Summary of Hearing
Judge Leichty conducted a hearing yesterday on all of the outstanding motions yesterday, and I wanted to take a minute to update you on his rulings and the next steps in the IU Vaccine Mandate case:
- The judge granted our motion to expedite the briefing, discovery, and hearing on our preliminary injunction hearing;
- As to our discovery requests, the judge ordered:
- (a) IU must respond by July 2 to the COVID statistic related questions we requested to IU and the it must provide the report it submitted to ISDH;
- (b) IU does not need to respond to the non-COVID statistic related requests we made (other causes of injury, death, etc.);
- (c) Since IU is ordered to provide the report it submits to ISDH, the judge denied our request to serve ISDH with a subpoena; and
- (d) We will be conferencing with IU on Tuesday morning to determine which of our records requests related to IU’s deliberative process in determining the mandate can/should be produced with the expedited schedule in mind.
- We withdrew our motion to consolidate the preliminary injunction hearing with the trial on the merits (as the judge was going to deny it);
- Our expert report and disclosure is due June 28, 2021;
- IU’s expert disclosures (if any) are due July 1, 2021;
- IU’s response to our preliminary injunction is due on July 2;
- Our reply in support of our preliminary injunction motion is due July 6;
- Discovery will be closed on July 9th;
- Evidence must be submitted to the court by July 12th; and
- A hearing on the preliminary injunction will be held on July 13th at 1:30pm.
Judge Leichty has promised a decision the week of July 12th (after the hearing). Of course, we will keep you updated on any developments as they occur.
Melena S. Siebert
The Bopp Law Firm, PC | www.bopplaw.com
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