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Case: Planned Parenthood of Indiana and Kentucky v. Commissioner, Indiana State Department of Health

1:16-cv-00763 | U.S. District Court for the Southern District of Indiana

Filed Date: April 7, 2016

Closed Date: July 18, 2022

Clearinghouse coding complete

Case Summary

This case challenged new abortion restrictions in Indiana. On April 7, 2016, Planned Parenthood of Indiana and Kentucky (PPINK) and two medical professionals filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued the Commissioner of the Indiana State Department of Health, the prosecutors of Marion, Lake, Monroe, and Tippecanoe Counties, and the individual members of the Medical Licensing Board of Indiana, all in their official capacities. Represe…

This case challenged new abortion restrictions in Indiana. On April 7, 2016, Planned Parenthood of Indiana and Kentucky (PPINK) and two medical professionals filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued the Commissioner of the Indiana State Department of Health, the prosecutors of Marion, Lake, Monroe, and Tippecanoe Counties, and the individual members of the Medical Licensing Board of Indiana, all in their official capacities. Represented by the ACLU of Indiana, the plaintiffs sought injunctive and declaratory relief. Indiana’s new abortion law prohibited abortion providers from performing abortions that were sought for certain enumerated reasons—such as the sex, race, or health of the fetus. The law further required providers to inform women seeking abortions of this prohibition and restricted the methods clinics could use to dispose of fetal tissue. The plaintiffs claimed that the first two restrictions created an undue burden on the constitutional right to obtain pre-viability abortions and that the last restriction bore no rational relationship to a legitimate government interest. On October 12, 2016 and January 31, 2017, PPINK submitted amended complaints that changed the specific individual plaintiffs, though they were also medical professionals. 

On April 11, 2016, plaintiffs filed a motion for a preliminary injunction. On June 30, 2016, after briefing by both sides and a hearing, the court granted the preliminary injunction, finding that the plaintiffs were likely to succeed on the merits because Indiana’s prohibition on certain pre-viability abortions constituted undue government interference. Further, the court held that the required disclosures were therefore almost certainly false and that the State’s asserted interest in the fetal disposition provisions—treating fetal remains with the dignity of human remains—was not legitimate because the law did not recognize a fetus as a person. The court also found that plaintiffs faced more serious harm from a failure to enjoin the provisions in question than the State faced from an injunction. 194 F.Supp.3d 818.

In October 2016, the parties filed cross-motions for summary judgment. After briefing by both parties, the court granted the plaintiffs’ motion for summary judgment on September 22, 2017. The court stated that its view of the issues remained unchanged in the months since it preliminarily enjoined enforcement. 265 F.Supp.3d 859. On October 11, 2017, the court amended the judgment to specify that it applied only to pre-viability fetal tissue disposition provisions, not all fetal tissue disposition provisions in Indiana law. Judgment was reentered for the plaintiffs. 

On October 19, 2017, the defendants appealed to the Seventh Circuit. On April 19, 2018, the three-person panel affirmed the district court, holding that the State’s prohibition on certain pre-viability abortions violated clear Supreme Court precedent and that the State’s asserted interest in the dignified disposal of fetuses was not a legitimate interest (and that the provisions in question were not rationally related to that interest). 888 F.3d 300. Defendants then sought en banc rehearing on the disposition issue. At first, a bare majority of judges voted to grant rehearing and, accordingly, the Seventh Circuit vacated the relevant portion of the panel’s opinion en banc. 727 Fed.Appx. 208. On June 25, 2018, however, one of the judges in the majority learned of information that led to his recusal. Because there was no longer a majority in favor of rehearing en banc, the three-judge panel's April 19 opinion was reinstated in full. 917 F.3d 532.

On October 17, 2018, the defendants filed a petition for a writ of certiorari. They asked the Supreme Court to review the Seventh Circuit’s invalidation of (1) the fetal disposition provisions and (2) the provisions prohibiting certain pre-viability abortions. On May 28, 2019, the Supreme Court denied the petition with respect to the second issue but granted certiorari on the first issue and summarily reversed the Seventh Circuit’s judgment. The Court stated it had already held that the proper disposal of fetal remains was a legitimate governmental interest in its earlier decision Akron v. Akron Center for Reproductive Health. The Court further held that the Indiana fetal disposition law, even if not perfectly tailored, was at least rationally related to the State’s legitimate interest. 139 S.Ct. 1780.

