2014 WL 1868783

12 F.Supp.3d 1137

983 F.Supp.2d 1021

12 F.Supp.3d 1144

U. S. Court of Appeals for the Seventh Circuit

U. S. Court of Appeals for the Seventh Circuit

U. S. Court of Appeals for the Seventh Circuit

766 F.3d 648

COMPLAINT against PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, GREG ZOELLER, filed by PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, MARILYN RAE BASKIN, LINDA JUDKINS, DAWN LYNN CARVER. (Filing fee $400, receipt number IP039833) (Attachments: # 1 Civil Cover Sheet)(DJH) (Entered: 03/11/2014)

1 Civil Cover Sheet

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NOTICE of Appearance by Barbara J. Baird on behalf of Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (DJH) (Entered: 03/11/2014)

Summonses Issued as to PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, and GREG ZOELLER. (DJH) (Entered: 03/11/2014)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 03/11/2014)

MOTION for Attorney(s) Jordan M. Heinz to Appear pro hac vice (Filing fee $30, receipt number 0756-2986582), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014)

1 Exhibit A - Certification

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2 Text of Proposed Order

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MOTION for Attorney(s) Brent P. Ray to Appear pro hac vice (Filing fee $30, receipt number 0756-2986612), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014)

1 Exhibit A - Certification

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2 Text of Proposed Order

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MOTION for Attorney(s) Paul D. Castillo to Appear pro hac vice (Filing fee $30, receipt number 0756-2986616), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014)

1 Exhibit A - Certification

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2 Text of Proposed Order

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MOTION for Attorney(s) Christopher R. Clark to Appear pro hac vice (Filing fee $30, receipt number 0756-2986703), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014)

1 Exhibit A - Certification

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2 Text of Proposed Order

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MOTION for Attorney(s) Camilla B. Taylor to Appear pro hac vice (Filing fee $30, receipt number 0756-2986953), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 03/12/2014)

1 Exhibit A - Certification

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2 Text of Proposed Order

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Submission of Proposed Order, re 5 MOTION for Attorney(s) Jordan M. Heinz to Appear pro hac vice (Filing fee $30, receipt number 0756-2986582), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)

Submission of Proposed Order, re 6 MOTION for Attorney(s) Brent P. Ray to Appear pro hac vice (Filing fee $30, receipt number 0756-2986612), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)

Submission of Proposed Order, re 7 MOTION for Attorney(s) Paul D. Castillo to Appear pro hac vice (Filing fee $30, receipt number 0756-2986616), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)

Submission of Proposed Order, re 8 MOTION for Attorney(s) Christopher R. Clark to Appear pro hac vice (Filing fee $30, receipt number 0756-2986703), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)

Submission of Proposed Order, re 9 MOTION for Attorney(s) Camilla B. Taylor to Appear pro hac vice (Filing fee $30, receipt number 0756-2986953), filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, LINDA JUDKINS. (Baird, Barbara) (Entered: 03/13/2014)

ORDER granting 5 Plaintiff's Motion to Appear pro hac vice of Attorney Jordan Heinz on behalf of MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)

ORDER granting 6 Motion to Appear pro hac vice of Attorney Brent Phillip Ray for MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)

ORDER granting 7 Motion to Appear pro hac vice of Attorney Paul D Castillo for MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER and LINDA JUDKINS. Copy Mailed. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (MGG) (Entered: 03/17/2014)

ORDER - granting 8 Motion to Appear pro hac vice. Attorney Christopher R. Clark for MARILYN RAE BASKIN, Christopher R. Clark for DAWN LYNN CARVER, Christopher R. Clark for PAMELA RUTH ELEASE EANES,Christopher R. Clark for BONNIE EVERLY, Christopher R. Clark for ESTHER FULLER, Christopher R. Clark for LINDA JUDKINS added. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. Copy Mailed. (CKM) (Entered: 03/18/2014)

