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1
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April 7, 2016
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COMPLAINT for Declaratory and Injunctive Relief/Notice to Challenge to Constitutionality of Indiana Statute against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3843229) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 04/07/2016)
1 Civil Cover Sheet
View on PACER
2 Proposed Summons
View on PACER
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2
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April 7, 2016
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NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Falk, Kenneth) (Entered: 04/07/2016)
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3
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April 7, 2016
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NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Rose, Gavin) (Entered: 04/07/2016)
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4
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April 7, 2016
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NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Mensz, Jan) (Entered: 04/07/2016)
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5
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April 8, 2016
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Summons Issued as to COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (DJH) (Entered: 04/08/2016)
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6
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April 8, 2016
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MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 04/08/2016)
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7
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April 11, 2016
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MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/11/2016)
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8
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April 12, 2016
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ORDER - This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction (Dkt. 7). Parties are to meet with Magistrate Judge Debra McVicker Lynch to discuss an expedited discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 4/12/2016. (JLS) (Entered: 04/12/2016)
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9
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April 14, 2016
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SCHEDULING ORDER: Status Conference set for 4/21/2016 09:30 AM (Eastern) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Counsel should be prepared to discuss an expedited discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for the plaintiffs shall serve a copy of this order on the defendants. Signed by Magistrate Judge Debra McVicker Lynch on 4/14/2016.(SWM) (Entered: 04/14/2016)
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10
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April 14, 2016
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NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 04/14/2016)
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11
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April 14, 2016
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NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (McVeigh, Heather) (Entered: 04/14/2016)
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12
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April 14, 2016
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NOTICE of Appearance by Lara K. Langeneckert on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Langeneckert, Lara) (Entered: 04/14/2016)
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13
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April 14, 2016
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**WITHDRAWN** NOTICE of Appearance by Jonathan R. Sichtermann on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Sichtermann, Jonathan) Modified on 6/2/2016 (JLS). (Entered: 04/14/2016)
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14
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April 14, 2016
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NOTICE of Appearance by Kenneth Biggins, Jr on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Biggins, Kenneth) (Entered: 04/14/2016)
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15
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April 15, 2016
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RETURN of Service by CMRRR, filed by All Plaintiffs. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)
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16
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April 15, 2016
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RETURN of Service by CMRRR, filed by All Plaintiffs. MONROE COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)
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17
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April 15, 2016
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RETURN of Service by CMRRR, filed by All Plaintiffs. TIPPECANOE COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)
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18
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April 15, 2016
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RETURN of Service by CMRRR, filed by All Plaintiffs. MARION COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)
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19
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April 15, 2016
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RETURN of Service by CMRRR, filed by All Plaintiffs. INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA served on 4/12/2016. (Falk, Kenneth) (Entered: 04/15/2016)
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20
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April 19, 2016
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MOTION for Attorney(s) Jennifer Dalven to Appear pro hac vice (Filing fee $100, receipt number 0756-3858203), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Exhibit Certification of Jennifer Dalven, # 2 Text of Proposed Order)(Mensz, Jan) (Entered: 04/19/2016)
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21
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April 20, 2016
