Case: L.A. v. Braun

1:25-cv-00596 | U.S. District Court for the Southern District of Indiana

Filed Date: March 28, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action lawsuit challenging a state directive that prevented transgender Indiana residents from changing their birth certificate to reflect their gender. On March 4, 2025, the Governor of Indiana signed Executive Order 25-36, which purported to define "sex" and "gender" as immutable characteristics determined at conception. On March 28, 2025, a 15-year-old transgender girl and her legal guardian filed a lawsuit in the U.S. District Court for the Southern District of Indi…

This is a putative class action lawsuit challenging a state directive that prevented transgender Indiana residents from changing their birth certificate to reflect their gender. On March 4, 2025, the Governor of Indiana signed Executive Order 25-36, which purported to define "sex" and "gender" as immutable characteristics determined at conception. On March 28, 2025, a 15-year-old transgender girl and her legal guardian filed a lawsuit in the U.S. District Court for the Southern District of Indiana. The suit challenges the Executive Order insofar as the Indiana State Department of Health is relying on it to justify its refusal to process gender-marker changes that have already been approved by state courts. Represented by the ACLU of Indiana, the plaintiffs sued the Governor and the State Registrar & Division Director of Vital Records of the Indiana Department of Health. They brought the suit under 42 USC § 1983, alleged violations of the Fourteenth Amendment's Equal Protection Clause and Substantive Due Process Clause (based on the right to privacy). The plaintiffs sought declaratory and injunctive relief, as well as class certification. U.S. District Court Judge Matthew P. Brookman was assigned to the case. 

An Indiana state law permits the state Department of Health to make corrections to birth certifications upon receipt of “adequate documentary evidence.” The complaint alleged that court orders changing birth certificates are common for a variety of reasons, including for transgender people. The Governor’s Executive Order prohibits Indiana state agencies from maintaining policies that promote “modern gender ideology.” Due to the directive, the Indiana State Registrar refused to process gender-marker changes for persons whose gender does not match their sex as defined by the Executive Order, even if a state court has ordered the change. The complaint stated that an Indiana trial court had granted the plaintiff a gender marker change on her birth certificate on March 14, 2025, but the amendment will not be made due to the new policy.

The plaintiff also brought a class action claim, defining the putative class as “all present and future persons who are unable to obtain a change in the gender marker on their Indiana birth certificate because of Executive Order 25-36 and/or any subsequent similar Executive Orders.” 

The case is ongoing as of April 2025.

Summary Authors

Isabel Bysiewicz (4/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69807079/parties/a-v-braun/


Judge(s)

Brookman, Matthew (Indiana)

Attorney for Plaintiff

Bleisch, Joshua (Indiana)

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Barta, James A. (Indiana)

Doering, Katelyn E. (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00596

Complaint

March 28, 2025

March 28, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69807079/a-v-braun/

Last updated Sept. 25, 2025, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief - Class Action against All Defendants, filed by L. A.. (Filing fee $405, receipt number AINSDC-8606989) (Attachments: # 1 Exhibit Executive Order, # 2 Exhibit Notice from Registrar, # 3 Proposed Summons, # 4 Civil Cover Sheet)(Falk, Kenneth) (Entered: 03/28/2025)

1 Exhibit Executive Order

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2 Exhibit Notice from Registrar

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3 Proposed Summons

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4 Civil Cover Sheet

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March 28, 2025

March 28, 2025

Clearinghouse
2

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff L. A.. (Falk, Kenneth) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
3

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff L. A.. (Rose, Gavin) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
4

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff L. A.. (Pactor, Stevie) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
5

Summons Issued as to MIKE BRAUN, LARRY K. ERVIN. (AAS) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
7

Notice to File Rule 7.1 Disclosure Statement. (KLS) (AAS) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
8

PRACTICES AND PROCEDURES before District Judge Matthew P. Brookman. (AAS) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
10

NOTICE of Appearance by James A. Barta on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
11

NOTICE of Appearance by Jenna Lorence on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Lorence, Jenna) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
12

NOTICE of Appearance by Katelyn E. Doering on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Doering, Katelyn) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
13

NOTICE of Appearance by John M. Vastag on behalf of Defendants MIKE BRAUN, LARRY K. ERVIN. (Vastag, John) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
9

MOTION for Preliminary Injunction, filed by Plaintiff L. A.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/02/2025)

1 Text of Proposed Order

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April 2, 2025

April 2, 2025

PACER
14

ORDER SETTING TELEPHONIC STATUS CONFERENCE - A Telephonic Status Conference is set for 4/11/2025 at 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to discuss case status and settlement. Signed by Magistrate Judge Tim A. Baker on 4/3/2025. (JSR) (Entered: 04/04/2025)

