Case: Planned Parenthood of Indiana and Kentucky v. Commissioner, Indiana State Department of Health

Planned Parenthood of Indiana and Kentucky, INC v. Commissioner, Indiana State Department of Health

Planned Parenthood of Indiana and Kentucky, INC v. Commissioner, Indiana State Department of Health

Planned Parenthood of Indiana and Kentucky, INC v. Commissioner, Indiana State Department of Health

Planned Parenthood of Indiana and Kentucky, Inc. v. Marion County Prosecutor

U.S. Court of Appeals for the Seventh Circuit

ACLU

ACLU

COMPLAINT for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of Indiana Statute against All Defendants, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Filing fee $400, receipt number 0756-4852644) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Falk, Kenneth) (Entered: 04/23/2018)

1 Proposed Summons

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2 Civil Cover Sheet

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NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 04/23/2018)

Corporate Disclosure Statement by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 04/23/2018)

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Rose, Gavin) (Entered: 04/23/2018)

NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Mensz, Jan) (Entered: 04/23/2018)

Summons Issued as to COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (JRB) (Entered: 04/23/2018)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 04/23/2018)

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 05/04/2018)

NOTICE of Appearance by Julia Catherine Payne on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Payne, Julia) (Entered: 05/04/2018)

NOTICE of Parties' First Extension of Time, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 05/04/2018)

MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/07/2018)

SCHEDULING ORDER: Telephonic Conference is set for 5/9/2018 at 11:00 AM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 5/7/2018.(TMD) (Entered: 05/07/2018)

Minute Entry for telephonic hearing held 5/09/18 before Judge Richard L. Young. Plaintiff's opening brief is due by 5/18/18. Defendant shall respond on or before 6/01/18. Plaintiff shall have through 6/06/18 in which to reply. Hearing on Plaintiff's Motion for Preliminary Injunction is set for 6/8/2018 at 9:00 AM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. (TMD) (Entered: 05/09/2018)

MOTION for Attorney(s) Carrie Y. Flaxman to Appear pro hac vice (Filing fee $100, receipt number 0756-4886770), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit A - Certification of Carrie Flaxman, # 2 Text of Proposed Order)(Mensz, Jan) (Entered: 05/16/2018)

BRIEF/MEMORANDUM in Support re 11 MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Declaration Gillespie, # 2 Exhibit Declaration Stutsman, # 3 Exhibit Declaration Dellinger, # 4 Exhibit Informed Consent Brochure, # 5 Exhibit Declration Holmquist, # 6 Exhibit Medical Error Report)(Falk, Kenneth) (Entered: 05/18/2018)

ORDER granting 15 Motion to Appear pro hac vice. Attorney Carrie Y. Flaxman for PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. added. Copy to Carrie Y. Flaxman via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/18/2018. (SWM) (Entered: 05/18/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH served on 4/27/2018. (Mensz, Jan) (Entered: 05/29/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. MONROE COUNTY PROSECUTOR served on 4/26/2018. (Mensz, Jan) (Entered: 05/29/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. TIPPECANOE COUNTY PROSECUTOR served on 4/26/2018. (Mensz, Jan) (Entered: 05/29/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD served on 4/27/2018. (Mensz, Jan) (Entered: 05/29/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. MARION COUNTY PROSECUTOR served on 4/26/2018. (Mensz, Jan) (Entered: 05/29/2018)

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. LAKE COUNTY PROSECUTOR served on 4/26/2018. (Mensz, Jan) (Entered: 05/29/2018)

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit Declaration of Christina Francis, M.D.)(Fisher, Thomas) (Entered: 06/01/2018)

1 Exhibit Declaration of Christina Francis, M.D.

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REPLY in Support of Motion re 11 MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Supplemental Declaration Dr. Stutsman)(Falk, Kenneth) (Entered: 06/06/2018)