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ORDER granting 20 Motion to Appear pro hac vice. Attorney Jennifer Dalven for MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. and SHAUNA SIDHOM added. The court FURTHER ORDERS that Jennifer Dalven register as a user of the court's electronic case filing system by May 4, 2016. Failure to register could result in the revocation of her admission pro hac vice. Copy to Jennifer Dalven via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 4/20/2016. (SWM) (Entered: 04/20/2016)
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22
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April 21, 2016
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MOTION to Drop Shauna Sidhom as One of the Plaintiffs in this Cause, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/21/2016)
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23
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April 21, 2016
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ORDER - Plaintiffs have filed their Motion to Drop Shauna Sidhom as One of the Plaintiffs in this Cause. The Court has reviewed the motion and, being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that Shauna Sidhom is dropped and dismissed a s one of the plaintiffs in this action and that in all other aspects of the complaint in this cause are left undisturbed. Copy to Lake County Prosecutor via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/21/2016. (JLS) (Entered: 04/22/2016)
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32
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April 25, 2016
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SCHEDULING ORDER - Plaintiffs' Motion for Preliminary Injunction (Filing No. 7) is scheduled for hearing on June 14, 2016 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 04/25/2016.(JLS) (Entered: 05/03/2016)
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24
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April 26, 2016
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ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 4/21/2016. The following schedule governs discovery and briefing in connection with the plaintiffs' motion for preliminary injunction: The plaintiffs will file their brief in support of the motion for preliminary injunction by April 29, 2016. Defendants will file their brief in response to the motion by June 1, 2016. Plaintiffs will file their reply in support of the motion by June 8, 2016. The parties will serve any written discovery requests by May 4, 2016. The defendants will serve disclosures of any experts they intend to use for preliminary injunction purposes by May 13, 2016. The parties will complete discovery (except for expert discovery) by May 20, 2016. Telephone Status Conference set for 5/17/2016 at 10:30 AM before Magistrate Judge Debra McVicker Lynch. The preliminary injunction hearing will be set by separate order. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 04/26/2016)
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25
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April 28, 2016
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NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant LAKE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 04/28/2016)
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26
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April 28, 2016
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NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendant LAKE COUNTY PROSECUTOR. (McVeigh, Heather) (Entered: 04/28/2016)
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27
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April 28, 2016
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NOTICE of Appearance by Lara K. Langeneckert on behalf of Defendant LAKE COUNTY PROSECUTOR. (Langeneckert, Lara) (Entered: 04/28/2016)
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28
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April 28, 2016
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NOTICE of Appearance by Kenneth Biggins, Jr on behalf of Defendant LAKE COUNTY PROSECUTOR. (Biggins, Kenneth) (Entered: 04/28/2016)
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29
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April 28, 2016
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NOTICE of Appearance by Jonathan R. Sichtermann on behalf of Defendant LAKE COUNTY PROSECUTOR. (Sichtermann, Jonathan) (Entered: 04/28/2016)
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30
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April 29, 2016
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BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Declaration of Betty Cockrum, # 2 Exhibit Declaration of Marshall Levine, # 3 Exhibit Declaration of Dr. John Stutsman)(Falk, Kenneth) (Entered: 04/29/2016)
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31
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May 2, 2016
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NOTICE OF AUTOMATIC INITIAL EXTENSION OF TIME TO RESPOND TO COMPLAINT, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR, re 1 Complaint. (Fisher, Thomas) (Entered: 05/02/2016)
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33
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May 3, 2016
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MOTION for Attorney(s) Helene T. Krasnoff to Appear pro hac vice (Filing fee $100, receipt number 0756-3875497), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit A - Proposed Order)(Krasnoff, Helene) (Entered: 05/03/2016)
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34
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May 4, 2016
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ORDER granting Helene T. Krasnoff's 33 Motion to Appear pro hac vice on behalf of the PLAINTIFFS. Signed by Magistrate Judge Debra McVicker Lynch on 5/4/2016. (SWM) (Entered: 05/05/2016)
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35
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May 11, 2016
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MOTION for Protective Order (STIPULATED), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 05/11/2016)
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36
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May 16, 2016
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NOTICE of Appearance by Anthony Scott Chinn on behalf of Intervenor Plaintiffs TRUSTEES OF INDIANA UNIVERSITY, Bruce Lamb, Debomoy Lahiri. (Chinn, Anthony) (Entered: 05/16/2016)
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37
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May 16, 2016
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MOTION to Intervene, filed by Intervenor Plaintiffs Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Exhibit Complaint, # 2 Text of Proposed Order)(Chinn, Anthony) (Entered: 05/16/2016)
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38
