendants failed to approve resolutions to establish early satellite voting locations in 2010, 2012, 2014, and 2016, resulting in no satellite voting locations in the County in any of those elections. In turn, the County only had one early voting location in the 2016 election and early absentee voting turnout dropped dramatically to 10.8% and 12.7% of voters having cast absentee in-person votes in 2012 and 2016, respectively. 

Plaintiffs alleged that “by giving a single member of the [Marion County Election Board] unfettered and standardless discretion to disapprove a resolution establish satellite sites for early voting, the operation and effect of I.C. § 3-11-10-26.3 arbitrarily, capriciously and without justification treat[ed] voters differently based on where they liv[ed], and its application in Marion County” unnecessarily burdened voters. Plaintiff further alleged that because Marion County had the highest percentage of African Americans of any county in Indiana, and African Americans were the most likely race to utilize early voting, that the law disproportionately denied and abridged the rights of African American voters.  

On June 13, 2017, Plaintiffs filed a voluntary dismissal of Indiana Secretary of State from the lawsuit without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Common Cause filed a separate lawsuit against Indiana Secretary of State Connie Lawson on October 27, 2017 (1:17-cv-03936). On June 27, 2017, Defendant filed an Answer alleging the County Election Board acted in good faith and did not exhibit any discriminatory conduct, and Plaintiffs’ claims were barred by the statute of limitations. 

On January 31, 2018, Plaintiffs filed a Motion for Preliminary Injunction, requesting the Court order Defendants to restore at least two satellite voting locations in the County for the 2018 primary and general elections. On April 25, 2018, the Court granted Plaintiffs’ Motion for Preliminary Injunction and mandated Defendants to establish two satellite voting locations in accordance with Indiana Code § 3-11-10-26(a)(2) and § 3-11-10-26.3(a) for early in-person voting in the County for the November 2018 general election (denied Plaintiff’s motion for the May 2018 primary election). 311 F.Supp.3d 949. A few months later, on July 10, the Court approved a consent decree in which the Defendants agreed to set up two satellite voting locations in Marion County for primary elections and five for general elections.

The state of Indiana, as an intervenor-defendant, moved to amend the judgment and prevent the consent decree from coming into effect. The Court denied this motion on August 9, 2018, holding that the consent decree complied with state law and the public interest. 2018 WL 3770134. Indiana subsequently appealed the approval of the consent decree to the U.S. Court of Appeals for the Seventh Circuit (case no. 18-2735).

On December 3, 2018, the Indianapolis-Marion County City-County Council, Marion County’s legislative body, adopted Defendants’ plan designating the County a “vote center county.” (I.C. § 3-11-18.1-13). The plan mandated two satellite voting locations in primary elections and six in general elections. Therefore, the parties moved for an indicative ruling that the district court would vacate the consent decree and dismiss the case as moot. (In an indicative ruling, the district court indicates how it would rule on an issue that it cannot actually resolve because the case has a pending appeal.)

On February 5, 2019, the court issued an indicative ruling, stating that it would deny a motion to dismiss based on mootness because it was not clear that Defendants would always follow the consent decree in the future. 2019 WL 441849. However, on June 3, 2019, the Seventh Circuit vacated the consent decree at the request of the parties. 925 F.3d 928. The district court dismissed the case on July 12, 2019, and it is now closed.

Summary Authors

Abigail Toohey (12/20/2023)

Madilynn O'Hara (9/22/2024)

Micah Pollens-Dempsey (10/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6321951/parties/common-cause-indiana-v-marion-county-election-board/


Judge(s)

Barker, Sarah Evans (Indiana)

Attorney for Plaintiff

Groth, William R. (Indiana)

Attorney for Defendant

Chinn, Anthony Scott (Indiana)

Findley, Bryan (Indiana)

Expert/Monitor/Master/Other

Laurin, Vilda Samuel (Indiana)

Documents in the Clearinghouse

Documents in this case
1

1:17-cv-01388

Complaint for Declaratory and Injunctive Relief

May 2, 2017

May 2, 2017

Complaint
76

1:17-cv-01388

Opinion and Order on Plaintiffs' Motion for Preliminary Injunction

April 25, 2018

April 25, 2018

Order/Opinion

311 F.Supp.3d 949

85-1

1:17-cv-01388

Consent Decree

July 3, 2018

July 3, 2018

Settlement Agreement
92

1:17-cv-01388

Order Denying State of Inidana's Motion to Alter or Amend Judgment (DKT. 89)

