7th Cir. 15-1720 Docket
Hively v. Ivy Tech Community College
No. 15-1720, Case History
Court: U.S. Court of Appeals for the Seventh Circuit
Panel: Circuit Judges William J. Bauer,, Kenneth F. Ripple, and Ilana Diamond Rovner
En Banc Panel: Chief Judge Wood; Circuit Judges Bauer, Posner, Flaum, Easterbrook, Ripple, Kanne, Rovner, Williams, and Hamilton
| Date Filed | # | Docket Text |
| 04/02/2015 | 1 | Private civil case docketed. Fee paid. Docketing Statement due for Appellant Kimberly Hively by 04/09/2015. Transcript information sheet due by 04/16/2015. Appellant’s brief due on or before 05/12/2015 for Kimberly Hively. [1] [6652635] [15-1720] (DAM) |
| 04/09/2015 | 2 | Added Attorney(s) Gregory R. Nevins for party(s) Appellant Kimberly Hively, in case 15-1720 per disclosure statement. Disclosure Statement filed by Attorney Gregory R. Nevins for Appellant Kimberly Hively. [2] [6654176] (L-Yes; E-Yes; R-No) [15-1720]–[Edited 04/09/2015 by AD to reflect the addition of counsel.] (Nevins, Gregory) |
| 04/09/2015 | 3 | Docketing Statement filed by Appellant Kimberly Hively. Prior or Related proceedings: No. [3] [6654231] [15-1720] (Nevins, Gregory) |
| 04/10/2015 | 4 | Appearance form filed by Attorney Jason T. Clagg for Appellee Ivy Tech Community College. [4] [6654671] (L-Yes; E-Yes; R-No) [15-1720]–[Attorney Clagg added 04/10/2015 by JR.] (Clagg, Jason) |
| 04/16/2015 | 5 | Filed Seventh Circuit Transcript Information Sheet by Appellant Kimberly Hively. [5] [6655856] [15-1720] (Nevins, Gregory) |
| 04/21/2015 | 6 | Docketing Statement filed by Appellee Ivy Tech Community College. Prior or Related proceedings: No. [6] [6657151] [15-1720] (Clagg, Jason) |
| 05/12/2015 | 7 | Submitted appellant brief by Gregory R. Nevins for Appellant Kimberly Hively. [7] [6662383] [15-1720] (Nevins, Gregory) |
| 05/12/2015 | 8 | Motion filed by Appellant Kimberly Hively to hear case initially en banc. [8] [6662385] [15-1720] (Nevins, Gregory) |
| 05/12/2015 | 9 | Brief deficiency letter sent to Appellant Kimberly Hively. [9] [6662482] [15-1720] (RT) |
| 05/12/2015 | 11 | Appellant’s brief filed by Appellant Kimberly Hively. Appellee’s brief due on or before 06/11/2015 for Ivy Tech Community College. THIRTY (30) PAPER COPIES due on 05/27/2015 Electronically Transmitted. [11] [6664096] [15-1720] (RT) |
| 05/19/2015 | 10 | Re-Submitted appellant brief by Gregory R Nevins for Appellant Kimberly Hively. [10] [6664040] [15-1720] (Nevins, Gregory) |
| 06/10/2015 | 12 | ORDER re: Motion for initial en banc consideration of appeal. No judge in active service has requested a vote on the petition for hearing en banc. Accordingly, the petition for initial en banc hearing is DENIED. [8] JKL [12] [6669567] [15-1720] (ER) |
| 06/11/2015 | 13 | Added Attorney(s) John Robert Maley for party(s) Appellee Ivy Tech Community College, in case 15-1720 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John R. Maley for Appellee Ivy Tech Community College. [13] [6669770] (L-No; E-Yes; R-No) [15-1720]–[Edited 06/11/2015 by AD to reflect the addition of counsel.] (Maley, John) |
| 06/11/2015 | 14 | Submitted appellee brief by Jason T. Clagg (Attorney) for Appellee Ivy Tech Community College. [14] [6669883] [15-1720] (Clagg, Jason) |
| 06/11/2015 | 15 | Appellee’s brief filed by Appellee Ivy Tech Community College. Paper copies due on 06/19/2015 Electronically Transmitted. [15] [6670094] [15-1720] (CO) |
| 06/15/2015 | 16 | Notice to the District Court to transmit the record on appeal. [16] [6670361] [15-1720] (RS) |
| 06/16/2015 | 17 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Adam L. Bartrom for Appellee Ivy Tech Community College. [17] [6670820] (L-No; E-Yes; R-No) [15-1720] (Bartrom, Adam) |
| 06/19/2015 | 18 | Original record on appeal filed electronically. Contents of record : 1 vol. of pleadings. [18] [6671590] [15-1720] (SP) |