ORDER - granting 9 Motion to Appear pro hac vice. Attorney Camilla B. Taylor for MARILYN RAE BASKIN,Camilla B. Taylor for DAWN LYNN CARVER,Camilla B. Taylor for PAMELA RUTH ELEASE EANES,Camilla B. Taylor for BONNIE EVERLY,Camilla B. Taylor for ESTHER FULLER,Camilla B. Taylor for LINDA JUDKINS added. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. Copy Mailed (CKM) (Entered: 03/18/2014)

ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Tim A. Baker for all further proceedings. This case is related to 4:14-CV-15-RLY-TAB. Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore no longer assigned to case. Signed by Judge Richard L. Young on 3/18/2014. (TMD) (Entered: 03/18/2014)

NOTICE of Reassignment of Case to Judge Richard L. Young and Magistrate Judge Tim A. Baker. Judge Tanya Walton Pratt, Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:14-cv-00355-RLY-TAB, on all future filings in this matter. (AAM) (Entered: 03/19/2014)

NOTICE of Appearance by Elizabeth A. Knight on behalf of Defendant KAREN M. MARTIN. (Knight, Elizabeth) (Entered: 03/20/2014)

WAIVER OF SERVICE Returned Executed, filed by KAREN M. MARTIN. KAREN M. MARTIN waiver sent on 3/10/2014. (Knight, Elizabeth) (Entered: 03/20/2014)

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant GREG ZOELLER. (Fisher, Thomas) (Entered: 03/20/2014)

NOTICE of Appearance by Robert V. Clutter on behalf of Defendant PENNY BOGAN. (Clutter, Robert) (Entered: 03/25/2014)

SCHEDULING ORDER:A Telephonic Conference is set for 4/4/2014 at 2:00 PM (EST) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 3/27/2014.(TMD) (Entered: 03/27/2014)

NOTICE of Appearance by Nancy Moore Tiller on behalf of Defendant MICHAEL A. BROWN. (Tiller, Nancy) (Entered: 03/28/2014)

NOTICE of Non-Involvement, filed by Defendant MICHAEL A. BROWN, re 28 Notice of Appearance. (Tiller, Nancy) (Entered: 03/28/2014)

AMENDED COMPLAINT against PENNY BOGAN, MICHAEL A. BROWN, KAREN M. MARTIN, GREG ZOELLER, PEGGY BEAVER, WILLIAM C. VANNESS, filed by PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, MARILYN RAE BASKIN, LINDA JUDKINS, DAWN LYNN CARVER, HENRY GREENE, AMY SANDLER, GLENN FUNKHOUSER, NIKOLE QUASNEY. (Attachments: # 1 Proposed Summons Summonses to Defendants)(Baird, Barbara) (Entered: 03/31/2014)

1 Proposed Summons Summonses to Defendants

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MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) (Entered: 03/31/2014)

1 Text of Proposed Order

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BRIEF/MEMORANDUM in Support re 31 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Declaration of Amy Sandler, # 2 Declaration of Nikole Quasney, # 3 Exhibit A - Quasney/Sandler Mass. Marriage Certificate)(Baird, Barbara) (Entered: 03/31/2014)

1 Declaration of Amy Sandler

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2 Declaration of Nikole Quasney

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3 Exhibit A - Quasney/Sandler Mass. Marriage Certificate

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Summons Issued as to All Defendants. (NMT) (Entered: 04/01/2014)

Order regarding 4/04/14 telephonic conference - SEE ENTRY. Signed by Judge Richard L. Young on 4/1/2014.(TMD) (Entered: 04/01/2014)

***WITHDRAWN, See Dkt. No. 65 Order*** MOTION for Preliminary Injunction, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) Modified on 5/8/2014 (JKS). (Entered: 04/03/2014)

