Case: Richwine v. Matuszak

1:23-cv-00370 | U.S. District Court for the Northern District of Indiana

Filed Date: Aug. 30, 2023

Closed Date: Aug. 28, 2025

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.]

On August 30, 2023, Plaintiffs Lauren Richwine and Death Done Differently LLC filed suit in U.S. District Court for the Northern District of Indiana to vindicate their First Amendment rights. The complaint alleges that beginning in 2021, the State of Indiana began investigating Richwine’s business under Indiana’s Embalmers and Funeral Directors Laws. Though Richwine did not hold herself out as a licensed funeral director or engage in the technical conduct of licensed funeral professionals (such as embalming), the Indiana State Board of Funeral and Cemetery Service ultimately ordered that Richwine and Death Done Differently ceased and desisted from speaking with other adults about death care unless and until they obtained both a funeral-director license and a funeral-home license.

Summary Authors

Claire Pollard (9/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67746791/parties/richwine-v-matuszak/


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Documents in the Clearinghouse

Document
1

1:23-cv-00370

Verified Complaint for Declaratory and Injunctive Relief

Aug. 30, 2023

Aug. 30, 2023

Complaint
45

24-01081

Final Judgment

U.S. Court of Appeals for the Seventh Circuit

Aug. 29, 2025

Aug. 29, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67746791/richwine-v-matuszak/

Last updated Nov. 3, 2025, 10:10 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles( Filing fee $ 402 receipt number AINNDC-5341881.), filed by Death Done Differently LLC, Lauren Richwine. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Proposed Summonses, # 3 Exhibit Exhibit A DDD Webpage, # 4 Exhibit Exhibit B DDD Complaint, # 5 Exhibit Exhibit C Response to Complaint, # 6 Exhibit Exhibit D Letters in Support/Intake, # 7 Exhibit Exhibit E C&D Motion, # 8 Exhibit Exhibit F Order to Show Cause)(Field, Benjamin) (Entered: 08/30/2023)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Proposed Summons Proposed Summonses

View on PACER

3 Exhibit Exhibit A DDD Webpage

View on PACER

4 Exhibit Exhibit B DDD Complaint

View on PACER

5 Exhibit Exhibit C Response to Complaint

View on PACER

6 Exhibit Exhibit D Letters in Support/Intake

View on PACER

7 Exhibit Exhibit E C&D Motion

View on PACER

8 Exhibit Exhibit F Order to Show Cause

View on PACER

Aug. 30, 2023

Aug. 30, 2023

Clearinghouse
10

NOTICE of Appearance by Erika L Steuerwald on behalf of Death Done Differently LLC, Lauren Richwine (Steuerwald, Erika) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

2

First MOTION for Preliminary Injunction by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

RECAP
3

MEMORANDUM in Support of 2 First MOTION for Preliminary Injunction filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

RECAP
4

First MOTION for Hearing re 2 First MOTION for Preliminary Injunction, 3 Memorandum in Support of Preliminary Injunction by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

RECAP
5

Corporate Disclosure Statement by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

6

NOTICE of Appearance by Benjamin A Field on behalf of Death Done Differently LLC, Lauren Richwine (Field, Benjamin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

7

NOTICE of Appearance by Jeffrey Rowes on behalf of Death Done Differently LLC, Lauren Richwine (Rowes, Jeffrey) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

8

NOTICE of Appearance by Christian W Lansinger on behalf of Death Done Differently LLC, Lauren Richwine (Lansinger, Christian) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

9

NOTICE of Appearance by Stephen J Peters on behalf of Death Done Differently LLC, Lauren Richwine (Peters, Stephen) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

11

SUPPLEMENT to 1 Complaint,, Exhibit G C&D Order filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

RECAP
12

NOTICE of Appearance by David I Rubin on behalf of Death Done Differently LLC, Lauren Richwine (Rubin, David) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

13

Summons Issued as to Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (sej) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

14

ORDER SETTING BRIEFING SCHEDULE: The Court has reviewed filings (ECF 1, 2, and 4 ) and directs Defendants to file briefs by 9/11/2023, responding to the merits of Plaintiffs Motion for Preliminary Injunction. By the end of business today, counsel for Plaintiffs is DIRECTED to serve a copy of this Order by email or mail on Defendants or their representatives if known. Signed by Chief Judge Holly A Brady on 08/31/2023. (sej) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