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion

2018 WL 3770134

94

1:17-cv-01388

Final Judgment

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion
106

1:17-cv-01388

Joint Motion for Indicative Ruling on Motion to Vacate Consent Decree

Common Cause Indiana v. Marion County Election

Dec. 11, 2018

Dec. 11, 2018

Pleading / Motion / Brief
109

1:17-cv-01388

Order on Motion for Indicative Ruling on Motion to Vacate Consent Decree For Mootness (DKT. 106)

Feb. 5, 2019

Feb. 5, 2019

Order/Opinion

2019 WL 441849

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6321951/common-cause-indiana-v-marion-county-election-board/

Last updated April 15, 2026, 5:23 a.m.

ECF Number Date Description Link
1 May 2, 2017

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-4339684) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Groth, William) (Entered: 05/02/2017)

RECAP
2 May 2, 2017

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs Common Cause Indiana, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 05/02/2017)

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3 May 2, 2017

NOTICE of Appearance by Daniel Bowman on behalf of Plaintiffs Common Cause Indiana, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Bowman, Daniel) (Entered: 05/02/2017)

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4 May 3, 2017

Summons Issued as to MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, CONNIE LAWSON, MARION COUNTY ELECTION BOARD. (DJH) (Entered: 05/03/2017)

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5 May 3, 2017

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 05/03/2017)

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6 May 22, 2017

NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Ricchiuto, Anne) (Entered: 05/22/2017)

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7 May 22, 2017

NOTICE of Appearance by Anthony Scott Chinn on behalf of Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Chinn, Anthony) (Entered: 05/22/2017)

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8 May 22, 2017

NOTICE of Appearance by Daniel E. Pulliam on behalf of Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Pulliam, Daniel) (Entered: 05/22/2017)

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9 May 22, 2017

NOTICE of Parties' First Extension of Time, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Pulliam, Daniel) (Entered: 05/22/2017)

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10 May 23, 2017

NOTICE of Appearance by Donald Eugene Morgan on behalf of Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, CONNIE LAWSON, MARION COUNTY ELECTION BOARD. (Morgan, Donald) Modified on 6/1/2017 (CKM). (Entered: 05/23/2017)

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11 May 23, 2017

NOTICE of Amended Appearance of Counsel Donald E. Morgan, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD (Morgan, Donald) (Entered: 05/23/2017)

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12 May 24, 2017

AFFIDAVIT of Service for Summons and Complaint served on Connie Lawson in her official capacity as the Indiana Secretary of State on May 8, 2017, filed by All Plaintiffs. (Groth, William) (Entered: 05/24/2017)

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13 May 30, 2017

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 05/30/2017)

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14 May 30, 2017

NOTICE of Parties' First Extension of Time, filed by Defendant CONNIE LAWSON. (Garn, Jefferson) (Entered: 05/30/2017)

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15 May 31, 2017

NOTICE of Appearance by Jessica Reagan Gastineau on behalf of Defendant CONNIE LAWSON. (Gastineau, Jessica) (Entered: 05/31/2017)

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16 June 12, 2017

SCHEDULING ORDER: Initial Pretrial Conference set for 7/14/2017 10:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 6/12/2017.(SWM) (Entered: 06/12/2017)

RECAP
17 June 13, 2017

NOTICE of Voluntary Dismissal, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 06/13/2017)

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18 June 15, 2017

ENTRY-marginal-Notice of voluntary without prejudice is acknowledged. CONNIE LAWSON (in her official capacity as the Indiana Secretary of State) terminated. Signed by Judge Sarah Evans Barker on 6/15/2017.(CBU) (Entered: 06/15/2017)

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19 June 19, 2017

Second MOTION for Extension of Time to June 27, 2017 To Respond To Complaint, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Attachments: # 1 Text of Proposed Order Granting motion For Second Extension of Time to Respond to Complaint)(Pulliam, Daniel) (Entered: 06/19/2017)

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20 June 22, 2017

ORDER granting Defendants' 19 Motion for Extension of Time to File response to complaint to 6/27/2017. Signed by Magistrate Judge Tim A. Baker on 6/22/2017. (SWM) (Entered: 06/22/2017)

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21 June 27, 2017

ANSWER to 1 Complaint, filed by MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD.(Pulliam, Daniel) (Entered: 06/27/2017)