1 Text of Proposed Order

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BRIEF/MEMORANDUM in Support re 35 MOTION for Preliminary Injunction, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS. (Attachments: # 1 Declaration of Rae Baskin, # 2 Declaration of Esther Fuller, # 3 Declaration of Bonnie Everly, # 4 Declaration of Lyn Judkins, # 5 Declaration of Pam Eanes, # 6 Declaration of Dawn Carver, # 7 Declaration of Henry Greene, # 8 Declaration of Glenn Funkhouser, # 9 Declaration of Nikole Quasney, # 10 Declaration of Amy Sandler)(Baird, Barbara) (Entered: 04/03/2014)

1 Declaration of Rae Baskin

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2 Declaration of Esther Fuller

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3 Declaration of Bonnie Everly

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4 Declaration of Lyn Judkins

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5 Declaration of Pam Eanes

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6 Declaration of Dawn Carver

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7 Declaration of Henry Greene

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8 Declaration of Glenn Funkhouser

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9 Declaration of Nikole Quasney

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10 Declaration of Amy Sandler

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MOTION to Consolidate Preliminary Injunction Hearing with Final Trial on the Merits, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Baird, Barbara) (Entered: 04/03/2014)

MOTION for Summary Judgment, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) (Entered: 04/03/2014)

1 Text of Proposed Order

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BRIEF/MEMORANDUM in Support re 38 MOTION for Summary Judgment, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Declaration of Rae Baskin, # 2 Declaration of Esther Fuller, # 3 Declaration of Bonnie Everly, # 4 Declaration of Lyn Judkins, # 5 Declaration of Pam Eanes, # 6 Declaration of Dawn Carver, # 7 Declaration of Henry Greene, # 8 Declaration of Glenn Funkhouser, # 9 Declaration of Nikole Quasney, # 10 Declaration of Amy Sandler)(Baird, Barbara) (Entered: 04/03/2014)

1 Declaration of Rae Baskin

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2 Declaration of Esther Fuller

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3 Declaration of Bonnie Everly

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4 Declaration of Lyn Judkins

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5 Declaration of Pam Eanes

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6 Declaration of Dawn Carver

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7 Declaration of Henry Greene

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8 Declaration of Glenn Funkhouser

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9 Declaration of Nikole Quasney

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10 Declaration of Amy Sandler

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Minute Entry for telephonic scheduling conference held 4/04/14 before Judge Richard L. Young. Dispositive Motions due by 4/21/2014. Hearing on Moton for Temporary Restraining Order is set for 4/10/2014 at 9:30 AM (Central time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. (Court Reporter Judy Mason.) (TMD) (Entered: 04/04/2014)

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant WILLIAM C. VANNESS. (Fisher, Thomas) (Entered: 04/09/2014)

DECLARATION of Nikole Quasney (Supplemental) re 32 Brief/Memorandum in Support of Motion by NIKOLE QUASNEY, AMY SANDLER. (Baird, Barbara) (Entered: 04/10/2014)

DECLARATION of Eddie Beagles, Jr. re 32 Brief/Memorandum in Support of Motion by NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Exhibit A - Blank Certificate of Death (IN State Dept. of Health))(Baird, Barbara) (Entered: 04/10/2014)

1 Exhibit A - Blank Certificate of Death (IN State Dept. of Health)

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Minute Entry for Motion Hearing held on 4/10/2014 re 31 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AMY SANDLER, NIKOLE QUASNEY before Judge Richard L. Young. The court hears argument from counsel and GRANTS the Motion for Temporary Restraining Order. Further order shall issue by separate entry. (Court Reporter Judy Mason.) (TMD) (Entered: 04/10/2014)

AFFIDAVIT of Service for Summons; First Amended Complaint; Plaintiffs Nikole Quasney and Amy Sandler's Motion for Temporary Restraining Order and Preliminary Injunction, with Memorandum in Support served on Defendant Peggy Beaver on 04/03/2014, filed by All Plaintiffs. (Baird, Barbara) (Entered: 04/14/2014)

