Case: Nowak v. Baxmeyer

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AINNDC-5282137.), filed by All Plaintiffs.(Hull, Kent) Modified to correct who the complaint is file against on 6/27/2023 (nhc). (Entered: 06/26/2023)

NOTICE of Appearance by Kent Hull on behalf of All Plaintiffs (Hull, Kent) (Entered: 06/26/2023)

Proposed Summons filed by RANDY JOSEPH NOWAK. (Hull, Kent) (Entered: 06/26/2023)

Proposed Summons filed by RANDY JOSEPH NOWAK. (Hull, Kent) (Entered: 06/26/2023)

Proposed Summons filed by RANDY JOSEPH NOWAK. (Hull, Kent) (Entered: 06/26/2023)

Civil Cover Sheet by RANDY JOSEPH NOWAK (Hull, Kent) Modified to correct title of document on 6/27/2023 (nhc). (Entered: 06/27/2023)

Summons Issued as to Carl H. Baxmeyer, Mark Root, St. Joseph County. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nhc) (Entered: 06/27/2023)

Add and Terminate Judges

**NEW CASE** Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. (nhc)

AFFIDAVIT of Service for SUMMONS WITH COMPLAINT served on DEFENDANTS BAXMEYER, ROOT AND ST. JOSEPH COUNTY on 06/28/2023, filed by Randy Joseph Nowak. (Hull, Kent) (Entered: 06/28/2023)

ORDER: The undersigned RECUSES himself from all further proceedings in this case. The Clerk is ORDERED to randomly reassign this case to a Magistrate Judge within the District for the purpose of conducting all non-dispositive pretrial proceedings, pursuant to 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a) and the General Orders of this Court. Case reassigned to Magistrate Judge Susan L Collins for all further proceedings. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/28/23. (nal) (Entered: 06/28/2023)

Set/Reset Deadlines

Set/Reset Deadlines: Per DE 8 Defendants Baxmeyer, Root and St. Joseph County answer due 7/19/2023. (nae)

First MOTION for Leave to File Tendered Supplemental Complaint by Plaintiff Randy Joseph Nowak. (Attachments: # 1 Exhibit TENDERED SUPPLEMENTA COMPLAINT, # 2 Exhibit ORIGINAL COMPLAINT, # 3 Exhibit TENDERED ORDER)(Hull, Kent) Modified to add docket text on 7/5/2023 (kmt). (Entered: 07/03/2023)

MOTION to Certify Class by Plaintiff Laura McLellan. (Attachments: # 1 BRIEF SUPPORTING MOTION TO CERTIFY CLASS, # 2 TENDERED ORDER CERTIFYING CLASS)(Hull, Kent) Modified on 7/6/2023 correct title (jdb). (Entered: 07/05/2023)

First MOTION for Preliminary Injunction by Plaintiff Laura McLellan. (Attachments: # 1 Affidavit DECLARATION OF LAURA MCLELLAN, # 2 Affidavit DECLARATION OF ROY SAENZ, # 3 Addendum PLAINTIFFS' BRIEF SUPPORTING MOTION FOR PRELIMINARY INJUNCTION, # 4 Addendum TENDERED ORDER)(Hull, Kent) (Entered: 07/06/2023)

AFFIDAVIT of KENT HULL re 11 MOTION to Certify Class by Laura McLellan. (Hull, Kent) (Entered: 07/06/2023)

ORDER: The court DENIES IN PART the plaintiffs' request to file a supplement to their complaint [ECF 10 ] but, noting the newly-filed preliminary injunction motion, GRANTS IN PART and AFFORDS the plaintiffs until 9:00 a.m. (EDT) on July 10, 2023 to file an amended complaint. Signed by Judge Damon R Leichty on 7/6/23. (dk) (Entered: 07/06/2023)

AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Carl H. Baxmeyer, filed by Laura McLellan.(Hull, Kent) (Entered: 07/07/2023)

NOTICE of Appearance by Michael P Misch on behalf of Carl H. Baxmeyer, Mark Root, St. Joseph County (Misch, Michael) (Entered: 07/07/2023)

NOTICE of Appearance by Stephanie L Nemeth on behalf of Carl H. Baxmeyer, Mark Root, St. Joseph County (Nemeth, Stephanie) (Entered: 07/07/2023)