Back in the district court, the parties submitted a joint motion to partially vacate the judgment and injunction regarding the fetal disposition provisions in accordance with the Supreme Court's opinion. On September 3, 2019, the court granted the motion. The court then amended the judgment.

On November 27, 2019, the plaintiffs moved for attorneys’ fees and costs. After briefing by both sides, the court granted the motion on February 25, 2020. The plaintiffs were awarded $182,499.73.

On June 27, 2022, the defendants requested that the judgment be vacated in light of the United States Supreme Court's opinion in Jackson Women's Health Org. v. Dobbs. Plaintiffs agreed that Dobbs was a significant change in the law which justified vacating the judgment. Therefore, on July 18, 2022, the Court vacated the declaratory judgment and injunction.

Summary Authors

Evan Gamza (2/22/2022)

Documents in the Clearinghouse

Document
1

1:16-cv-00763

Complaint

April 7, 2016

April 7, 2016

Complaint
50

1:16-cv-00763

Order on IU Plaintiffs’ Motion to Intervene

May 24, 2016

May 24, 2016

Order/Opinion
61

1:16-cv-00763

Entry Granting Plaintiffs' Motion for Preliminary Injunction

Planned Parenthood of Indiana and Kentucky, INC. v. Indiana State Department of Health

June 30, 2016

June 30, 2016

Order/Opinion
83

1:16-cv-00763

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

Planned Parenthood of Indiana and Kentucky, INC. v. Indiana State Department of Health

Jan. 31, 2017

Jan. 31, 2017

Complaint
91

1:16-cv-00763

Order on Cross-Motion for Summary Judgment

Planned Parenthood of Indiana and Kentucky, INC. v. Commissioner of the Indiana State Department of Health

Sept. 22, 2017

Sept. 22, 2017

Order/Opinion
00713244970

1:16-cv-00763

17-3163

[Opinion]

Planned Parenthood of Indiana and Kentucky, INC. v. Commissioner of the Indiana State Department of Health

U. S. Court of Appeals for the Seventh Circuit

July 3, 2018

July 3, 2018

Order/Opinion
144

1:16-cv-00763

Order Granting Plaintiffs' Motion for Attorneys' Fees and Costs

Planned Parenthood of Indiana and Kentucky, INC. v. Commissioner of the Indiana State Department of Health

Feb. 25, 2020

Feb. 25, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4509542/planned-parenthood-of-indiana-and-kentucky-inc-v-commissioner-indiana/

Last updated Nov. 21, 2022, 1:19 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief/Notice to Challenge to Constitutionality of Indiana Statute against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3843229) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 04/07/2016)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

April 7, 2016

April 7, 2016

Clearinghouse
2

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Falk, Kenneth) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
3

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Rose, Gavin) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
4

NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiffs DR. MARSHALL LEVINE, M.D, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM, N.P.. (Mensz, Jan) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
5

Summons Issued as to COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (DJH) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
7

MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
8

ORDER - This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction (Dkt. 7). Parties are to meet with Magistrate Judge Debra McVicker Lynch to discuss an expedited discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 4/12/2016. (JLS) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
9

SCHEDULING ORDER: Status Conference set for 4/21/2016 09:30 AM (Eastern) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Counsel should be prepared to discuss an expedited discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for the plaintiffs shall serve a copy of this order on the defendants. Signed by Magistrate Judge Debra McVicker Lynch on 4/14/2016.(SWM) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
10

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
11

NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (McVeigh, Heather) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
12

NOTICE of Appearance by Lara K. Langeneckert on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Langeneckert, Lara) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
13

**WITHDRAWN** NOTICE of Appearance by Jonathan R. Sichtermann on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Sichtermann, Jonathan) Modified on 6/2/2016 (JLS). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
14

NOTICE of Appearance by Kenneth Biggins, Jr on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Biggins, Kenneth) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
15

RETURN of Service by CMRRR, filed by All Plaintiffs. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
16

RETURN of Service by CMRRR, filed by All Plaintiffs. MONROE COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
17

RETURN of Service by CMRRR, filed by All Plaintiffs. TIPPECANOE COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
18

RETURN of Service by CMRRR, filed by All Plaintiffs. MARION COUNTY PROSECUTOR served on 4/11/2016. (Falk, Kenneth) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
19

