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Case: Planned Parenthood of Indiana, Inc. v. Commissioner of the Indiana State Department of Health

1:11-cv-00630 | U.S. District Court for the Southern District of Indiana

Filed Date: May 10, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 10, 2011, the ACLU of Indiana, the ACLU, and Planned Parenthood of Indiana filed a lawsuit against several Indiana state officials challenging the 2011 House Enrolled Act 1210 (HEA 1210). Additionally, two medical employees of Planned Parenthood and two women who were enrolled in the Medicaid program and routinely received non-abortion related services from Planned Parenthood were also named Plaintiffs. The named defendants included the Commissioner of the Indiana State Department of Hea…

On May 10, 2011, the ACLU of Indiana, the ACLU, and Planned Parenthood of Indiana filed a lawsuit against several Indiana state officials challenging the 2011 House Enrolled Act 1210 (HEA 1210). Additionally, two medical employees of Planned Parenthood and two women who were enrolled in the Medicaid program and routinely received non-abortion related services from Planned Parenthood were also named Plaintiffs. The named defendants included the Commissioner of the Indiana State Department of Health, the Director of the Indiana State Budget Agency, the Commissioner of the Indiana Department of Administration, the Secretary of the Indiana Family and Social Services Administration, and the Prosecutors of Marion County, Monroe County, and Tippecanoe County, all in their official capacity. 

The law in question concerned the statutes codified by HEA 1210—Indiana Code § 5-22-17-5.5 and § 16-34-2-1.1. The first statute prohibited any agency in Indiana from entering into a contract or making a grant to any entity that performs abortions or operates a facility where abortions are performed, even if it is not state-funded. It also canceled any previously appropriated funds due to such an entity and commanded the Indiana State Budget Agency to determine that funds were no longer available to pay for pre-existing grants or contractual obligations. The second statute required that in regards to informed consent, a woman must be informed prior to an abortion that human life begins at conception and that a fetus can feel pain at or before twenty weeks of postfertilization age.

Plaintiffs asserted that HEA 1210 would cancel or impair pre-existing contracts that various state agencies had entered into with Planned Parenthood, thereby violating the Contract Clause of the U.S. Constitution (the "block-grant funding" claim). In addition, they asserted that HEA 1210 violated federal Medicaid law, as it prohibited the plaintiffs who used Planned Parenthood services from obtaining Medicaid reimbursements for services from their provider of choice (the "Medicaid" claim). Also, to the extent that HEA 1210 imposed additional qualifications for the receipt of federal monies through grants and contracts with state agencies, Plaintiffs argued HEA 1210 was preempted by federal law. Lastly, Plaintiffs asserted that the statutes required Planned Parenthood to choose between engaging in the constitutionally protected activity of providing abortion care and receiving monies unrelated to the provision of abortions, and therefore is invalid. Plaintiffs sought (1) a declaratory judgment that Defendants violated their rights as stated above, (2) a preliminary and permanent injunction enjoining Indiana from enforcing the challenged provisions of HEA 1210, and (3) costs and attorneys’ fees. The case was first assigned to Magistrate Judge Tim A. Baker, then later reassigned to Magistrate Judge Denise K. LaRue and District Judge Tanya Walton Pratt.

On the same day of the filing of the complaint, Plaintiffs also filed for a temporary restraining order, which was denied on May 11, 2011, as the Court believed there was nothing that would warrant the remedy of enjoining the law before Defendants had the opportunity to fully contest the issues. However, on June 24, 2011, the Court preliminarily enjoined enforcement of both statutes, but the informed consent provision was only enjoined with respect to abortions conducted in the first trimester. 

In response, on June 28, 2011, Defendants appealed the preliminary injunction with respect to the enjoinment of the block-grant funding and Medicaid claims. Defendants did not appeal the informed consent injunction. Defendants filed the appeal in the U.S. Court of Appeals for the Seventh Circuit.

