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1
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May 10, 2011
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COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - IHCP Provider Agreement, # 2 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health, # 3 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health, # 4 Exhibit 3- Agreement for Services, # 5 Exhibit 4- 2003 - 2007 Indiana Termination of Pregnancy Report)(JD) (Entered: 05/10/2011)
1 Exhibit 1 - IHCP Provider Agreement
View on PACER
2 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health
View on PACER
3 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health
View on PACER
4 Exhibit 3- Agreement for Services
View on PACER
5 Exhibit 4- 2003 - 2007 Indiana Termination of Pregnancy Report
View on PACER
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Clearinghouse
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2
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May 10, 2011
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CIVIL COVER SHEET, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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3
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May 10, 2011
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RECEIPT #IP024008 in the amount of $ 350.00 (JD) (Entered: 05/10/2011)
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4
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May 10, 2011
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Summons Issued as to All Defendants. (JD) (Entered: 05/10/2011)
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5
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May 10, 2011
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NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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6
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May 10, 2011
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NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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7
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May 10, 2011
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NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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8
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May 10, 2011
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MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD) (Entered: 05/10/2011)
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9
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May 10, 2011
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MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Declaration of Betty Cockrum, # 2 Exhibit 1- IHCP Provider Agreement, # 3 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health, # 4 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health, # 5 Exhibit 3-1 - Agreement for Services, # 6 Exhibit 3-2 - Amendment to Agreement for Services Title V, Title XX, Tanf Services Amendment)(JD) (Entered: 05/10/2011)
1 Declaration of Betty Cockrum
View on PACER
2 Exhibit 1- IHCP Provider Agreement
View on PACER
3 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health
View on PACER
4 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health
View on PACER
5 Exhibit 3-1 - Agreement for Services
View on PACER
6 Exhibit 3-2 - Amendment to Agreement for Services Title V, Title XX, Tanf Servic
View on PACER
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10
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May 10, 2011
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Submission of Proposed Order, re 9 MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (JD) (Entered: 05/10/2011)
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11
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May 10, 2011
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MEMORANDUM in Support re 9 MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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12
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May 10, 2011
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ATTORNEY'S CERTIFICATE, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)
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13
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May 11, 2011
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NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Fisher, Thomas) (Entered: 05/11/2011)
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14
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May 11, 2011
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NOTICE of Appearance by Heather Lynn Hagan on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Hagan, Heather) (Entered: 05/11/2011)
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15
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May 11, 2011
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NOTICE of Appearance by Adam Clay on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Clay, Adam) (Entered: 05/11/2011)
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16
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May 11, 2011
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ENTRY and Order for Emergency Hearing - Parties appear by counsel re 9 Motion for Temporary Restraining Order. Plaintiffs present oral argument. Defendants present oral argument. Motion taken under advisement. Parties directed to return 5/11/2011 at 12:00 p.m. A ruling will be issued at that time. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt) (TRG) (Entered: 05/11/2011)
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17
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May 11, 2011
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ENTRY Denying Motion for Temporary Restraining Order and Setting Hearing on Motion for Preliminary Injunction - Docket No. 9 is DENIED as it relates to Planned Parenthood's Motion for Temporary Restraining Order. The Court TAKES UNDER ADVISEMENT Plaintiffs' Motion (Dkt. No. 9 ) to the extent it seeks a preliminary injunction. Preliminary Injunction Hearing set for 6/6/2011 at 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt.(Court Reporter Fred Pratt.) (TRG) (Entered: 05/11/2011)