Add and Terminate Judges

Aug. 31, 2023

Aug. 31, 2023

**NEW CASE: MOTION FOR HEARING ON AND REQUEST FOR PRELIMINARY INJUNCTION PENDING** Chief Judge Holly A Brady and Magistrate Judge Susan L Collins added. (sej)

Aug. 31, 2023

Aug. 31, 2023

15

NOTICE of Appearance by Carly A Brandenburg on behalf of Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles (Brandenburg, Carly) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

16

NOTICE of Appearance by Alan M Kus on behalf of Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles (Kus, Alan) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

17

MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, 2 First MOTION for Preliminary Injunction, 3 Memorandum in Support of 2 First Motion for Preliminary Injunction by Defendants Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles. (Kus, Alan) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

18

AFFIDAVIT of Service for Summons and Complaint served on Doug Boyle obo Kathleen Matuszak on September 7, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

19

AFFIDAVIT of Service for Summons and Complaint served on Doug Boyle obo Thomas Sproles on September 7, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

20

AFFIDAVIT of Service for Summons and Complaint served on Doug Boyle obo Frank Downing on September 7, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

21

AFFIDAVIT of Service for Summons and Complaint served on Doug Boyle obo Christopher Cooke on September 7, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

22

AFFIDAVIT of Service for Summons and Complaint served on Ethan Childress obo Theodore Rokita on September 11, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

23

AFFIDAVIT of Service for Summons and Complaint served on Doug Boyle obo Lindsay Hyer on September 7, 2023, filed by Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

24

ORDER FOR CHIEF JUDGE HOLLY A BRADY: The Court being duly advised GRANTS 17 Agreed Motion to Extend Deadlines to Respond to Pla's 2 Motion for Preliminary Injunction and 1 Complaint. Dfts' Response to the Motion to be filed by 9/18/2023 and Answer to Complaint to be filed by 10/9/2023. (cer) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

1 - Terminate Deadlines AND Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

Sept. 11, 2023

Sept. 11, 2023

25

MOTION for Leave to File Excess Pages Defendants' Motion for Leave to Fle Brief Exceeding 25 Pages by Defendants Christopher Cooke, Frank Downing, Kathleen Diane Matuszak, Thomas Sproles. (Brandenburg, Carly) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

26

RESPONSE to Motion re 2 First MOTION for Preliminary Injunction Defendants' Response Opposing Plaintiffs' Motion for Preliminary Injunction filed by Christopher Cooke, Frank Downing, Kathleen Diane Matuszak, Thomas Sproles. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Brandenburg, Carly) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

27

ORDER FOR CHIEF JUDGE HOLLY A BRADY: The Court being duly advised GRANTS Dfts' 25 Motion for Leave to File Brief Exceeding 25 Pages. (cer) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

Order AND ~Util - Terminate Motions

Sept. 19, 2023

Sept. 19, 2023

28

First MOTION for Leave to File Excess Pages for Reply In Support of Preliminary Injunction by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

29

REPLY to Response to Motion re 2 First MOTION for Preliminary Injunction filed by Death Done Differently LLC, Lauren Richwine. (Attachments: # 1 Affidavit of Lauren Richwine)(Field, Benjamin) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

30

ORDER FOR CHIEF JUDGE HOLLY A BRADY: The Court being duly advised GRANTS Pla's 28 Motion for Leave to File Reply Brief Exceeding 15 Pages. (cer) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

Order AND ~Util - Terminate Motions

Sept. 25, 2023

Sept. 25, 2023

31

ORDER FOR CHIEF JUDGE HOLLY A BRADY: The Court has received the parties briefs regarding Plaintiffs 2 First Motion for Preliminary Injunction and has determined that an evidentiary hearing and oral argument are not necessary. The Court DENIES Plaintiffs 4 Request for Oral Argument and Evidentiary Hearing.(lf) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