1 Exhibit Supplemental Declaration Dr. Stutsman

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Minute Entry for proceedings held before Judge Richard L. Young: Motion Hearing held on 6/8/2018 re 11 MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. Argument is heard and the motion is TAKEN UNDER ADVISEMENT. Findings of Fact and Conclusions of Law shall be filed no later than Monday, June 18, 2018. (Court Reporter Maggie Techert.) (TMD) (Entered: 06/08/2018)

NOTICE of Receipt of Original Signature Page, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (Attachments: # 1 Signature page) (Falk, Kenneth) (Entered: 06/18/2018)

Findings of Fact & Conclusions of Law (proposed) by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 06/18/2018)

Findings of Fact & Conclusions of Law (proposed) by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 06/18/2018)

FINDINGS OF FACT AND CONCLUSIONS OF LAW - The court finds PPINK has satisfied its burden to obtain a preliminary injunction of Indiana Senate Enrolled Act No. 340. Therefore, PPINK's Motion for Preliminary Injunction 11 is GRANTED. The Commissioner of the Indiana State Department of Health; the Prosecutors of Marion, Lake, Monroe, and Tippecanoe Counties, Indiana; and the Individual Members of the Medical Licensing Board of Indiana, in their official capacities, are hereby PRELIMINARILY ENJOINED from enforcing the reporting requirements set forth in Indiana Senate Enrolled Act No. 340. PPINK is not required to post a bond. SEE ENTRY. Signed by Judge Richard L. Young on 6/28/2018. (JRB) (Entered: 06/28/2018)

ANSWER to 1 Complaint, filed by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR.(Fisher, Thomas) (Entered: 06/29/2018)

SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 8/31/2018 at 2:00 PM (Eastern) before Magistrate Judge Doris L. Pryor. No fewer than seven days before the IPTC, counsel must file a Proposed CMP. Signed by Magistrate Judge Doris L. Pryor on 8/6/2018.(CBU) (Entered: 08/07/2018)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gavin Minor Rose hereby notifies the Clerk of the court of changed contact information. (Rose, Gavin) (Entered: 08/08/2018)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kenneth J. Falk hereby notifies the Clerk of the court of changed contact information. (Falk, Kenneth) (Entered: 08/08/2018)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. . (Falk, Kenneth) (Entered: 08/08/2018)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jan P. Mensz hereby notifies the Clerk of the court of changed contact information. (Mensz, Jan) (Entered: 08/10/2018)

NOTICE of Service of Initial Disclosures, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 08/29/2018)

Witness List -Preliminary-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Exhibit List -Preliminary-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 08/29/2018)

NOTICE of Service of Initial Disclosures, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 08/30/2018)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on August 31, 2018. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on December 11, 2018 at 3:00 p.m. to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. In addition, this matter is scheduled for a settlement conference on January 29, 2019 at 9:00 a.m., in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 09/07/2018)

ORDER Regarding Discovery Disputes (See Order). Signed by Magistrate Judge Doris L. Pryor on 9/6/2018. (MAC) (Entered: 09/07/2018)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 2/25/2019. Dispositive Motions due by 4/23/2019. Settlement Conference set for 1/29/2019 at 9:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor on 9/8/2018.(CBU) (Entered: 09/10/2018)

Witness List and Exhibit List, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 09/14/2018)

Joint MOTION to Vacate Settlement Conference, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/17/2018)

ORDER granting 45 Motion to Vacate settlement conference. The parties are encouraged to contact the Magistrate's Chambers if they determine a settlement conference would be beneficial. Signed by Magistrate Judge Doris L. Pryor on 11/30/2018.(CBU) (Entered: 11/30/2018)

Joint MOTION to Establish Schedule for Summary Judgment Briefing, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/17/2018)

ORDER granting 48 Motion to establish briefing schedule for summary judgment. Signed by Magistrate Judge Doris L. Pryor on 12/20/2018. (CBU) (Entered: 12/20/2018)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on December 11, 2018. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on June 10, 2019 at 10:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 12/28/2018)

MOTION to Withdraw Attorney Appearance, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Mensz, Jan) (Entered: 01/11/2019)

