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Summary of Hearing

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:

  1.  The judge granted our motion to expedite the briefing, discovery, and hearing on our preliminary injunction hearing;
  2.  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.
  1. We withdrew our motion to consolidate the preliminary injunction hearing with the trial on the merits (as the judge was going to deny it);
  2. Our expert report and disclosure is due June 28, 2021;
  3. IU’s expert disclosures (if any) are due July 1, 2021;
  4. IU’s response to our preliminary injunction is due on July 2;
  5. Our reply in support of our preliminary injunction motion is due July 6;
  6. Discovery will be closed on July 9th;
  7. Evidence must be submitted to the court by July 12th; and
  8. 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
Associate Attorney
The Bopp Law Firm, PC | www.bopplaw.com
The National Building | 1 South 6th Street | Terre Haute, Indiana  47807
voice: (812) 232-2434, ext. 30 | fax: (812) 235-3685
cell: (513) 237-6707 | msiebert@bopplaw.com


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