RETURN of Service by CMRRR, filed by All Plaintiffs. INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA served on 4/12/2016. (Falk, Kenneth) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
20

MOTION for Attorney(s) Jennifer Dalven to Appear pro hac vice (Filing fee $100, receipt number 0756-3858203), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Exhibit Certification of Jennifer Dalven, # 2 Text of Proposed Order)(Mensz, Jan) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
21

ORDER granting 20 Motion to Appear pro hac vice. Attorney Jennifer Dalven for MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. and SHAUNA SIDHOM added. The court FURTHER ORDERS that Jennifer Dalven register as a user of the court's electronic case filing system by May 4, 2016. Failure to register could result in the revocation of her admission pro hac vice. Copy to Jennifer Dalven via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 4/20/2016. (SWM) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
22

MOTION to Drop Shauna Sidhom as One of the Plaintiffs in this Cause, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
23

ORDER - Plaintiffs have filed their Motion to Drop Shauna Sidhom as One of the Plaintiffs in this Cause. The Court has reviewed the motion and, being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that Shauna Sidhom is dropped and dismissed a s one of the plaintiffs in this action and that in all other aspects of the complaint in this cause are left undisturbed. Copy to Lake County Prosecutor via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/21/2016. (JLS) (Entered: 04/22/2016)

April 21, 2016

April 21, 2016

PACER
32

SCHEDULING ORDER - Plaintiffs' Motion for Preliminary Injunction (Filing No. 7) is scheduled for hearing on June 14, 2016 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 04/25/2016.(JLS) (Entered: 05/03/2016)

April 25, 2016

April 25, 2016

PACER
24

ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 4/21/2016. The following schedule governs discovery and briefing in connection with the plaintiffs' motion for preliminary injunction: The plaintiffs will file their brief in support of the motion for preliminary injunction by April 29, 2016. Defendants will file their brief in response to the motion by June 1, 2016. Plaintiffs will file their reply in support of the motion by June 8, 2016. The parties will serve any written discovery requests by May 4, 2016. The defendants will serve disclosures of any experts they intend to use for preliminary injunction purposes by May 13, 2016. The parties will complete discovery (except for expert discovery) by May 20, 2016. Telephone Status Conference set for 5/17/2016 at 10:30 AM before Magistrate Judge Debra McVicker Lynch. The preliminary injunction hearing will be set by separate order. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
25

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendant LAKE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
26

NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendant LAKE COUNTY PROSECUTOR. (McVeigh, Heather) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
27

NOTICE of Appearance by Lara K. Langeneckert on behalf of Defendant LAKE COUNTY PROSECUTOR. (Langeneckert, Lara) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
28

NOTICE of Appearance by Kenneth Biggins, Jr on behalf of Defendant LAKE COUNTY PROSECUTOR. (Biggins, Kenneth) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
29

NOTICE of Appearance by Jonathan R. Sichtermann on behalf of Defendant LAKE COUNTY PROSECUTOR. (Sichtermann, Jonathan) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
30

BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Declaration of Betty Cockrum, # 2 Exhibit Declaration of Marshall Levine, # 3 Exhibit Declaration of Dr. John Stutsman)(Falk, Kenneth) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
31

NOTICE OF AUTOMATIC INITIAL EXTENSION OF TIME TO RESPOND TO COMPLAINT, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR, re 1 Complaint. (Fisher, Thomas) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
33

MOTION for Attorney(s) Helene T. Krasnoff to Appear pro hac vice (Filing fee $100, receipt number 0756-3875497), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit A - Proposed Order)(Krasnoff, Helene) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
34

ORDER granting Helene T. Krasnoff's 33 Motion to Appear pro hac vice on behalf of the PLAINTIFFS. Signed by Magistrate Judge Debra McVicker Lynch on 5/4/2016. (SWM) (Entered: 05/05/2016)

May 4, 2016

May 4, 2016

PACER
35

MOTION for Protective Order (STIPULATED), filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
36

NOTICE of Appearance by Anthony Scott Chinn on behalf of Intervenor Plaintiffs TRUSTEES OF INDIANA UNIVERSITY, Bruce Lamb, Debomoy Lahiri. (Chinn, Anthony) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
37