ORDER granting 51 Motion to Withdraw Attorney Appearance. Attorney Jan P. Mensz withdrawn. Signed by Magistrate Judge Doris L. Pryor on 1/15/2019. (CBU) (Entered: 01/16/2019)

NOTICE of Appearance by Stevie Pactor on behalf of Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Pactor, Stevie) (Entered: 02/11/2019)

SCHEDULING ORDER: Bench Trial set for 12/11/2019 09:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. The court has allotted two (2) daysfor this trial. Final Pretrial Conference set for 11/27/2019 03:00 PM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young.. Signed by Judge Richard L. Young on 2/27/2019.(JRB) (Entered: 02/27/2019)

Statement of Claims by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 03/01/2019)

Joint MOTION to Modify Schedule for Summary Judgment Briefing, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/03/2019)

ORDER granting 56 Motion to Modify Schedule for Summary Judgment Briefing. Plaintiff shall file its Motion for Summary Judgment by June 21, 2019 (See Order for further briefing schedule) Dispositive Motions due by 6/21/2019.. Signed by Magistrate Judge Doris L. Pryor on 3/6/2019. (CBU) (Entered: 03/07/2019)

Joint MOTION to Modify Case Management Plan Concerning Expert Disclosures, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/23/2019)

ORDER granting 58 Motion to Modify CMP concerning Expert Disclosures. Signed by Magistrate Judge Doris L. Pryor on 4/26/2019. (CBU) (Entered: 04/29/2019)

Unopposed MOTION for Extension of Time to May 30, 2019 to Make Expert Disclosures, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/20/2019)

ORDER granting 60 Motion for Extension of Time to 5/30/2019 for the Plaintiff to submit its expert reports and disclosures. Signed by Magistrate Judge Doris L. Pryor on 5/21/2019. (CBU) (Entered: 05/22/2019)

Unopposed MOTION for Extension of Time to August 2, 2019 to file Combined Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 06/05/2019)

Unopposed MOTION for Extension of Time to 07/08/2019 to Seek Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/06/2019)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 10, 2019. The parties discussed the status of discovery. Defense counsel requested a two week extension to the current expert discovery and report deadline to give parties an opportunity to respond. Plaintiff did not object. The Court will grant the extension and give the parties an additional two-weeks to file their cross-motions for summary judgment.This matter is scheduled for a telephonic status conference on October 24, 2019 at 2:00 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/11/2019)

ORDER granting 62 Motion for Extension of Time to 8/26/2019 to file a Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment. Signed by Magistrate Judge Doris L. Pryor on 6/11/2019. (CBU) (Entered: 06/12/2019)

ORDER granting 63 Motion for Extension of Time to 7/26/2019 for the Plaintiff to file its summary judgment motion and support memorandum. Signed by Magistrate Judge Doris L. Pryor on 6/11/2019. (CBU) (Entered: 06/12/2019)

Joint MOTION to Modify Deadline for Submission of Final Witness and Exhibit Lists, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/20/2019)

Witness List and Exhibit List, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 06/24/2019)

Witness List -FINAL-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Exhibit List -FINAL-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 06/24/2019)

ORDER granting 68 Motion to extend the deadline for parties to file their final witness and exhibit lists on or before 9/3/2019. Signed by Magistrate Judge Doris L. Pryor on 6/24/2019. (CBU) (Entered: 06/25/2019)

STIPULATION, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Survey Frequencies and Priorities)(Falk, Kenneth) (Entered: 07/23/2019)

MOTION for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Deposition of Mathew Foster, # 2 Exhibit Declaration of Christine Charbonneau, # 3 Exhibit Declaration of Dr. Sabrina Holmquist, # 4 Exhibit Informed Consent Brochure, # 5 Exhibit Declaration of Dr. Carol Dellinger, # 6 Exhibit National Academies Report, # 7 Exhibit Indiana Medical Error Reporting System-Final Report 2017, # 8 Exhibit Summary chart concerning licensing inspections, # 9 Exhibit Ambulatory surgical centers inspection records, # 10 Exhibit Hospital inspection reports - Part 1, # 11 Exhibit Hospital inspection reports- Part 2, # 12 Exhibit Abortion center inspection reports, # 13 Exhibit Terminated pregnancy report- 2018)(Falk, Kenneth) (Entered: 07/26/2019)