While the appeal was pending, the District Court entered a partial judgment on the issues not on appeal on October 26, 2011. The court concluded that there was no just reason to delay judgment since Defendants did not appeal the preliminary injunction and did not intend to challenge the injunction any further. The partial judgment declared that the informed consent provisions were invalid.

On December 17, 2012, the appellate court affirmed the district court’s preliminary injunction as it related to the Medicaid Act claim, but reversed the order as it related to block-grant funding. 699 F.3d 962. In accordance with the appellate court judgment, the trial court modified the preliminary injunction on January 7, 2013, enjoining Defendants from denying Medicaid funding to Planned Parenthood, but allowing Defendants to deny Planned Parenthood funding pursuant to a block grant for programs related to sexually transmitted diseases. Defendants filed a writ of certiorari with the United States Supreme Court, but on May 28, 2013, the Supreme Court denied cert without comment, thereby leaving the Seventh Circuit opinion in place.

A final judgment was entered on July 30, 2013 by Judge Tanya Walton Pratt. The Court permanently enjoined Indiana from using HEA 1210 to deny Medicaid funding and reimbursement to Planned Parenthood and declared the action unlawful. The Court dismissed Plaintiff’s block-grant funding claim. Attorney’s fees were also ordered to be paid to Plaintiffs in an amount undisclosed.

Summary Authors

Kathleen Lok (10/18/2022)

Documents in the Clearinghouse

Document
1

1:11-cv-00630

Complaint

May 10, 2011

May 10, 2011

Complaint
17

1:11-cv-00630

Denying Motion for TRO & Hearing on Motion for Preliminary Injunction

May 11, 2011

May 11, 2011

Order/Opinion
77

1:11-cv-00630

Entry on Motion for Preliminary Injunction

June 24, 2011

June 24, 2011

Order/Opinion
89

1:11-cv-00630

Order

Oct. 26, 2011

Oct. 26, 2011

Order/Opinion
97

11-02464

USCA Final Judgment

U. S. Court of Appeals for the Seventh Circuit

Dec. 17, 2012

Dec. 17, 2012

Order/Opinion
100

1:11-cv-00630

Modified Preliminary Injunction

Jan. 7, 2013

Jan. 7, 2013

Order/Opinion
107

1:11-cv-00630

Final Judgment

July 30, 2013

July 30, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266520/planned-parenthood-of-indiana-inc-v-commissioner-of-the-indiana-state/

Last updated Nov. 21, 2022, 9:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - IHCP Provider Agreement, # 2 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health, # 3 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health, # 4 Exhibit 3- Agreement for Services, # 5 Exhibit 4- 2003 - 2007 Indiana Termination of Pregnancy Report)(JD) (Entered: 05/10/2011)

1 Exhibit 1 - IHCP Provider Agreement

View on PACER

2 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health

View on PACER

3 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health

View on PACER

4 Exhibit 3- Agreement for Services

View on PACER

5 Exhibit 4- 2003 - 2007 Indiana Termination of Pregnancy Report

View on PACER

May 10, 2011

May 10, 2011

Clearinghouse
2

CIVIL COVER SHEET, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
3

RECEIPT #IP024008 in the amount of $ 350.00 (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
4

Summons Issued as to All Defendants. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
5

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
6

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
7

NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
8

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
9

MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Declaration of Betty Cockrum, # 2 Exhibit 1- IHCP Provider Agreement, # 3 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health, # 4 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health, # 5 Exhibit 3-1 - Agreement for Services, # 6 Exhibit 3-2 - Amendment to Agreement for Services Title V, Title XX, Tanf Services Amendment)(JD) (Entered: 05/10/2011)

1 Declaration of Betty Cockrum

View on PACER

2 Exhibit 1- IHCP Provider Agreement

View on PACER

3 Exhibit 2-1 - 12/14/2010 Letter from Indiana State Department of Health

View on PACER

4 Exhibit 2-2 - 12/14/2010 Letter from Indiana State Department of Health

View on PACER

5 Exhibit 3-1 - Agreement for Services

View on PACER

6 Exhibit 3-2 - Amendment to Agreement for Services Title V, Title XX, Tanf Servic

View on PACER

May 10, 2011

May 10, 2011

RECAP
10

Submission of Proposed Order, re 9 MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