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22 July 6, 2017

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE . (Groth, William) (Entered: 07/06/2017)

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23 July 17, 2017

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel July 14, 2017. Dispositive Motions due May 2, 2018. Discovery due March 2, 2018. By separate order, this case will be set for a settlement conference at 1:30 p.m. on September 26, 2017. Signed by Magistrate Judge Tim A. Baker on 7/17/2017.(MGG) (Entered: 07/17/2017)

RECAP
24 July 17, 2017

ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES - This matter is set for a settlement conference at 1:30 p.m. on September 26, 2017, room #234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER**. Signed by Magistrate Judge Tim A. Baker on 7/17/2017.(MGG) (Entered: 07/17/2017)

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25 Aug. 14, 2017

NOTICE of Appearance by Bryan Findley on behalf of Intervenor Defendant STATE OF INDIANA. (Findley, Bryan) (Entered: 08/14/2017)

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26 Aug. 14, 2017

MOTION to Intervene, filed by Intervenor Defendant STATE OF INDIANA. (Findley, Bryan) (Entered: 08/14/2017)

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27 Aug. 14, 2017

BRIEF/MEMORANDUM in Support re 26 MOTION to Intervene, filed by Intervenor Defendant STATE OF INDIANA. (Findley, Bryan) (Entered: 08/14/2017)

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28 Aug. 14, 2017

ANSWER to 1 Complaint and AFFIRMATIVE DEFENSES, filed by STATE OF INDIANA.(Findley, Bryan) (Entered: 08/14/2017)

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29 Aug. 15, 2017

NOTICE of Appearance by Kelly Suzanne Witte on behalf of Intervenor Defendant STATE OF INDIANA. (Witte, Kelly) (Entered: 08/15/2017)

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30 Aug. 15, 2017

NOTICE of Appearance by Aleksandrina Penkova Pratt on behalf of Intervenor Defendant STATE OF INDIANA. (Pratt, Aleksandrina) (Entered: 08/15/2017)

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31 Aug. 28, 2017

RESPONSE in Opposition re 26 MOTION to Intervene, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 08/28/2017)

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32 Aug. 30, 2017

MOTION to Withdraw Attorney Appearance of Jessica R. Gastineau, filed by Defendant CONNIE LAWSON. (Attachments: # 1 Text of Proposed Order)(Gastineau, Jessica) (Entered: 08/30/2017)

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33 Sept. 1, 2017

NOTICE of Service of Initial Disclosures, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Pulliam, Daniel) (Entered: 09/01/2017)

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34 Sept. 1, 2017

NOTICE of Service of Initial Disclosures, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Bowman, Daniel) (Entered: 09/01/2017)

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35 Sept. 5, 2017

ORDER granting 32 Motion to Withdraw Attorney Appearance. Attorney Jessica Reagan Gastineau withdrawn. Signed by Magistrate Judge Tim A. Baker on 9/5/2017. (CBU) (Entered: 09/05/2017)

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36 Sept. 5, 2017

REPLY in Support of Motion re 26 MOTION to Intervene, filed by Intervenor Defendant STATE OF INDIANA. (Witte, Kelly) (Entered: 09/05/2017)

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37 Sept. 7, 2017

EXHIBIT in Support of Reply in Support of Motion re 26 MOTION to Intervene, filed by Intervenor Defendant STATE OF INDIANA. (Attachments: # 1 Exhibit A - Correspondence from Anne K. Ricchiuto)(Witte, Kelly) (Entered: 09/07/2017)

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38 Sept. 18, 2017

NOTICE of Substitution of Party, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD (Ricchiuto, Anne) (Entered: 09/18/2017)

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39 Sept. 20, 2017

NOTICE of Appearance by Andrew J. Mallon on behalf of Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Mallon, Andrew) (Entered: 09/20/2017)

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40 Sept. 22, 2017

ORDER Conditionally Granting 26 The State's Motion to Intervene. ***SEE ORDER*** Signed by Judge Sarah Evans Barker on 9/22/2017. (LDH) (Entered: 09/22/2017)

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41 Sept. 25, 2017

ORDER VACATING AND RESETTING SETTLEMENT CONFERENCE - The Court, on its own motion, vacates the settlement conference set for 1:30 p.m. on September 26, 2017, and resets this settlement conference for 9 a.m. on December 14, 2017, in Room 234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A Baker. All requirements in the order originally setting this conference shall remain in effect. [Filing No. 24 .]. Signed by Magistrate Judge Tim A. Baker on 9/25/2017.(MGG) (Entered: 09/25/2017)