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May 16, 2016
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NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY, Plaintiffs Bruce Lamb, Debomoy Lahiri. (Ricchiuto, Anne) (Entered: 05/16/2016)
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39
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May 16, 2016
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NOTICE of Appearance by Juliana Yanez on behalf of Intervenor Plaintiffs Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Yanez, Juliana) (Entered: 05/16/2016)
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40
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May 16, 2016
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NOTICE of Appearance by Anthony Scott Chinn on behalf of Intervenor Plaintiff Fred H. Cate. (Chinn, Anthony) (Entered: 05/16/2016)
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41
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May 16, 2016
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Amended MOTION to Intervene, filed by Intervenor Plaintiffs Fred H. Cate, Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Chinn, Anthony) (Entered: 05/16/2016)
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42
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May 16, 2016
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NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Intervenor Plaintiff Fred H. Cate. (Ricchiuto, Anne) (Entered: 05/16/2016)
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43
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May 16, 2016
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NOTICE of Appearance by Juliana Yanez on behalf of Intervenor Plaintiff Fred H. Cate. (Yanez, Juliana) (Entered: 05/16/2016)
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44
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May 18, 2016
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UNIFORM STIPULATED PROTECTIVE ORDER 35 APPROVED. Signed by Magistrate Judge Debra McVicker Lynch on 5/18/2016.(SWM) (Entered: 05/18/2016)
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45
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May 19, 2016
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ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 5/17/2016. Any opposition to the motion to intervene must be filed by May 20, 2016; any reply in support must be filed by close of business May 23, 2016. The proposed intervenors may tender by filing their motion for preliminary injunction and brief in support; no response or other action with regard to that motion is required pending ruling on the motion to intervene. The parties must file their witness and exhibit lists for the June 14, 2016 hearing by June 10, 2016. The defendants have not made full expert disclosures as previously ordered and must do so no later than May 20, 2016. This is not an extension of time, however, and does not preclude the plaintiff seeking appropriate relief in connection with complete disclosures not having been made by May 13, 2016. Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 05/19/2016)
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46
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May 20, 2016
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MOTION for Preliminary Injunction, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Ricchiuto, Anne) (Entered: 05/20/2016)
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47
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May 20, 2016
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BRIEF/MEMORANDUM in Support re 46 MOTION for Preliminary Injunction, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Affidavit Ex. 1 - Affidavit of Dr. Bruce Lamb, # 2 Exhibit Lamb Ex. A - Lamb Curriculum Vitae, # 3 Affidavit Ex. 2 - Affidavit of Dr. Debomoy Lahiri, # 4 Exhibit Lahiri Ex. A - Lahiri Biographical Sketch, # 5 Exhibit Lahiri Ex. B - Lahiri Grant Award, # 6 Exhibit Lahiri Ex. C - Article: "Human primary mixed brain cultures", # 7 Exhibit Lahiri Ex. D - Article: "Molecular Bases of Disease", # 8 Exhibit Lahiri Ex. E - Article: "MicroRNA-153", # 9 Affidavit Ex. 3 - Affidavit of Dr. Fred H. Cate, # 10 Exhibit Cate Ex. A - Cate Curriculum Vitae, # 11 Exhibit Cate Ex. B - Principles and Guidelines for NIH Grants, # 12 Exhibit Cate Ex. C - NIH Grants Policy Statements)(Ricchiuto, Anne) (Entered: 05/20/2016)
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48
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May 20, 2016
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RESPONSE in Opposition re 41 Amended MOTION to Intervene, filed by Defendant MARION COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 05/20/2016)
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49
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May 23, 2016
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REPLY in Support of Motion re 41 Amended MOTION to Intervene, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Ricchiuto, Anne) (Entered: 05/23/2016)
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50
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May 24, 2016
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ORDER denying 41 Motion to Intervene by IU as of right or, alternatively, with permission, is DENIED. Signed by Magistrate Judge Debra McVicker Lynch on 5/24/2016. (CBU)
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51
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May 25, 2016
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ORDER - In lieu of the order denying the motion to intervene by IU Plaintiffs, the Motion for Preliminary Injunction (Dkt. 46) is DENIED as MOOT. This order does not foreclose the IU Plaintiffs from filing their motion for preliminary injunction in a separate case. Signed by Judge Tanya Walton Pratt on 5/25/2016. (JLS) (Entered: 05/26/2016)
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52
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May 27, 2016
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ANSWER to 1 Complaint, filed by All Defendants.(Fisher, Thomas) (Entered: 05/27/2016)
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53
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June 1, 2016
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MOTION to Withdraw Attorney Appearance of Jonathan Sichtermann, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 06/01/2016)
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54
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June 1, 2016