AFFIDAVIT of Service for Summons; First Amended Complaint; Plaintiffs Nikole Quasney and Amy Sandler's Motion for Temporary Restraining Order and Preliminary Injunction, with Memorandum in Support served on Defendant William C. VanNess II, M.D. on 04/03/2014, filed by All Plaintiffs. (Baird, Barbara) (Entered: 04/14/2014)

NOTICE of Appearance by Darren J. Murphy on behalf of Defendant PEGGY BEAVER. (Murphy, Darren) (Entered: 04/17/2014)

Unopposed MOTION (1) TO CONSOLIDATE BRIEFING AND HEARING ON MOTIONS FOR PRELIMINARY INJUNCTION AND MOTION FOR SUMMARY JUDGMENT and (2) FOR LEAVE TO FILE OVERSIZED BRIEF, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (Attachments: # (1) Text of Proposed Order )(Fisher, Thomas) Modified on 4/18/2014 (NMT). (Entered: 04/17/2014)

1 Text of Proposed Order

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TRANSCRIPT of Hearing on Plaintiffs' Motion for TRO and Preliminary Injunction held on 4/10/204 before Judge Richard L. Young. (45 pages.) Court Reporter/Transcriber: Judy Farris Mason (Telephone: (812) 459-9805). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/9/2014. Release of Transcript Restriction set for 7/17/2014. (Mason, Judy) Released on 7/17/2014 (SWM). (Entered: 04/18/2014)

NOTICE of FILING of OFFICIAL TRANSCRIPT of Hearing on Plaintiffs' Motion for TRO and Preliminary Injunction held before Judge Richard L. Young on 4/10/2014 (Mason, Judy) (Entered: 04/18/2014)

ORDER granting Plaintiffs Quasney and Sandler's 31 Motion for Temporary Restraining Order. Signed by Judge Richard L. Young on 4/18/2014. (TMD) (Entered: 04/18/2014)

SCHEDULING ORDER: TELEPHONIC Status Conference is set for 4/21/2014 at 12:45 PM before Judge Richard L. Young. Signed by Judge Richard L. Young on 4/18/2014.(TMD) (Entered: 04/18/2014)

Minute Entry for telephonic conference held 4/21/2014 before Judge Richard L. Young. Motion Hearing (Preliminary Injunction and Summary Judgment) is set for 5/2/2014 at 9:30 AM in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. (Court Reporter Judy Mason.) (TMD) (Entered: 04/28/2014)

NOTICE of Parties' First Extension of Time, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (Fisher, Thomas) (Entered: 04/22/2014)

MOTION for Summary Judgment, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (Fisher, Thomas) (Entered: 04/22/2014)

BRIEF/MEMORANDUM in Support re 55 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION AND MOTION FOR SUMMARY JUDGMENT, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (Attachments: # 1 Exhibit Declaration of Hilari A. Sautbine)(Fisher, Thomas) (Entered: 04/22/2014)

1 Exhibit Declaration of Hilari A. Sautbine

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RETURN of Service, filed by All Plaintiffs. GREG ZOELLER served on 4/3/2014. (Baird, Barbara) (Entered: 04/25/2014)

RETURN of Service, filed by All Plaintiffs. MICHAEL A. BROWN served on 4/9/2014. (Baird, Barbara) (Entered: 04/25/2014)

RETURN of Service, filed by All Plaintiffs. KAREN M. MARTIN served on 4/9/2014. (Baird, Barbara) (Entered: 04/25/2014)

RETURN of Service, filed by All Plaintiffs. PENNY BOGAN served on 4/10/2014. (Baird, Barbara) (Entered: 04/25/2014)

REPLY in Support of Motion re 35 MOTION for Preliminary Injunction, 38 MOTION for Summary Judgment, and Opposition to 55 Defendants' Motion for Summary Judgment, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Declaration of John Q. Herrin, # 2 Declaration of Lesa C. Duvall, # 3 Exhibit A - Jurisdictional Statement, Baker v. Nelson, # 4 Exhibit B - Stay Order, Tanco v. Haslam)(Baird, Barbara) (Entered: 04/29/2014)