Order AND ~Util - Terminate Motions

Oct. 5, 2023

Oct. 5, 2023

32

ANSWER to 1 Complaint,, Defendants' Answer and Affirmative Defenses to Plaintiff's Verified Complaint for Declaratory and Injunctive Relief by Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles.(Brandenburg, Carly) (Entered: 10/09/2023)

Oct. 9, 2023

Oct. 9, 2023

33

ORDER: The Court ORDERS the parties to brief the issue of whether Plaintiffs First Amendment claims are precluded under the doctrine of claim preclusion. Plaintiffs' and Defendants' cross-briefs are due on or before 11/02/2023. Response briefs are due 11/13/2023. Signed by Chief Judge Holly A Brady on 10/19/2023. (jdb) (Entered: 10/20/2023)

Oct. 19, 2023

Oct. 19, 2023

34

BRIEF re 33 Order,, Set Deadlines, Defendants' Supplemental Brief Regarding Claim Preclusion. (Brandenburg, Carly) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

35

BRIEF re 33 Order,, Set Deadlines, Plaintiff's Supplemental Brief Regarding Claim Preclusion. (Field, Benjamin) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

36

RESPONSE by Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles to 35 Brief (Other) Defendants' Response to Plaintiffs' Supplemental Brief Regarding Claim Preclusion. (Brandenburg, Carly) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

37

RESPONSE by Death Done Differently LLC, Lauren Richwine to 34 Brief (Other) Plaintiffs' Response to Defendants' Supplemental Brief Regarding Claim Preclusion. (Field, Benjamin) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

38

OPINION AND ORDER: Plaintiffs' 2 First Motion for a Preliminary Injunction is GRANTED. Defendants and their agents are ENJOINED from enforcing the Board's Cease-and-Desist Order against Plaintiffs during the pendency of this litigation. Signed by Chief Judge Holly A Brady on 12/19/23. (nal)

Dec. 19, 2023

Dec. 19, 2023

RECAP
39

Notice of Hearing/Deadlines

Dec. 21, 2023

Dec. 21, 2023

40

Mag Consent Forms Sent - Standard with pptc - form will be generated

Dec. 21, 2023

Dec. 21, 2023

41

Report of Rule 26f Planning Meeting

Jan. 5, 2024

Jan. 5, 2024

43

Scheduling Order

Jan. 10, 2024

Jan. 10, 2024

Pretrial Conference - Preliminary - customized ddls & hrgs

Jan. 10, 2024

Jan. 10, 2024

44

Notice of Appeal

Jan. 18, 2024

Jan. 18, 2024

45

Stay

Jan. 18, 2024

Jan. 18, 2024

46

Short Record Sent to USCA

Jan. 19, 2024

Jan. 19, 2024

47

USCA Case Number

Jan. 19, 2024

Jan. 19, 2024

Order AND ~Util - Terminate Motions

Jan. 22, 2024

Jan. 22, 2024

49

USCA Order

March 4, 2024

March 4, 2024

50

Preliminary Injunction

March 6, 2024

March 6, 2024

51

Withdraw as Attorney

March 18, 2024

March 18, 2024

52

USCA Order

March 21, 2024

March 21, 2024

Order AND ~Util - Add and Terminate Attorneys AND ~Util - Terminate Motions

March 21, 2024

March 21, 2024

Order Reassigning Case

July 7, 2025

July 7, 2025

55

USCA Mandate

Sept. 23, 2025

Sept. 23, 2025

Order AND ~Util - Set Deadlines/Hearings

Sept. 24, 2025

Sept. 24, 2025

57

Stay

Sept. 25, 2025

Sept. 25, 2025

Order on Motion to Stay

Sept. 26, 2025

Sept. 26, 2025

1 - Terminate Hearings AND Order

Oct. 2, 2025

Oct. 2, 2025

Case Details

State / Territory:

Indiana

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 30, 2023

Closing Date: Aug. 28, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a person whose business, Death Done Differently, LLC, helps advise and guide families through the deeply personal choices surrounding both the end of life and being remembered after life.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Theodore Rokita, State

Kathleen Diane Matuszak, State

Lindsay Hyer, State

Frank Downing, State

Christopher Cooke, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

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

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Indiana 1:23-cv-00370

U.S. Court of Appeals for the Seventh Circuit 24-01081

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Classification / placement