Case: Whole Woman's Health Alliance v. Rokita

1:18-cv-01904 | U.S. District Court for the Southern District of Indiana

Filed Date: June 21, 2018

Closed Date: Oct. 21, 2022

Clearinghouse coding complete

Case Summary

This is a case challenging Indiana laws regulating abortion. On June 21, 2018, a group of abortion providers and nonprofit organizations filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs, represented by The Lawyering Project and a private firm, sued Indiana under 42 U.S.C. § 1983, seeking injunctive and declaratory relief and attorney's fees. They claimed Indiana’s abortion laws violated the free speech clause of the First Amendment and the due p…

This is a case challenging Indiana laws regulating abortion. On June 21, 2018, a group of abortion providers and nonprofit organizations filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs, represented by The Lawyering Project and a private firm, sued Indiana under 42 U.S.C. § 1983, seeking injunctive and declaratory relief and attorney's fees. They claimed Indiana’s abortion laws violated the free speech clause of the First Amendment and the due process and equal protection clauses of the Fourteenth Amendment, and that the restrictions served no purpose except to burden patients’ access to abortion services.

Prior to this lawsuit, on August 11, 2017, plaintiff Whole Woman’s Health Alliance applied to the Indiana State Department of Health for a license to open an abortion clinic in South Bend, Indiana. The Indiana State Department of Health denied the application and subsequent appeals because the plaintiff’s application allegedly contained inaccuracies as a result of failing to disclose several abortion providers in its list of known affiliates. Following the application’s denial, the plaintiffs filed the complaint in this case, challenging a wide variety of the abortion regulations enacted in Indiana from 1973 to 2018. The challenged abortion restrictions included strict licensure requirements for institutions providing abortion services, restrictions on the use of telemedicine for counseling and prescribing medication to patients seeking abortions, and a requirement that patients receive an ultrasound as part of the informed-consent process at least 18 hours before receiving an abortion.

The case was assigned to Judge Sarah Evans Barker and Magistrate Judge Mark J. Dinsmore. On August 22, 2018, the defendants filed a motion to dismiss the complaint. However, Judge Barker denied the motion on March 28, 2019, holding that the plaintiffs had standing to bring their claims and that the Indiana Attorney General was a proper defendant. 377 F. Supp. 3d 924. Following the denial of their motion, on May 1, 2019, the defendants filed an answer to the complaint.

Meanwhile, on March 27, 2019, the plaintiffs filed a motion for a preliminary injunction so that Whole Woman’s Health Alliance could open the South Bend abortion clinic without first procuring a license. Judge Barker granted the preliminary injunction two months later, on May 31, enjoining Indiana from enforcing the licensure requirements against the South Bend clinic. 388 F. Supp. 3d. 1010. Judge Barker held that the licensure requirements violated the due process clause of the Fourteenth Amendment by placing an undue burden on patients who, in the absence of the new clinic, would have to travel long distances to procure an abortion. Additionally, Judge Barker held that the licensure laws violated the equal protection clause of the Fourteenth Amendment because the laws required medical clinics that administered a drug for medical abortions to apply for a license but did not require licensing for medical clinics administering the same drug for treatment of miscarriages.

The defendants filed an appeal of the preliminary injunction in the U.S. Court of Appeals for the Seventh Circuit on June 2, 2019. On the same day, in District Court, the defendants also filed a motion to stay the preliminary injunction pending appeal, which Judge Barker denied a few days later, on June 7. 2019 WL 10886888.

Later that month, on June 21, the Seventh Circuit affirmed the District Court’s denial of the defendants’ motion to stay but also modified the preliminary injunction to apply only to the South Bend clinic pending oral argument. A month later, on July 11, the Seventh Circuit heard oral arguments. On August 22 of the same year, Chief Judge Diane P. Wood wrote for the Seventh Circuit, affirming its modified preliminary injunction and ordering Indiana to either provisionally license the South Bend clinic, or treat it as if they had. 937 F.3d 864. The Seventh Circuit held that the plaintiffs were likely to succeed on their claim that the licensure provisions created an undue burden for patients seeking abortion services, but the court did not reach the equal protection claim.

On December 9, 2019, the defendants asked the Supreme Court to review the preliminary injunction, but it denied their petition on July 2 of the following year. 141 S.Ct. 189.