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Clearinghouse
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18
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May 13, 2011
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NOTICE of Filing of Add'l Evidentiary Material in Support of 9 Mot. for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Affidavit of Carla Cleary, C.N.M., # 2 Affidavit of Dr. Michael King, M.D., # 3 Affidavit of Letitia Clemons, # 4 Affidavit of Jackie Grubbs, # 5 Affidavit of David Orentlicher, J.D., M.D., # 6 Affidavit of Sadath Sayeed, J.D., M.D., # 7 Affidavit of Lee M. Silver, Ph.D.) (Rose, Gavin) Modified on 5/16/2011 (JD). (Entered: 05/13/2011)
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19
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May 13, 2011
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Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Pretrial Conference held on 5/11/2011. Discussion held regarding discovery, settlement, and related matters. Defendants shall respond to Plaintiffs' motion for preliminary injunction by May 25,2011, and Plaintiffs shall file any reply by June 2, 2011. No discovery is anticipate. Signed by Magistrate Judge Tim A. Baker.(SWM) (Entered: 05/16/2011)
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20
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May 17, 2011
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MOTION for Attorney Talcott Camp to Appear pro hac vice., filed by Plaintiff PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(JD) Modified on 5/19/2011 (JD). (Entered: 05/19/2011)
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21
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May 18, 2011
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RECEIPT #IP024214 in the amount of $ 30.00, re 20 MOTION for Attorney Talcott Camp to Appear pro hac vice. (JD) (Entered: 05/19/2011)
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22
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May 20, 2011
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NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) (Entered: 05/20/2011)
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23
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May 20, 2011
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NOTICE of Appearance by Heather Lynn Hagan on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Hagan, Heather) (Entered: 05/20/2011)
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24
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May 20, 2011
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NOTICE of Appearance by Ashley Tatman Harwel on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Harwel, Ashley) (Entered: 05/20/2011)
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25
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May 20, 2011
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NOTICE of Appearance by Adam Clay on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Clay, Adam) (Entered: 05/20/2011)
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26
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May 24, 2011
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Reassignment of Case to Magistrate Judge Denise K. LaRue. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number (1-11-cv-00630-TWP-DKL), which includes the initials of the newly assigned judge, on all future filings in this matter. (AAM) (Entered: 05/24/2011)
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27
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May 24, 2011
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AMENDED MOTION for Attorney(s) Talcott Camp to Appear pro hac vice., filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, and PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(SWM) (Entered: 05/24/2011)
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28
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May 25, 2011
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RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 SEALED Exhibit G, # 8 Exhibit H)(Fisher, Thomas) Modified on 5/31/2011 (TMA). *** EXHIBIT 7 SEALED PER 37 ORDER OF 5/27/11 - SEE DOCKET 38 FOR REDACTED VERSION *** Modified on 6/1/2011 (JD). (Entered: 05/25/2011)
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29
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May 26, 2011
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EXHIBIT A re 28 Response in Opposition to Motion by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A to Birr Declaration, # 2 Exhibit B to Birr Declaration, # 3 Exhibit C to Birr Declaration)(Fisher, Thomas) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)
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30
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May 26, 2011
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CERTIFICATE OF SERVICE by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 28 Response in Opposition to Motion (Fisher, Thomas) (Entered: 05/26/2011)
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31
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May 26, 2011
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ORDER granting 27 Motion to Appear pro hac vice. Attorney Talcott Camp for CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, and for PLANNED PARENTHOOD OF INDIANA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 5/26/2011. c/m (TMA) (Entered: 05/26/2011)
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32
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May 26, 2011
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MOTION to Seal Document 28 Response in Opposition to Motion, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order proposed order sealing exhibit G to document 28)(Fisher, Thomas) (Entered: 05/26/2011)
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33
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May 26, 2011
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**PLEASE DISREGARD, SEE DOCKET 38 ** REDACTION to 28 Response in Opposition to Motion by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/1/2011 (JD). (Entered: 05/26/2011)
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34