| 06/25/2015 | 19 | Submitted appellant reply brief by Gregory R. Nevins for Appellant Kimberly Hively. [19] [6673344] [15-1720] (Nevins, Gregory) |
| 06/25/2015 | 20 | Appellant’s reply brief filed by Appellant Kimberly Hively. Paper copies due on 07/06/2015 Electronically Transmitted. [20] [6673414] [15-1720] (ACB) |
| 07/09/2015 | 21 | NOTICE: Attorney Gregory R. Nevins for Appellant Kimberly Hively will not be available for oral argument August 10-14, 2015. [21] [6676544] [15-1720] (Nevins, Gregory) |
| 07/17/2015 | 22 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). [22] [6678753] [15-1720] (Nevins, Gregory) |
| 07/21/2015 | 23 | Filed Response by Appellee Ivy Tech Community College to Appellant’s Supplemental Authority. [23][6679349] [15-1720] (Clagg, Jason) |
| 08/13/2015 | 24 | Argument set for Wednesday, September 30, 2015, at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 15 minutes. [24] [6684643] [15-1720] (RS) |
| 08/13/2015 | 25 | Received argument confirmation from John R. Maley for Appellee Ivy Tech Community College. [25] [6684709] [15-1720] (Maley, John) |
| 08/21/2015 | 26 | Received argument confirmation from Gregory R. Nevins for Appellant Kimberly Hively. [26] [6686985] [15-1720] (Nevins, Gregory) |
| 09/28/2015 | 27 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). [27] [6695816] [15-1720] (Maley, John) |
| 09/28/2015 | 28 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). [28] [6695874] [15-1720] (Maley, John) |
| 09/30/2015 | 29 | Case heard and taken under advisement by panel: William J. Bauer, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Ilana Diamond Rovner, Circuit Judge. [29] [6696493] [15-1720] (NR) |
| 09/30/2015 | 30 | Case argued by Gregory R. Nevins for Appellant Kimberly Hively and Mr. John Robert Maley for Appellee Ivy Tech Community College. [30] [6696494] [15-1720] (NR) |
| 12/16/2015 | 31 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 09/30/2015. [31] [6715353] [15-1720] (Nevins, Gregory) |
| 12/21/2015 | 32 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). [32] [6716097] [15-1720] (Maley, John) |
| 12/29/2015 | 33 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 09/30/2015. [33] [6717733] [15-1720] (Nevins, Gregory) |
| 07/28/2016 | 34 | Filed opinion of the court by Judge Rovner. AFFIRMED. William J. Bauer, Circuit Judge; Kenneth F. Ripple, Circuit Judge, concurring and Ilana Diamond Rovner, Circuit Judge. [34] [6771508] [15-1720]–[Edited 10/11/2016 by AD] VACATED, per the court’s 10/11/16 order. (AP) |
| 07/28/2016 | 35 | ORDER: Final judgment filed per opinion. With costs: yes. [35] [6771513] [15-1720]–[Edited 10/11/2016 by AD] VACATED, per the court’s 10/11/16 order. (AP) |
| 08/03/2016 | 36 | ORDER: The opinion of this Court issued on 07/28/2016 is amended as follows: On page 7 of the opinion, the word “discrimination” should be inserted between the words “orientation” and “in” so that the complete sentence which begins on page 6 and carries over to page 7 reads as follows: Moreover, Congress has not acted to amend Title VII even in the face of an abundance of judicial opinions recognizing an emerging consensus that sexual orientation discrimination in the workplace can no longer be tolerated. [36] [6772736] [15-1720] (VG) |
| 08/08/2016 | 37 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Omar Gonzalez-Pagan for Appellant Kimberly Hively. [37] [6773959] (L-No; E-Yes; R-No) [15-1720]–[Edited 08/09/2016 by MM to reflect addition of counsel.] (Gonzalez-Pagan, Omar) |
| 08/08/2016 | 38 | Motion filed by Appellant Kimberly Hively to extend time to file petition for rehearing [38] [6773968] [15-1720] (Nevins, Gregory) |
| 08/09/2016 | 39 | ORDER re: Motion for 14-day extension of time to petition for rehearing and for rehearing en banc. IT IS ORDERED that the motion is GRANTED. Appellant shall file any petition for rehearing on or before August 25, 2016. [38] EAH [39] [6774233] [15-1720] (AP) |