Meanwhile, back in District Court, on September 27, 2018, the plaintiffs filed a motion for certification of a defendant class consisting of “all State of Indiana prosecuting attorneys with authority to prosecute misdemeanor and felony offenses, and thus with authority to prosecute violations of certain of the laws challenged.” A year later, on September 24, Judge Barker denied the motion. She held that the plaintiffs failed to show that every county in Indiana had an interest in the litigation based on potential legal action against an abortion clinic within its boundaries, and that adding the defendant class would complicate and slow the proceedings unnecessarily.

On November 8, 2019, the defendants filed a motion for summary judgment. Judge Barker granted the motion in part and denied it in part on October 9 of the following year. 493 F. Supp. 3d 694. Judge Barker held that none of the abortion laws were unconstitutionally vague and that many of the restrictions, including the ultrasound requirement and the parental-consent requirement, did not constitute an undue burden to patients’ right to access abortion services and should be dismissed. However, Judge Barker also held that many of the laws, including the mandatory disclosure provision requiring physicians to tell patients that fetuses can feel pain, that life begins at conception, and that abortion can result in psychological harm to the patient, presented a genuine issue of material fact to be determined at trial.

In response, on December 9, 2019, the plaintiffs filed a motion to voluntarily dismiss without prejudice several of the claims that Judge Barker dismissed at summary judgment, particularly the claims that some of the abortion laws were unconstitutionally vague in violation of the Fourteenth Amendment. Judge Barker denied the motion on September 11, 2020, holding that a motion to dismiss would only be proper if the plaintiffs wanted to dismiss the entire complaint, and that the plaintiffs must file a motion to amend the complaint if they wish to dismiss individual claims. 2020 WL 6106273. The plaintiffs did not file a motion to amend.

Due to the COVID-19 pandemic, the trial was bifurcated into two phases, with the first phase occurring on March 15, 2021, and the second phase occurring on June 23, 2021. On August 10, 2021, Judge Barker granted the plaintiffs a permanent injunction. 553 F. Supp. 3d 500. She held that some of the abortion restrictions were constitutional because the state’s interest in protecting the health of the pregnant parent and the life of the fetus outweighed the burdens imposed. The constitutional provisions included the ultrasound requirement, the parental-consent requirement, the 18-hour delay requirement, the admitting-privileges requirement, some of the facility requirements, the requirement that physicians perform aspiration abortions, the requirement that physicians conduct pre-abortion counseling, the required disclosures regarding the disposal of fetal tissue and physical health risks, and the criminal penalties for violations of abortion laws. However, Judge Barker enjoined Indiana from enforcing the in-person counseling requirement, the in-person examination requirement, the requirement that physicians prescribe first-trimester abortion medication, the requirement that second-trimester abortions be performed in a hospital, most of the facility requirements, and the required disclosures regarding fetal pain, the beginning of life, and psychological harm. Judge Barker held that the required-disclosure law violated the due process clause as well as physicians’ free speech rights under the First Amendment, and that the other laws violated the due process and equal protection clauses of the Fourteenth Amendment.

The defendants appealed the permanent injunction in the Seventh Circuit on August 11, 2021, and filed a motion in the District Court to stay the injunction pending appeal on the same day. Judge Barker denied the motion to stay on August 19, 2021. 2021 WL 3673785.

On September 8, 2021, the Seventh Circuit stayed the injunction pending appeal, holding that a stay would preserve the status quo and that the defendants were likely to prevail on appeal. 13 F.4th 595. Chief Judge Wood dissented from the opinion. 

Meanwhile, on September 3, 2021, the plaintiffs filed a motion to amend the preliminary injunction to enjoin the abortion law requiring patients to receive an ultrasound 18 hours before an abortion. The plaintiffs alleged that Judge Barker dismissed the claim at summary judgment because the constitutionality of the ultrasound requirement was considered alone instead of in conjunction with the 18-hour-delay requirement. Judge Barker denied the motion, because the plaintiffs failed to give notice of the claim. 2021 WL 5415188.

The Seventh Circuit heard oral arguments for the appeal of the permanent injunction on January 12, 2022. However, the case was held in abeyance pending the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, which was argued on December 1, 2021.

