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Case: Planned Parenthood of Indiana and Kentucky v. Commissioner

1:13-cv-01335 | U.S. District Court for the Southern District of Indiana

Filed Date: Aug. 22, 2013

Closed Date: Jan. 6, 2015

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) In 2013, the American Civil Liberties Union, ACLU of Indiana and Planned Parenthood challenged amendments to state laws that singled out one health care center for new regulations.

Summary Authors

Olivia Gingold (11/21/2022)

Documents in the Clearinghouse

Document
1

1:13-cv-01335

Complaint for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of Indiana Statute

Aug. 22, 2013

Aug. 22, 2013

Complaint
54

1:13-cv-01335

Order Granting In Part Motion for Preliminary Injunction

Nov. 26, 2013

Nov. 26, 2013

Order/Opinion
81

1:13-cv-01335

Order on the Parties' Cross-Motions For Summary Judgment

Dec. 3, 2014

Dec. 3, 2014

Order/Opinion
99

1:13-cv-01335

Order

July 2, 2015

July 2, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5034490/planned-parenthood-v-commissioner/

Last updated Nov. 21, 2022, 1:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of Indiana Statute against All Defendants, filed by Planned Parenthood of Indiana and Kentucky, Inc.. (Filing fee $400, receipt number 0756-2782824) (Attachments: # 1 Exhibit Application License/Waiver, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Falk, Kenneth) Modified on 8/22/2013 for case data and parties (DJH). (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

Clearinghouse
2

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff Planned Parenthood of Indiana and Kentucky, Inc.. (Rose, Gavin) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
3

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff Planned Parenthood of Indiana and Kentucky, Inc.. (Falk, Kenneth) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
4

Corporate Disclosure Statement by Planned Parenthood of Indiana and Kentucky, Inc.. (Rose, Gavin) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
5

Summonses Issued as to COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, and PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (DJH) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
7

MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
8

SCHEDULING ORDER:This matter is set for a in-person pretrial conference on Tuesday, September 3, 2013 at 9:00 a.m., in room 257, United States Court House, 46 E. Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to address preparation for the Motion for Preliminary Injunction [Dkt. 7]. Counsel for Plaintiff and Defendants and/or their counsel are ordered to personally appear. Counsel for Plaintiff is to serve this order on Defendants on or before August 30, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 8/27/2013.(NLR) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
9

MOTION for Attorney(s) TALCOTT CAMP to Appear pro hac vice (Filing fee $30.00, receipt number IP037050), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(JKS) (Entered: 08/28/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
10

ORDER granting 9 Motion to Appear pro hac vice. Attorney Talcott Camp for PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. added Signed by Magistrate Judge Mark J. Dinsmore on 8/29/2013. (SWM) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
11

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
12

NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (McVeigh, Heather) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
13

NOTICE of Appearance by Ashley Tatman Harwel on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Harwel, Ashley) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
14

SCHEDULING ORDER: Status Conference set for 9/5/2013 at 10:10 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore on 9/3/2013.(NLR) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
16

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Pretrial Conference held on 9/3/2013. The parties discussed issues relating to the Motion for Preliminary Injunction. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
17

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/5/2013. The parties discussed a schedule for the Preliminary Injunction,which the Court will enter as follows: Plaintiff's brief in support of its motion for preliminary injunction shall be filed on or before September 16, 2013. Defendants' response to the motion for preliminary injunction shall be filed on or before October 11, 2013. Plaintiff's reply in support of its motion for preliminary injunction shall be filed before October 18, 2013. The Preliminary Injunction issue will be set, by separate order,for a hearing to take place on October 30, 2013 before the Honorable Judge Jane Magnus-Stinson. Each party shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on orbefore October 2, 2013 Each party shall disclose the name,address, and vita of any rebuttal expert witness, and shall servethe report required by Fed. R. Civ. P. 26(a)(2) on or before October 16, 2013. Defendants' Answer to the Complaint shall be due on or before October 2, 2013. Status Conference set for 9/20/2013 at 03:20 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (NLR) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
18

SCHEDULING ORDER - The Court sets a hearing on Plaintiff Planned Parenthood of Indiana and Kentucky, Inc.'s Motion for Preliminary Injunction, [dkt. 7], for 9:30 a.m. on Wednesday, October 30, 2013. The parties are to file a joint proposed agenda for the hearing by Friday, October 25, 2013. Signed by Judge Jane Magnus-Stinson on 9/5/2013. (JKS) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
19

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
20

RETURN of Service by CMRRR, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
21

