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Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Nos. 17-1591 and 17-1683 FREEDOM FROM RELIGION ) FOUNDATION, et al. , ) ) Plaintiffs/Appellees and ) Appeal from the United States District Court Cross-Appellants, ) for the Northern District of Indiana ) v. ) Cause No. 3:15-cv-00463-JD-CAN ) CONCORD COMMUNITY SCHOOLS, ) The Honorable Jon E. DeGuilio, Judge ) Defendant/Appellant and ) Cross-Appellee. ) BRIEF OF APPELLEES AND CROSS-APPELLANTS Gavin M. Rose Sam Grover Counsel of Record Ryan Jayne ACLU OF INDIANA FREEDOM FROM RELIGION FOUNDATION 1031 E. Washington St. P.O. Box 750 Indianapolis, IN 46202 Madison, WI 53701 317/635-4059 608/256-8900 <[email protected]> <[email protected]> <[email protected]> Daniel Mach Heather L. Weaver Attorneys for appellees and cross-appellants AMERICAN CIVIL LIBERTIES UNION FOUNDATION 915 15th Street, N.W., Ste. 600 Washington, D.C. 20005 202/675-2330 <[email protected]> <[email protected]> Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Cause No: Nos. 17-1591 and 17-1683 Short Caption: Freedom From Religion Foundation, et al. v. Concord Community Schools To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non- governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement stating the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party’s main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P. 26.1 by completing the item #3): Freedom From Religion Foundation, John Doe (a pseudonym), Jack Doe (a pseudonym), John Roe (a pseudonym), and John Noe (a pseudonym). The actual names of the pseudonymous parties were previously filed with this Court under seal. (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: ACLU of Indiana (Gavin M. Rose), Freedom From Religion Foundation (Sam Grover and Ryan Jayne), and American Civil Liberties Union Foundation (Heather L. Weaver and Daniel Mach) (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and Freedom From Religion Foundation – none; all others – N/A ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: Freedom From Religion Foundation – none; all others – N/A Attorney’s Signature: /s/ Gavin M. Rose Date: June 29, 2017 Attorney’s Printed Name: Gavin M. Rose Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(c): Yes X Address: ACLU of Indiana, 1031 E. Washington St., Indianapolis, IN 46202 Phone Number: (317) 635-4059 Fax Number: (317) 635-4105 E-Mail Address: [email protected] i Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Cause No: Nos. 17-1591 and 17-1683 Short Caption: Freedom From Religion Foundation, et al. v. Concord Community Schools To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non- governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement stating the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party’s main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P. 26.1 by completing the item #3): Freedom From Religion Foundation, John Doe (a pseudonym), Jack Doe (a pseudonym), John Roe (a pseudonym), and John Noe (a pseudonym). The actual names of the pseudonymous parties were previously filed with this Court under seal. (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: ACLU of Indiana (Gavin M. Rose), Freedom From Religion Foundation (Sam Grover and Ryan Jayne), and American Civil Liberties Union Foundation (Heather L. Weaver and Daniel Mach) (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and Freedom From Religion Foundation – none; all others – N/A ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: Freedom From Religion Foundation – none; all others – N/A Attorney’s Signature: /s/ Sam Grover Date: June 29, 2017 Attorney’s Printed Name: Sam Grover Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(c): No X Address: Freedom From Religion Foundation, P.O. Box 750, Madison, WI 53701 Phone Number: (608) 256-8900 Fax Number: (608) 204-0422 E-Mail Address: [email protected] ii Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Cause No: Nos. 17-1591 and 17-1683 Short Caption: Freedom From Religion Foundation, et al. v. Concord Community Schools To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non- governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement stating the following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party’s main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed. R. App. P. 26.1 by completing the item #3): Freedom From Religion Foundation, John Doe (a pseudonym), Jack Doe (a pseudonym), John Roe (a pseudonym), and John Noe (a pseudonym). The actual names of the pseudonymous parties were previously filed with this Court under seal. (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the district court or before an administrative agency) or are expected to appear for the party in this court: ACLU of Indiana (Gavin M. Rose), Freedom From Religion Foundation (Sam Grover and Ryan Jayne), and American Civil Liberties Union Foundation (Heather L. Weaver and Daniel Mach) (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any; and Freedom From Religion Foundation – none; all others – N/A ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: Freedom From Religion Foundation – none; all others – N/A Attorney’s Signature: /s/ Ryan Jayne Date: June 29, 2017 Attorney’s Printed Name: Ryan Jayne Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(c): No X Address: Freedom From Religion Foundation, P.O. Box 750, Madison, WI 53701 Phone Number: (608) 256-8900 Fax Number: (608) 204-0422 E-Mail Address: [email protected] iii Case: 17-1591 Document: 28 Filed: 06/29/2017 Pages: 84 CIRCUIT RULE 26.1 DISCLOSURE STATEMENT Appellate Cause No: Nos. 17-1591 and 17-1683 Short Caption: Freedom From Religion Foundation, et al. v. Concord Community Schools To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non- governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement stating the following information in compliance with Circuit Rule 26.1 and Fed.
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