Case: L.A. v. Braun

1:25-cv-00596 | U.S. District Court for the Southern District of Indiana

Filed Date: March 28, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action lawsuit challenging a state directive that prevented transgender Indiana residents from changing their birth certificate to reflect their gender. On March 4, 2025, the Governor of Indiana signed Executive Order 25-36, which purported to define "sex" and "gender" as immutable characteristics determined at conception. On March 28, 2025, a 15-year-old transgender girl and her legal guardian filed a lawsuit in the U.S. District Court for the Southern District of Indi…

This is a putative class action lawsuit challenging a state directive that prevented transgender Indiana residents from changing their birth certificate to reflect their gender. On March 4, 2025, the Governor of Indiana signed Executive Order 25-36, which purported to define "sex" and "gender" as immutable characteristics determined at conception. On March 28, 2025, a 15-year-old transgender girl and her legal guardian filed a lawsuit in the U.S. District Court for the Southern District of Indiana. The suit challenges the Executive Order insofar as the Indiana State Department of Health is relying on it to justify its refusal to process gender-marker changes that have already been approved by state courts. Represented by the ACLU of Indiana, the plaintiffs sued the Governor and the State Registrar & Division Director of Vital Records of the Indiana Department of Health. They brought the suit under 42 USC § 1983, alleged violations of the Fourteenth Amendment's Equal Protection Clause and Substantive Due Process Clause (based on the right to privacy). The plaintiffs sought declaratory and injunctive relief, as well as class certification. U.S. District Court Judge Matthew P. Brookman was assigned to the case. 

An Indiana state law permits the state Department of Health to make corrections to birth certifications upon receipt of “adequate documentary evidence.” The complaint alleged that court orders changing birth certificates are common for a variety of reasons, including for transgender people. The Governor’s Executive Order prohibits Indiana state agencies from maintaining policies that promote “modern gender ideology.” Due to the directive, the Indiana State Registrar refused to process gender-marker changes for persons whose gender does not match their sex as defined by the Executive Order, even if a state court has ordered the change. The complaint stated that an Indiana trial court had granted the plaintiff a gender marker change on her birth certificate on March 14, 2025, but the amendment will not be made due to the new policy.

The plaintiff also brought a class action claim, defining the putative class as “all present and future persons who are unable to obtain a change in the gender marker on their Indiana birth certificate because of Executive Order 25-36 and/or any subsequent similar Executive Orders.” 

The case is ongoing as of April 2025.

Summary Authors

Isabel Bysiewicz (4/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69807079/parties/a-v-braun/


Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00596

Complaint

March 28, 2025

March 28, 2025

Complaint
34

1:25-cv-00596

Amended Class Action Complaint for Declaratory and Injunctive Relief

May 26, 2025

May 26, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69807079/a-v-braun/

Last updated April 8, 2026, 9 p.m.

ECF Number Date Description Link
1 March 28, 2025

COMPLAINT for Declaratory and Injunctive Relief - Class Action against All Defendants, filed by L. A.. (Filing fee $405, receipt number AINSDC-8606989) (Attachments: # 1 Exhibit Executive Order, # 2 Exhibit Notice from Registrar, # 3 Proposed Summons, # 4 Civil Cover Sheet)(Falk, Kenneth) (Entered: 03/28/2025)

1 Exhibit Executive Order

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2 Exhibit Notice from Registrar

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3 Proposed Summons

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4 Civil Cover Sheet

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Clearinghouse
2 March 28, 2025

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff L. A.. (Falk, Kenneth) (Entered: 03/28/2025)

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3 March 28, 2025

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff L. A.. (Rose, Gavin) (Entered: 03/28/2025)

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4 March 28, 2025

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff L. A.. (Pactor, Stevie) (Entered: 03/28/2025)

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5 March 31, 2025

Summons Issued as to MIKE BRAUN, LARRY K. ERVIN. (AAS) (Entered: 03/31/2025)

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6 March 31, 2025

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) (Entered: 03/31/2025)

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7 March 31, 2025

Notice to File Rule 7.1 Disclosure Statement. (KLS) (AAS) (Entered: 03/31/2025)

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8 March 31, 2025

PRACTICES AND PROCEDURES before District Judge Matthew P. Brookman. (AAS) (Entered: 03/31/2025)

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9 April 2, 2025

MOTION for Preliminary Injunction, filed by Plaintiff L. A.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/02/2025)

1 Text of Proposed Order

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10 April 2, 2025

NOTICE of Appearance by James A. Barta on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/02/2025)