1 Declaration of John Q. Herrin

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2 Declaration of Lesa C. Duvall

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3 Exhibit A - Jurisdictional Statement, Baker v. Nelson

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4 Exhibit B - Stay Order, Tanco v. Haslam

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Minute Entry for hearing on Preliminary Injunction and Summary Judgment oral argument held 5/02/2014 before Judge Richard L. Young. The court hears argument from the counsel. Further order shall issue by separate entry. (Court Reporter Judy Mason.) (TMD) (Entered: 05/02/2014)

NOTICE of Appearance by John S. Dull on behalf of Defendant MICHAEL A. BROWN. (Dull, John) (Entered: 05/05/2014)

ORDER granting 31 Plaintiffs' Motion for Preliminary Injunction - The court finds that the Plaintiffs, Amy, Niki, A.Q-S., and M.Q.-S., have satisfied their burden for a preliminary injunction. They have shown a reasonable likelihood of success on the merits, irreparable harm with no adequate remedy at law, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the court GRANTS Plaintiffs' motion for a preliminary injunction (Filing No. 31 ). Defendants and all those acting in concert are ENJOINED from enforcing Indiana statute § 31-11-1-1(b) against recognition of Plaintiffs', Niki Quasney's and Amy Sandler's, valid out-of-state marriage; the State of Indiana must recognize their marriage. In addition, should Niki pass away in Indiana, the court orders William C. VanNess II, M.D., in his official capacity as the Commissioner of the Indiana State Department of Health and all those acting in concert, to issue a death certificate that records her marital status as "married" and lists Plaintiff Amy Sandler as the "surviving spouse." This order shall require that Defendant VanNess issue directives to local health departments, funeral homes, physicians, coroners, medical examiners, and others who may assist with the completion of said death certificate explaining their duties under the order of this court. This preliminary injunction will remain in force until the court renders judgment on the merits of the Plaintiffs' claims. The motion for preliminary injunctive relief from the unmarried Plaintiffs (Filing No. 35 ) is WITHDRAWN. ***SEE ORDER***. Signed by Judge Richard L. Young on 5/8/2014. (JKS) (Entered: 05/08/2014)

NOTICE OF APPEAL as to 65 Order on Motion for Preliminary Injunction, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (No fee paid with this filing) (Fisher, Thomas) (Entered: 05/08/2014)

DOCKETING STATEMENT by WILLIAM C. VANNESS, GREG ZOELLER re 66 Notice of Appeal (Fisher, Thomas) (Entered: 05/08/2014)

MOTION to Stay Pending Appeal, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER. (Fisher, Thomas) (Entered: 05/08/2014)

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 66 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (LBT) (Entered: 05/09/2014)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 66 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 05/09/2014)

USCA Appeal Fees received $505.00 receipt number IP040720 re 66 Notice of Appeal filed by WILLIAM C. VANNESS, GREG ZOELLER (USCA #(not assigned)) (DJH) (Entered: 05/09/2014)

USCA Case Number 14-2037 for 66 Notice of Appeal filed by WILLIAM C. VANNESS, GREG ZOELLER. (LBT) (Entered: 05/09/2014)

RESPONSE in Opposition re 68 MOTION to Stay Pending Appeal, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Exhibit A - Order Granting Summary Judgment (Wright v. Arkansas))(Baird, Barbara) (Entered: 05/12/2014)

1 Exhibit A - Order Granting Summary Judgment (Wright v. Arkansas)

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TRANSCRIPT of Hearing on Plaintiffs' Motion for Preliminary Injunction and Summary Judgment Oral Argument held on 5/2/2014 before Judge Richard L. Young. (64 pages.) Court Reporter/Transcriber: Judy Farris Mason (Telephone: (812) 459-9805). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/3/2014. Release of Transcript Restriction set for 8/11/2014. (Mason, Judy) Released on 8/12/2014 (SWM). (Entered: 05/13/2014)