RECAP
11

MEMORANDUM in Support re 9 MOTION for Temporary Restraining Order, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

RECAP
12

ATTORNEY'S CERTIFICATE, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (JD) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
13

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Fisher, Thomas) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
14

NOTICE of Appearance by Heather Lynn Hagan on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Hagan, Heather) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
15

NOTICE of Appearance by Adam Clay on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION. (Clay, Adam) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
16

ENTRY and Order for Emergency Hearing - Parties appear by counsel re 9 Motion for Temporary Restraining Order. Plaintiffs present oral argument. Defendants present oral argument. Motion taken under advisement. Parties directed to return 5/11/2011 at 12:00 p.m. A ruling will be issued at that time. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt) (TRG) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
17

ENTRY Denying Motion for Temporary Restraining Order and Setting Hearing on Motion for Preliminary Injunction - Docket No. 9 is DENIED as it relates to Planned Parenthood's Motion for Temporary Restraining Order. The Court TAKES UNDER ADVISEMENT Plaintiffs' Motion (Dkt. No. 9 ) to the extent it seeks a preliminary injunction. Preliminary Injunction Hearing set for 6/6/2011 at 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt.(Court Reporter Fred Pratt.) (TRG) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

Clearinghouse
18

NOTICE of Filing of Add'l Evidentiary Material in Support of 9 Mot. for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Affidavit of Carla Cleary, C.N.M., # 2 Affidavit of Dr. Michael King, M.D., # 3 Affidavit of Letitia Clemons, # 4 Affidavit of Jackie Grubbs, # 5 Affidavit of David Orentlicher, J.D., M.D., # 6 Affidavit of Sadath Sayeed, J.D., M.D., # 7 Affidavit of Lee M. Silver, Ph.D.) (Rose, Gavin) Modified on 5/16/2011 (JD). (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

PACER
19

Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Pretrial Conference held on 5/11/2011. Discussion held regarding discovery, settlement, and related matters. Defendants shall respond to Plaintiffs' motion for preliminary injunction by May 25,2011, and Plaintiffs shall file any reply by June 2, 2011. No discovery is anticipate. Signed by Magistrate Judge Tim A. Baker.(SWM) (Entered: 05/16/2011)

May 13, 2011

May 13, 2011

PACER
20

MOTION for Attorney Talcott Camp to Appear pro hac vice., filed by Plaintiff PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(JD) Modified on 5/19/2011 (JD). (Entered: 05/19/2011)

May 17, 2011

May 17, 2011

PACER
21

RECEIPT #IP024214 in the amount of $ 30.00, re 20 MOTION for Attorney Talcott Camp to Appear pro hac vice. (JD) (Entered: 05/19/2011)

May 18, 2011

May 18, 2011

PACER
22

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
23

NOTICE of Appearance by Heather Lynn Hagan on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Hagan, Heather) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
24

NOTICE of Appearance by Ashley Tatman Harwel on behalf of Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Harwel, Ashley) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
25

NOTICE of Appearance by Adam Clay on behalf of Defendants THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Clay, Adam) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
26

Reassignment of Case to Magistrate Judge Denise K. LaRue. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number (1-11-cv-00630-TWP-DKL), which includes the initials of the newly assigned judge, on all future filings in this matter. (AAM) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
27

AMENDED MOTION for Attorney(s) Talcott Camp to Appear pro hac vice., filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, and PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(SWM) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
28

RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 SEALED Exhibit G, # 8 Exhibit H)(Fisher, Thomas) Modified on 5/31/2011 (TMA). *** EXHIBIT 7 SEALED PER 37 ORDER OF 5/27/11 - SEE DOCKET 38 FOR REDACTED VERSION *** Modified on 6/1/2011 (JD). (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
29