MOTION to Intervene, filed by Intervenor Plaintiffs Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Exhibit Complaint, # 2 Text of Proposed Order)(Chinn, Anthony) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
38

NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY, Plaintiffs Bruce Lamb, Debomoy Lahiri. (Ricchiuto, Anne) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
39

NOTICE of Appearance by Juliana Yanez on behalf of Intervenor Plaintiffs Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Yanez, Juliana) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
40

NOTICE of Appearance by Anthony Scott Chinn on behalf of Intervenor Plaintiff Fred H. Cate. (Chinn, Anthony) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
41

Amended MOTION to Intervene, filed by Intervenor Plaintiffs Fred H. Cate, Debomoy Lahiri, Bruce Lamb, TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Chinn, Anthony) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
42

NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Intervenor Plaintiff Fred H. Cate. (Ricchiuto, Anne) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
43

NOTICE of Appearance by Juliana Yanez on behalf of Intervenor Plaintiff Fred H. Cate. (Yanez, Juliana) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
44

UNIFORM STIPULATED PROTECTIVE ORDER 35 APPROVED. Signed by Magistrate Judge Debra McVicker Lynch on 5/18/2016.(SWM) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
45

ENTRY and ORDER from Status Conference held before Magistrate Judge Debra McVicker Lynch on 5/17/2016. Any opposition to the motion to intervene must be filed by May 20, 2016; any reply in support must be filed by close of business May 23, 2016. The proposed intervenors may tender by filing their motion for preliminary injunction and brief in support; no response or other action with regard to that motion is required pending ruling on the motion to intervene. The parties must file their witness and exhibit lists for the June 14, 2016 hearing by June 10, 2016. The defendants have not made full expert disclosures as previously ordered and must do so no later than May 20, 2016. This is not an extension of time, however, and does not preclude the plaintiff seeking appropriate relief in connection with complete disclosures not having been made by May 13, 2016. Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
46

MOTION for Preliminary Injunction, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Ricchiuto, Anne) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
47

BRIEF/MEMORANDUM in Support re 46 MOTION for Preliminary Injunction, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Attachments: # 1 Affidavit Ex. 1 - Affidavit of Dr. Bruce Lamb, # 2 Exhibit Lamb Ex. A - Lamb Curriculum Vitae, # 3 Affidavit Ex. 2 - Affidavit of Dr. Debomoy Lahiri, # 4 Exhibit Lahiri Ex. A - Lahiri Biographical Sketch, # 5 Exhibit Lahiri Ex. B - Lahiri Grant Award, # 6 Exhibit Lahiri Ex. C - Article: "Human primary mixed brain cultures", # 7 Exhibit Lahiri Ex. D - Article: "Molecular Bases of Disease", # 8 Exhibit Lahiri Ex. E - Article: "MicroRNA-153", # 9 Affidavit Ex. 3 - Affidavit of Dr. Fred H. Cate, # 10 Exhibit Cate Ex. A - Cate Curriculum Vitae, # 11 Exhibit Cate Ex. B - Principles and Guidelines for NIH Grants, # 12 Exhibit Cate Ex. C - NIH Grants Policy Statements)(Ricchiuto, Anne) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
48

RESPONSE in Opposition re 41 Amended MOTION to Intervene, filed by Defendant MARION COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
49

REPLY in Support of Motion re 41 Amended MOTION to Intervene, filed by Interested Parties FRED CATE, BRUCE LAHIRI, BRUCE LAMB, Intervenor Plaintiff TRUSTEES OF INDIANA UNIVERSITY. (Ricchiuto, Anne) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
50

ORDER denying 41 Motion to Intervene by IU as of right or, alternatively, with permission, is DENIED. Signed by Magistrate Judge Debra McVicker Lynch on 5/24/2016. (CBU) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

Clearinghouse
51

ORDER - In lieu of the order denying the motion to intervene by IU Plaintiffs, the Motion for Preliminary Injunction (Dkt. 46) is DENIED as MOOT. This order does not foreclose the IU Plaintiffs from filing their motion for preliminary injunction in a separate case. Signed by Judge Tanya Walton Pratt on 5/25/2016. (JLS) (Entered: 05/26/2016)

May 25, 2016

May 25, 2016

PACER
52

ANSWER to 1 Complaint, filed by All Defendants.(Fisher, Thomas) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
53

MOTION to Withdraw Attorney Appearance of Jonathan Sichtermann, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
54