On February 21, 2022, both parties asked the court to vacate the preliminary injunction from May 2019, later narrowed by the Seventh Circuit, that had required Indiana to provisionally license the South Bend clinic, or treat it as if they had. Indiana licensed the clinic for medication abortions, so the injunction had become moot. The court vacated the injunction a few days later, on February 25.

On June 24, 2022, the Supreme Court handed down its decision in Dobbs, which overturned Roe v. Wade and held that the Constitution does not guarantee a fundamental right to an abortion. A few weeks later, on July 11, the Seventh Circuit vacated the appealed portions of the District Court's decision and sent the case back to the lower court to determine how it was affected by Dobbs. The court noted that even the First Amendment arguments were affected by whether abortion was considered a fundamental right. 2022 WL 2663208.

A month later, on August 4, both parties asked the District Court to stay the case because the state legislature could pass an abortion law that would moot some claims in the case. Judge Barker granted the stay the next day. On the same day, August 5, Indiana's governor signed a near-total abortion ban.

On October 13, 2022, the state Department of Health changed their disclosure requirements to remove claims about the psychological harm of abortions.

A week later, on October 20, the parties informed the court that they had settled. The plaintiffs voluntarily dismissed their claims without prejudice, meaning they had the option to bring them again in a different lawsuit. Indiana agreed not to reinstate the requirement about psychological harm disclosures. The next day, on October 21, Judge Barker dismissed the case.

The case was closed on October 21, 2022.

Summary Authors

Laura Irei (2/19/2022)

Micah Pollens-Dempsey (3/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7243088/parties/whole-womans-health-alliance-v-rokita/


Judge(s)

Barker, Sarah Evans (Indiana)

Attorney for Plaintiff

Allen, Amanda Lauren (Indiana)

Charmani, Athanasia (Indiana)

Attorney for Defendant

Anderson, Christopher Michael (Indiana)

Bartolomucci, H. Christopher (Indiana)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:18-cv-01904

Complaint

Whole Woman's Health Alliance v. Hill

June 21, 2018

June 21, 2018

Complaint
81

1:18-cv-01904

Order on Motion to Dismiss

Whole Women's Health Alliance v. Hill

March 28, 2019

March 28, 2019

Order/Opinion

377 F.Supp.3d 377

116

1:18-cv-01904

Order on Motion for Preliminary Injunction (DKT. 76)

Whole Woman's Health Alliance v. Hill

May 31, 2019

May 31, 2019

Order/Opinion

388 F.Supp.3d 388

1:18-cv-01904

Order on Defendants' Motion to Stay

Whole Women's Health Alliance v. Hill

June 7, 2019

June 7, 2019

Order/Opinion

2019 WL 2019

38

1:18-cv-01904

19-02051

Opinion

Whole Woman's Health Alliance v. Hill

U.S. Court of Appeals for the Seventh Circuit

Aug. 22, 2019

Aug. 22, 2019

Order/Opinion

937 F.3d 937

173

1:18-cv-01904

Order on Plaintiff's Motion for Certification of a Defendant Class

Whole Women's Health Alliance v. Hill

Sept. 24, 2019

Sept. 24, 2019

Order/Opinion
297

1:18-cv-01904

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

Whole Woman's Health Alliance v. Hill

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion

493 F.Supp.3d 493

425

1:18-cv-01904

Findings of Fact and Conclusions of Law

Whole Women's Health Alliance v. Rokita

Aug. 10, 2021

Aug. 10, 2021

Order/Opinion

553 F.Supp.3d 553

437

1:18-cv-01904

Order Denying Motion to Stay Pending Appeal

Whole Woman's Health Alliance v. Hill

Aug. 19, 2021

Aug. 19, 2021

Order/Opinion

2021 WL 2021

35

1:18-cv-01904

21-02480

21-02573

Opinion

Whole Woman’s Health Alliance v. Rokita

U.S. Court of Appeals for the Seventh Circuit

Sept. 8, 2021

Sept. 8, 2021

Order/Opinion

13 F.4th 13

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7243088/whole-womans-health-alliance-v-rokita/

Last updated April 30, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Payment Receipt 0756-4937256) against All Defendants, filed by All Plaintiffs. (No fee paid with this filing) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Jack, Kathrine) (Entered: 06/21/2018)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