RECAP
42 Oct. 2, 2017

Exhibit List, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE, Witness List, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Bowman, Daniel) (Entered: 10/02/2017)

RECAP
43 Oct. 5, 2017

ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 10:30 a.m. on October 10, 2017. Parties shall participate in this conference by counsel, who shall call the Court at 317-229- 3660. The purpose of this conference is to discuss case status and settlement. Signed by Magistrate Judge Tim A. Baker on 10/5/2017.(MGG) (Entered: 10/05/2017)

RECAP
44 Oct. 12, 2017

MOTION for Reconsideration re 40 Order on Motion to Intervene or in the Alternative Clarification, filed by Intervenor Defendant STATE OF INDIANA. (Findley, Bryan) (Entered: 10/12/2017)

RECAP
45 Oct. 18, 2017

ORDER ON OCTOBER 10, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel October 10, 2017, for a telephonic status conference. Discussion was held regarding settlement, and related matters. This cause remains set for a December 14, 2017, settlement conference. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 10/18/2017)

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46 Oct. 24, 2017

RESPONSE in Opposition re 44 MOTION for Reconsideration re 40 Order on Motion to Intervene or in the Alternative Clarification, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Bowman, Daniel) (Entered: 10/24/2017)

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47 Oct. 24, 2017

RESPONSE in Opposition re 44 MOTION for Reconsideration re 40 Order on Motion to Intervene or in the Alternative Clarification, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, CONNIE LAWSON, MARION COUNTY ELECTION BOARD. (Ricchiuto, Anne) (Entered: 10/24/2017)

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48 Oct. 31, 2017

REPLY in Support of Motion re 44 MOTION for Reconsideration re 40 Order on Motion to Intervene or in the Alternative Clarification, filed by Intervenor Defendant STATE OF INDIANA. (Findley, Bryan) (Entered: 10/31/2017)

RECAP
49 Nov. 1, 2017

Witness List Preliminary, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, Exhibit List Preliminary, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Ricchiuto, Anne) (Entered: 11/01/2017)

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50 Nov. 9, 2017

ORDER - denying 44 Motion for Reconsideration. Signed by Judge Sarah Evans Barker on 11/9/2017. *** SEE ORDER *** (CKM) (Entered: 11/09/2017)

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51 Dec. 11, 2017

SCHEDULING ORDER: Telephonic Status Conference set for 12/11/2017at 05:00 PM before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address the status of settlement and the 12/14/17 settlement conference. Signed by Magistrate Judge Tim A. Baker on 12/11/2017. (ADH) (Entered: 12/11/2017)

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52 Dec. 12, 2017

ORDER ON DECEMBER 11, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel December 11, 2017, for a telephonic status conference. Discussion held regarding settlement and related matters. The December 14, 2017, settlement conference is vacated, and will be reset by separate order. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 12/12/2017)

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53 Dec. 13, 2017

SCHEDULING ORDER- Settlement Conference set for 1/5/2018 at 9:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker and Related Deadlines. Signed by Magistrate Judge Tim A. Baker on 12/13/2017.(CBU) (Entered: 12/13/2017)

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54 Jan. 5, 2018

ORDER ON JANUARY 5, 2018, SETTLEMENT CONFERENCE - Parties appeared in person and by counsel January 5, 2018, for a settlement conference. Settlement discussions held, but no settlement was reached. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 01/05/2018)

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55 Jan. 5, 2018

MOTION for Leave to File Amended Complaint, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Exhibit A - Amended Complaint for Declaratory and Injunctive Relief, # 2 Text of Proposed Order)(Groth, William) (Entered: 01/05/2018)

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56 Jan. 10, 2018

ORDER - granting 55 Motion for Leave to File Amended Complaint; IT IS HEREBY ORDERED that the clerk shall enter plaintiffs' Amended Complaint filed as of the date of entry of this order. Signed by Judge Sarah Evans Barker on 1/10/2018. (CKM) (Entered: 01/10/2018)

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57 Jan. 10, 2018

AMENDED COMPLAINT against MYRA A ELDRIDGE, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON, filed by DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, COMMON CAUSE INDIANA, JOHN WINDLE.(CKM) (Entered: 01/10/2018)