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11 April 2, 2025

NOTICE of Appearance by Jenna Lorence on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Lorence, Jenna) (Entered: 04/02/2025)

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12 April 2, 2025

NOTICE of Appearance by Katelyn E. Doering on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Doering, Katelyn) (Entered: 04/02/2025)

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13 April 2, 2025

NOTICE of Appearance by John M. Vastag on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Vastag, John) (Entered: 04/02/2025)

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14 April 3, 2025

ORDER SETTING TELEPHONIC STATUS CONFERENCE - A Telephonic Status Conference is set for 4/11/2025 at 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to discuss case status and settlement. Signed by Magistrate Judge Tim A. Baker on 4/3/2025. (JSR) (Entered: 04/04/2025)

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16 April 11, 2025

ORDER ON APRIL 11, 2025, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel for a telephonic status conference. Plaintiff shall file a brief in support of the motion for preliminary injunction by May 5, 2025. Defendants shall file a response brief by June 12, 2025. Plaintiff shall file a reply brief by June 26, 2025. Defendants shall file any sur-reply brief by July 10, 2025. Counsel informed the Court that an evidentiary hearing is not anticipated.Discovery may proceed. The deadline for Defendants to answer or otherwise respond to Plaintiff's complaint is enlarged to 30 days after the Court's ruling on Plaintiff's motion for preliminary injunction. Signed by Magistrate Judge Tim A. Baker. (DMB) (Entered: 04/11/2025)

Clearinghouse
17 April 24, 2025

MOTION to Certify Class, filed by Plaintiff L. A.. (Falk, Kenneth) (Entered: 04/24/2025)

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18 April 24, 2025

Submission of Evidentiary Material, filed by Plaintiff L. A.. (Attachments: # 1 Exhibit Declaration of Rae Eury, # 2 Exhibit Executive Order, # 3 Exhibit Ervin Memo, # 4 Exhibit Declaration of Angela Eury, # 5 Exhibit Declaration of Kristen Matha, # 6 Exhibit UCLA-Williams Institute)(Falk, Kenneth) (Entered: 04/24/2025)

1 Exhibit Declaration of Rae Eury

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2 Exhibit Executive Order

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3 Exhibit Ervin Memo

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4 Exhibit Declaration of Angela Eury

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5 Exhibit Declaration of Kristen Matha

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6 Exhibit UCLA-Williams Institute

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19 April 24, 2025

BRIEF/MEMORANDUM in Support re 17 MOTION to Certify Class, filed by Plaintiff L. A.. (Falk, Kenneth) (Entered: 04/24/2025)

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20 April 28, 2025

MOTION for Attorney(s) Gene C. Schaerr to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653405), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

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21 April 28, 2025

MOTION for Attorney(s) Stephanie L. Freudenberg to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653432), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

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22 April 28, 2025

MOTION for Attorney(s) Justin A. Miller to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653469), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

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23 April 29, 2025

ORDER granting 20 Motion for Attorney(s) Gene C. Schaerr to Appear pro hac vice. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

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24 April 29, 2025

ORDER granting 21 Motion for Attorney(s) Stephanie L. Freudenberg to Appear pro hac vice. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

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25 April 29, 2025

ORDER granting 22 Motion for Attorney(s) Justin A. Miller to Appear pro hac vice. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

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26 April 30, 2025

Unopposed MOTION for Extension of Time to File Response to May 22, 2025 re 17 MOTION to Certify Class, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Proposed Order)(Barta, James) (Entered: 04/30/2025)

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27 May 1, 2025

ORDER GRANTING MOTION FOR EXTENSION OF TIME - This matter is before the Court on Defendants' Motion for Extension of Time, and finding there is good cause to grant it, the Court hereby grants the motion. [Filing No. 26 .] IT IS THEREFORE ORDERED that the Defendants' shall file a response to the motion to certify the case as a class action no later than May 22, 2025. Signed by Magistrate Judge Tim A. Baker on 05/01/2025. (AJG) (Entered: 05/01/2025)

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28 May 3, 2025

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction, filed by Plaintiff L. A.. (Attachments: # 1 Exhibit Fortenberry-Report, # 2 Exhibit Supp. Dec Rai Eury)(Falk, Kenneth) (Entered: 05/03/2025)

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29 May 15, 2025

Unopposed MOTION for Extension of Time to File Response to July 3, 2025 re 9 MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Barta, James) (Entered: 05/15/2025)