June 21, 2018

June 21, 2018

Clearinghouse
2

NOTICE of Appearance by Kathrine D. Jack on behalf of Plaintiffs ALL-OPTIONS, JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Jack, Kathrine) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
3

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
4

Corporate Disclosure Statement by ALL-OPTIONS, INC.. (Jack, Kathrine) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
5

Corporate Disclosure Statement by WHOLE WOMAN'S HEALTH ALLIANCE. (Jack, Kathrine) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
11

MOTION for Attorney(s) Paul M. Eckles to Appear pro hac vice (Filing fee $100.00, receipt number IP061050), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Cover Letter, # 3 Envelope). (MAC) (Entered: 07/02/2018)

June 27, 2018

June 27, 2018

PACER
12

MOTION for Attorney(s) Erin A. Simmons to Appear pro hac vice (Filing fee $100.00, receipt number IP061050), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Cover Letter, # 3 Envelope). (MAC) (Entered: 07/02/2018)

June 27, 2018

June 27, 2018

PACER
13

MOTION for Attorney(s) Bradley E. Honigman to Appear pro hac vice (Filing fee $100.00, receipt number IP061050), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Cover Letter, # 3 Envelope). (MAC) (Entered: 07/02/2018)

June 27, 2018

June 27, 2018

PACER
14

MOTION for Attorney(s) Michael M. Powell to Appear pro hac vice (Filing fee $100.00, receipt number IP061050), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Cover Letter, # 3 Envelope). (MAC) (Entered: 07/02/2018)

June 27, 2018

June 27, 2018

PACER
6

Summons Issued as to KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (REO) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
7

NOTICE of Appearance by Dipti Singh on behalf of Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Singh, Dipti) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
8

MOTION for Attorney(s) Juanluis Rodriguez to Appear pro hac vice (Filing fee $100.00, receipt number IP061054), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope). (MAC) (Entered: 07/02/2018)

June 29, 2018

June 29, 2018

PACER
9

MOTION for Attorney(s) Amanda Lauren Allen to Appear pro hac vice (Filing fee $100.00., receipt number IP061055), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope). (MAC) (Entered: 07/02/2018)

June 29, 2018

June 29, 2018

PACER
10

MOTION for Attorney(s) David Patrick Brown to Appear pro hac vice (Filing fee $100.00., receipt number IP061056), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Envelope). (MAC) (Entered: 07/02/2018)

June 29, 2018

June 29, 2018

PACER
15

ORDER granting 8 Motion to Appear pro hac vice. Attorney Juanluis Rodriguez for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Juanluis Rodriguez is ordered to register within ten (10) days of the entry of this order. Copy to Juanluis Rodriguez via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
16

ORDER granting 9 Motion to Appear pro hac vice. Attorney Amanda Lauren Allen for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Amanda Lauren Allen is ordered to register within ten (10) days of the entry of this order. Copy to Amanda Lauren Allen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
17

ORDER granting 10 Motion to Appear pro hac vice. Attorney David Patrick Brown for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, David Patrick Brown is ordered to register within ten (10) days of the entry of this order. Copy to David Patrick Brown via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
18

ORDER granting 11 Motion to Appear pro hac vice. Attorney Paul M. Eckles for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Paul M. Eckles is ordered to register within ten (10) days of the entry of this order. Copy to Paul M. Eckles via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
19

ORDER granting 12 Motion to Appear pro hac vice. Attorney Erin A. Simmons for ALL-OPTIONS, INC., JEFFREY GLAZER and for WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Erin A. Simmons is ordered to register within ten (10) days of the entry of this order. Copy to Erin A. Simmons via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
20

ORDER granting 13 Motion to Appear pro hac vice. Attorney Bradley H. Honigman for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Bradley H. Honigman is ordered to register within ten (10) days of the entry of this order. Copy to Bradley H. Honigman via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
21

ORDER granting 14 Motion to Appear pro hac vice. Attorney Michael M. Powell for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Michael M. Powell is ordered to register within ten (10) days of the entry of this order. Copy to Michael M. Powell via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2018. (SWM) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
22