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58 Jan. 23, 2018

NOTICE of Appearance by Vilda Samuel Laurin, III on behalf of Interested Party JENNIFER PING. (Laurin, Vilda) (Entered: 01/23/2018)

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59 Jan. 23, 2018

NOTICE of Appearance by Tyler John Moorhead on behalf of Interested Party JENNIFER PING. (Moorhead, Tyler) (Entered: 01/23/2018)

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60 Jan. 24, 2018

DEFENDANTS' ANSWER to 57 Amended Complaint, filed by MYRA A ELDRIDGE, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON.(Ricchiuto, Anne) (Entered: 01/24/2018)

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61 Jan. 31, 2018

MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 01/31/2018)

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62 Jan. 31, 2018

BRIEF/MEMORANDUM in Support re 61 MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 01/31/2018)

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63 Jan. 31, 2018

Designation of Evidence re 62 Brief/Memorandum in Support of Motion for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Exhibit 1 - Public Records - Part 1 of 2, # 2 Exhibit 1 - Public Records - Part 2 of 2, # 3 Exhibit 2 - SOS Voter Registration and Turnout Report, # 4 Exhibit 3 - MCEB 2016 Minutes, # 5 Exhibit 4 - MCEB Responses to Requests for Admissions, # 6 Exhibit 5 - Population Statistics by County from Census Bureau, # 7 Exhibit 6 - Race Statistics from Census Bureau, # 8 Exhibit 7 - Fraga Report, # 9 Exhibit 8 - Eldridge Deposition Excerpts, # 10 Exhibit 9 - Hoff Deposition Excerpts)(Groth, William) (Entered: 01/31/2018)

8

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64 Jan. 31, 2018

STIPULATION TO AUTHENTICITY AND ADMISSIBILITY OF CERTAIN PUBLIC RECORDS, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 01/31/2018)

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65 Feb. 6, 2018

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kelly Suzanne Thompson hereby notifies the Clerk of the court of changed contact information. (Thompson, Kelly) (Entered: 02/06/2018)

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66 Feb. 15, 2018

RESPONSE in Opposition re 61 MOTION for Preliminary Injunction, filed by Defendants MYRA A ELDRIDGE, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON. (Attachments: # 1 Exhibit A Eldridge Deposition, # 2 Exhibit B Ping Deposition, # 3 Exhibit C Delaney Declaration)(Ricchiuto, Anne) (Entered: 02/15/2018)

1 Exhibit A Eldridge Deposition

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2 Exhibit B Ping Deposition

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3 Exhibit C Delaney Declaration

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67 Feb. 15, 2018

MOTION for Leave to File Amicus Curiae Brief in Response to Motion for Preliminary Injunction, filed by Intervenor Defendant STATE OF INDIANA. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Findley, Bryan) (Entered: 02/15/2018)

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68 Feb. 22, 2018

REPLY in Support of Motion re 61 MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Groth, William) (Entered: 02/22/2018)

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69 Feb. 22, 2018

Designation of Evidence re 68 Reply in Support of Motion (Supplemental), filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Affidavit John Windle, # 2 Affidavit Julie Petrison)(Groth, William) (Entered: 02/22/2018)

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70 March 16, 2018

Statement of Defenses by MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Ricchiuto, Anne) (Entered: 03/16/2018)

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71 March 21, 2018

SCHEDULING ORDER- Motion for Preliminary Injunction Hearing set for 4/27/2018 at 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 3/21/2018.(CBU) (Entered: 03/21/2018)

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72 March 26, 2018

Unopposed MOTION for Continuance of Hearing, filed by Defendants MYRA A ELDRIDGE, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON. (Attachments: # 1 Text of Proposed Order)(Chinn, Anthony) (Entered: 03/26/2018)

1 Text of Proposed Order

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73 March 28, 2018

ORDER - granting 72 Motion for Continuance; In light of the time exigencies implicit in the litigation, Motion for Preliminary Injunction Hearing is advanced to 4/19/2018 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 3/28/2018. (CKM) (Entered: 03/28/2018)

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74 April 12, 2018

SCHEDULING ORDER - The Court on its own motion, hereby VACATES the hearing on Plaintiff's Motion for Preliminary Injunction Dkt. 61 currently set for Thursday, April 19, 2018 at 10:15 a.m. in Courtroom 216, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. (CKM) (Entered: 04/12/2018)