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30 May 16, 2025

ORDER GRANTING MOTION FOR EXTENSION OF TIME - This matter came before the Court on Defendants' Unopposed Motion for Extension of Time and the Court, being duly advised, hereby GRANTS said Motion. [Filing No. 29 .] IT IS THEREFORE ORDERED that the briefing deadlines for Plaintiffs' Motion for Preliminary Injunction are extended as follows: Defendants shall file a response brief by July 3, 2025; Plaintiff shall file a reply brief by July 17, 2025; and Defendants shall file any sur-reply brief by July 31, 2025. Signed by Magistrate Judge Tim A. Baker on 05/16/2025. (AJG) (Entered: 05/16/2025)

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31 May 18, 2025

Joint MOTION for Protective Order (Entry of Uniform Stipulated Protective Order), filed by Plaintiff L. A.. (Attachments: # 1 Text of Proposed Order (Uniform Stipulated Protective Order))(Rose, Gavin) (Entered: 05/18/2025)

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32 May 20, 2025

PROTECTIVE ORDER. Signed by Magistrate Judge Tim A. Baker on 05/20/2025.(AAS) (Entered: 05/20/2025)

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33 May 22, 2025

RESPONSE in Opposition re 17 MOTION to Certify Class, filed by Defendant MIKE BRAUN. (Barta, James) (Entered: 05/22/2025)

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34 May 26, 2025

AMENDED COMPLAINT for Declaratory and Injunctive Relief - Class Action against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit Executive Order, # 2 Exhibit Ervin Notice)(Falk, Kenneth) (Entered: 05/26/2025)

1 Exhibit Executive Order

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2 Exhibit Ervin Notice

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Clearinghouse
35 May 26, 2025

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

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36 May 26, 2025

SEALED - Notice of Intention to Seek Leave to Proceed Under Pseudonym, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

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37 May 26, 2025

MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Exhibit Declaration of Jane Doe, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/26/2025)

1 Exhibit Declaration of Jane Doe

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2 Text of Proposed Order

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38 May 26, 2025

Amended MOTION for Preliminary Injunction, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

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39 May 26, 2025

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 05/26/2025)

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40 May 27, 2025

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 05/27/2025)

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41 May 27, 2025

MARGINAL ENTRY re 37 MOTION to Proceed Under Pseudonym of "Jane Doe" - Contrary to the representation in paragraph 3 of this motion, Plaintiff did not file a separate, supporting memorandum of law. Plaintiff shall do so within 7 days from the date of this order. The Court keeps this motion under advisement. Signed by Magistrate Judge Tim A. Baker on 5/27/2025.(LBT) (Entered: 05/27/2025)

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42 May 27, 2025

BRIEF/MEMORANDUM in Support re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/27/2025)

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43 May 28, 2025

BRIEF/MEMORANDUM in Support re 38 Amended MOTION for Preliminary Injunction, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Exhibit 2nd Declaration of Jane Doe)(Falk, Kenneth) (Entered: 05/28/2025)

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44 May 29, 2025

Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/29/2025)

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45 May 29, 2025

BRIEF/MEMORANDUM in Support re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Exhibit Interrogatories)(Falk, Kenneth) (Entered: 05/29/2025)

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46 May 30, 2025

Joint MOTION to Amend/Correct Stipulated Protective Order to Apply to Jane Doe and any Additional Plaintiff, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/30/2025)

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47 June 2, 2025

ORDER - The parties having filed their Joint Motion to Amend Stipulated Protective Order to Apply to Jane Doe and any Additional Plaintiff, and the Court having read the motion and being duly advised, hereby grants the motion. [Filing No. 46 .] The last sentence of Section II of the Uniform Stipulated Protective Order (Dkt. 32 ) is amended. In other respects the Uniform Stipulated Protective Order remains the same. Signed by Magistrate Judge Tim A. Baker on 6/2/2025. (See Order.) (BAA) (Entered: 06/02/2025)

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48 June 3, 2025

NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff L. A.. (Rose, Gavin) (Entered: 06/03/2025)

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49 June 3, 2025

Joint MOTION to Extend Deadlines, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 06/03/2025)

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50 June 9, 2025

SEALED RESPONSE re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Exhibit Miller Declaration)(Barta, James) (Entered: 06/09/2025)

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51 June 9, 2025

MOTION to Maintain Document Under Seal 50 SEALED Response to Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Barta, James) (Entered: 06/09/2025)