ORDER - To facilitate the Court's disposition of Plaintiff's Motion for Preliminary Injunction after the October 30, 2013 hearing, the Court ORDERS the parties to each file proposed findings of fact and conclusions of law as required by Fed. R. Civ. Proc. 52(a)(2) by October 25, 2013. Signed by Judge Jane Magnus-Stinson on 9/10/2013.(MRI) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
23

***STRICKEN, see Dkt. # 28 ORDER To File*** BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) Modified on 9/23/2013 (JKS). (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
24

MOTION for Attorney(s) Helene T. Krasnoff to Appear pro hac vice (Filing fee $30.00, receipt number IP037375), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(DW) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
25

ORDER - denying 24 without prejudice to its resubmission. The representations in paragraph 1 (no representation of being "in good standing" in the referenced courts) and paragraph 2 (no representation of disciplinary history) below fail to comply with the requirements of Local Rule 83-6 (a)(1) & (2). S.D. Ind. L.R. 83-6(a). Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2013. (CKM) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
26

NOTICE of Filing of Declarations in Support of 7 Motion for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Affidavit (Betty Cockrum), # 2 Affidavit (Dr. Michael King), # 3 Affidavit (Dr. Paul Blumenthal)) (Rose, Gavin) Modified on 9/24/2013 (JKS). (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
27

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/20/2013. The parties discussed the status of discovery and other issues relating to the pending motion for preliminary injunction. Initial Pretrial Conference set for 11/25/2013 at 03:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
28

ORDER To File Amended Brief - The Court STRIKES PPINK's brief in support of its motion for preliminary injunction, [dkt. 23], and ORDERS it to file an Amended Brief containing citations to the supporting declarations by September 26, 2013. The citations shall refer to docket number and page contained in the header reflected in CM/ECF. PPINK shall not amend its brief other than to add citations. Accordingly, the briefing deadlines for the pending motion remain unchanged. ***SEE ORDER***. Signed by Judge Jane Magnus-Stinson on 9/23/2013. (JKS) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
29

BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction (Amended), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Rose, Gavin) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
30

AMENDED MOTION for Attorney(s) Helene T. Krasnoff to Appear pro hac vice (No fee paid with this filing). Filing fee paid on 9/19/2013 (Dkt. 24), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(SWM) (Entered: 09/25/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
31

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 9/26/13 for a telephonic conference at the request of the parties to seek assistance with issues relating to the entry of an agreed protective order. Plaintiff has agreed to produce documents with the understanding by the parties that they will be governed by the protective order once it is entered. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
32

ORDER - granting 30 Motion to Appear pro hac vice. Attorney Helen T, Krasnoff for PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. added. If not already registered with the Court's Electronic Filing System, Helene T. Krasnoff is ordered to register within seven days of the entry of this Order. Signed by Magistrate Judge Mark J. Dinsmore on 9/27/2013. (CKM) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
33

DEFENDANTS COMMISSIONER OF STATE DEPARTMENT OF HEALTHS AND TIPPECANOE COUNTY PROSECUTORS ANSWER to 1 Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF/NOTICE OF CHALLENGE TO CONSTITUTIONALITY OF INDIANA STATUTE, filed by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA.(Fisher, Thomas) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
34

Joint MOTION for Protective Order (Stipulation to Enter Protective Order), filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA, Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order (Protective Order))(Rose, Gavin) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
35

AFFIDAVIT in Support re 7 MOTION for Preliminary Injunction (Notice of Filing of Declaration of Dr. Blumenthal Containing Original Signature), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Affidavit (of Dr. Blumenthal))(Rose, Gavin) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
36

Joint MOTION for Protective Order, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA, Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
37

*** UNSEALED PER ORDER DATED 10/17/2013 *** SEALED RESPONSE re 7 MOTION for Preliminary Injunction, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Supplement Attachment 1 to Exhibit B, # (4) Supplement Attachment 2 to Exhibit B, # (5) Supplement Attachment 3 to Exhibit B, # (6) Exhibit Exhibit C, # (7) Exhibit Exhibit D)(Fisher, Thomas) Modified on 10/17/2013 (SWM). (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
38

*** UNSEALED PER ORDER DATED 10/17/2013 *** SEALED First Stipulation, re 37 SEALED Response to Motion, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) Modified on 10/17/2013 (SWM). (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
39