April 3, 2025

April 3, 2025

PACER
16

ORDER ON APRIL 11, 2025, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel for a telephonic status conference. Plaintiff shall file a brief in support of the motion for preliminary injunction by May 5, 2025. Defendants shall file a response brief by June 12, 2025. Plaintiff shall file a reply brief by June 26, 2025. Defendants shall file any sur-reply brief by July 10, 2025. Counsel informed the Court that an evidentiary hearing is not anticipated.Discovery may proceed. The deadline for Defendants to answer or otherwise respond to Plaintiff's complaint is enlarged to 30 days after the Court's ruling on Plaintiff's motion for preliminary injunction. Signed by Magistrate Judge Tim A. Baker. (DMB) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

RECAP
17

MOTION to Certify Class, filed by Plaintiff L. A.. (Falk, Kenneth) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

RECAP
18

Submission of Evidentiary Material, filed by Plaintiff L. A.. (Attachments: # 1 Exhibit Declaration of Rae Eury, # 2 Exhibit Executive Order, # 3 Exhibit Ervin Memo, # 4 Exhibit Declaration of Angela Eury, # 5 Exhibit Declaration of Kristen Matha, # 6 Exhibit UCLA-Williams Institute)(Falk, Kenneth) (Entered: 04/24/2025)

1 Exhibit Declaration of Rae Eury

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2 Exhibit Executive Order

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3 Exhibit Ervin Memo

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4 Exhibit Declaration of Angela Eury

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5 Exhibit Declaration of Kristen Matha

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6 Exhibit UCLA-Williams Institute

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April 24, 2025

April 24, 2025

RECAP
19

BRIEF/MEMORANDUM in Support re 17 MOTION to Certify Class, filed by Plaintiff L. A.. (Falk, Kenneth) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

RECAP
20

MOTION for Attorney(s) Gene C. Schaerr to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653405), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
21

MOTION for Attorney(s) Stephanie L. Freudenberg to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653432), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
22

MOTION for Attorney(s) Justin A. Miller to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8653469), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
23

ORDER granting 20 Motion for Attorney(s) Gene C. Schaerr to Appear pro hac vice. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
24

ORDER granting 21 Motion for Attorney(s) Stephanie L. Freudenberg to Appear pro hac vice. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
25

ORDER granting 22 Motion for Attorney(s) Justin A. Miller to Appear pro hac vice. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 4/29/2025. (TPS) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
26

Unopposed MOTION for Extension of Time to File Response to May 22, 2025 re 17 MOTION to Certify Class, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Proposed Order)(Barta, James) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
27

ORDER GRANTING MOTION FOR EXTENSION OF TIME - This matter is before the Court on Defendants' Motion for Extension of Time, and finding there is good cause to grant it, the Court hereby grants the motion. [Filing No. 26 .] IT IS THEREFORE ORDERED that the Defendants' shall file a response to the motion to certify the case as a class action no later than May 22, 2025. Signed by Magistrate Judge Tim A. Baker on 05/01/2025. (AJG) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
28

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction, filed by Plaintiff L. A.. (Attachments: # 1 Exhibit Fortenberry-Report, # 2 Exhibit Supp. Dec Rai Eury)(Falk, Kenneth) (Entered: 05/03/2025)

May 3, 2025

May 3, 2025

PACER
29

Unopposed MOTION for Extension of Time to File Response to July 3, 2025 re 9 MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Barta, James) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
30

ORDER GRANTING MOTION FOR EXTENSION OF TIME - This matter came before the Court on Defendants' Unopposed Motion for Extension of Time and the Court, being duly advised, hereby GRANTS said Motion. [Filing No. 29 .] IT IS THEREFORE ORDERED that the briefing deadlines for Plaintiffs' Motion for Preliminary Injunction are extended as follows: Defendants shall file a response brief by July 3, 2025; Plaintiff shall file a reply brief by July 17, 2025; and Defendants shall file any sur-reply brief by July 31, 2025. Signed by Magistrate Judge Tim A. Baker on 05/16/2025. (AJG) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
31

Joint MOTION for Protective Order (Entry of Uniform Stipulated Protective Order), filed by Plaintiff L. A.. (Attachments: # 1 Text of Proposed Order (Uniform Stipulated Protective Order))(Rose, Gavin) (Entered: 05/18/2025)

