Monday, September 15, 2014
I had missed that in March the 7th circuit reversed dismissal of Mulholland v Marion County Election Board.
http://www.gpo.gov/fdsys/granule/USCOURTS-ca7-13-03027/USCOURTS-ca7-13-03027-0
Filed opinion of the court by Judge Hamilton. Because the district court erred in dismissing the case under Younger, weREVERSE that decision and REMAND for further proceedings, with the additional instruction that the district court consider promptly whether to issue a preliminary injunction against the Board, keeping in mind the primary election scheduled for May 6, 2014. Nothing in this opinion should be understood to prevent the Election Board from making any arguments it wishes to make about changes in applicable law or other circumstances preventing application of issue preclusion based on the Ogden final judgment. Such arguments, though, will need to be raised in the federal court. The mandate shall issue immediately. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and David F. Hamilton, Circuit Judge. [6561061-1] [6561061] [13-3027]
Zach Mulholland ran for the same legislative district I did, in 2012, and had his brochures seized illegally by the board. I will now try to find out where the case currently stands.
http://www.indystar.com/story/news/politics/2014/03/20/us-appeals-court-reinstates-challenge-indiana-elections-law/6660835/
via marcia oddi here's the full 7th circuit opinion 17 pages
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D03-20/C:13-3027:J:Hamilton:aut:T:fnOp:N:1311081:S:0
my earlier coverage was here:
http://ballots.blogspot.com/2013/07/legal-fees-mount-in-candidates-lawsuit.html
http://www.ogdenonpolitics.com/2014/02/seventh-circuit-hears-mulholland.html
paul ogden links to the 7th circuit hearing audio.
more ogden:
We atorneys are officers of the court. We are obligated to follow the orders of the court, regardless of whether we like them. The knowing failure to do so is contemptuous, a direct affront to the authority of the court. These attorneys knowingly violated a federal court order to harm a person they knew perfectly well would have no satisfactory remedy after the election. Judge Barker should issue a Rule to Show Cause and bring every one of those attorneys who acted to adopt and enforce the illegal Board decision to seize Mulholland's literature into her courtroom to explain why they should not be held in contempt of court for their conduct.
I didn't realize that Ogden and Mulholland are or were in some litigation together, seeking access to voting lists.
http://indianalawblog.com/documents/Bowes.Complaint.pdf
earlier coverage of mulholland case by advance indiana blog
http://advanceindiana.blogspot.com/search?q=mulholland
ok, found the case on pacer. there is a settlement conference 9./30
gavin rose/ken falk at the iclu are counsel.
https://ecf.insd.uscourts.gov/cgi-bin/DktRpt.pl?475226788005618-L_1_0-1
wednesday updates:
Hi Robbin --
Thanks for the note. You are correct that the Court set a settlement conference in this case. I, of course, have no idea whether the case will be resolved then. If it is not, the case is fully briefed on summary judgment and simply waiting for the Court's decision -- and we'll just have to see what the Judge does.
Best, Gavin
http://www.gpo.gov/fdsys/granule/USCOURTS-ca7-13-03027/USCOURTS-ca7-13-03027-0
Filed opinion of the court by Judge Hamilton. Because the district court erred in dismissing the case under Younger, weREVERSE that decision and REMAND for further proceedings, with the additional instruction that the district court consider promptly whether to issue a preliminary injunction against the Board, keeping in mind the primary election scheduled for May 6, 2014. Nothing in this opinion should be understood to prevent the Election Board from making any arguments it wishes to make about changes in applicable law or other circumstances preventing application of issue preclusion based on the Ogden final judgment. Such arguments, though, will need to be raised in the federal court. The mandate shall issue immediately. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and David F. Hamilton, Circuit Judge. [6561061-1] [6561061] [13-3027]
Zach Mulholland ran for the same legislative district I did, in 2012, and had his brochures seized illegally by the board. I will now try to find out where the case currently stands.