ORDER - On October 11, 2013, the Defendants filed a Response to Plaintiff's Motion for Preliminary Injunction and a First Stipulation of the Parties. [Dkts. 37 ; 38 .] Two issues with those filings require the Court's attention. The Defendants' response brief, the stipulation, and all exhibits attached to those filings were filed under seal without a motion requesting to do so. The Defendants' description of the exhibits attached to their brief does not facilitate the Court's review. For the reasons detailed herein, the Court ORDERS the Defendants to file an Amended Response Brief by noon on October 17, 2013. The Plaintiff's reply deadline remains October 18, 2013, and a hearing remains set for October 30, 2013. ***SEE ORDER FOR FURTHER INSTRUCTION*** Signed by Judge Jane Magnus-Stinson on 10/15/2013. (JKS) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

RECAP
40

ORDER granting 36 Motion for Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 10/15/2013. (CBU) (Entered: 10/16/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
41

Joint MOTION to Unseal Document 38 SEALED Document filed by PROSECUTOR, TIPPECANOE COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, 37 SEALED Response to Motion filed by PROSECUTOR, TIPPECANOE COUNTY, INDIANA, COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA, Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
42

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction, Amended, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
43

ORDER granting 41 Joint Motion to Unseal ECF Nos. 37 and 38. Signed by Judge Jane Magnus-Stinson on 10/17/2013. (SWM) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
44

REPLY in Support of Motion re 7 MOTION for Preliminary Injunction, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Supplemental Declaration Dr. Stutsman, # 2 Supplemental Declaration Dr. Blumenthal, # 3 Declaration Dr. Stutsman)(Falk, Kenneth) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
45

STIPULATION Joint Proposed Agenda for Preliminary Injunction Hearing and Stipulation Regarding Evidence, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA, Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Rose, Gavin) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
46

Findings of Fact & Conclusions of Law (proposed) (Notice of Tender & Proposed Findings/Conclusions) by All Plaintiffs. (Attachments: # 1 Text of Proposed Order (Proposed Findings of Fact and Conclusions of Law))(Rose, Gavin) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
47

Findings of Fact & Conclusions of Law (proposed) Notice of Tender & Proposed Findings/Conclusions by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Findings of Fact, Conclusions of Law and Order on Motion for Preliminary Injunction)(Fisher, Thomas) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
48

MINUTE ENTRY: On October 30, 2013, the Court held a hearing on Plaintiff Planned Parenthood of Indiana and Kentucky, Inc.'s Motion for Preliminary Injunction. [Dkt. 7.] The parties stipulated to the admissibility of the evidence presented in support and opposition of the pending motion, and those exhibits were admitted for purposes of ruling on that motion. [Dkt. 45.] Oral argument was heard, and the Court took the pending motion UNDER ADVISEMENT. Signed by Judge Jane Magnus-Stinson. (SWM) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
49

ORDER: Because the IDOH has not yet acted on PPINK's application or waiver requests, there is currently no indication whether PPINK's Lafayette clinic will be considered an "abortion clinic" on January 1, 2014, I.C. § 16-18-2-1.5(a), such that it would be subject to the surgical-related physical plant requirements that it contends it does not currently meet. But this uncertainty is not due to delay on PPINK's part, considering that it filed its application and waiver requests within two weeks of the effective dates of the challenged statutes. PPINK's application and waiver requests have been pending before the IDOH for almost four months, and it is undisputed that the challenged statutes modify the definition and regulation of what is an "abortion clinic" in a way that could impact PPINK's Lafayette clinic in approximately seven weeks. Given this time frame, the Court ORDERS the State to file a report by November 13, 2013, detailing the status of PPINK's abortion clinic application and waiver requests, why those requests have not yet been ruled on, the average amount of time it has taken the IDOH to rule on similar requests, and when the IDOH anticipates ruling on PPINK's pending requests ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 11/8/2013.(DW) Modified on 11/8/2013 (DW). (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

RECAP
50

REPORT of Defendant Commissioner, Indiana State Department of Health, In Response to Order of November 8, 2013 by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH. (Fisher, Thomas) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
51

Joint MOTION for Continuance of Initial Pretrial Conference, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA, Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
52

REPORT by COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH. (Attachments: # 1 Exhibit A - Notice of License Denial and Denial of Waiver Requests)(Fisher, Thomas) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
53

ORDER - granting 51 Motion for Continuance; Scheduling: Initial Pretrial Conference is reset for 1/6/2014 02:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge. Signed by Magistrate Judge Mark J. Dinsmore on 11/14/2013.(CKM) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
54

ORDER granting in part 7 PPINK's Motion for Preliminary Injunction - The Court ISSUES A PRELIMINARY INJUNCTION pursuant to Federal Rule of Civil Procedure 65(d), such that the Defendants and their officers, agents, servants, employees, and attorneys are enjoined from enforcing Indiana Code § 16-18-2-1.5(a)(2 ) against PPINK's Lafayette clinic. PPINK need not post a bond, given that the State does not dispute PPINK's assertion that the State will not incur monetary damages from this injunction. ***SEE ORDER***. Signed by Judge Jane Magnus-Stinson on 11/26/2013. (JKS) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