MOTION TO ADD DEFENDANT by Plaintiff Laura McLellan. (Attachments: # 1 Exhibit TENDERED ORFER)(Hull, Kent) (Entered: 07/07/2023)

ORDER: The court SETS an in-person hearing for Monday, July 10, 2023 at 3:30 p.m. (ET) in the Robert L. Miller, Jr. Courtroom in South Bend, Indiana to discuss scheduling and other matters for the preliminary injunction motion. The court ORDERS the plaintiffs to provide prompt notice of this order to all defendants, including the Indiana Attorney Generals Office, by mail, telephone, and email if the plaintiffs still intend to add a state official as a defendant. The court strongly encourages the plaintiffs to perfect service and promptly notify the court upon its completion. Signed by Judge Damon R Leichty on 7/7/23. (dk) (Entered: 07/07/2023)

AFFIDAVIT of Service for ORDER OF JULY 7, 2023 served on PATRICIA O. ERDMANN on JULY 7, 2023, filed by Laura McLellan. (Hull, Kent) (Entered: 07/07/2023)

AFFIDAVIT of Service for SUPPLEMENTAL AFFIDAVIT-DECLARATION OF SERVICE served on ATTORNEY GENERAL OF INDIANA on JULY 10, 2023, filed by Laura McLellan. (Hull, Kent) (Entered: 07/10/2023)

NOTICE of Appearance by Adrienne Pope on behalf of Lindsay Weaver (Pope, Adrienne) (Entered: 07/10/2023)

NOTICE of Appearance by Katherine A Meltzer on behalf of Lindsay Weaver (Meltzer, Katherine) (Entered: 07/10/2023)

SCHEDULING CONFERENCE held on 7/10/2023 before Judge Damon R Leichty. Pla appeared by atty Hull. Dfts appeared by attys Misch, Pope. The court hears from the parties. Plaintiff's supplemental brief to be filed by 7/13/2023. Defendant's response to be filed by 7/19/2023. Plaintiff's reply to be filed by 7/21/2023. Hearing on plaintiff's 12 Motion for Preliminary Injunction set for 7/25/2023 09:30 AM (EDT) in US District Court - South Bend before Judge Damon R Leichty. For reasons stated, plaintiff's 18 Motion to add defendant is DENIED AS MOOT. (Court Reporter D. Bonk.) (dk) (Entered: 07/11/2023)

TRANSCRIPT of Hearing held on July 10, 2023, before Judge Damon R Leichty. Court Reporter Debra Bonk, Telephone 574-246-8039, E-mail debra_bonk@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 7/18/2023. Redaction Request due 8/1/2023. Redacted Transcript Deadline set for 8/11/2023. Release of Transcript Restriction set for 10/10/2023. (db) (Entered: 07/11/2023)

Scheduling Conference AND ~Util - Terminate Motions

STATEMENT PLAINTIFFS' WITNESS LIST. (Hull, Kent) (Entered: 07/12/2023)

AFFIDAVIT in Support re 12 First MOTION for Preliminary Injunction SUPPLEMENTAL AFFIDAVIT OF ROYSAENZ filed by Roy Saenz. (Hull, Kent) (Entered: 07/13/2023)

AFFIDAVIT in Support re 12 First MOTION for Preliminary Injunction SUPPLEMNTAL AFFIDAVIT OF LAURA MCLELLAN filed by Roy Saenz. (Attachments: # 1 Exhibit EXHIBIT TO MCLELLAN SUPPLEMENTAL AFFIDAVIT)(Hull, Kent) (Entered: 07/13/2023)

BRIEF in Support of 12 First MOTION for Preliminary Injunction SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION filed by Laura McLellan. (Hull, Kent) (Entered: 07/13/2023)

NOTICE of Appearance by Shaw R Friedman on behalf of All Plaintiffs (Friedman, Shaw) (Entered: 07/17/2023)

Terminate Deadlines/Hearings

***Amended Pleadings Deadline terminated. (mlc)

Witness List/Exhibit List by Carl H. Baxmeyer, Mark Root, St. Joseph County. (Nemeth, Stephanie) (Entered: 07/19/2023)

Witness List/Exhibit List by Lindsay Weaver. (Pope, Adrienne) (Entered: 07/19/2023)