http://www.indystar.com/story/news/politics/2014/03/20/us-appeals-court-reinstates-challenge-indiana-elections-law/6660835/
via marcia oddi here's the full 7th circuit opinion 17 pages
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D03-20/C:13-3027:J:Hamilton:aut:T:fnOp:N:1311081:S:0
my earlier coverage was here:
http://ballots.blogspot.com/2013/07/legal-fees-mount-in-candidates-lawsuit.html
http://www.ogdenonpolitics.com/2014/02/seventh-circuit-hears-mulholland.html
paul ogden links to the 7th circuit hearing audio.
more ogden:
We atorneys are officers of the court. We are obligated to follow the orders of the court, regardless of whether we like them. The knowing failure to do so is contemptuous, a direct affront to the authority of the court. These attorneys knowingly violated a federal court order to harm a person they knew perfectly well would have no satisfactory remedy after the election. Judge Barker should issue a Rule to Show Cause and bring every one of those attorneys who acted to adopt and enforce the illegal Board decision to seize Mulholland's literature into her courtroom to explain why they should not be held in contempt of court for their conduct.
I didn't realize that Ogden and Mulholland are or were in some litigation together, seeking access to voting lists.
http://indianalawblog.com/documents/Bowes.Complaint.pdf
earlier coverage of mulholland case by advance indiana blog
http://advanceindiana.blogspot.com/search?q=mulholland
ok, found the case on pacer. there is a settlement conference 9./30
gavin rose/ken falk at the iclu are counsel.
| MOTION Defendant's Motion to Certify Questions of State Law to the Indiana Supreme Court, filed by Defendant MARION COUNTY ELECTION BOARD. (Townsend, Alan) (Entered: 06/24/2014) | ||
| 06/24/2014 | 60 | REPLY in Support of Motion re 47 MOTION for Summary Judgment , filed by Plaintiff ZACHARY MULHOLLAND. (Attachments: # 1 Affidavit -Supplemental- Zachary Mulholland)(Falk, Kenneth) (Entered: 06/24/2014) |
| 07/03/2014 | 61 | RESPONSE in Opposition re 59 MOTION Defendant's Motion to Certify Questions of State Law to the Indiana Supreme Court , filed by Plaintiff ZACHARY MULHOLLAND. (Attachments: # 1 Exhibit Ogden- State's Memo. in Opp. to Pre. Inj., # 2 Exhibit Ogden- Pre. In. Resp. of Election Bd.)(Falk, Kenneth) (Entered: 07/03/2014) |
| 07/11/2014 | 62 | REPLY in Support of Motion re 59 MOTION Defendant's Motion to Certify Questions of State Law to the Indiana Supreme Court , filed by Defendant MARION COUNTY ELECTION BOARD. (Townsend, Alan) (Entered: 07/11/2014) |
| 07/17/2014 | 63 | SCHEDULING ORDER-TELEPHONIC Status Conference set for 8/8/2014 09:20 AM before Magistrate Judge Mark J. Dinsmore to discuss case status. Signed by Magistrate Judge Mark J. Dinsmore on 7/17/2014.(CBU) (Entered: 07/18/2014) |
| 08/12/2014 | 65 | MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 8/8/2014. The parties discussed possibilities for settlement. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 08/12/2014) |
| 08/26/2014 | 66 | SCHEDULING ORDER- Settlement Conference set for 9/30/2014 01:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 8/26/2014.(CBU) (Entered: 08/26/2014) |
wednesday updates:
Hi Robbin --
Thanks for the note. You are correct that the Court set a settlement conference in this case. I, of course, have no idea whether the case will be resolved then. If it is not, the case is fully briefed on summary judgment and simply waiting for the Court's decision -- and we'll just have to see what the Judge does.
Best, Gavin
|
1:17 PM (11 hours ago)
 | | ||
Robbin,
Thanks for your email. I will take a look.
CW
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