| 08/24/2016 | 40 | Submitted brief by Mary L. Bonauto for Appellant Kimberly Hively. Consent from all parties contained within brief. [40] [6777838] [15-1720] (Bonauto, Mary) |
| 08/24/2016 | 41 | THIS ENTRY HAS BEEN REMOVED AS ENTERED IN ERROR |
| 08/25/2016 | 42 | Submitted brief by Gail S. Coleman for amicus U.S. Equal Employment Opportunity Commission. Federal or state filer (consent unnecessary). [42] [6777936] [15-1720] (Coleman, Gail) |
| 08/25/2016 | 43 | Filed Non-Party Motion for leave to file amicus curiae brief in support of Plaintiff-Appellant’s petition for rehearing by U.S. Equal Employment Opportunity Commission Brief tendered with motion. [6777982] [15-1720]–[Edited 08/25/2016 by MM to reflect that brief accompanies the motion.] (Coleman, Gail) |
| 08/25/2016 | 44 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ria Tabacco Mar for NON-PARTY American Civil Liberties Union; ACLU of Indiana; 9to5, National Association of Working Women; A Better Balance; California Women’s Law Center; Coalition of Labor Union Women; Equal Rights Advocates; Feminist Majority Foundation; Gender Justice. Additional Parties: Legal Voice; National Partnership For Women & Families; National Women’s Law Center; Southwest Women’s Law Center; Women Employed; Women’s Law Center of Maryland; Women’s Law Project. [44] [6778113] (L-Yes; E-Yes; R-No) [15-1720]–[Edited 08/26/2016 by AP- to reflect NON-PARTY] (Tabacco Mar, Ria) |
| 08/25/2016 | 45 | Filed Non-Party Motion to file Amici Curiae Brief by American Civil Liberties Union; ACLU of Indiana; 9to5, National Association of Working Women; A Better Balance; California Women’s Law Center; Coalitio of Labor Union Women; Equal Rights Advocates; Feminist Majority Foundation; Gender Justicel; et al. [6778117] [15-1720]–[Edited 08/26/2016 by AP- to reflect that the brief is tendered] (Tabacco Mar, Ria) |
| 08/25/2016 | 46 | Submitted petition for rehearing enbanc by Omar Gonzalez-Pagan for Appellant Kimberly Hively. [46] [6778127] [15-1720] (Gonzalez-Pagan, Omar) |
| 08/25/2016 | 47 | Filed Non-Party Motion for leave to file amicus brief in support of Plaintiff-Appellant’s petition for rehearing and rehearing en banc by National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders. Brief tendered with motion. by. [6778129] [15-1720] (Bonauto, Mary) |
| 08/25/2016 | 48 | Filed Non-Party Motion of Five Members of Congress as Amici Curiae for Leave to File an Eleven-Page Brief in Support of Plaintiff-Appellants Petition for Rehearing by Senators Jeffrey A. Merkley, Tammy Baldwin and Cory A. Booker and Representatives David N. Cicilline and Mark Takano. [6778134] [15-1720]–[Edited 08/26/2016 by AP- to reflect brief is tendered] (Chesler, Evan) |
| 08/25/2016 | 49 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Evan Chesler for NON-PARTY U.S. Senators Jeffrey A. Merkley, Tammy Baldwin and Cory A. Booker and U.S. Representatives David N. Cicilline and Mark Takano. [49] [6778136] (L-Yes; E-Yes; R-No) [15-1720]–[Edited 08/26/2016 by AP- to reflect NON-PARTY] (Chesler, Evan) |
| 08/25/2016 | 50 | Filed Petition for Rehearing and Petition for Rehearing Enbanc by Appellant Kimberly Hively , per order. Paper copies due on 08/29/2016 [50] [6778382] [15-1720] (SP) |
| 08/29/2016 | 51 | INSTANTER ORDER re: 1. Motion of the United States Equal Employment Opportunity Commission as Amicus Curiae for leave to file eleven-page brief in support of Hively’s petition for rehearing and suggestion for rehearing en banc. 2. Motion of American Civil Liberties Union; ACLU of Indiana; 9to5, National Association of Working Women; A Better Balance; California Women’s Law Center; Coalition of Labor Union Women; Equal Rights Advocates; Feminist Majority Foundation; Gender Justice; Legal Voice; National Partnership for Women & Families; National Women’s Law Center; Southwest Women’s Law center; Women Employed; Women’s Law Center of Maryland; and