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit Declaration of Steven E. Calvin, M.D., # 2 Exhibit Deposition of John W. Stutsman, M.D., FACOG, # 3 Exhibit Declaration of Ashleigh Moon, # 4 Exhibit Declaration of Michele Mazelin, # 5 Exhibit Declaration of Robin Atkins, # 6 Exhibit Deposition of Betty L. Cockrum, # 7 Exhibit Deposition of Dr. Marshall D. Levine, # 8 Exhibit Response and Objections of Planned Parenthood of Indiana and Kentucky, Inc. to Defendants First Set of Interrogatories, # 9 Exhibit Agreed Order in Commr, Ind. Dept of Envtl. Mgmt. v. MedAssure of Ind. LLC, No. 2016-23569-S, # 10 Exhibit Letter from Matthew Foster to Kenneth J. Falk (June 1, 2016))(Fisher, Thomas) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
55

ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE - This matter is before the Court on Defendants' motion for leave to withdraw former Deputy Attorney General Jonathan Sichtermann's appearance in the instant matter. The Court now GRANTS the motion to withdraw. The Clerk is directed to show on the docket that the appearance of Jonathan Sichtermann is withdrawn as of the date of this order. Signed by Judge Tanya Walton Pratt on 6/2/2016. (JLS) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
56

Summons Issued as to MONROE COUNTY PROSECUTOR. (JLS) (Entered: 06/07/2016)

June 6, 2016

June 6, 2016

PACER
57

REPLY in Support of Motion re 7 MOTION for Preliminary Injunction, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Exhibit Excerpts of Deposition of Dr. John Stutsman with deposition exhibits 3 and 4, # 2 Exhibit Declaration of Suzannah Overholt)(Falk, Kenneth) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
58

Witness List, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Exhibit List, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Falk, Kenneth) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
59

Witness List and Exhibit List, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
60

MINUTE ENTRY for preliminary injunction hearing held before Judge Tanya Walton Pratt on 6/14/2016: Parties appeared by counsel. Argument presented. Plaintiffs' Motion for Preliminary Injunction was taken under advisement. An order will issue prior to July 1, 2016. Signed by Judge Tanya Walton Pratt. (Court Reporter Amy Doman.)(TRG) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
61

ENTRY GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - PPINK's Motion for Preliminary Injunction is GRANTED. (Filing No. 7 .) Pursuant to Federal Rule of Civil Procedure 65(d), the Court ISSUES A PRELIMINARY INJUNCTION. Signed by Judge Tanya Walton Pratt. (TRG) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

Clearinghouse
62

PRELIMINARY INJUNCTION PROHIBITING ENFORCEMENT OF SELECTED PROVISIONS OF INDIANA HOUSE ENROLLED ACT NO. 1337 - The State of Indiana, its agents and agencies, and all political subdivisions thereof are prohibited from enforcing the following provisions of Indiana House Enrolled Act No. 1337: the anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16-34-4-7, 16-34-4-8; the information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1)(K); and all the fetal tissue disposition provisions, Indiana Code §§ 16-34-3-4(a), Indiana Code 16-41-16-4(d). Plaintiffs are not required to post a bond. Signed by Judge Tanya Walton Pratt.(TRG) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
63

SCHEDULING ORDER: Status Conference set for 8/25/2016 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The parties are to contact the court at 317.229.3630 to participate in the conference. Where multiple counsel representing a party are participating in the conference, those counsel should call in to the court on a single line. Signed by Magistrate Judge Debra McVicker Lynch on 8/3/2016.(SWM) (Entered: 08/04/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
64

MOTION to Approve Proposed Discovery and Briefing Schedule in Lieu of Case Management Plan, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
65

ORDER granting Parties' 64 Joint Motion Approve Proposed Discovery and Briefing Schedule in Lieu of Case Management Plan. See Order for established deadline and briefing schedule. IT IS FURTHER ORDERED that in the event that this matter is not completely resolved through summary judgment the parties shall file their case management plan no later than 30 days after the summary judgment ruling. Signed by Magistrate Judge Debra McVicker Lynch on 8/10/2016.(SWM) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
66

ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch on 8/25/2016. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (KGK) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
67

MOTION for Leave to File Amended Complaint, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order)(Mensz, Jan) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
68

MOTION to Withdraw Attorney Appearance of Heather McVeigh, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(McVeigh, Heather) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
69