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52 June 9, 2025

RESPONSE in Opposition re 38 Amended MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Schaerr, Gene) (Entered: 06/09/2025)

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53 June 9, 2025

ORDER granting 49 Motion to Extend Deadlines - The deadline for Defendants to answer or otherwise respond to Plaintiffs' amended complaint is enlarged to 30 days after the Court's ruling on Plaintiffs' amended motion for preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs' original motion for preliminary injunction (Dkt. 9 ) is withdrawn as moot, and the briefing deadlines for Plaintiffs' amended motion for preliminary injunction are extended as follows: SEE ORDER. IT IS FURTHER ORDERED that Plaintiffs' original motion to certify the case as a class action (Dkt. 17 ) is withdrawn as moot, and the deadline for Defendants to file a response to Plaintiffs' amended motion to certify the case as a class action is extended to June 26, 2025. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 6/9/2025. (JRB) (Entered: 06/10/2025)

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54 June 10, 2025

Unopposed MOTION for Extension of Time to File Reply to June 23, 2025 re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/10/2025)

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55 June 10, 2025

ORDER granting 54 Unopposed MOTION for Extension of Time to File Reply. Ms. Doe is hereby afforded a 7-day extension of time, to and including June 23, 2025, within which to file her reply brief in support of her Motion to Proceed Under Pseudonym of "Jane Doe" (Dkt. 37 ). Signed by Magistrate Judge Tim A. Baker on 6/10/2025. (LBT) (Entered: 06/10/2025)

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56 June 19, 2025

REPLY in Support of Motion re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Exhibit 1 (Third Decl. of Jane Doe))(Rose, Gavin) (Entered: 06/19/2025)

1 Exhibit 1 (Third Decl. of Jane Doe)

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57 June 19, 2025

RESPONSE to Motion re 51 MOTION to Maintain Document Under Seal 50 SEALED Response to Motion, filed by Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 06/19/2025)

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58 June 26, 2025

SEALED RESPONSE re 44 Amended MOTION to Certify Class as a Class Action, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Exhibit Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) (Entered: 06/26/2025)

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59 June 26, 2025

MOTION to Maintain Document Under Seal 58 SEALED Response to Motion & Supporting Declaration with Exhibits, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 06/26/2025)

1

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60 June 28, 2025

Unopposed MOTION for Extension of Time to File Reply to July 8, 2025 re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/28/2025)

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61 July 1, 2025

ORDER granting 60 Unopposed MOTION for Extension of Time to File Reply to July 8, 2025 re 44 Amended MOTION to Certify Class as a Class Action. The time for plaintiffs to file their reply in support of their Amended Motion to Certify Case as a Class Action is extended to July 8, 2025. Signed by Magistrate Judge Tim A. Baker on 7/1/2025. (TPS) (Entered: 07/02/2025)

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62 July 7, 2025

REPLY in Support of Motion re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 07/07/2025)

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63 July 8, 2025

RESPONSE in Opposition re 59 MOTION to Maintain Document Under Seal 58 SEALED Response to Motion & Supporting Declaration with Exhibits -Partial Opposition-, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 07/08/2025)

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64 July 8, 2025

NOTICE of Appearance by Joshua Bleisch on behalf of Plaintiffs L. A., JANE DOE. (Bleisch, Joshua) (Entered: 07/08/2025)

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65 July 14, 2025

SEALED RESPONSE re 38 Amended MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Barta, James) (Entered: 07/14/2025)

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66 July 14, 2025

DECLARATION of Stephen B. Levine M.D. re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

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67 July 14, 2025

DECLARATION of Quentin Van Meter, M.D. re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

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68 July 14, 2025

DECLARATION of Lyree N. Mikhail, MD MBA re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

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69 July 14, 2025

DECLARATION of Peter S. Marcus, MD re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

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70 July 14, 2025

DECLARATION of Larry K. Ervin re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

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71 July 14, 2025

MOTION to Maintain Document Under Seal 65 SEALED Response to Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

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72 July 14, 2025

MOTION to Exclude Opinions of Fortenberry, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits, # 2 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

1 Declaration of Stephanie L. Freudenberg with Exhibits

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2 Text of Proposed Order

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73 July 14, 2025

SEALED Brief in Support of Motion to Exclude Opinions of Fortenberry 72, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Justin A. Miller with Exhibit (Fortenberry Dep. Tr.))(Schaerr, Gene) Modified text on 7/15/2025 (LES). (Entered: 07/14/2025)

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74 July 14, 2025

MOTION to Maintain Document Under Seal 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