AFFIDAVIT of Service for Summons in a Civil Action and Complaint served on Attorney General of the State of Indiana by Serving Bob Berry as Authorized Agent on June 29, 2018, filed by All Plaintiffs. (Singh, Dipti) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
23

AFFIDAVIT of Service for Summons in a Civil Action and Complaint served on Commissioner of the Indiana State Department of Health by Serving Rosa Lee Connely as Authorized Agent on June 29, 2018, filed by All Plaintiffs. (Singh, Dipti) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
24

AFFIDAVIT of Service for Summons in a Civil Action and Complaint served on President of the Medical Licensing Board of Indiana by Serving Bob Berry as Authorized Agent on June 29, 2018, filed by All Plaintiffs. (Singh, Dipti) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
25

AFFIDAVIT of Service for Summons in a Civil Action and Complaint served on St. Joseph County Prosecutor by serving Barb Zimmerman as Authorized Agent on July 2, 2018, filed by All Plaintiffs. (Singh, Dipti) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
26

NOTICE of Appearance by Stephanie Toti on behalf of Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Toti, Stephanie) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
27

NOTICE of Appearance by Kelly Suzanne Thompson on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Thompson, Kelly) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
28

NOTICE of Appearance by Jennifer Elizabeth Lemmon on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Lemmon, Jennifer) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
29

NOTICE of Parties' First Extension of Time, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Lemmon, Jennifer) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
30

NOTICE of Appearance by Julia Catherine Payne on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Payne, Julia) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
31

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Fisher, Thomas) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
32

SCHEDULING ORDER: Initial Pretrial Conference set for 8/24/2018 04:30 PM (Eastern Time) in Telephonic 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. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 7/23/2018.(SWM) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
33

MOTION for Extension of Time to August 31, 2018 to Respond to Complaint 1, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) Modified on 8/3/2018 (CKM). (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
34

ORDER granting in part and denying in part Defendants' 33 Motion for Extension of Time to File response to complaint. Defendants' response to Plaintiff's Complaint shall be filed on or before August 22, 2018. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2018. (SWM) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
35

JOINT PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE . (Singh, Dipti) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

Clearinghouse
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Thompson, Kelly) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
38

BRIEF/MEMORANDUM in Support re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

Clearinghouse
39

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 8/24/2018.(SWM) (Entered: 08/27/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
40

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 8/24/2018. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 11/5/2018 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/28/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
41

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 11/8/2019. Discovery due by 10/4/2019. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 8/24/2018. (GD) (Entered: 08/28/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
42

SCHEDULING ORDER - Bench Trial set for 8/17/2020 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Final Pretrial Conference set for 8/4/2020 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 8/30/2018. (CKM) (Entered: 08/31/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
43

RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Ex. 1, Notice of License Application Denial, # 2 Ex. 2, Whole Womans Health Alliances Petition for Review of License Application Denial, # 3 Ex. 3, Whole Womans Health Alliance v. Ind. State Dept of Health, Cause No. ACL-000132-18 (Ind. State Dept of Health filed Jan. 22, 2018), Respondents ROG Response, # 4 Ex. 4, Declaration of Jeffrey Glazer, M.D.)(Singh, Dipti) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
44

MOTION for Extension of Time to File Reply to September 24, 2018 re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
45

ORDER granting 44 Motion for Extension of Time to File Reply to 9/24/2018 re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2018. (CBU) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
46

REPLY in Support of Motion re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit Notice of Filing Recommended Order)(Thompson, Kelly) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
47

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Dipti Singh hereby notifies the Clerk of the court of changed contact information. (Singh, Dipti) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
48

MOTION to Certify Class of all State of Indiana prosecuting attorneys with authority to prosecute misdemeanor and felony offenses, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Exhibit 1, Proposed Order)(Singh, Dipti) Modified on 9/28/2018 (CKM). (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
49

BRIEF/MEMORANDUM in Support re 48 MOTION to Certify Class of all State of Indiana prosecuting attorneys with authority to prosecute misdemeanor and felony offenses, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Singh, Dipti) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
50

Witness List (Preliminary), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Singh, Dipti) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
51

Exhibit List (Preliminary), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Singh, Dipti) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
52

MOTION to Withdraw Attorney Appearance of Jennifer E. Lemmon, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
53