EXHIBIT A re 28 Response in Opposition to Motion by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A to Birr Declaration, # 2 Exhibit B to Birr Declaration, # 3 Exhibit C to Birr Declaration)(Fisher, Thomas) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
30

CERTIFICATE OF SERVICE by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 28 Response in Opposition to Motion (Fisher, Thomas) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
31

ORDER granting 27 Motion to Appear pro hac vice. Attorney Talcott Camp for CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, and for PLANNED PARENTHOOD OF INDIANA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 5/26/2011. c/m (TMA) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
32

MOTION to Seal Document 28 Response in Opposition to Motion, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order proposed order sealing exhibit G to document 28)(Fisher, Thomas) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
33

**PLEASE DISREGARD, SEE DOCKET 38 ** REDACTION to 28 Response in Opposition to Motion by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/1/2011 (JD). (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
34

Amicus Curiae APPEARANCE entered by Eric Allan Koch on behalf of All Defendants. (Koch, Eric) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
35

MOTION for Leave to File Memorandum of Law by Amici Curiae, filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Koch, Eric) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
36

BRIEF/MEMORANDUM in Support re 35 MOTION for Leave to File Memorandum of Law by Amici Curiae filed by Amicus INDIANA GENERAL ASSEMBLY. (Koch, Eric) Modified on 5/27/2011 (JD). (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
37

ORDER granting 32 Motion to Seal 28 Exhibit 7 to Response in Opposition to Motion for Preliminary Injunction. The redacted version submitted by Defendants (doc. 33) contains spacing errors throughout the declaration portion that do not appear in the original version and that frequently break up words and generally render the exhibit more difficult to read. Defendants are ordered to promptly file a corrected redacted version. Signed by Magistrate Judge Denise K. LaRue on 5/27/2011. (TMA) (Entered: 05/31/2011)

May 27, 2011

May 27, 2011

PACER
38

**CORRECTED** REDACTION to 28 Response in Opposition to Motion Corrected Redacted Exhibit G by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/1/2011 (JD). (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
40

MOTION for Attorney Thomas Brejcha to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

PACER
41

MOTION for Attorney Paul B. Linton to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

PACER
39

NOTICE of Parties' First Extension of Time, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Clay, Adam) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
42

RECEIPT #IP024400 in the amount of $ 30.00 re 40 MOTION for Attorney Thomas Brejcha to Appear pro hac vice. (JD) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
43

RECEIPT #IP024399 in the amount of $ 30.00 re 41 MOTION for Attorney Paul B. Linton to Appear pro hac vice. (JD) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
44

MOTION for Attorney Roger Evans to Appear pro hac vice., filed by Plaintiff PLANNED PARENTHOOD OF INDIANA, INC. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
45

RECEIPT #IP024419 in the amount of $ 30.00 re 44 MOTION for Attorney Roger Evans to Appear pro hac vice. (JD) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
46

ORDER granting 44 Motion to Appear pro hac vice. Attorney Roger Evans for PLANNED PARENTHOOD OF INDIANA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 6/2/2011. c/m (TMA) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
47

ENTRY Setting Expedited Briefing Schedule - Any responses or objections to Motion (Dkt. No. 35 ) should be filed no later than noon, Friday, June 3, 2011. Signed by Judge Tanya Walton Pratt on 6/2/2011.(TRG) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
48

REPLY in Support of Motion re 9 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Exhibit Cockrum-Supp. Declaration, # 2 Exhibit State letter, # 3 Exhibit Federal letter, # 4 Exhibit Federal bulletin)(Falk, Kenneth) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
49

RESPONSE to Motion re 35 MOTION for Leave to File Memorandum of Law by Amici Curiae, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Falk, Kenneth) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
50

STIPULATION of Fact and Evidence, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit State Plan, # 2 Exhibit Casanova letter to CMS, # 3 Exhibit CMS letter to Casanova)(Fisher, Thomas) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
51

NOTICE of Name Change, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY (Hagan, Heather) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
52