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75 July 16, 2025

Unopposed MOTION for Extension of Time to File Reply to September 5, 2025 re 9 MOTION for Preliminary Injunction, Unopposed MOTION for Extension of Time to File Response to September 5, 2025 re 72 MOTION to Exclude Opinions of Fortenberry, 74 MOTION to Maintain Document Under Seal 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/16/2025)

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76 July 16, 2025

ORDER granting 75 Unopposed Motion to Extend Time to Submit Reply in Support of Motion for Preliminary Injunction, Response in Opposition to Motion to Exclude Opinions of Fortenbery, and Responses Concerning Motions to Seal. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 7/16/2025. (TPS) (Entered: 07/16/2025)

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77 July 21, 2025

ORDER SETTING TELEPHONIC STATUS CONFERENCE - This matter is set for a telephonic status conference at 10:00 a.m. (Eastern Time) on August 1, 2025, before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 7/21/2025.(JRB) (Entered: 07/22/2025)

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78 July 23, 2025

ORDER denying 37 Motion to Proceed Under Pseudonym of "Jane Doe". Within 14 days, Plaintiff may choose to withdraw from this lawsuit or identify another member of the putative class willing to come forward and be a party. Otherwise, Plaintiff must file an amended complaint that uses her name within 14 days of this order. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 7/23/2025. (TPS) (Entered: 07/23/2025)

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79 July 23, 2025

MOTION to Withdraw Attorney Appearance, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Vastag, John) (Entered: 07/23/2025)

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81 July 24, 2025

ORDER GRANTING MOTION TO WITHDRAW APPEARANCE - This matter is before the Court on the motion of John M. Vastag, Deputy Attorney General, to withdraw his appearance on behalf of Defendants Mike Braun, in his official capacity as Governor of the State of Indiana, and Larry K. Ervin, in his official capacity as State Registrar & Division Director of Vital Records of the Indiana Department of Health, and the Court being duly advised in the premises, hereby grants the Motion. [Filing No. 79 .]IT IS THEREFORE ORDERED that the appearance of John M. Vastag, Deputy Attorney General, for Defendants, is withdrawn. The Clerk shall show the appearance of John M. Vastag withdrawn as of the date of this Order. The appearance of James A. Barta, Jenna M. Lorence, and Katelyn E. Doering on behalf of Defendants, will remain in effect. Signed by Magistrate Judge Tim A. Baker on 07/24/2025. (AJG) (Entered: 07/24/2025)

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82 Aug. 4, 2025

MINUTE ORDER ON AUGUST 1, 2025, TELEPHONIC STATUS CONFERENCE - The parties appeared by counsel for a telephonic status conference. Discussion held regarding a discovery dispute. The parties dispute whether Defendants may utilize information covered by a protective order [Filing No. 32 ] to intervene in a separate action. Based upon the parties' brief submissions andthe limited argument at the August 1, 2025, status conference, the Court finds that the protective order [Filing No. 32 ] bars the use of protected information exchanged in discovery in any other action, including L.A.'s state court case. However, if Defendants wish to file a formal motion to modify the protective order to create a more robust record and perhaps more comprehensive briefing, they have leave to do so until August 15, 2025. Nevertheless, the Court does not anticipate that a formal motion and additional briefing will result in a different outcome. ***SEE ORDER*** Signed by Magistrate Judge Tim A. Baker. (DMB) (Entered: 08/04/2025)

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83 Aug. 6, 2025

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs re 78 Order on Motion (Pactor, Stevie) (Entered: 08/06/2025)

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84 Aug. 6, 2025

Emergency MOTION to Stay re 78 Order on Motion denying leave to proceed pseudonymously, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Pactor, Stevie) (Entered: 08/06/2025)

1 Text of Proposed Order

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85 Aug. 6, 2025

BRIEF/MEMORANDUM in Support re 84 Emergency MOTION to Stay re 78 Order on Motion denying leave to proceed pseudonymously, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 08/06/2025)

RECAP
86 Aug. 6, 2025

ORDER granting 84 Motion to Stay - IT IS THEREFORE ORDERED that imposition of this Court's order at Docket 78 is hereby STAYED pending resolution of the plaintiffs' pending objection to that Order. If the plaintiffs' objection is overruled, the plaintiffs shall have 14 days from the date of that decision within which to comply with the requirements articulated in Docket 78 . SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 8/6/2025. (JRB) (Entered: 08/07/2025)