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May 26, 2011
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Amicus Curiae APPEARANCE entered by Eric Allan Koch on behalf of All Defendants. (Koch, Eric) (Entered: 05/26/2011)
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35
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May 26, 2011
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MOTION for Leave to File Memorandum of Law by Amici Curiae, filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Koch, Eric) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)
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36
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May 26, 2011
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BRIEF/MEMORANDUM in Support re 35 MOTION for Leave to File Memorandum of Law by Amici Curiae filed by Amicus INDIANA GENERAL ASSEMBLY. (Koch, Eric) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)
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37
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May 27, 2011
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ORDER granting 32 Motion to Seal 28 Exhibit 7 to Response in Opposition to Motion for Preliminary Injunction. The redacted version submitted by Defendants (doc. 33) contains spacing errors throughout the declaration portion that do not appear in the original version and that frequently break up words and generally render the exhibit more difficult to read. Defendants are ordered to promptly file a corrected redacted version. Signed by Magistrate Judge Denise K. LaRue on 5/27/2011. (TMA) (Entered: 05/31/2011)
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38
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May 31, 2011
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**CORRECTED** REDACTION to 28 Response in Opposition to Motion Corrected Redacted Exhibit G by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/1/2011 (JD). (Entered: 05/31/2011)
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40
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May 31, 2011
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MOTION for Attorney Thomas Brejcha to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/01/2011)
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41
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May 31, 2011
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MOTION for Attorney Paul B. Linton to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/01/2011)
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39
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June 1, 2011
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NOTICE of Parties' First Extension of Time, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Clay, Adam) (Entered: 06/01/2011)
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42
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June 1, 2011
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RECEIPT #IP024400 in the amount of $ 30.00 re 40 MOTION for Attorney Thomas Brejcha to Appear pro hac vice. (JD) (Entered: 06/01/2011)
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43
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June 1, 2011
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RECEIPT #IP024399 in the amount of $ 30.00 re 41 MOTION for Attorney Paul B. Linton to Appear pro hac vice. (JD) (Entered: 06/01/2011)
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44
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June 1, 2011
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MOTION for Attorney Roger Evans to Appear pro hac vice., filed by Plaintiff PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/02/2011)
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45
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June 1, 2011
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RECEIPT #IP024419 in the amount of $ 30.00 re 44 MOTION for Attorney Roger Evans to Appear pro hac vice. (JD) (Entered: 06/02/2011)
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46
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June 2, 2011
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ORDER granting 44 Motion to Appear pro hac vice. Attorney Roger Evans for PLANNED PARENTHOOD OF INDIANA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 6/2/2011. c/m (TMA) (Entered: 06/02/2011)
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47
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June 2, 2011
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ENTRY Setting Expedited Briefing Schedule - Any responses or objections to Motion (Dkt. No. 35 ) should be filed no later than noon, Friday, June 3, 2011. Signed by Judge Tanya Walton Pratt on 6/2/2011.(TRG) (Entered: 06/02/2011)
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48
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June 2, 2011
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REPLY in Support of Motion re 9 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Exhibit Cockrum-Supp. Declaration, # 2 Exhibit State letter, # 3 Exhibit Federal letter, # 4 Exhibit Federal bulletin)(Falk, Kenneth) (Entered: 06/02/2011)
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49
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June 2, 2011
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RESPONSE to Motion re 35 MOTION for Leave to File Memorandum of Law by Amici Curiae, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Falk, Kenneth) (Entered: 06/02/2011)
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50
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June 3, 2011
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STIPULATION of Fact and Evidence, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit State Plan, # 2 Exhibit Casanova letter to CMS, # 3 Exhibit CMS letter to Casanova)(Fisher, Thomas) (Entered: 06/03/2011)
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51
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June 3, 2011
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NOTICE of Name Change, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY (Hagan, Heather) (Entered: 06/03/2011)
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52