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75 April 16, 2018

Designation of Evidence re 61 MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Exhibit 12 - Critchlow Affidavit, # 2 Exhibit 13 - Vaughn Affidavit)(Groth, William) (Entered: 04/16/2018)

1

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2

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76 April 25, 2018

OPINION AND ORDER - ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DKTS. 61, 67); We DENY 61 Plaintiffs' motion as it relates to the May 2018 primary election. We GRANT Plaintiffs' motion for a preliminary injunction as it relates to the November 2018 general election. The injunction will issue by separate order. We DENY 67 the State's motion to file a brief as amicus curiae. Signed by Judge Sarah Evans Barker on 4/25/2018. (CKM) (Entered: 04/25/2018)

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77 April 25, 2018

PRELIMINARY INJUNCTION - For the reasons stated in our contemporaneously issued Order, Defendants are hereby MANDATED to establish two satellite voting locations, within the meaning and according to the form of Indiana Code ยง 3-11-10-26(a)(2) and Indiana Code ยง 3-11-10-26.3(a), for early in-person voting in Marion County, Indiana, in time for the November 2018 general election. Signed by Judge Sarah Evans Barker on 4/25/2018. (CKM) (Entered: 04/25/2018)

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78 May 3, 2018

Joint MOTION for Extension to Time to Extend Certain Remaining Case Management Deadlines, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Text of Proposed Order)(Groth, William) Modified on 5/4/2018 (CKM). (Entered: 05/03/2018)

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79 May 10, 2018

ORDER granting Parties' 78 Joint Motion to extend certain remaining case management deadlines. IT IS HEREBY ORDERED that the non- expert witness and liability discovery deadline is August 2, 2018, the dispositive motion deadline is September 2, 2018, and the deadline to file final witness and exhibit lists is November 2, 2018. Signed by Magistrate Judge Tim A. Baker on 5/10/2018. (SWM) (Entered: 05/11/2018)

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80 May 10, 2018

SCHEDULING ORDER: Status Conference set for 6/28/2018 02:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229- 3660. The purpose of this conference is to address case status and resolution. Signed by Magistrate Judge Tim A. Baker on 5/10/2018.(SWM) (Entered: 05/11/2018)

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81 May 23, 2018

NOTICE OF SUBSTITUTION OF PARTY, filed by Defendants MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON (Ricchiuto, Anne) (Entered: 05/23/2018)

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82 May 29, 2018

ORDER Acknowledges re 81 Notice of Substitution of Counsel filed by MAURA HOFF, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON, MYRA A ELDRIDGE, KEITH JOHNSON, BRYCE CARPENTER added. MELISSA A. THOMPSON (in her official capacity as a member of the Marion County Election Board) terminated. (Marginal Notation). Signed by Judge Sarah Evans Barker on 5/29/2018.(MAC) (Entered: 05/29/2018)

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84 June 28, 2018

ORDER ON JUNE 28, 2018, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel June 28, 2018, for a telephonic status conference. Discussion was held regarding settlement, and related matters. The parties shall file an agreed motion for entry of a consent decree by July 3, 2018. The Court anticipates the proposed consent decree will resolve all remaining issues in the case. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 06/28/2018)

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85 July 3, 2018

Joint MOTION to Approve Consent Decree, filed by Defendants BRYCE CARPENTER, MYRA A ELDRIDGE, MAURA HOFF, KEITH JOHNSON, CONNIE LAWSON, MARION COUNTY ELECTION BOARD, MELISSA A. THOMPSON. (Attachments: # 1 Text of Proposed Order Consent Decree)(Chinn, Anthony) (Entered: 07/03/2018)

1 Text of Proposed Order Consent Decree

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86 July 10, 2018

ORDER - approving 85 Joint Motion to Approve Consent Decree; *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 7/10/2018. (CKM) (Entered: 07/11/2018)

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87 July 23, 2018

MOTION for Extension of Time to 08/21/2018 to File Motion for Fees and Costs, filed by Plaintiffs COMMON CAUSE INDIANA, DORIS A MCDOUGAL, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, JOHN WINDLE. (Attachments: # 1 Text of Proposed Order)(Groth, William) (Entered: 07/23/2018)

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88 July 25, 2018

ORDER granting Plaintiff's 87 Motion for Extension of Time to File Motion for Fees and Costs to 8/21/2018. Signed by Magistrate Judge Tim A. Baker on 7/25/2018. (SWM) (Entered: 07/25/2018)