ORDER granting 35 Motion for Leave to File. Signed by Judge Tanya Walton Pratt on 6/3/2011. (TRG) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
53

MOTION to Submit Supplemental Authority, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/05/2011)

June 5, 2011

June 5, 2011

PACER
54

ORDER granting 53 Motion to Supplement Additional Authority. The supplemental authority is deemed submitted. Signed by Judge Tanya Walton Pratt on 6/5/2011. (TRG) (Entered: 06/05/2011)

June 5, 2011

June 5, 2011

PACER
55

ENTRY and Order for proceedings held before Judge Tanya Walton Pratt on 6/6/2011: Parties appear by counsel. Plaintiffs present oral argument. Defendants present oral argument. The Court requests briefing regarding the Chevron deference issue. Defendants' brief is due within seven days. Plaintiffs' brief is due three days after Defendants' brief is filed. The Court takes this matter under advisement and will issue a ruling prior to July 1, 2011. Signed by Judge Tanya Walton Pratt. (Court Reporter Cathy Jones.) (TRG) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
56

NOTICE of Electronic Filing of Previously Submitted Evidentiary Material in Opposition to the 9 Motion for Preliminary Injunction, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY (Attachments: # 1 Exhibit A - Declaration of Michael A. Gargano) (Fisher, Thomas) Modified on 6/8/2011 (JD). (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
57

AMENDED MOTION for Attorney Paul B. Linton to Appear pro hac vice, filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/09/2011)

June 8, 2011

June 8, 2011

PACER
58

AMENDED MOTION for Attorney Thomas Brejcha to Appear pro hac vice., filed by Amicus INDIANA GENERAL ASSEMBLY. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 06/09/2011)

June 8, 2011

June 8, 2011

PACER
59

RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF TIPPECANOE COUNTY served on 5/12/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
60

RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF MARION COUNTY served on 5/13/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
61

RETURN of Service by CMRRR, filed by All Plaintiffs. THE PROSECUTOR OF MONROE COUNTY served on 5/12/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
62

ORDER granting 58 Motion to Appear pro hac vice. Attorney Thomas Brejcha for INDIANA GENERAL ASSEMBLY added. Signed by Magistrate Judge Denise K. LaRue on 6/10/2011. c/m (TMA) Modified on 6/14/2011 (TMA). (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
63

ORDER granting 57 Motion to Appear pro hac vice. Attorney Paul B. Linton for INDIANA GENERAL ASSEMBLY added. Signed by Magistrate Judge Denise K. LaRue on 6/10/2011. c/m (TMA) Modified on 6/14/2011 (TMA). (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
64

SUPPLEMENTAL RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) Modified on 6/14/2011 (JD). (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
65

SUPPLEMENTAL BRIEF in Support re 9 MOTION for Temporary Restraining Order (Supplemental Brief Concerning Deference), filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Rose, Gavin) Modified on 6/15/2011 (JD). (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
66

Statement of Interest by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Moore, Tamra) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
67

NOTICE of Appearance by Tamra Tyree Moore on behalf of Interested Party UNITED STATES OF AMERICA. (Moore, Tamra) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
68

NOTICE of Appearance by Joseph Wilfred Mead on behalf of Interested Party UNITED STATES OF AMERICA. (Mead, Joseph) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
69

NOTICE of Appearance by Ethan Price Davis on behalf of Interested Party UNITED STATES OF AMERICA. (Davis, Ethan) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
70

MOTION for Leave to File Response to Statement of Interest of the United States, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
71

RESPONSE in Opposition re 70 MOTION for Leave to File Response to Statement of Interest of the United States, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Rose, Gavin) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
72

ORDER granting 70 Motion for Leave to File. Defendants may submit a memorandum in response to the Statement of Interest of the United States, limited to 15 pages, on or before noon June 24, 2011. If Plaintiff's wish to file a response/reply, it must be filed no later than 6:00 p.m. on June 24, 2011. Signed by Judge Tanya Walton Pratt on 6/17/2011. (TRG) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
73