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June 3, 2011
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ORDER granting 35 Motion for Leave to File. Signed by Judge Tanya Walton Pratt on 6/3/2011. (TRG) (Entered: 06/03/2011)
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53
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June 5, 2011
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MOTION to Submit Supplemental Authority, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/05/2011)
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54
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June 5, 2011
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ORDER granting 53 Motion to Supplement Additional Authority. The supplemental authority is deemed submitted. Signed by Judge Tanya Walton Pratt on 6/5/2011. (TRG) (Entered: 06/05/2011)
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55
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June 6, 2011
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ENTRY and Order for proceedings held before Judge Tanya Walton Pratt on 6/6/2011: Parties appear by counsel. Plaintiffs present oral argument. Defendants present oral argument. The Court requests briefing regarding the Chevron deference issue. Defendants' brief is due within seven days. Plaintiffs' brief is due three days after Defendants' brief is filed. The Court takes this matter under advisement and will issue a ruling prior to July 1, 2011. Signed by Judge Tanya Walton Pratt. (Court Reporter Cathy Jones.) (TRG) (Entered: 06/06/2011)
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56
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June 7, 2011
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NOTICE of Electronic Filing of Previously Submitted Evidentiary Material in Opposition to the 9 Motion for Preliminary Injunction, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY (Attachments: # 1 Exhibit A - Declaration of Michael A. Gargano) (Fisher, Thomas) Modified on 6/8/2011 (JD). (Entered: 06/07/2011)
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57
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June 8, 2011
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AMENDED MOTION for Attorney Paul B. Linton to Appear pro hac vice, filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/09/2011)
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58
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June 8, 2011
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AMENDED MOTION for Attorney Thomas Brejcha to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/09/2011)
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59
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June 10, 2011
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RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF TIPPECANOE COUNTY served on 5/12/2011. (Mensz, Jan) (Entered: 06/10/2011)
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60
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June 10, 2011
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RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF MARION COUNTY served on 5/13/2011. (Mensz, Jan) (Entered: 06/10/2011)
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61
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June 10, 2011
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RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF MONROE COUNTY served on 5/12/2011. (Mensz, Jan) (Entered: 06/10/2011)
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62
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June 10, 2011
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ORDER granting 58 Motion to Appear pro hac vice. Attorney Thomas Brejcha for INDIANA GENERAL ASSEMBLY added. Signed by Magistrate Judge Denise K. LaRue on 6/10/2011. c/m (TMA) Modified on 6/14/2011 (TMA). (Entered: 06/10/2011)
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63
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June 10, 2011
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ORDER granting 57 Motion to Appear pro hac vice. Attorney Paul B. Linton for INDIANA GENERAL ASSEMBLY added. Signed by Magistrate Judge Denise K. LaRue on 6/10/2011. c/m (TMA) Modified on 6/14/2011 (TMA). (Entered: 06/10/2011)
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64
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June 13, 2011
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SUPPLEMENTAL RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/14/2011 (JD). (Entered: 06/13/2011)
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65
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June 14, 2011
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SUPPLEMENTAL BRIEF in Support re 9 MOTION for Temporary Restraining Order (Supplemental Brief Concerning Deference), filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Rose, Gavin) Modified on 6/15/2011 (JD). (Entered: 06/14/2011)
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66
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June 16, 2011
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Statement of Interest by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Moore, Tamra) (Entered: 06/16/2011)
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67
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June 16, 2011
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NOTICE of Appearance by Tamra Tyree Moore on behalf of Interested Party UNITED STATES OF AMERICA. (Moore, Tamra) (Entered: 06/16/2011)
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68
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June 16, 2011
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NOTICE of Appearance by Joseph Wilfred Mead on behalf of Interested Party UNITED STATES OF AMERICA. (Mead, Joseph) (Entered: 06/16/2011)
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69
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June 16, 2011
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NOTICE of Appearance by Ethan Price Davis on behalf of Interested Party UNITED STATES OF AMERICA. (Davis, Ethan) (Entered: 06/16/2011)
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70
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June 17, 2011