May 18, 2025

May 18, 2025

PACER
32

PROTECTIVE ORDER. Signed by Magistrate Judge Tim A. Baker on 05/20/2025.(AAS) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
33

RESPONSE in Opposition re 17 MOTION to Certify Class, filed by Defendant MIKE BRAUN. (Barta, James) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
34

AMENDED COMPLAINT for Declaratory and Injunctive Relief - Class Action against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit Executive Order, # 2 Exhibit Ervin Notice)(Falk, Kenneth) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
35

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
36

SEALED - Notice of Intention to Seek Leave to Proceed Under Pseudonym, filed by Plaintiff JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
37

MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Exhibit Declaration of Jane Doe, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/26/2025)

1 Exhibit Declaration of Jane Doe

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2 Text of Proposed Order

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May 26, 2025

May 26, 2025

RECAP
38

Amended MOTION for Preliminary Injunction, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

RECAP
39

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
40

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
41

MARGINAL ENTRY re 37 MOTION to Proceed Under Pseudonym of "Jane Doe" - Contrary to the representation in paragraph 3 of this motion, Plaintiff did not file a separate, supporting memorandum of law. Plaintiff shall do so within 7 days from the date of this order. The Court keeps this motion under advisement. Signed by Magistrate Judge Tim A. Baker on 5/27/2025.(LBT) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
42

BRIEF/MEMORANDUM in Support re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
43

BRIEF/MEMORANDUM in Support re 38 Amended MOTION for Preliminary Injunction, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Exhibit 2nd Declaration of Jane Doe)(Falk, Kenneth) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
44

Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
45

BRIEF/MEMORANDUM in Support re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Exhibit Interrogatories)(Falk, Kenneth) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
46

Joint MOTION to Amend/Correct Stipulated Protective Order to Apply to Jane Doe and any Additional Plaintiff, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
47

ORDER - The parties having filed their Joint Motion to Amend Stipulated Protective Order to Apply to Jane Doe and any Additional Plaintiff, and the Court having read the motion and being duly advised, hereby grants the motion. [Filing No. 46 .] The last sentence of Section II of the Uniform Stipulated Protective Order (Dkt. 32 ) is amended. In other respects the Uniform Stipulated Protective Order remains the same. Signed by Magistrate Judge Tim A. Baker on 6/2/2025. (See Order.) (BAA) (Entered: 06/02/2025)

June 2, 2025

June 2, 2025

PACER
48

NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff L. A.. (Rose, Gavin) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
49

Joint MOTION to Extend Deadlines, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
50

SEALED RESPONSE re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Exhibit Miller Declaration)(Barta, James) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
51

MOTION to Maintain Document Under Seal 50 SEALED Response to Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Barta, James) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
52

RESPONSE in Opposition re 38 Amended MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Schaerr, Gene) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP
53

ORDER granting 49 Motion to Extend Deadlines - The deadline for Defendants to answer or otherwise respond to Plaintiffs' amended complaint is enlarged to 30 days after the Court's ruling on Plaintiffs' amended motion for preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs' original motion for preliminary injunction (Dkt. 9 ) is withdrawn as moot, and the briefing deadlines for Plaintiffs' amended motion for preliminary injunction are extended as follows: SEE ORDER. IT IS FURTHER ORDERED that Plaintiffs' original motion to certify the case as a class action (Dkt. 17 ) is withdrawn as moot, and the deadline for Defendants to file a response to Plaintiffs' amended motion to certify the case as a class action is extended to June 26, 2025. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 6/9/2025. (JRB) (Entered: 06/10/2025)

June 9, 2025

June 9, 2025

PACER
54

Unopposed MOTION for Extension of Time to File Reply to June 23, 2025 re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
55

ORDER granting 54 Unopposed MOTION for Extension of Time to File Reply. Ms. Doe is hereby afforded a 7-day extension of time, to and including June 23, 2025, within which to file her reply brief in support of her Motion to Proceed Under Pseudonym of "Jane Doe" (Dkt. 37 ). Signed by Magistrate Judge Tim A. Baker on 6/10/2025. (LBT) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
56

REPLY in Support of Motion re 37 MOTION to Proceed Under Pseudonym of "Jane Doe", filed by Plaintiff JANE DOE. (Attachments: # 1 Exhibit 1 (Third Decl. of Jane Doe))(Rose, Gavin) (Entered: 06/19/2025)

1 Exhibit 1 (Third Decl. of Jane Doe)

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June 19, 2025

June 19, 2025

PACER
57

RESPONSE to Motion re 51 MOTION to Maintain Document Under Seal 50 SEALED Response to Motion, filed by Plaintiffs L. A., JANE DOE. (Rose, Gavin) (Entered: 06/19/2025)