Joint MOTION for Protective Order, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Ex. 1, Uniform Stipulated Protected Order)(Singh, Dipti) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
55

ORDER granting 52 Motion to Withdraw Attorney Appearance. Attorney Jennifer Elizabeth Lemmon withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 10/3/2018. (SWM) (Entered: 10/04/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
54

Witness List Preliminary, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL, Exhibit List Preliminary, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Thompson, Kelly) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
56

SCHEDULING ORDER: This cause comes before the Court on the parties' Joint Motion for Uniform Stipulated Protective Order. [Dkt. 53 .] This matter is set for a telephonic hearing on the above-noted motion on Friday, October 19, 2018 at 11:00 a.m. (Eastern). Counsel shall attend the hearing 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 10/15/2018.(SWM) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
58

RESPONSE in Opposition re 48 MOTION to Certify Class of all State of Indiana prosecuting attorneys with authority to prosecute misdemeanor and felony offenses, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Thompson, Kelly) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
59

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 10/19/2018 re 53 Joint Motion for Uniform Stipulated Protective Order. For reasons set forth on record of hearing, Court will issue parties' proposed protective order, by separate order, without "Attorney's Eyes Only" provision proposed. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
60

UNIFORM STIPULATED PROTECTIVE ORDER 53 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2018.(SWM) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
61

NOTICE of Appearance by Rupali Sharma on behalf of Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Sharma, Rupali) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
62

REPLY in Support of Motion re 48 MOTION to Certify Class of all State of Indiana prosecuting attorneys with authority to prosecute misdemeanor and felony offenses, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Sharma, Rupali) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
64

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/5/2018, Parties reported no discovery has been served but that all parties plan to serve written discovery in the next 28 days. Telephonic Status Conference set for 12/10/2018 at 10:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 11/06/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
66

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/10/2018. Parties discussed status of discovery. Telephonic Status Conference set for 1/29/2019 at 2:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
67

NOTICE TO THE COURT, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL, re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice, 38 Brief/Memorandum in Support. (Attachments: # 1 Exhibit A - Order of the Appeals Panel) (Thompson, Kelly) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
68

RESPONSE, re 67 Notice (Other), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Sharma, Rupali) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
70

NOTICE of Appearance by Diana Lynn Moers Davis on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Moers Davis, Diana) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
71

NOTICE of Appearance by Christopher Michael Anderson on behalf of Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Anderson, Christopher) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
72

MOTION to Withdraw Attorney Appearance of Kelly S. Thompson, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Thompson, Kelly) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
73

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/29/2019. Parties discussed status of discovery. Telephonic Status Conference set for 4/8/2019 at 10:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
74

ORDER granting 72 Motion to Withdraw Attorney Appearance. Attorney Kelly Suzanne Thompson withdrawn and terminated. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019. (CBU) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
75

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Dipti Singh hereby notifies the Clerk of the court of changed contact information. (Singh, Dipti) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
76

MOTION for Preliminary Injunction, filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Exhibit 1, Cowett Decl., # 2 Exhibit 2, Doe Decl., # 3 Exhibit 3, Hagstrom Miller Decl., # 4 Exhibit 4, Glazer Decl., # 5 Exhibit 5, Guerrero Decl., # 6 Exhibit 6, Lidinsky Decl., # 7 Exhibit 7, Stecker Decl., # 8 Exhibit 8, Whipple Decl., # 9 Exhibit 9, Defs. ROGs, # 10 Exhibit 10, Admin. Record I, # 11 Exhibit 11, Admin. Record II, # 12 Exhibit 12, Proposed Order)(Sharma, Rupali) Modified on 3/28/2019 (CKM). (Entered: 03/27/2019)