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RESPONSE in Opposition re 7 MOTION for Preliminary Injunction, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit Declaration of Steven E. Calvin, M.D., # 2 Exhibit Deposition of John W. Stutsman, M.D., FACOG, # 3 Exhibit Declaration of Ashleigh Moon, # 4 Exhibit Declaration of Michele Mazelin, # 5 Exhibit Declaration of Robin Atkins, # 6 Exhibit Deposition of Betty L. Cockrum, # 7 Exhibit Deposition of Dr. Marshall D. Levine, # 8 Exhibit Response and Objections of Planned Parenthood of Indiana and Kentucky, Inc. to Defendants First Set of Interrogatories, # 9 Exhibit Agreed Order in Commr, Ind. Dept of Envtl. Mgmt. v. MedAssure of Ind. LLC, No. 2016-23569-S, # 10 Exhibit Letter from Matthew Foster to Kenneth J. Falk (June 1, 2016))(Fisher, Thomas) (Entered: 06/01/2016)
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55
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June 2, 2016
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ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE - This matter is before the Court on Defendants' motion for leave to withdraw former Deputy Attorney General Jonathan Sichtermann's appearance in the instant matter. The Court now GRANTS the motion to withdraw. The Clerk is directed to show on the docket that the appearance of Jonathan Sichtermann is withdrawn as of the date of this order. Signed by Judge Tanya Walton Pratt on 6/2/2016. (JLS) (Entered: 06/02/2016)
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56
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June 6, 2016
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Summons Issued as to MONROE COUNTY PROSECUTOR. (JLS) (Entered: 06/07/2016)
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57
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June 8, 2016
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REPLY in Support of Motion re 7 MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Excerpts of Deposition of Dr. John Stutsman with deposition exhibits 3 and 4, # 2 Exhibit Declaration of Suzannah Overholt)(Falk, Kenneth) (Entered: 06/08/2016)
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58
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June 9, 2016
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Witness List, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Exhibit List, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 06/09/2016)
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59
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June 10, 2016
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Witness List and Exhibit List, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 06/10/2016)
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60
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June 14, 2016
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MINUTE ENTRY for preliminary injunction hearing held before Judge Tanya Walton Pratt on 6/14/2016: Parties appeared by counsel. Argument presented. Plaintiffs' Motion for Preliminary Injunction was taken under advisement. An order will issue prior to July 1, 2016. Signed by Judge Tanya Walton Pratt. (Court Reporter Amy Doman.)(TRG) (Entered: 06/14/2016)
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61
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June 30, 2016
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ENTRY GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - PPINK's Motion for Preliminary Injunction is GRANTED. (Filing No. 7 .) Pursuant to Federal Rule of Civil Procedure 65(d), the Court ISSUES A PRELIMINARY INJUNCTION. Signed by Judge Tanya Walton Pratt. (TRG)
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62
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June 30, 2016
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PRELIMINARY INJUNCTION PROHIBITING ENFORCEMENT OF SELECTED PROVISIONS OF INDIANA HOUSE ENROLLED ACT NO. 1337 - The State of Indiana, its agents and agencies, and all political subdivisions thereof are prohibited from enforcing the following provisions of Indiana House Enrolled Act No. 1337: the anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16-34-4-7, 16-34-4-8; the information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1)(K); and all the fetal tissue disposition provisions, Indiana Code §§ 16-34-3-4(a), Indiana Code 16-41-16-4(d). Plaintiffs are not required to post a bond. Signed by Judge Tanya Walton Pratt.(TRG) (Entered: 06/30/2016)
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63
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Aug. 3, 2016
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SCHEDULING ORDER: Status Conference set for 8/25/2016 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The parties are to contact the court at 317.229.3630 to participate in the conference. Where multiple counsel representing a party are participating in the conference, those counsel should call in to the court on a single line. Signed by Magistrate Judge Debra McVicker Lynch on 8/3/2016.(SWM) (Entered: 08/04/2016)
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64
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Aug. 8, 2016
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MOTION to Approve Proposed Discovery and Briefing Schedule in Lieu of Case Management Plan, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/08/2016)
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65
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Aug. 10, 2016
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ORDER granting Parties' 64 Joint Motion Approve Proposed Discovery and Briefing Schedule in Lieu of Case Management Plan. See Order for established deadline and briefing schedule. IT IS FURTHER ORDERED that in the event that this matter is not completely resolved through summary judgment the parties shall file their case management plan no later than 30 days after the summary judgment ruling. Signed by Magistrate Judge Debra McVicker Lynch on 8/10/2016.(SWM) (Entered: 08/10/2016)
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66
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Sept. 6, 2016
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ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch on 8/25/2016. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 09/06/2016)
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67
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Sept. 9, 2016
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MOTION for Leave to File Amended Complaint, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order)(Mensz, Jan) (Entered: 09/09/2016)
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68
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Oct. 7, 2016
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MOTION to Withdraw Attorney Appearance of Heather McVeigh, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(McVeigh, Heather) (Entered: 10/07/2016)