Clearinghouse
55

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. . (Falk, Kenneth) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
56

SCHEDULING ORDER - The telephonic initial pretrial conference scheduled for Monday, January 6, 2014 at 2:20 p.m. is being continued to Friday, January 10, 2014 at 2:00 p.m. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/6/2014. (JD) (Entered: 01/07/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
58

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/10/2014. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. Status Conference set for 2/28/2014 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
59

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Discovery due by 9/26/2014. Dispositive Motions due by 10/26/2014. Signed by Magistrate Judge Mark J. Dinsmore on 1/15/2014.(JD) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
60

SCHEDULING ORDER - Bench Trial set for 6/1/2015 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Final Pretrial Conference set for 5/8/2015 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan [dkt. 59]. Counsel are further reminded to review the undersigned's Practices and Procedures, available on the internet. Signed by Judge Jane Magnus-Stinson on 1/27/2014. (JKS) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
61

PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JKS) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
63

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 2/28/2014. The parties reported they are waiting to see if the General Assembly acts on this issue. Status Conference set for 3/18/2014 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
65

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/18/2014. The parties have agreed upon a revised case management schedule, which the Court will enter as follows. Amend Pleadings/Join additonal parties due by 4/1/2014. Dispositive Motions due by 4/1/2014. Cross Motions due by 5/2/2014. (See Entry for other established deadlines and information). Status Conference set for 2/18/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
66

CORRECTED DOCUMENT - Please disregard document re 65 Minute Entry which had an error in dates for section IV. Corrected document has been attached to this entry. MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/18/2014. The parties have agreed upon a revised case management schedule, which the Court will enter as follows. Amend Pleadings/Join additonal parties due by 4/1/2014. Dispositive Motions due by 5/1/2014. Cross Motions due by 6/3/2014. (See Entry for other established deadlines and information). Status Conference set for 2/18/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

PACER
67

Unopposed MOTION for Extension of Time to April 7, 2014 to File to Amend Pleadings and/or to Join Additional Parties, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
68

ORDER granting 67 Motion for Extension of Time. IT IS THEREFORE ORDERED that plaintiff shall have to, and including, April 7, 2014, to file an amended complaint in this cause and/or seek additional parties. Signed by Magistrate Judge Mark J. Dinsmore on 4/1/2014. (DW) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
69

STIPULATION Concerning Additional Factual Issues, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
70

STIPULATION (REVISED) Concerning Additional Factual Issues, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
71

MOTION for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Declaration-Liz Carroll)(Falk, Kenneth) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
72

BRIEF/MEMORANDUM in Support re 71 MOTION for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
73

MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Attachments: # 1 Exhibit Exhibit 1: Declaration of Brian Carnes)(Fisher, Thomas) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
74

BRIEF/MEMORANDUM in Support re 73 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS 71 MOTION FOR SUMMARY JUDGMENT, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) Modified on 7/7/2014 (JKS). (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
75

RESPONSE in Opposition re 73 MOTION for Summary Judgment and Reply in Support of Their 71 Motion for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Stutsman 2nd Supp. Declaration)(Falk, Kenneth) Modified on 7/7/2014 (JKS). (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
76

Unopposed MOTION for Extension of Time to 08/18/2014 to file reply to 73 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order proposed order)(Fisher, Thomas) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
77

ORDER granting Defendants' 76 Motion for Extension of Time to File Reply to 8/18/2014 re 73 MOTION for Summary Judgment . Signed by Judge Jane Magnus-Stinson on 7/29/2014. (SWM) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
78

REPLY in Support of Motion re 73 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
79

ORDER: Presently pending before the Court are the parties' cross-motions for summary judgment. [Filing No. 71; Filing No. 73.] The Court sets oral argument on these motions for 1:00 p.m. on Thursday, October 30, 2014, in Room 307, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. Each side will have 45 minutes (see Order for additional information). Signed by Judge Jane Magnus-Stinson on 10/9/2014.(SWM) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
80

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: On October 30, 2014, the Court heard oral argument on the parties' cross-motions for summary judgment. [Filing No. 71; Filing No. 73.] The parties were represented by counsel and Plaintiff was also present by representative Betty Cockrum. The Court heard oral argument and took the matter UNDER ADVISEMENT. The Court Reporter was Jean Knepley. Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
81