1 Exhibit Exhibit 1, Cowett Decl.

View on PACER

2 Exhibit Exhibit 2, Doe Decl.

View on PACER

3 Exhibit Exhibit 3, Hagstrom Miller Decl.

View on RECAP

4 Exhibit Exhibit 4, Glazer Decl.

View on RECAP

5 Exhibit Exhibit 5, Guerrero Decl.

View on PACER

6 Exhibit Exhibit 6, Lidinsky Decl.

View on PACER

7 Exhibit Exhibit 7, Stecker Decl.

View on RECAP

8 Exhibit Exhibit 8, Whipple Decl.

View on PACER

9 Exhibit Exhibit 9, Defs. ROGs

View on PACER

10 Exhibit Exhibit 10, Admin. Record I

View on RECAP

11 Exhibit Exhibit 11, Admin. Record II

View on PACER

12 Exhibit Exhibit 12, Proposed Order

View on PACER

March 27, 2019

March 27, 2019

PACER
77

BRIEF/MEMORANDUM in Support re 76 MOTION for Preliminary Injunction, filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Sharma, Rupali) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
78

MOTION for Leave to File Excess Pages, filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
79

SEALED Notice of the True Identities of Nonparties Identified by Pseudonyms, filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Sharma, Rupali) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
80

MOTION to Maintain Document Under Seal 79 SEALED Document (Case Participants - doc), filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
81

ORDER - denying 37 Motion to Dismiss for Failure to State a Claim. Signed by Judge Sarah Evans Barker on 3/28/2019. *** SEE ORDER *** (CKM) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

Clearinghouse
82

ORDER - ON MOTION FOR PRELIMINARY INJUNCTION (DKT. 76) SETTING HEARING; Plaintiffs' motion for a TRO, Dkt. 76, is DENIED. Defendants' response in opposition to the motion is due no later than Wednesday, April 10, 2019. Plaintiffs' reply is due Wednesday, April 17, 2019. Plaintiffs' motion for a preliminary injunction, Dkt. 76, is hereby set for a hearing on April 22, 2019 at 2:00 p.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. Signed by Judge Sarah Evans Barker on 4/2/2019. *** SEE ORDER *** (CKM) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
84

ORDER - GRANTING PLAINTIFF WHOLE WOMAN'S HEALTH ALLIANCE'S MOTION FOR LEAVE TO NAME CERTAIN NONPARTIES BY PSEUDONYMS AND SEAL IDENTIFYING INFORMATION. (See Order for details.) Signed by Judge Sarah Evans Barker on 4/5/2019. (NAD) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
85

Joint MOTION to Modify Case Management Plan, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Exhibit Proposed Order)(Singh, Dipti) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
87

MOTION for Attorney(s) Mollie M. Kornreich to Appear pro hac vice (Filing fee $$100.00, receipt number IP064610), filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Text of Proposed Order, # 2 Cover Letter, # 3 Envelope)(CKM) (Entered: 04/08/2019)

April 5, 2019

April 5, 2019

PACER
86

Joint MOTION to Modify PI Briefing Schedule, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 04/06/2019)

April 6, 2019

April 6, 2019

PACER
88

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/8/2019. Parties discussed status of discovery. Parties' 86 joint motion to modify the preliminary injunction briefing schedule is hereby GRANTED IN PART & DENIED IN PART. Defendants' Response to 76 Plaintiffs' motion for preliminary injunction due by 10:00 AM (Eastern) on 4/15/2019. Plaintiffs' Reply in support of 76 Plaintiffs' motion for preliminary injunction due by 4/18/2019. Court GRANTED 78 Plaintiffs' motion for leave to file 41-page brief in support of 76 Plaintiffs' motion for preliminary injunction. Court sua sponte grants Defendants leave to file brief in response to 76 Plaintiffs' motion for preliminary injunction not too exceed 41 pages. Parties' 85 joint motion to modify Case Management Plan is hereby GRANTED IN PART & DENIED IN PART. Paragraph III(F) of approved Case Management Plan [ 41 at 4-5] is hereby amended. Telephonic Status Conference set for 5/13/2019 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/09/2019)

April 8, 2019

April 8, 2019

PACER
89

Unopposed MOTION for Extension of Time to May 6, 2019 to file Answer to Complaint, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order )(Moers Davis, Diana) Modified on 4/10/2019 (CKM). (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
90

ORDER granting 87 Motion to Appear pro hac vice. Attorney Mollie M. Kornreich for ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE added. If not already registered with the Court's Electronic Filing System, Mollie M. Kornreich is ordered to register within ten (10) days of the entry of this order. Copy to Mollie M. Kornreich via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 4/10/2019. (SWM) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
91