NOTICE of Appearance by Talcott Camp on behalf of Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Camp, Talcott) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
74

RESPONSE in Opposition to Statement of Interest, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Exhibit A Request for Reconsideration, # 2 Exhibit B SPA 05-015, # 3 Exhibit C Notice of Proposed Rulemaking)(Fisher, Thomas) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
75

NOTICE of Intention of Plaintiffs to Not File Reply Memorandum, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC. (Falk, Kenneth) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
76

ENTRY on Motion for Preliminary Injunction - Plaintiffs' Motion for Preliminary Injunction (Dkt. 9 ) is GRANTED with respect to the defunding provision, DENIED with respect to Ind. Code § 16-34-2-1.1(a)(1)(E) and GRANTED with respect to Ind. Code § 16-34-1.1(a)(1)(G) as applied to Plaintiffs only. The issuance of a preliminary injunction will not impose any monetary injuries. In the absence of such injuries, NO BOND is required. Signed by Judge Tanya Walton Pratt on 6/24/2011. (TRG) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

Clearinghouse
77

CORRECTED DOCUMENT re 76 Entry on Motion for Preliminary Injunction. Corrected document has been attached to this entry. (TRG) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

Clearinghouse
78

NOTICE OF APPEAL as to 76 Order on Motion for TRO, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Fisher, Thomas) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
79

DOCKETING STATEMENT by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 78 Notice of Appeal (Fisher, Thomas) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
84

USCA Appeal Fees received $ 455 receipt number IP024860 re 78 Notice of Appeal. (cc: USCA re: CA #11-2464.) (TMA) (Entered: 06/29/2011)

June 28, 2011

June 28, 2011

PACER
80

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 78 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
81

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 78 Notice of Appeal. - for Court of Appeals Use Only. (TMA) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
82

Defendants' ANSWER to 1 Complaint, filed by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY.(Fisher, Thomas) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
83

USCA Case Number 11-2464 for 78 Notice of Appeal filed by THE PROSECUTOR OF TIPPECANOE COUNTY, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF MARION COUNTY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY. (Attachments: # 1 Circuit Rule 3(b) Notice)(TMA) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
85

DESIGNATION of Record on Appeal by COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY re 78 Notice of Appeal (Attachments: # 1 Exhibit Designated Record)(Fisher, Thomas) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

PACER
86

Certified and Transmitted Record on Appeal to US Court of Appeals, via email, re 78 Notice of Appeal. (TMA) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
87

Appeal Remark re 78 Notice of Appeal : Long record received and docketed by the USCA. (TMA) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
88

Joint MOTION for Entry of Partial Judgment, filed by Defendants COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order Rule 54(b) order)(Fisher, Thomas) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
89

ORDER - The Court GRANTS 88 Joint Motion for Entry of Partial Judgment. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, this Court hereby enters final judgment as to the portion of Count 2 of Plaintiffs' Complaint. No other claims in this lawsuit are impacted by this partial final judgment. Signed by Judge Tanya Walton Pratt on 10/26/2011.(JD) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

Clearinghouse
90

Joint MOTION for Extension of Time to for Plaintiffs to Seek Attorneys' Fees and Costs, Joint MOTION to Stay of Proceedings Pending Appellate Resoluation, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
91

MOTION to Dismiss Carla Cleary, C.N.M., as One of the Plaintiffs, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
92

ORDER granting 91 Motion to Dismiss - Carla Cleary is DISMISSED from this case. Signed by Judge Tanya Walton Pratt on 11/2/2011. (JD) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

Clearinghouse
93

ORDER granting 90 Joint Motion to Extend Time for Plaintiffs to Seek Attorneys' Fees and Costs and Joint Motion for Stay of Proceedings Pending Appellate Resolution. Signed by Judge Tanya Walton Pratt on 11/2/2011. (JD) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
94