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MOTION for Leave to File Response to Statement of Interest of the United States, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 06/17/2011)
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71
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June 17, 2011
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RESPONSE in Opposition re 70 MOTION for Leave to File Response to Statement of Interest of the United States, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Rose, Gavin) (Entered: 06/17/2011)
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72
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June 17, 2011
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ORDER granting 70 Motion for Leave to File. Defendants may submit a memorandum in response to the Statement of Interest of the United States, limited to 15 pages, on or before noon June 24, 2011. If Plaintiff's wish to file a response/reply, it must be filed no later than 6:00 p.m. on June 24, 2011. Signed by Judge Tanya Walton Pratt on 6/17/2011. (TRG) (Entered: 06/17/2011)
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73
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June 17, 2011
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NOTICE of Appearance by Talcott Camp on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Camp, Talcott) (Entered: 06/17/2011)
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74
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June 24, 2011
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RESPONSE in Opposition to Statement of Interest, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A Request for Reconsideration, # 2 Exhibit B SPA 05-015, # 3 Exhibit C Notice of Proposed Rulemaking)(Fisher, Thomas) (Entered: 06/24/2011)
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75
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June 24, 2011
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NOTICE of Intention of Plaintiffs to Not File Reply Memorandum, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (Falk, Kenneth) (Entered: 06/24/2011)
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76
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June 24, 2011
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ENTRY on Motion for Preliminary Injunction - Plaintiffs' Motion for Preliminary Injunction (Dkt. 9 ) is GRANTED with respect to the defunding provision, DENIED with respect to Ind. Code § 16-34-2-1.1(a)(1)(E) and GRANTED with respect to Ind. Code § 16-34-1.1(a)(1)(G) as applied to Plaintiffs only. The issuance of a preliminary injunction will not impose any monetary injuries. In the absence of such injuries, NO BOND is required. Signed by Judge Tanya Walton Pratt on 6/24/2011. (TRG) (Entered: 06/24/2011)
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77
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June 24, 2011
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CORRECTED DOCUMENT re 76 Entry on Motion for Preliminary Injunction. Corrected document has been attached to this entry. (TRG) (Entered: 06/24/2011)
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78
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June 28, 2011
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NOTICE OF APPEAL as to 76 Order on Motion for TRO, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) (Entered: 06/28/2011)
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79
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June 28, 2011
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DOCKETING STATEMENT by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 78 Notice of Appeal (Fisher, Thomas) (Entered: 06/28/2011)
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84
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June 28, 2011
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USCA Appeal Fees received $ 455 receipt number IP024860 re 78 Notice of Appeal. (cc: USCA re: CA #11-2464.) (TMA) (Entered: 06/29/2011)
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80
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June 29, 2011
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SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 78 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 06/29/2011)
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81
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June 29, 2011
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 78 Notice of Appeal. - for Court of Appeals Use Only. (TMA) (Entered: 06/29/2011)
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82
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June 29, 2011
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Defendants' ANSWER to 1 Complaint, filed by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY.(Fisher, Thomas) (Entered: 06/29/2011)
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83
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June 29, 2011
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USCA Case Number 11-2464 for 78 Notice of Appeal filed by THE PROSECUTOR OF TIPPECANOE COUNTY, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF MARION COUNTY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY. (Attachments: # 1 Circuit Rule 3(b) Notice)(TMA) (Entered: 06/29/2011)
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85
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July 7, 2011
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DESIGNATION of Record on Appeal by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 78 Notice of Appeal (Attachments: # 1 Exhibit Designated Record)(Fisher, Thomas) (Entered: 07/07/2011)
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86
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Oct. 13, 2011
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Certified and Transmitted Record on Appeal to US Court of Appeals, via email, re 78 Notice of Appeal. (TMA) (Entered: 10/13/2011)
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87
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Oct. 13, 2011
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Appeal Remark re 78 Notice of Appeal : Long record received and docketed by the USCA. (TMA) (Entered: 10/13/2011)