June 19, 2025

June 19, 2025

RECAP
58

SEALED RESPONSE re 44 Amended MOTION to Certify Class as a Class Action, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Exhibit Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
59

MOTION to Maintain Document Under Seal 58 SEALED Response to Motion & Supporting Declaration with Exhibits, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 06/26/2025)

1

View on RECAP

June 26, 2025

June 26, 2025

PACER
60

Unopposed MOTION for Extension of Time to File Reply to July 8, 2025 re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/28/2025)

June 28, 2025

June 28, 2025

PACER
61

ORDER granting 60 Unopposed MOTION for Extension of Time to File Reply to July 8, 2025 re 44 Amended MOTION to Certify Class as a Class Action. The time for plaintiffs to file their reply in support of their Amended Motion to Certify Case as a Class Action is extended to July 8, 2025. Signed by Magistrate Judge Tim A. Baker on 7/1/2025. (TPS) (Entered: 07/02/2025)

July 1, 2025

July 1, 2025

RECAP
62

REPLY in Support of Motion re 44 Amended MOTION to Certify Class as a Class Action, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
63

RESPONSE in Opposition re 59 MOTION to Maintain Document Under Seal 58 SEALED Response to Motion & Supporting Declaration with Exhibits -Partial Opposition-, filed by Plaintiffs L. A., JANE DOE. (Falk, Kenneth) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
64

NOTICE of Appearance by Joshua Bleisch on behalf of Plaintiffs L. A., JANE DOE. (Bleisch, Joshua) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
65

SEALED RESPONSE re 38 Amended MOTION for Preliminary Injunction, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
66

DECLARATION of Stephen B. Levine M.D. re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
67

DECLARATION of Quentin Van Meter, M.D. re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
68

DECLARATION of Lyree N. Mikhail, MD MBA re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
69

DECLARATION of Peter S. Marcus, MD re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
70

DECLARATION of Larry K. Ervin re 65 SEALED Response to Motion by MIKE BRAUN, LARRY K. ERVIN. (Barta, James) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
71

MOTION to Maintain Document Under Seal 65 SEALED Response to Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
72

MOTION to Exclude Opinions of Fortenberry, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits, # 2 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

1 Declaration of Stephanie L. Freudenberg with Exhibits

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2 Text of Proposed Order

View on PACER

July 14, 2025

July 14, 2025

PACER
73

SEALED Brief in Support of Motion to Exclude Opinions of Fortenberry 72, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Justin A. Miller with Exhibit (Fortenberry Dep. Tr.))(Schaerr, Gene) Modified text on 7/15/2025 (LES). (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
74

MOTION to Maintain Document Under Seal 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
75

Unopposed MOTION for Extension of Time to File Reply to September 5, 2025 re 9 MOTION for Preliminary Injunction, Unopposed MOTION for Extension of Time to File Response to September 5, 2025 re 72 MOTION to Exclude Opinions of Fortenberry, 74 MOTION to Maintain Document Under Seal 73 SEALED MOTION Brief in Support of Motion to Exclude Opinions of Fortenberry [Doc. 72-filed on public docket], filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
76

ORDER granting 75 Unopposed Motion to Extend Time to Submit Reply in Support of Motion for Preliminary Injunction, Response in Opposition to Motion to Exclude Opinions of Fortenbery, and Responses Concerning Motions to Seal. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 7/16/2025. (TPS) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
77

ORDER SETTING TELEPHONIC STATUS CONFERENCE - This matter is set for a telephonic status conference at 10:00 a.m. (Eastern Time) on August 1, 2025, before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 7/21/2025.(JRB) (Entered: 07/22/2025)

July 21, 2025

July 21, 2025

PACER
78

ORDER denying 37 Motion to Proceed Under Pseudonym of "Jane Doe". Within 14 days, Plaintiff may choose to withdraw from this lawsuit or identify another member of the putative class willing to come forward and be a party. Otherwise, Plaintiff must file an amended complaint that uses her name within 14 days of this order. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 7/23/2025. (TPS) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
79

MOTION to Withdraw Attorney Appearance, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Vastag, John) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
81