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69
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Oct. 12, 2016
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ORDER granting Plaintiffs' 67 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 10/12/2016. (SWM) (Entered: 10/12/2016)
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70
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Oct. 12, 2016
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AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(SWM) (Entered: 10/12/2016)
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71
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Oct. 13, 2016
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ORDER granting 68 Motion to Withdraw Attorney Appearance. Attorney Heather Hagan McVeigh withdrawn. The appearances of Thomas M. Fisher and Lara Langeneckert for the above Defendants will remain in effect. Signed by Judge Tanya Walton Pratt on 10/13/2016. (JLS) (Entered: 10/13/2016)
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72
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Oct. 21, 2016
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NOTICE of Appearance by Cale Addison Bradford on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Bradford, Cale) (Entered: 10/21/2016)
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73
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Oct. 25, 2016
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MOTION for Summary Judgment, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Exhibit (Supp. Decl. of Betty Cockrum))(Rose, Gavin) (Entered: 10/25/2016)
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74
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Oct. 25, 2016
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BRIEF/MEMORANDUM in Support re 73 MOTION for Summary Judgment, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Rose, Gavin) (Entered: 10/25/2016)
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75
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Oct. 26, 2016
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MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit Declaration of Glenn Tebbe, # 2 Exhibit Deposition Transcript of Suzannah W. Overholt, # 3 Envelope Certificate of Fetal Death)(Fisher, Thomas) (Entered: 10/26/2016)
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76
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Oct. 26, 2016
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BRIEF/MEMORANDUM in Support re 75 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 10/26/2016)
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77
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Nov. 22, 2016
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RESPONSE in Opposition re 75 MOTION for Summary Judgment and in Support of Plaintiffs' Motion for Summary Judgment 73, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Falk, Kenneth) (Entered: 11/22/2016)
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78
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Nov. 23, 2016
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REPLY in Support of Motion re 75 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 11/23/2016)
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79
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Jan. 27, 2017
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STIPULATION of Dismissal of Dr. Marshall Levine, M.D. as plaintiff, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/27/2017)
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80
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Jan. 27, 2017
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Unopposed MOTION to Amend/Correct - File Second Amended Complaint, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/27/2017)
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81
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Jan. 30, 2017
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DISMISSAL - Order. Dr. Marshall Levine, M.D., is dismissed as a plaintiff in this case. (See Order.) Signed by Judge Tanya Walton Pratt on 1/30/2017.(JLS) (Entered: 01/30/2017)
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82
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Jan. 31, 2017
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ORDER granting Plaintiffs' 80 Motion for leave to file second amended complaint. Signed by Magistrate Judge Debra McVicker Lynch on 1/31/2017. (SWM) (Entered: 02/01/2017)
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83
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Jan. 31, 2017
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SECOND AMENDED COMPLAINT against All Defendants, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. and CAROL DELLINGER (SWM) (Entered: 02/01/2017)
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84
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Feb. 1, 2017
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STIPULATION Regarding Second Amended Complaint, filed by Plaintiffs CAROL DELLINGER, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Declaration- Carol Dellinger, M.D., # 2 Text of Proposed Order)(Falk, Kenneth) Modified on 2/2/2017 (TRG). (Entered: 02/01/2017)
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85
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Feb. 3, 2017
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ORDER approving Parties' 84 Stipulation Regarding Second Amended Complaint. The Clerk is directed to docket the Declaration, at Dkt. 84-1. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 2/3/2017. (SWM) (Entered: 02/03/2017)
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86
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Feb. 3, 2017
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DECLARATION of Carol Dellinger, filed by CAROL DELLINGER and PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (SWM) (Entered: 02/03/2017)
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87
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Feb. 7, 2017
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MOTION to Submit Supplemental Authority, filed by Plaintiffs CAROL DELLINGER, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 02/07/2017)
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88
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March 13, 2017
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ORDER - Plaintiffs, having filed their 87 Motion to Submit Supplemental Authority, and the Court having read the motion and being duly advised finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that the supplemental authority cited by the plaintiffs is deemed submitted for this Court's consideration. Signed by Judge Tanya Walton Pratt on 3/13/2017. (JLS) (Entered: 03/13/2017)