RESPONSE to Motion re 12 First MOTION for Preliminary Injunction AND MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT filed by Carl H. Baxmeyer, Mark Root, St. Joseph County. (Attachments: # 1 Exhibit A - Resolution R-2-C-2023, # 2 Exhibit B - Resolution R17-23, # 3 Exhibit C - Affidavit of Kortney Mullins)(Nemeth, Stephanie) (Entered: 07/19/2023)

MOTION to Dismiss AND DEFENDANT WEAVERS MOTION TO JOIN COUNTY DEFENDANTS RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION by Defendant Lindsay Weaver. (Pope, Adrienne) (Entered: 07/19/2023)

RESPONSE to Motion re 12 First MOTION for Preliminary Injunction DEFENDANT WEAVERS SUPPLEMENTAL RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS filed by Lindsay Weaver. (Pope, Adrienne) (Entered: 07/19/2023)

DOCKETED IN ERROR PER ATTORNEY - REPLY to Response to Motion re 12 First MOTION for Preliminary Injunction filed by Laura McLellan. (Attachments: # 1 Affidavit DECLARATION OF LAURA MCLELLAN, # 2 Affidavit DECLARATION OF ROY SAENZ, # 3 Affidavit DECLARATION OF JULIE CALHOUN)(Hull, Kent) Modified on 7/24/2023 (kmt). (Entered: 07/21/2023)

REPLY to Response to Motion re 12 First MOTION for Preliminary Injunction CORRECTED PLAINTIFFS' REPLY BRIEF SUPPORTING MOTION FOR PRELIMINARY INJUNCTION filed by Laura McLellan. (Attachments: # 1 Affidavit DECLARATION OF LAURA MCLELLAN, # 2 Affidavit DECLARATION OF JULIE CALHOUN, # 3 Affidavit DECLARATION OF ROY SAENZ)(Hull, Kent) (Entered: 07/21/2023)

MOTION for Leave to Appear DEFENDANT WEAVERS MOTION FOR WITNESS TO APPEAR TELEPHONICALLY OR VIA ZOOM by Defendant Lindsay Weaver. (Pope, Adrienne) (Entered: 07/24/2023)

RESPONSE to Motion re 38 MOTION for Leave to Appear DEFENDANT WEAVERS MOTION FOR WITNESS TO APPEAR TELEPHONICALLY OR VIA ZOOM filed by Laura McLellan. (Hull, Kent) (Entered: 07/24/2023)

ORDER: The court ORDERS the parties to meet and confer before tomorrow's hearing to plan the efficient presentation of evidence. Signed by Judge Damon R Leichty on 7/24/2023. (dk) (Entered: 07/24/2023)

ORDER: The court GRANTS Dr. Weaver's 38 motion to allow Brenda Buroker to appear via Zoom for the July 25 preliminary injunction hearing and ORDERS counsel to coordinate with the court's courtroom deputy today to facilitate the technology, given the lateness of the request. Signed by Judge Damon R Leichty on 7/24/2023. (dk) (Entered: 07/24/2023)

NOTICE by Carl H. Baxmeyer, Mark Root, St. Joseph County of initiation of settlement discussions (Misch, Michael) (Entered: 07/24/2023)

MOTION HEARING held on 7/25/2023 before Judge Damon R Leichty. Pla appeared by attys Friedman, Hull. Dft appeared by attys Misch, Pope re 12 First Motion for Preliminary Injunction. Parties appear and request time to discuss potential settlement. Settlement discussions commence. Parties place settlement terms on the record. Oral motion to dismiss Indiana Department of Health is GRANTED. Dismissal Papers to be filed by 8/29/2023. (Court Reporter D. Bonk.) (dk) (Entered: 07/25/2023)

Motion Hearing

Final STIPULATION to Dismiss by Plaintiff Julie Calhoun. (Attachments: # 1 Exhibit Tendered Order)(Hull, Kent) (Entered: 08/27/2023)

ORDER: The court DISMISSES the case with prejudice and DENIES AS MOOT Plaintiff's Motion to Certify Class (ECF 11 ), Plaintiff's Motion for a Preliminary Injunction (ECF 12 ), and Defendant's Motion to Dismiss (ECF 34 ). Text-only order by Judge Damon R Leichty on 8/28/2023. (rmc) (Entered: 08/28/2023)

Order Dismissing Case