ORDER granting Plaintiffs' 67 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 10/12/2016. (SWM) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
70

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(SWM) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
71

ORDER granting 68 Motion to Withdraw Attorney Appearance. Attorney Heather Hagan McVeigh withdrawn. The appearances of Thomas M. Fisher and Lara Langeneckert for the above Defendants will remain in effect. Signed by Judge Tanya Walton Pratt on 10/13/2016. (JLS) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
72

NOTICE of Appearance by Cale Addison Bradford on behalf of Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Bradford, Cale) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
73

MOTION for Summary Judgment, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Exhibit (Supp. Decl. of Betty Cockrum))(Rose, Gavin) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
74

BRIEF/MEMORANDUM in Support re 73 MOTION for Summary Judgment, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Rose, Gavin) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
75

MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Exhibit Declaration of Glenn Tebbe, # 2 Exhibit Deposition Transcript of Suzannah W. Overholt, # 3 Envelope Certificate of Fetal Death)(Fisher, Thomas) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
76

BRIEF/MEMORANDUM in Support re 75 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
77

RESPONSE in Opposition re 75 MOTION for Summary Judgment and in Support of Plaintiffs' Motion for Summary Judgment 73, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Falk, Kenneth) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
78

REPLY in Support of Motion re 75 MOTION for Summary Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Fisher, Thomas) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
79

STIPULATION of Dismissal of Dr. Marshall Levine, M.D. as plaintiff, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
80

Unopposed MOTION to Amend/Correct - File Second Amended Complaint, filed by Plaintiffs MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
81

DISMISSAL - Order. Dr. Marshall Levine, M.D., is dismissed as a plaintiff in this case. (See Order.) Signed by Judge Tanya Walton Pratt on 1/30/2017.(JLS) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
82

ORDER granting Plaintiffs' 80 Motion for leave to file second amended complaint. Signed by Magistrate Judge Debra McVicker Lynch on 1/31/2017. (SWM) (Entered: 02/01/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
83

SECOND AMENDED COMPLAINT against All Defendants, filed by PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. and CAROL DELLINGER (SWM) (Entered: 02/01/2017)

Jan. 31, 2017

Jan. 31, 2017

Clearinghouse
84

STIPULATION Regarding Second Amended Complaint, filed by Plaintiffs CAROL DELLINGER, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Declaration- Carol Dellinger, M.D., # 2 Text of Proposed Order)(Falk, Kenneth) Modified on 2/2/2017 (TRG). (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
85

ORDER approving Parties' 84 Stipulation Regarding Second Amended Complaint. The Clerk is directed to docket the Declaration, at Dkt. 84-1. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 2/3/2017. (SWM) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
86

DECLARATION of Carol Dellinger, filed by CAROL DELLINGER and PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. (SWM) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
87

MOTION to Submit Supplemental Authority, filed by Plaintiffs CAROL DELLINGER, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
88

ORDER - Plaintiffs, having filed their 87 Motion to Submit Supplemental Authority, and the Court having read the motion and being duly advised finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that the supplemental authority cited by the plaintiffs is deemed submitted for this Court's consideration. Signed by Judge Tanya Walton Pratt on 3/13/2017. (JLS) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
89

MOTION to Withdraw Attorney Appearance of Cale Addison Bradford, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Bradford, Cale) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
90

ORDER granting 89 Motion to Withdraw Attorney Appearance. Attorney Cale Addison Bradford withdrawn. Signed by Judge Tanya Walton Pratt on 5/25/2017. (JLS) (Entered: 05/26/2017)

May 25, 2017

May 25, 2017

PACER
91

ORDER - 73 Motion for Summary Judgment is granted. 75 Motion for Summary Judgment is denied. The Court ISSUES A PERMANENT INJUNCTION prohibiting the State from enforcing the following provisions of HEA 1337: the anti- discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16- 34-4-7, 16-34-4-8, the information dissemination provision, Indiana Code § 16- 34-2-1.1(a)(1)(K), and the fetal tissue disposition provisions. See order for details. Signed by Judge Tanya Walton Pratt on 9/22/2017. (MEJ) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