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89 Aug. 7, 2018

MOTION to Amend/Correct 86 Order on Motion to Approve Consent Decree, filed by Intervenor Defendant STATE OF INDIANA. (Thompson, Kelly) (Entered: 08/07/2018)

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90 Aug. 7, 2018

MOTION for Extension of Time to September 10, 2018 in which to 86 Order on Motion to Appeal, filed by Intervenor Defendant STATE OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) (Entered: 08/07/2018)

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91 Aug. 8, 2018

RESPONSE in Opposition re 89 MOTION to Amend/Correct 86 Order on Motion to Approve Consent Decree, filed by Defendants BRYCE CARPENTER, MYRA A ELDRIDGE, KEITH JOHNSON, MARION COUNTY ELECTION BOARD. (Attachments: # 1 Exhibit Resolution No. 05-18, # 2 Exhibit Resolution No. 06-18)(Ricchiuto, Anne) (Entered: 08/08/2018)

1 Exhibit Resolution No. 05-18

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2 Exhibit Resolution No. 06-18

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92 Aug. 9, 2018

ORDER - denying 89 Motion to Alter or Amend Judgment *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 8/9/2018. (CKM) (Entered: 08/09/2018)

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93 Aug. 9, 2018

ORDER - denying as moot 90 Motion for Extension of Time to Appeal ; If the State acts on its stated intention to file an appeal, that opportunity still exists for the next thirty days, though the grounds for an appeal in a case involving no statute or act of the State remain obscure to us. Because this result is precisely the outcome sought by the State's instant motion, it is denied as moot. Signed by Judge Sarah Evans Barker on 8/9/2018. *** SEE ORDER *** (CKM) (Entered: 08/09/2018)

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94 Aug. 9, 2018

FINAL JUDGMENT in favor of Plaintiff's against Defendant's; The Court hereby enters final judgment in Plaintiffs' favor, in line with the July 10, 2018, consent decree. Accordingly, Defendants, their officers, agents, servants, employees, and attorneys are enjoined. Signed by Judge Sarah Evans Barker on 8/9/2018. *** SEE ORDER *** (CKM) (Entered: 08/09/2018)

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95 Aug. 9, 2018

REPLY in Support of Motion re 89 MOTION to Amend/Correct 86 Order on Motion to Approve Consent Decree, filed by Intervenor Defendant STATE OF INDIANA. (Thompson, Kelly) (Entered: 08/09/2018)

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96 Aug. 9, 2018

NOTICE OF APPEAL as to 86 Consent Decree, 94 Closed Judgment, filed by Intervenor Defendant STATE OF INDIANA. (Filing fee $505, receipt number 0756-5010440) (Thompson, Kelly) Modified on 8/10/2018 to add to related document (MAT). (Entered: 08/09/2018)

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97 Aug. 9, 2018

DOCKETING STATEMENT by STATE OF INDIANA re 96 Notice of Appeal (Thompson, Kelly) (Entered: 08/09/2018)

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98 Aug. 9, 2018

SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by STATE OF INDIANA re 96 Notice of Appeal (Thompson, Kelly) (Entered: 08/09/2018)

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99 Aug. 10, 2018

PARTIES' SHORT RECORD re 96 Notice of Appeal - Instructions for Attorneys/Parties attached. (MAT) (Entered: 08/10/2018)

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100 Aug. 10, 2018

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 96 Notice of Appeal. - for Court of Appeals Use Only. (MAT) (Entered: 08/10/2018)

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101 Aug. 10, 2018

NOTICE of Substitution of Party on behalf of MARION COUNTY ELECTION BOARD, Michael Solari, Bryce Carpenter and Myla A. Eldridrge filed by (Pulliam, Daniel) Modified on 8/10/2018 (CKM). Modified on 8/10/2018 (CKM). (Entered: 08/10/2018)

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Case Details

State / Territory:

Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 2, 2017

Closing Date: July 12, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Common Cause Indiana, an organization that had worked to expand voter registration and equal access to voting and had approximately 2,500 members who voted in Marion County, Indiana; and the NAACP

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Indiana Secretary of State

Other

Marion County Election Board

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Southern District of Indiana 1:17-cv-01388

U.S. Court of Appeals for the Seventh Circuit 18-02735

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2018 - 2019

Issues

Voting:

Voting: Physical/Effective Access

Recommended Citation