NOTICE of FILING of OFFICIAL TRANSCRIPT of Hearing on Plaintiffs' Motion for Preliminary Injunction and Summary Judgment Oral Argument held before Judge Richard L. Young on 5/2/2014 (Mason, Judy) (Entered: 05/13/2014)

Unopposed MOTION to File Plaintiffs' First Notice of Supplemental Authority, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Taylor, Camilla) (Entered: 05/15/2014)

NOTICE of Supplemental Authority in support of 38, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER (Attachments: # 1 Exhibit Wright v. Arkansas decision, # 2 Exhibit Latta v. Orr decision) (Taylor, Camilla) Modified on 5/16/2014 (ADH). (Entered: 05/15/2014)

1 Exhibit Wright v. Arkansas decision

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2 Exhibit Latta v. Orr decision

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DESIGNATION of Record on Appeal by WILLIAM C. VANNESS, GREG ZOELLER re 66 Notice of Appeal (Fisher, Thomas) (Entered: 05/22/2014)

DEFENDANTS' ANSWER to 30 Amended Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF, filed by WILLIAM C. VANNESS, GREG ZOELLER.(Fisher, Thomas) (Entered: 05/22/2014)

ORDER (Marginal Notation): GRANTED 76 Motion to File Plaintiffs' First Notice of Supplemental Authority. Signed by Magistrate Judge Tim A. Baker on 5/22/2014. (DW) (Entered: 05/23/2014)

Unopposed MOTION to Submit Second Notice of Supplemental Authority, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Heinz, Jordan) (Entered: 05/23/2014)

NOTICE of Second Supplemental Authority, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER, re 81 Unopposed MOTION to Submit Second Notice of Supplemental Authority. (Attachments: # 1 Exhibit A - Order Granting SJ (Greiger v. Kitzhaber), # 2 Exhibit B - Order Granting SJ (Whitewood v. Wolf)) (Heinz, Jordan) (Entered: 05/23/2014)

1 Exhibit A - Order Granting SJ (Greiger v. Kitzhaber)

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2 Exhibit B - Order Granting SJ (Whitewood v. Wolf)

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ANSWER to 30 Amended Complaint, filed by KAREN M. MARTIN.(Knight, Elizabeth) (Entered: 05/28/2014)

ORDER (Marginal Notation): GRANTED 81 Motion TO SUBMITSECOND NOTICE OF SUPPLEMENTAL AUTHORITY. Signed by Magistrate Judge Tim A. Baker on 6/4/2014. (DW) (Entered: 06/04/2014)

Unopposed MOTION to Submit Third Notice of Supplemental Authority, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Heinz, Jordan) (Entered: 06/10/2014)

NOTICE of Third Supplemental Authority, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER, re 85 Unopposed MOTION to Submit Third Notice of Supplemental Authority. (Attachments: # 1 Exhibit A - Order Granting SJ (Wolf v. Walker)) (Heinz, Jordan) (Entered: 06/10/2014)

1 Exhibit A - Order Granting SJ (Wolf v. Walker)

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ORDER granting 48 Motion to consolidate briefing and hearing on preliminary injunction and summary judgment and leave to file oversized brief. Signed by Judge Richard L. Young on 6/11/2014. (TMD) (Entered: 06/11/2014)

MARGINAL ENTRY granting Plaintiffs' 85 Motion to submit third notice of supplemental authority. Signed by Magistrate Judge Tim A. Baker on 6/12/2014. (SWM) (Entered: 06/12/2014)

**STAYED PENDING APPEAL PER 99 USCA ORDER** ORDER granting Plaintiffs' 38 Motion for Summary Judgment and denying Defendants' 55 Motion for Summary Judgment. Order also denies as moot Plaintiffs' 37 Motion to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits and denies as moot Defendants' 68 Motion for Stay of the Preliminary Injunction. (SEE ENTRY FOR DETAILS). Signed by Judge Richard L. Young on 6/25/2014. (TMD) Modified on 6/30/2014 (LBT). (Entered: 06/25/2014)