Clearinghouse
92

CLOSED JUDGMENT Judgment is entered in favor of Plaintiffs Planned Parenthood of Indiana and Kentucky, Inc. and Carol Dellinger, M.D., against Defendants in their official capacities. It is DECLARED that the following provisions of House Enrolled Act 1337 violate the United States Constitution, and the State of Indiana, its agents and agencies, and all political subdivisions thereof are ENJOINED from enforcing them: The anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16- 34-4-6, 16-34-4-7, 16-34-4-8; The information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1) (K); and All of the fetal tissue disposition provisions, Indiana Code §§ 16- 34-3-4(a), Indiana Code 16-41-16-4(d). Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 9/22/2017. (MEJ) Modified on 9/22/2017 to clarify (MEJ). (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
93

Unopposed MOTION for Extension of Time to Petition for Attorneys' Fees and Costs, filed by Plaintiffs CAROL DELLINGER, MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
94

ORDER - 93 Motion for Extension of Time to Petition for Attorneys' Fees and Costs is granted. IT IS THEREFORE ORDERED that the time within which plaintiffs must file their petition for attorneys' fees and costs is extended to the later of: 60 days after the time for filing the notice of appeal expires, if there is no notice of appeal filed; 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit; or, 35 days after any proceedings in the United States Supreme Court are resolved. Signed by Judge Tanya Walton Pratt on 9/28/2017. (MEJ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
95

Joint MOTION To Alter Or Amend Judgment, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Final Judgment)(Fisher, Thomas) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
96

ORDER granting 95 Motion to Alter or Amend Judgment. the Court's Final Judgment Pursuant to Fed. R. Civ. Pro. 58, ECF No. 92, entered on September 22, 2017, is amended as follows: the bullet point that previously read: "All of the fetal tissue disposition provisions, Indiana Code §§ 16-34-3-4(a), Indiana Code 16-41-16-4(d)" is changed to read: "As applied to pre-viability abortions and miscarriages only, all of the fetal tissue disposition provisions, including Indiana Code §§ 16-21-11-6; 16-34-3-4 (a), 16- 41-16-1, 16-41-16-4(d), 16-41-16-5 and 16-41-16-7.6." The Court will issue a new Final Judgment reflecting this amendment. Signed by Judge Tanya Walton Pratt on 10/11/2017. (MEJ) (Entered: 10/12/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
97

JUDGMENT in favor of the Plaintiffs and against the Defendants. It is DECLARED that the following provisions of House Enrolled Act 1337violate the United States Constitution, and the State of Indiana, its agents andagencies, and all political subdivisions thereof are ENJOINED from enforcing them: The anti-discrimination provisions, Indiana Code §§ 16-34-4-4, 16-34-4-5, 16-34-4-6, 16-34-4-7, 16-34-4-8; The information dissemination provision, Indiana Code § 16-34-2-1.1(a)(1)(K); and As applied to pre-viability abortions and miscarriages only, all of the fetal tissue disposition provisions, including Indiana Code §§ 16-21-11-6; 16-34-3- 4(a), 16-41-16-1, 16-41-16-4(d), 16-41-16-5 and 16-41-16-7.6. Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 10/11/2017. (MEJ) (Entered: 10/12/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
98

Second MOTION for Extension of Time to Petition for Attorneys' Fees and Costs (Unopposed), filed by Plaintiffs CAROL DELLINGER, MARSHALL LEVINE, PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., SHAUNA SIDHOM. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
99

ORDER granting 98 Motion for Extension of Time to Petition for Attorneys' Fees and Costs. The time within which plaintiffs must file their petition for attorneys' fees and costs is extended to the later of: 60 days after the time for filing the notice of appeal expires, if there is no notice of appeal filed; 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit; or, 35 days after any proceedings in the United States Supreme Court are resolved. Signed by Judge Tanya Walton Pratt on 10/13/2017. (MEJ) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
100

NOTICE OF APPEAL as to 92 Closed Judgment, 97 Judgment, 91 Order on Motion for Summary Judgment, 96 Order on Motion, filed by Defendants COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH, INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LAKE COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, MONROE COUNTY PROSECUTOR, TIPPECANOE COUNTY PROSECUTOR. (No fee paid with this filing) (Fisher, Thomas) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: April 7, 2016

Closing Date: July 18, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Indiana and Kentucky (PPINK), a non-profit organization advocating for reproductive rights

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 182,499.73

Order Duration: 2016 - 2022

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Disposal procedures

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

General:

Abortion