ORDER denying Defendants' 89 Motion for Extension of Time to File response to complaint. Defendants' motion fails to comply with Local Rule 6-1(a)(5). Accordingly, the Court hereby DENIES the motion. However, the Court, sua sponte, hereby enlarges the deadline for Defendants to file an answer to Plaintiffs' complaint, which shall be filed on or before May 1, 2019. No further enlargement of this deadline will be be granted. Signed by Magistrate Judge Mark J. Dinsmore on 4/10/2019. (SWM) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
92

RESPONSE in Opposition re 76 MOTION for Preliminary Injunction, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit 1-Miller Deposition, # 2 Exhibit 2-Foster Declaration)(Fisher, Thomas) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
93

Submission Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # *** SEALED PER ORDER DATED 8/20/2019 *** (1) Exhibit 4-ISDH Letter-Sharma, # 2 Exhibit 5-Glazer Deposition, # 3 Exhibit 6-Obstetrics and Gynecology Article)(Fisher, Thomas) Modified on 4/15/2019 (CKM). Modified on 8/21/2019 (SWM). (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
94

Submission Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Fisher, Thomas) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
95

Submission Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit 9-Miech MI and Septic Shock, # 2 Exhibit 10-Miech-MI and Hemorrhage)(Fisher, Thomas) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
96

Submission Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit 12-Wolbert Declaration, # 2 Exhibit 13-Morris Declaration)(Fisher, Thomas) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
97

Submission Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit 15-Rinehart Declaration, # 2 Exhibit 16-Mifeprex Information, # 3 Exhibit 17-Patient Handoff ACOG, # 4 Exhibit 18-Guerrero Deposition)(Fisher, Thomas) (Attachment 4 replaced on 5/25/2021) (JD). (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
98

(EXPARTE RESTRICTION REMOVED PER ORDER DATED 6/10/2019) *** EX-PARTE MOTION for Leave to File Ex Parte Restriction Documents re 93 Submission, 96 Submission, 95 Submission, 92 Response in Opposition to Motion, 94 Submission, 97 Submission, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) Modified on 6/13/2019 (SWM). (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
99

SEALED Exhibits to Memo in Opposition, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Exhibit P)(Fisher, Thomas) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
100

MOTION to Seal Document 93 Submission, filed by Defendants KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Attachments: # 1 Text of Proposed Order)(Moers Davis, Diana) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
101

REDACTION to 93 Submission of Exhibits to Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction by KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR, JOHN STROBEL. (Moers Davis, Diana) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
102

RESPONSE to Motion re 100 MOTION to Seal Document 93 Submission, filed by Plaintiffs ALL-OPTIONS, INC., JEFFREY GLAZER, WHOLE WOMAN'S HEALTH ALLIANCE. (Singh, Dipti) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
103

Submission of Signature Requirement re 102 Response to Motion (Unopposed) by All Plaintiffs. (Sharma, Rupali) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
104

REPLY in Support of Motion re 76 MOTION for Preliminary Injunction, filed by Plaintiff WHOLE WOMAN'S HEALTH ALLIANCE. (Attachments: # 1 Exhibit 1, Mullins Decl., # 2 Exhibit 2, Supplemental Cowett Decl., # 3 Exhibit 3, Supplemental Glazer Decl., # 4 Exhibit 4, Administrative Record Excerpts III)(Sharma, Rupali) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
105

Mail Returned as undeliverable. 90 Order on Motion to Appear pro hac vice sent to WHOLE WOMAN'S HEALTH ALLIANCE. (Return to Sender Insufficient Address) (CKM) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
106

Minute Entry for Plaintiff's Motion for Preliminary Injunction 76 held before Judge Sarah Evans Barker on 4/22/2019 re 76 Parties appeared by counsel. Plaintiff's counsel presented its oral arguments. Defendant's counsel presented its oral arguments. The Court takes the matter under advisement. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: June 21, 2018

Closing Date: Oct. 21, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of abortion providers and nonprofit organizations

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Indiana, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

State Statute Struck Down

Order Duration: 2019 - 2022

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Admitting privileges

Facility requirements

Licensing restriction

Mandatory delay

Medication abortion

Method-based abortion procedures

Parental notification

Patient disclosure requirement

Physician-only abortion laws

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

Telemedicine

Undue Burden