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88
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Oct. 24, 2011
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Joint MOTION for Entry of Partial Judgment, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order Rule 54(b) order)(Fisher, Thomas) (Entered: 10/24/2011)
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89
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Oct. 26, 2011
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ORDER - The Court GRANTS 88 Joint Motion for Entry of Partial Judgment. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, this Court hereby enters final judgment as to the portion of Count 2 of Plaintiffs' Complaint. No other claims in this lawsuit are impacted by this partial final judgment. Signed by Judge Tanya Walton Pratt on 10/26/2011.(JD) (Entered: 10/26/2011)
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90
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Oct. 26, 2011
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Joint MOTION for Extension of Time to for Plaintiffs to Seek Attorneys' Fees and Costs, Joint MOTION to Stay of Proceedings Pending Appellate Resoluation, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/26/2011)
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91
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Oct. 27, 2011
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MOTION to Dismiss Carla Cleary, C.N.M., as One of the Plaintiffs, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/27/2011)
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92
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Nov. 2, 2011
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ORDER granting 91 Motion to Dismiss - Carla Cleary is DISMISSED from this case. Signed by Judge Tanya Walton Pratt on 11/2/2011. (JD) (Entered: 11/02/2011)
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93
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Nov. 2, 2011
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ORDER granting 90 Joint Motion to Extend Time for Plaintiffs to Seek Attorneys' Fees and Costs and Joint Motion for Stay of Proceedings Pending Appellate Resolution. Signed by Judge Tanya Walton Pratt on 11/2/2011. (JD) (Entered: 11/02/2011)
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94
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Nov. 18, 2011
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ORDER of USCA as to 78 Notice of Appeal - Upon consideration of the MOTION TO DISMISS CARLA CLEARY, C.N.M., AS A PLAINTIFF-APPELLEE IN THIS CAUSE, filed by counsel for appellees, on November 7, 2011, IT IS ORDERED that the motion is GRANTED to the extent that the clerk of this court shall remove appellee Carla Cleary, C.N.M., from this court's docket. APPEAL REMAINS OPEN. (TMA) (Entered: 11/18/2011)
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95
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Nov. 30, 2011
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MOTION to Withdraw Attorney Appearance of Jan P. Mensz, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 11/30/2011)
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96
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Dec. 2, 2011
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ORDER granting 95 Motion to Withdraw Attorney Appearance. Attorney Jan P. Mensz withdrawn. Signed by Magistrate Judge Denise K. LaRue on 12/2/2011. (TMA) (Entered: 12/02/2011)
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97
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Dec. 17, 2012
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MANDATE of USCA as to 78 Notice of Appeal - We AFFIRM the district court's order granting preliminary injunctive relief on Planned Parenthood's Medicaid Act claim. We REVERSE the order as it relates to the State's § 247c(c) block-grant funding and REMAND the case with instructions to modify the injunction accordingly. The above is in accordance with the decision of this court entered on this date. Each side to bear its own costs. (TMA) (Entered: 12/18/2012)
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98
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Dec. 19, 2012
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ORDER - This matter is before the Court regarding the Mandate (Dkt. 97 ) issued by the United States Court of Appeals, for the Seventh Circuit, which remanded this case for further proceedings. In accordance with Local Rule 16-2, parties shall file their position statement on or before January 7, 2013. Signed by Judge Tanya Walton Pratt on 12/19/2012.(JD) (Entered: 12/19/2012)
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99
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Jan. 4, 2013
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Statement (Joint) of Position and Submission of Proposed Modified Preliminary Injunction and Joint Motion for Stay Pending Conclusion of Supreme Court Proceedings by LETITIA CLEMONS, COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, INDIANA GENERAL ASSEMBLY, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC., SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order Modified Preliminary Injunction, # 2 Text of Proposed Order Proposed Stay)(Falk, Kenneth) (Entered: 01/04/2013)
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100
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Jan. 7, 2013
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MODIFIED PRELIMINARY INJUNCTION - HEA 1210, Indiana Code § 5-22-17-5.5, is preliminarily enjoined as violating 42 U.S.C. § 1396a(a)(23), for the reasons noted in this Court's original preliminary injunction determination as affirmed by the Seventh Circuit. IT IS FURTHER ORDERED that plaintiffs' request for a preliminary injunction as to the application of HEA 1210, Indiana Code § 5-22-17-5.5, to the receipt by Planned Parenthood of Indiana, Inc., of funding pursuant to a block grant for programs related to sexually transmitted diseases, 42 U.S.C. § 247c(c) is DENIED. IT IS FURTHER ORDERED that in all other respects this Court's prior preliminary injunction determination and order is unchanged. Signed by Judge Tanya Walton Pratt on 1/7/2013. (JD) (Entered: 01/07/2013)
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