ORDER ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT: The Court GRANTS IN PART PPINK's Motion for Summary Judgment, [Filing No. 71]. The Court DENIES the State's Motion for Summary Judgment in all respects. [Filing No. 73.] No final judgment shall issue at this time (see Order for details). Signed by Judge Jane Magnus-Stinson on 12/3/2014. (SWM) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

Clearinghouse
82

SCHEDULING ORDER:Telephonic Status Conference set for 12/15/2014 11:00 AM before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 12/4/2014.(CKM) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
84

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/15/2014. The parties discussed the Court's ruling on the cross-motions for summary judgment. The parties will be moving for entry of final judgment. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
85

Joint MOTION to Enter Permanent Injunction and Final Judgment Following Order on the Parties' Cross-Motions for Summary Judgment, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
86

ORDER (Marginal Notation): The parties' Joint Motion to Enter Permanent Injunction and Final Judgment is GRANTED. [Filing No. 85.] Final Judgment shall issue by separate entry pursuant to Federal Rule of Civil Procedure 58. Signed by Judge Jane Magnus-Stinson on 1/6/2015. (DW) Modified on 1/7/2015 (DW). (Entered: 01/07/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
87

CLOSED Final Judgment Pursuant to Fed. R. Civ. Pro. 58: IT IS THEREFORE ORDERED as follows: 1. The defendants, as well as their officers, agents, servants, employees, and attorneys, are hereby permanently enjoined from enforcing Indiana Code § 16-18-2-1.5(a)(2). 2. The defendants, as well as their officers, agents, servants, employees, and attorneys, are hereby permanently enjoined from enforcing Indiana Code § 16-21-2-2.5(b). 3. Final judgment is hereby entered in the plaintiff's favor. IT IS FURTHER ORDERED that based on the agreement of the parties the time within which plaintiff is to file for attorneys' fees and costs is extended until 60 days after the Judgment, in the event that a notice of appeal is not filed in this case or, in the event that this matter is appealed, until 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, whichever is later. Signed by Judge Jane Magnus-Stinson on 1/6/2015.(DW) Modified on 1/7/2015 (DW). (Entered: 01/07/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
88

Unopposed MOTION for Extension of Time to April 8, 2015 to Petition for Attorneys' Fees and Costs, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
89

ORDER granting Plaintiff's 88 Unopposed Motion for Extension of Time to 4/8/2015 in which to petition for its attorneys' fees and costs. Signed by Judge Jane Magnus-Stinson on 3/9/2015. (BGT) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
90

Second MOTION for Extension of Time to May 8, 2015 to Petition for Attorneys' Fees and Costs (UNOPPOSED), filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
91

ORDER granting Plaintiff's 90 Motion for Extension of Time to 5/8/2015 in which to petition for its attorneys' fees and costs. Signed by Judge Jane Magnus-Stinson on 4/8/2015. (BGT) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
92

NOTICE Concerning Plaintiff's Attorneys' Fees and Costs, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (Falk, Kenneth) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
93

ORDER (Marginal Notation) re 92 Notice. The parties have resolved the issue of the plaintiff's attorneys' fess and costs. The case remains closed. Signed by Judge Jane Magnus-Stinson on 5/11/2015.(DW) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
94

NOTICE of Substitution of Appearance by Lara K. Langeneckert replacing Ashley Harwel on behalf of COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA (Langeneckert, Lara) (Entered: 05/28/2015)

May 28, 2015

May 28, 2015

PACER
95

MOTION RULE 60(b)(5) MOTION FOR RELIEF FROM JUDGMENT, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
96

RESPONSE in Opposition re 95 MOTION RULE 60(b)(5) MOTION FOR RELIEF FROM JUDGMENT, filed by Plaintiff PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
97

EXHIBIT in Support of Motion re 95 MOTION RULE 60(b)(5) MOTION FOR RELIEF FROM JUDGMENT Exhibit A - SEA 546, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
98

REPLY in Support of Motion re 95 MOTION RULE 60(b)(5) MOTION FOR RELIEF FROM JUDGMENT, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, PROSECUTOR, TIPPECANOE COUNTY, INDIANA. (Fisher, Thomas) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
99

ORDER denying State's 95 Motion for Relief from Judgment. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 7/2/2015. (BGT) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

Clearinghouse

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: Aug. 22, 2013

Closing Date: Jan. 6, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was Planned Parenthood of Indiana and Kentucky or PPINK, a non-profit organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner, State

Attorney General, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

Reproductive rights:

Facility requirements

General:

Abortion

Type of Facility:

Non-government non-profit