Women’s Law Project for leave to file an amici curiae brief not exceeding fifteen pages in support of plaintiff-appellant’s petition for panel rehearing or rehearing en banc. 3. Motion of National Legal Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders to file amicus brief in support of appellant’s petition for panel rehearing and rehearing en banc. 4. Motion of five members of Congress as amici curiae for leave to file an eleven-age brief in support of plaintiff-appellant’s petition for reharing. The motions for leave to file amicus briefs are GRANTED. The clerk of this court shall file the tendered amicus briefs INSTANTER. The amici curiae shall file paper copies of the tendered briefs on or before 8/29/16. EAH [43] [45] [47] [48] [51] [6778466] [15-1720] (VG) |
| 08/29/2016 | 52 | Amicus brief filed by Amicus Curiae EEOC, per order. Paper copies due on 08/29/2016 Electronically Transmitted. [52] [6778504] [15-1720] (SK) |
| 08/29/2016 | 53 | Amicus brief filed by Amici Curiae GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights, per order. Paper copies due on 08/29/2016 Electronically Transmitted. [53] [6778526] [15-1720] (NR) |
| 08/29/2016 | 54 | Amicus brief filed by Amicus Curiae America Civil Liberties Union per order. Paper copies due on 08/29/2016 Electronically Transmitted. [54] [6778531] [15-1720]–[Edited to reflect ORDER indicating due date for paper copies 08/29/2016 by ACB] (ACB) |
| 08/29/2016 | 55 | Amicus brief filed by Amicus Curiae Five Members of Congress per order. Paper copies due on 08/29/2016 Electronically Transmitted. [55] [6778601] [15-1720] (GW) |
| 08/29/2016 | 56 | Sent clerk’s copy of request to Appellee Ivy Tech Community College requesting 30 copies of their answer to the Petition for Rehearing and Petition for Rehearing Enbanc filed by Appellant Kimberly Hively on 08/25/2016. Answer to Petition for Rehearing due for Appellee Ivy Tech Community College by 09/12/2016. [6778754] [15-1720] (CD) |
| 09/12/2016 | 57 | Submitted appellee brief by Jason T. Clagg for Appellee Ivy Tech Community College. [57] [6781891] [15-1720] (Clagg, Jason) |
| 09/12/2016 | 58 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jason T. Clagg for Appellee Ivy Tech Community College. [58] [6781893] (L-Yes; E-Yes; R-No) [15-1720] (Clagg, Jason) |
| 09/12/2016 | 59 | Filed Answer to Petition for Rehearing and Petition for Rehearing Enbanc by Appellee Ivy Tech Community College, per order. [59] [6782131] Paper copies due on 09/15/2016 [15-1720] (CO) |
| 10/11/2016 | 60 | ORDER: Appellant Kimberly Hively Petition for Rehearing and Petition for Rehearing Enbanc is GRANTED, and the panel’s opinion and judgment are VACATED. [50] The court will announce the date for oral argument in a separate order. [60] [6789190] [15-1720] (AD) |
| 10/11/2016 | 61 | En Banc Argument set for Wednesday, November 30, 2016, at 10:00 a.m. in the Ceremonial Courtroom, Room 2525. Each side limited to 30 minutes. [61] [6789293] [15-1720] (RS) |
| 10/12/2016 | 62 | The Court, having granted the Petition for Rehearing Enbanc, requests that counsel resubmit 35 copies of all briefs, appendices and citations of authority to the Clerks Office. Paper copies due on 10/19/2016 [62] [6789590] [15-1720] (GW) |
| 10/13/2016 | 63 | Motion filed by Amicus Curiae EEOC to participate in oral argument on time ceded by plaintiff-appellant. [63] [6789871] [15-1720] (Coleman, Gail) |
| 10/14/2016 | 64 | ORDER issued GRANTING Unopposed Motion of Amicus Curiae United States Equal Employment Opportunity Commission for Leave to Present Oral Argument on Time Ceded by Plaintiff-appellant. [63] The Equal Employment Opportunity Commission is granted leave to participate in oral argument as amicus curiae. Pursuant to the agreement with the appellant, the EEOC shall use a portion of the oral argument time allotted to the appellant. The clerk of the court shall distribute a copy of this order to the en banc panel. EAH [64] [6790208] [15-1720] (AD) |