CLOSED JUDGMENT in favor of Plaintiffs against Defendants. This case is now closed. Signed by Judge Richard L. Young on 6/25/2014.(TMD) (Entered: 06/25/2014)

NOTICE OF APPEAL as to 89 Order on Motions for Summary Judgment and Motion to Stay and 90 Judgment, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER, PENNY BOGAN, and PEGGY BEAVER. (No fee paid with this filing) (Fisher, Thomas) Modified on 6/26/2014 to link to Doc #90 (JLM). Modified on 6/26/2014, to add additional filers (JLM). (Entered: 06/25/2014)

DOCKETING STATEMENT by WILLIAM C. VANNESS, GREG ZOELLER, PENNY BOGAN, and PEGGY BEAVER re 91 Notice of Appeal (Fisher, Thomas) Modified on 6/26/2014, to add additional filers (JLM). (Entered: 06/25/2014)

Emergency MOTION to Stay Pending Appeal, filed by Defendants WILLIAM C. VANNESS, GREG ZOELLER, PENNY BOGAN,and PEGGY BEAVER. (Fisher, Thomas) Modified on 6/26/2014, to add additional filers (JLM). (Entered: 06/25/2014)

RESPONSE in Opposition re 93 Emergency MOTION to Stay Pending Appeal, filed by Plaintiffs NIKOLE QUASNEY, AMY SANDLER. (Baird, Barbara) (Entered: 06/26/2014)

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 91 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (JLM) (Entered: 06/26/2014)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 91 Notice of Appeal. - for Court of Appeals Use Only. (JLM) (Entered: 06/26/2014)

USCA Case Number 14-2386 for 91 Notice of Appeal filed by WILLIAM C. VANNESS, GREG ZOELLER, PENNY BOGAN, PEGGY BEAVER. (Attachments: # 1 Circuit Rule 3(b) Notice)(JLM) (Entered: 06/26/2014)

1 Circuit Rule 3(b) Notice

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USCA Appeal Fees received $ 505.00 receipt number IP041373 re 91 Notice of Appeal filed by PENNY BOGAN, WILLIAM C. VANNESS, GREG ZOELLER, PEGGY BEAVER (USCA #14-2386) (DJH) (Entered: 06/26/2014)

ORDER of USCA as to 91 Notice of Appeal filed by PENNY BOGAN, WILLIAM C. VANNESS, GREG ZOELLER, PEGGY BEAVER (USCA #14-2386) - Upon consideration of the Emergency Motion for Stay Pending Appeal, filed on 6/27/2014 by counsel for the appellants, it is ORDERED that the motion is GRANTED. The district court's order dated 6/25/2014 is STAYED pending resolution of this appeal. (LBT) (Entered: 06/30/2014)

ORDER of USCA as to 91 Notice of Appeal filed by PENNY BOGAN, WILLIAM C. VANNESS, GREG ZOELLER, PEGGY BEAVER (USCA #14-2386) - It is ORDERED that the Emergency Motion of Plaintiffs-Appellees Quasney and Sandler to Lift the Court's Stay in Part is GRANTED. The appellants are ORDERED to recognize the validity of the 2013 marriage between appellees Amy Sandler and Nikole Quasney on an emergency basis pending further order of the court. (LBT) (Entered: 07/01/2014)

DESIGNATION of Record on Appeal by WILLIAM C. VANNESS, GREG ZOELLER re 91 Notice of Appeal (Fisher, Thomas) (Entered: 07/08/2014)

Unopposed MOTION for Extension of Time to File for Attorneys' Fees and Costs, filed by Plaintiffs MARILYN RAE BASKIN, DAWN LYNN CARVER, PAMELA RUTH ELEASE EANES, BONNIE EVERLY, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY, AMY SANDLER. (Attachments: # 1 Text of Proposed Order)(Baird, Barbara) (Entered: 07/09/2014)

1 Text of Proposed Order

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