ORDER GRANTING MOTION TO WITHDRAW APPEARANCE - This matter is before the Court on the motion of John M. Vastag, Deputy Attorney General, to withdraw his appearance on behalf of Defendants Mike Braun, in his official capacity as Governor of the State of Indiana, and Larry K. Ervin, in his official capacity as State Registrar & Division Director of Vital Records of the Indiana Department of Health, and the Court being duly advised in the premises, hereby grants the Motion. [Filing No. 79 .]IT IS THEREFORE ORDERED that the appearance of John M. Vastag, Deputy Attorney General, for Defendants, is withdrawn. The Clerk shall show the appearance of John M. Vastag withdrawn as of the date of this Order. The appearance of James A. Barta, Jenna M. Lorence, and Katelyn E. Doering on behalf of Defendants, will remain in effect. Signed by Magistrate Judge Tim A. Baker on 07/24/2025. (AJG) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

PACER
82

MINUTE ORDER ON AUGUST 1, 2025, TELEPHONIC STATUS CONFERENCE - The parties appeared by counsel for a telephonic status conference. Discussion held regarding a discovery dispute. The parties dispute whether Defendants may utilize information covered by a protective order [Filing No. 32 ] to intervene in a separate action. Based upon the parties' brief submissions andthe limited argument at the August 1, 2025, status conference, the Court finds that the protective order [Filing No. 32 ] bars the use of protected information exchanged in discovery in any other action, including L.A.'s state court case. However, if Defendants wish to file a formal motion to modify the protective order to create a more robust record and perhaps more comprehensive briefing, they have leave to do so until August 15, 2025. Nevertheless, the Court does not anticipate that a formal motion and additional briefing will result in a different outcome. ***SEE ORDER*** Signed by Magistrate Judge Tim A. Baker. (DMB) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP
83

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs re 78 Order on Motion (Pactor, Stevie) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
84

Emergency MOTION to Stay re 78 Order on Motion denying leave to proceed pseudonymously, filed by Plaintiffs L. A., JANE DOE. (Attachments: # 1 Text of Proposed Order)(Pactor, Stevie) (Entered: 08/06/2025)

1 Text of Proposed Order

View on PACER

Aug. 6, 2025

Aug. 6, 2025

PACER
85

BRIEF/MEMORANDUM in Support re 84 Emergency MOTION to Stay re 78 Order on Motion denying leave to proceed pseudonymously, filed by Plaintiffs L. A., JANE DOE. (Pactor, Stevie) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
86

ORDER granting 84 Motion to Stay - IT IS THEREFORE ORDERED that imposition of this Court's order at Docket 78 is hereby STAYED pending resolution of the plaintiffs' pending objection to that Order. If the plaintiffs' objection is overruled, the plaintiffs shall have 14 days from the date of that decision within which to comply with the requirements articulated in Docket 78 . SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 8/6/2025. (JRB) (Entered: 08/07/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
87

MOTION to Modify Protective Order, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
88

Memorandum (Brief in Support of Motion to Modify Protective Order 87 ), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) Modified on 8/18/2025 (CW). (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
89

MOTION to Maintain Document Under Seal 88 SEALED MOTION (Brief in Support of Motion to Modify Protective Order) and [88-1] (Declaration & Exhibits), filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
90

RESPONSE re 83 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs re 78 Order on Motion, filed by Defendants MIKE BRAUN, LARRY K. ERVIN. (Attachments: # 1 Declaration of Stephanie L. Freudenberg with Exhibits)(Schaerr, Gene) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

PACER
91

Leave to File

1 Exhibit Proposed reply brief

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 27, 2025

Aug. 27, 2025

PACER
92

Order on Motion for Leave to File

Aug. 27, 2025

Aug. 27, 2025

PACER
93

Reply in Support of Motion

Aug. 28, 2025

Aug. 28, 2025

PACER
94

Response in Opposition to Motion

Aug. 29, 2025

Aug. 29, 2025

PACER
95

Response to Motion (Unopposed)

Aug. 29, 2025

Aug. 29, 2025

PACER
100

Reply in Support of Motion

Sept. 5, 2025

Sept. 5, 2025

PACER
96

Notice of Filing

Sept. 5, 2025

Sept. 5, 2025

PACER
97

Response in Opposition to Motion

Sept. 5, 2025

Sept. 5, 2025

PACER
98

Reply in Support of Motion

Sept. 5, 2025

Sept. 5, 2025

PACER
99

Response in Opposition to Motion

Sept. 5, 2025

Sept. 5, 2025

PACER
101

Reply in Support of Motion

Sept. 12, 2025

Sept. 12, 2025

PACER
102

Leave to File

Sept. 19, 2025

Sept. 19, 2025

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of all present and future persons who are unable to obtain a change in the gender marker on their Indiana birth certificate because of Executive Order 25-36 and/or any subsequent similar Executive Orders

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Indiana, State

Indiana Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

Transgender: IDs