BRIEF/MEMORANDUM in Support re 73 MOTION for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 07/26/2019)

Joint MOTION to Amend/Correct 43 Order: Case ManagementSet Deadlines/Hearings, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 08/01/2019)

ORDER granting 75 Motion to Amend CMP. The parties shall file their objections to expert testimony at trial on or before October 1, 2019. Additionally, the parties are reminded that SDIN LR 6-1 requires motions for extensions of time to be filed three business days prior to the deadline. Signed by Magistrate Judge Doris L. Pryor on 8/6/2019. (CBU) (Entered: 08/06/2019)

MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit A - ACOG Practice Bulletin, # 2 Exhibit B - Studnicki Declaration, # 3 Exhibit C - Excerpts from DSM-5)(Fisher, Thomas) (Entered: 08/26/2019)

BRIEF/MEMORANDUM in Support re 77 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 08/26/2019)

Joint MOTION for Continuance of Trial Date Due to Likelihood of Resolution through Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/30/2019)

Witness List and Exhibit List, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 09/03/2019)

Witness List -FINAL-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Exhibit List -FINAL-, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 09/03/2019)

ORDER granting 79 Motion for Continuance of Trial Date - The 12/11/19 trial in this case and final pretrial of 11/27/19 are VACATED, to be reset in the event that this case is not fully resolved by the parties' dispositive motions. Signed by Judge Richard L. Young on 9/4/2019.(JRB) (Entered: 09/04/2019)

Unopposed MOTION for Extension of Time to File Response to September 30, 2019 re 77 MOTION for Summary Judgment and Reply in Support of Plaintiff's Motion, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/12/2019)

ORDER granting 83 Motion for Extension of Time to File Response to 77 MOTION for Summary Judgment to 9/30/19. Signed by Judge Richard L. Young on 9/18/2019. (JRB) (Entered: 09/18/2019)

Joint MOTION to Vacate Date to File Objections to Expert Testimony Due to Continuance of Trial Date, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/24/2019)

RESPONSE in Opposition re 77 MOTION for Summary Judgment and Reply Memorandum in Support of Plaintiff's Motion, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Rebuttal Declaration - Upadhyay)(Falk, Kenneth) (Entered: 09/29/2019)

ORDER granting 85 Joint Motion to Vacate Date to File Objections to Expert Testimony Due to Continuance of Trial Date. The October 1, 2019, date for filing objections to expert witnesses is VACATED. If the case is not fully resolved on summary judgment, the parties shall, within 30 days of the Court's summary judgment determination, file a schedule with the Court proposing a new date for the objection to expert witnesses. Signed by Magistrate Judge Doris L. Pryor on 10/2/2019. (SWM) (Entered: 10/02/2019)

REPLY in Support of Motion re 77 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 10/15/2019)

MOTION for Leave to File an Additional Exhibit in Support of Motion for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit D - Studnicki Rebuttal Declaration)(Fisher, Thomas) (Entered: 10/15/2019)

Submission of Proposed Order, re 90 MOTION for Leave to File an Additional Exhibit in Support of Motion for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 10/16/2019)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on October 24, 2019. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on April 17, 2020 at 2:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 10/25/2019)

ORDER granting 90 MOTION FOR LEAVE TO DESIGNATE AN ADDITIONALEXHIBIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT - Defendants Exhibit D, Supplemental Declaration of James Studnicki, Sc.D., MPH, MBA, is hereby designated as evidence in support of Defendants Motion for Summary Judgment. Signed by Judge Richard L. Young on 3/17/2020. (AAS) (Entered: 03/17/2020)