ORDER of USCA as to 78 Notice of Appeal - Upon consideration of the MOTION TO DISMISS CARLA CLEARY, C.N.M., AS A PLAINTIFF-APPELLEE IN THIS CAUSE, filed by counsel for appellees, on November 7, 2011, IT IS ORDERED that the motion is GRANTED to the extent that the clerk of this court shall remove appellee Carla Cleary, C.N.M., from this court's docket. APPEAL REMAINS OPEN. (TMA) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
95

MOTION to Withdraw Attorney Appearance of Jan P. Mensz, filed by Plaintiffs CARLA CLEARY, CNM, LETITIA CLEMONS, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
96

ORDER granting 95 Motion to Withdraw Attorney Appearance. Attorney Jan P. Mensz withdrawn. Signed by Magistrate Judge Denise K. LaRue on 12/2/2011. (TMA) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
97

MANDATE of USCA as to 78 Notice of Appeal - We AFFIRM the district court's order granting preliminary injunctive relief on Planned Parenthood's Medicaid Act claim. We REVERSE the order as it relates to the State's § 247c(c) block-grant funding and REMAND the case with instructions to modify the injunction accordingly. The above is in accordance with the decision of this court entered on this date. Each side to bear its own costs. (TMA) (Entered: 12/18/2012)

Dec. 17, 2012

Dec. 17, 2012

Clearinghouse
98

ORDER - This matter is before the Court regarding the Mandate (Dkt. 97 ) issued by the United States Court of Appeals, for the Seventh Circuit, which remanded this case for further proceedings. In accordance with Local Rule 16-2, parties shall file their position statement on or before January 7, 2013. Signed by Judge Tanya Walton Pratt on 12/19/2012.(JD) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
99

Statement (Joint) of Position and Submission of Proposed Modified Preliminary Injunction and Joint Motion for Stay Pending Conclusion of Supreme Court Proceedings by LETITIA CLEMONS, COMMISSIONER OF THE INDIANA DEPARTMENT OF ADMINISTRATION, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, DIRECTOR OF THE INDIANA STATE BUDGET AGENCY, INDIANA GENERAL ASSEMBLY, DEJIONA JACKSON, MICHAEL KING, MD, PLANNED PARENTHOOD OF INDIANA, INC., SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVS. ADMINISTRATION, THE PROSECUTOR OF MARION COUNTY, THE PROSECUTOR OF MONROE COUNTY, THE PROSECUTOR OF TIPPECANOE COUNTY. (Attachments: # 1 Text of Proposed Order Modified Preliminary Injunction, # 2 Text of Proposed Order Proposed Stay)(Falk, Kenneth) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
100

MODIFIED PRELIMINARY INJUNCTION - HEA 1210, Indiana Code § 5-22-17-5.5, is preliminarily enjoined as violating 42 U.S.C. § 1396a(a)(23), for the reasons noted in this Court's original preliminary injunction determination as affirmed by the Seventh Circuit. IT IS FURTHER ORDERED that plaintiffs' request for a preliminary injunction as to the application of HEA 1210, Indiana Code § 5-22-17-5.5, to the receipt by Planned Parenthood of Indiana, Inc., of funding pursuant to a block grant for programs related to sexually transmitted diseases, 42 U.S.C. § 247c(c) is DENIED. IT IS FURTHER ORDERED that in all other respects this Court's prior preliminary injunction determination and order is unchanged. Signed by Judge Tanya Walton Pratt on 1/7/2013. (JD) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

Clearinghouse

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: May 10, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood of Indiana (a non-profit service organization that provides reproductive health and family planning services, two medical employees of Planned Parenthood and two women who were enrolled in the Medicaid program and routinely received non-abortion related services from Planned Parenthood.

Plaintiff Type(s):

Private Plaintiff

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 of the Indiana State Department of Health, State

Director of the Indiana State Budget Agency, State

Commissioner of the Indiana Department of Administration, State

Secretary of the Indiana Family and Social Services Administration, State

Prosecutor (Marion), County

Prosecutor (Monroe), County

Prosecutor (Tippecanoe), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2011 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Funding

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Non-government non-profit

Benefit Source:

Medicaid