| 10/24/2016 | 65 | Received argument confirmation from Gregory R Nevins/Gail Coleman for Appellant Kimberly Hively. [65] [6792115] [15-1720] (Nevins, Gregory) |
| 10/25/2016 | 66 | En Banc Argument reset for Wednesday, November 30, 2016 at 9:30 a.m. in the Ceremonial Courtroom, Room 2525. Each side limited to 30 minutes. [66] [6792483] [15-1720] (RS) |
| 10/25/2016 | 67 | Received argument confirmation from John R. Maley for Appellee Ivy Tech Community College. [67] [6792634] [15-1720] (Clagg, Jason) |
| 11/08/2016 | 68 | Filed Amicus Curiae EEOC Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 11/30/2016. [68] [6796224] [15-1720] (Coleman, Gail) |
| 11/14/2016 | 69 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 11/30/2016. [69] [6797568] [15-1720] (Gonzalez-Pagan, Omar) |
| 11/22/2016 | 70 | En Banc Argument reset for Wednesday, November 30, 2016 at 10:00 a.m. in the Ceremonial Courtroom, Room 2525. Each side limited to 30 minutes. [70] [6799561] [15-1720] (RS) |
| 11/22/2016 | 71 | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jon W. Davidson for Appellant Kimberly Hively. [71] [6799626] (L-No; E-Yes; R-No) [15-1720]–[Edited 11/22/2016 by CR to reflect addition of counsel] (Davidson, Jon) |
| 11/28/2016 | 72 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 11/30/2016. [72] [6799998] [15-1720] (Maley, John) |
| 11/29/2016 | 73 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 11/30/2016. [73] [6800438] [15-1720] (Nevins, Gregory) |
| 11/30/2016 | 74 | Case heard and taken under advisement by panel: Diane P. Wood, Chief Judge; William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge; Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge; Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge; Ann Claire Williams, Circuit Judge; Diane S. Sykes, Circuit Judge and David F. Hamilton, Circuit Judge. [74] [6800920] [15-1720] (NR) |
| 11/30/2016 | 75 | Case argued by Ms. Gail S. Coleman for Amicus Curiae EEOC, Gregory R. Nevins for Appellant Kimberly Hively and Mr. John Robert Maley for Appellee Ivy Tech Community College. [75] [6800923] [15-1720] (NR) |
| 03/13/2017 | 76 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). [76] [6825483] [15-1720] (Maley, John) |
| 03/15/2017 | 77 | Filed Appellant Kimberly Hively Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 11/30/2016. [77] [6826013] [15-1720] (Nevins, Gregory) |
| 03/28/2017 | 78 | Filed Appellee Ivy Tech Community College Citation of Additional Authority, per Circuit Rule 28(e). [78] [6829140] [15-1720] (Maley, John) |
| 04/04/2017 | 79 | Filed opinion of the court by Judge Wood. The judgment of the district court is REVERSED and the case is REMANDED for further proceedings. Diane P. Wood, Chief Judge; William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge, concurring; Joel M. Flaum, Circuit Judge, concurring; Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge; Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge; Ann Claire Williams, Circuit Judge; Diane S. Sykes, Circuit Judge, dissenting and David F. Hamilton, Circuit Judge. (Circuit Judge Flaum, joined by Circuit Judge Ripple, concurring. Circuit Judge Sykes, joined by Circuit Judges Bauer and Kanne, dissenting.) [79] [6831487] [15-1720] (CD) |
| 04/04/2017 | 80 | ORDER: Final judgment filed per opinion. With costs: yes. [80] [6831489] [15-1720] (CD) |
| 04/04/2017 | 81 | INTERNET CITATION NOTE: Material from decision with internet citation. ATTACHED. Judge Flaum Concurrence. [81] [15-1720] (BF) |
| 04/26/2017 | 82 | Mandate issued. No record to be returned. [82] [6836620] [15-1720] (VG) |
| 04/26/2017 | FOR COURT USE ONLY: Certified copy of 04/04/2017 Opinion and Judgment with 4/26/17 Mandate sent to the District Court Clerk. [6836622-2] [6836622] [15-1720] (VG) |
Last updated 09/17/2018
Reconciled with online docket 04/26/2017