ORDER RESCHEDULING TELEPHONIC STATUS CONFERENCE - In light of the pending Motions for Summary Judgment, Dkts. [73 and 77], the April 17, 2020 Telephonic Satus Conference is CONTINUED to July 10, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 4/17/2020.(SWM) (Entered: 04/17/2020)

ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT - The court GRANTS in part and DENIES in part Planned Parenthood's Motion for Summary Judgment 73 . The court grants its motion on its claim that Indiana Code § 16-34-2-4.7 is unconstitutionally vague. The court DENIES Planned Parenthood's request for summary judgment on its claim that Indiana Code § 16-21-2-2.6 violates equal protection. The court GRANTS in part and DENIES in part the State's Motion for Summary Judgment 77 . The court GRANTS the State's motion on its claim that Indiana Code § 16-21-2-2.6 does not violate equal protection. The court DENIES the State's request for summary judgment on its claim that Indiana Code § 16-34-2-4.7 is not unconstitutionally vague. SEE ORDER. Signed by Judge Richard L. Young on 7/8/2020. (JRB) (Entered: 07/08/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on July 10, 2020. The parties discussed the status of the case. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 07/14/2020)

FINAL JUDGMENT - The court, having Granted in part and Denied in part Plaintiff's Motion for Summary Judgment and having Granted in part and Denied in part Defendant's Motion for Summary Judgment, now enters final judgment in favor of Plaintiff and against Defendant on Plaintiff's claim that Indiana Code $16-34-2-4.7 is unconstitutionally vague, and enters final judgment in favor of Defendant and against Plaintiff on Defendant's claim that Indiana Code $16-21-2-2.6 does not violate equal protection. Signed by Judge Richard L. Young on 7/14/2020.(JRB) (Entered: 07/14/2020)

MOTION for Extension of Time to Petition for Attorneys' Fees and Costs, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/15/2020)

MOTION to Alter or Amend the Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/15/2020)

ORDER - This matter comes before the Court on the Plaintiff's Motion to Extend Time to Petition for Attorneys' Fees and Costs, Dkt. [ 100 ]. The Court, being duly advised, hereby GRANTS said Motion. The time within which the Plaintiff must file its petition for attorneys' fees and costs is EXTENDED to the later of: 60 days after the time for filing the notice of appeal expires, if there is no notice of appeal filed; 120 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit; or 35 days after any proceedings in the United States Supreme Court are resolved. Signed by Magistrate Judge Doris L. Pryor on 7/17/2020. (SWM) (Entered: 07/17/2020)

AMENDED FINAL JUDGMENT - The court, having GRANTED in part and DENIED in part Plaintiff's Motion for Summary Judgment and having GRANTED in part and DENIED in part Defendants' Motion for Summary Judgment, now enters final judgment in favor of Plaintiff and against Defendants on Plaintiff's claim that Indiana Code § 16-34-2-4.7 is unconstitutionally vague and, finding that all the requirements are met, enters a PERMANENT INJUNCTION preventing enforcement of the statute. Accordingly, Defendants, and all their respective officers, agents, servants, employees, and persons acting in concert with them are PERMANENTLY ENJOINED from enforcing Indiana Code § 16-34-2-4.7. The court also enters final judgment in favor of Defendants and against Plaintiff on Defendants' claim that Indiana Code § 16-21-2-2.6 does not violate equal protection. Signed by Judge Richard L. Young on 7/28/2020. (JRB) (Entered: 07/29/2020)

NOTICE OF APPEAL as to 103 Order on Motion, 99 Closed Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD, TIPPECANOE COUNTY PROSECUTOR. (Filing fee $505, receipt number 0756-6105545) (Fisher, Thomas) (Entered: 07/30/2020)

DOCKETING STATEMENT by All Defendants re 104 Notice of Appeal (Fisher, Thomas) (Entered: 07/30/2020)

PARTIES' SHORT RECORD re 104 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 07/30/2020)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 104 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 07/30/2020)