RECAP
87 Aug. 15, 2025

MOTION to Modify Protective Order, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/15/2025)

RECAP
88 Aug. 15, 2025

Memorandum (Brief in Support of Motion to Modify Protective Order 87 ), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) Modified on 8/18/2025 (CW). (Entered: 08/15/2025)

RECAP
89 Aug. 15, 2025

MOTION to Maintain Document Under Seal 88 SEALED MOTION (Brief in Support of Motion to Modify Protective Order) and [88-1] (Declaration & Exhibits), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/15/2025)

RECAP
90 Aug. 20, 2025

RESPONSE re 83 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs re 78 Order on Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) (Entered: 08/20/2025)

RECAP
91 Aug. 27, 2025

MOTION for Leave to File reply in support of objection, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Exhibit Proposed reply brief, # 2 Text of Proposed Order)(Pactor, Stevie) (Entered: 08/27/2025)

1 Exhibit Proposed reply brief

View on PACER

2 Text of Proposed Order

View on PACER

RECAP
92 Aug. 27, 2025

ORDER - Plaintiff, having requested leave to file her reply in support of her objection to the magistrate judge's order, and the Court being duly advised, grants leave to file the reply. Plaintiff shall file the reply attached to their motion within seven (7) days of the date of this order. Signed by District Judge Matthew P. Brookman on 08/27/2025. (AAS) (Entered: 08/27/2025)

RECAP
93 Aug. 28, 2025

REPLY in Support of Motion re 83 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs re 78 Order on Motion, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 08/28/2025)

RECAP
94 Aug. 29, 2025

RESPONSE in Opposition re 87 MOTION to Modify Protective Order, filed by Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 08/29/2025)

RECAP
95 Aug. 29, 2025

RESPONSE to Motion re 89 MOTION to Maintain Document Under Seal 88 SEALED MOTION (Brief in Support of Motion to Modify Protective Order) and [88-1] (Declaration & Exhibits), filed by Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 08/29/2025)

RECAP
96 Sept. 5, 2025

NOTICE of Filing of Evidentiary Submissions by L. A., JANE DOE (Attachments: # 1 Exhibit 1: Quentin Van Meter deposition transcript, # 2 Exhibit 2: Jane Doe deposition transcript (redacted), # 3 Exhibit 3: Rai Eury deposition transcript (redacted), # 4 Exhibit 4: Stephen Levine deposition transcript, # 5 Exhibit 5: Dennis Fortenberry deposition transcript, # 6 Exhibit 6: Redacted deposition of Stephanie Freudenberg, # 7 Exhibit 7: Angela Eury deposition transcript (redacted), # 8 Exhibit 8: News article (redacted)) (Pactor, Stevie) (Entered: 09/05/2025)

RECAP
97 Sept. 5, 2025

RESPONSE in Opposition re 74 MOTION to Maintain Document Under Seal 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], 71 MOTION to Maintain Document Under Seal 65 SEALED Response to Motion, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 09/05/2025)

RECAP
98 Sept. 5, 2025

REPLY in Support of Motion re 38 Amended MOTION for Preliminary Injunction, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 09/05/2025)

RECAP
99 Sept. 5, 2025

RESPONSE in Opposition re 72 MOTION to Exclude Opinions of Fortenberry, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 09/05/2025)

RECAP
100 Sept. 5, 2025

REPLY in Support of Motion re 87 MOTION to Modify Protective Order, 88 SEALED MOTION (Brief in Support of Motion to Modify Protective Order), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Schaerr, Gene) (Entered: 09/05/2025)

RECAP
101 Sept. 12, 2025

REPLY in Support of Motion re 72 MOTION to Exclude Opinions of Fortenberry, 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Schaerr, Gene) (Entered: 09/12/2025)

RECAP
102 Sept. 19, 2025

MOTION for Leave to File Sur-Reply in Response to Plaintiffs' Reply in Support of Motion for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Defendants' Sur-Reply Memorandum in Response to Plaintiffs' Reply in Support of Motion for Preliminary Injunction, # 2 Text of Proposed Order)(Schaerr, Gene) (Entered: 09/19/2025)

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of all present and future persons who are unable to obtain a change in the gender marker on their Indiana birth certificate because of Executive Order 25-36 and/or any subsequent similar Executive Orders

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Indiana Department of Health

State of Indiana

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Southern District of Indiana 1:25-cv-00596

U.S. Court of Appeals for the Seventh Circuit 25-02752

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

Transgender: IDs

Recommended Citation