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89
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May 24, 2017
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MOTION to Withdraw Attorney Appearance of Cale Addison Bradford, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Bradford, Cale) (Entered: 05/24/2017)
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90
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May 25, 2017
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ORDER granting 89 Motion to Withdraw Attorney Appearance. Attorney Cale Addison Bradford withdrawn. Signed by Judge Tanya Walton Pratt on 5/25/2017. (JLS) (Entered: 05/26/2017)
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91
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Sept. 22, 2017
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ORDER - 73 Motion for Summary Judgment is granted. 75 Motion for Summary Judgment is denied. The Court ISSUES A PERMANENT INJUNCTION prohibiting the State from enforcing the following provisions of HEA 1337: the anti- discrimination provision s, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16- 34-4-7, 16-34-4-8, the information dissemination provision, Indiana Code § 16- 34-2-1.1(a)(1)(K), and the fetal tissue disposition provisions. See order for details. Signed by Judge Tanya Walton Pratt on 9/22/2017. (MEJ)
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92
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Sept. 22, 2017
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CLOSED JUDGMENT Judgment is entered in favor of Plaintiffs Planned Parenthood of Indiana and Kentucky, Inc. and Carol Dellinger, M.D., against Defendants in their official capacities. It is DECLARED that the following provisions of House Enrolled Act 1337 violate the United States Constitution, and the State of Indiana, its agents and agencies, and all political subdivisions thereof are ENJOINED from enforcing them: The anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16- 34-4-6, 16-34-4-7, 16-34-4-8; The information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1) (K); and All of the fetal tissue disposition provisions, Indiana Code §§ 16- 34-3-4(a), Indiana Code 16-41-16-4(d). Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 9/22/2017. (MEJ) Modified on 9/22/2017 to clarify (MEJ). (Entered: 09/22/2017)
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93
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Sept. 27, 2017
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Unopposed MOTION for Extension of Time to Petition for Attorneys' Fees and Costs, filed by Plaintiffs CAROL DELLINGER, MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/27/2017)
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94
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Sept. 28, 2017
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ORDER - 93 Motion for Extension of Time to Petition for Attorneys' Fees and Costs is granted. IT IS THEREFORE ORDERED that the time within which plaintiffs must file their 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; 95 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 Judge Tanya Walton Pratt on 9/28/2017. (MEJ) (Entered: 09/28/2017)
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95
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Oct. 6, 2017
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Joint MOTION To Alter Or Amend Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Final Judgment)(Fisher, Thomas) (Entered: 10/06/2017)
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96
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Oct. 11, 2017
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ORDER granting 95 Motion to Alter or Amend Judgment. the Court's Final Judgment Pursuant to Fed. R. Civ. Pro. 58, ECF No. 92, entered on September 22, 2017, is amended as follows: the bullet point that previously read: "All of the fetal tissue disposition provisions, Indiana Code §§ 16-34-3-4(a), Indiana Code 16-41-16-4(d)" is changed to read: "As applied to pre-viability abortions and miscarriages only, all of the fetal tissue disposition provisions, including Indiana Code §§ 16-21-11-6; 16-34-3-4 (a), 16- 41-16-1, 16-41-16-4(d), 16-41-16-5 and 16-41-16-7.6." The Court will issue a new Final Judgment reflecting this amendment. Signed by Judge Tanya Walton Pratt on 10/11/2017. (MEJ) (Entered: 10/12/2017)
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97
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Oct. 11, 2017
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JUDGMENT in favor of the Plaintiffs and against the Defendants. It is DECLARED that the following provisions of House Enrolled Act 1337violate the United States Constitution, and the State of Indiana, its agents andagencies, and all political subdivisions thereof are ENJOINED from enforcing them: The anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16-34-4-7, 16-34-4-8; The information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1)(K); and As applied to pre-viability abortions and miscarriages only, all of the fetal tissue disposition provisions, including Indiana Code §§ 16-21-11-6; 16-34-3- 4(a), 16-41-16-1, 16-41-16-4(d), 16-41-16-5 and 16-41-16-7.6. Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 10/11/2017. (MEJ) (Entered: 10/12/2017)
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98
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Oct. 12, 2017
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Second MOTION for Extension of Time to Petition for Attorneys' Fees and Costs (Unopposed), filed by Plaintiffs CAROL DELLINGER, MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/12/2017)
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99
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Oct. 13, 2017
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ORDER granting 98 Motion for Extension of Time to Petition for Attorneys' Fees and Costs. The time within which plaintiffs must file their 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; 95 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 Judge Tanya Walton Pratt on 10/13/2017. (MEJ) (Entered: 10/13/2017)
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100
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Oct. 19, 2017
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NOTICE OF APPEAL as to 92 Closed Judgment, 97 Judgment, 91 Order on Motion for Summary Judgment, 96 Order on Motion, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (No fee paid with this filing) (Fisher, Thomas) (Entered: 10/19/2017)
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