Case: Richwine v. Matuszak

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

Richwine et al. v. Matuszak et al.

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

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

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2 Proposed Summons Proposed Summonses

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3 Exhibit Exhibit A DDD Webpage

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4 Exhibit Exhibit B DDD Complaint

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5 Exhibit Exhibit C Response to Complaint

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6 Exhibit Exhibit D Letters in Support/Intake

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7 Exhibit Exhibit E C&D Motion

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8 Exhibit Exhibit F Order to Show Cause

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

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

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)

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

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

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

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

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

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

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

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

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)

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)

Add and Terminate Judges

**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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

Order AND ~Util - Terminate Motions

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)

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)

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)

Order AND ~Util - Terminate Motions

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)

Order AND ~Util - Terminate Motions

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)

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)

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

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

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)

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)

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)

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 1/10/2024 at 11:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. To connect to the conference, Parties should dial 833-568-8864, enter meeting ID: 161 6325 2172#, push # to skip entry of participant ID and enter passcode 039039# at least five minutes before the conference start time. (mr) (Entered: 12/21/2023)

MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) (Entered: 12/21/2023)

REPORT of Rule 26(f) Planning Meeting. (Field, Benjamin) (Entered: 01/05/2024)

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/10/2024 before Magistrate Judge Susan L Collins. Pla's appeared by attys Stephen Peters, Christian Lansinger, Benjamin Field. Dft appeared by atty Alan Kus. The 41 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Magistrate Consent forms due by 1/31/2024. (FTR 1st Floor.) (mrm) (Entered: 01/10/2024)

SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 01/26/2024. The last date for the completion of all fact and expert discovery is 08/30/2024. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff(s) by 03/15/2024; and from Defendant(s) by 05/17/2024. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff(s) is 06/10/2024; as to Defendant(s) is 06/10/2024. The deadline to file any dispositive motions is 10/11/2024, with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with Local Rule 56-1(b) and (c). Signed by Magistrate Judge Susan L Collins on 01/10/2024. (jdb) (Entered: 01/10/2024)

Pretrial Conference - Preliminary - customized ddls & hrgs

NOTICE OF APPEAL as to 38 Order on Motion for Preliminary Injunction,, filed by Defendants Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles. Filing fee $ 605, receipt number AINNDC-5466515. (Brandenburg, Carly) (Entered: 01/18/2024)

MOTION to Stay Pending Appeal by Defendants Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles. (Kus, Alan) (Entered: 01/18/2024)

Short Record Sent to US Court of Appeals re 44 Notice of Appeal,. Appeal filing fees paid in the amount of $605 - Receipt # AINNDC-5466515. (rmf) (Additional attachment(s) added on 1/22/2024: # 1 Document with legible banners) (rmf). (Entered: 01/19/2024)

USCA Case Number 24-1081 for 44 Notice of Appeal, filed by Christopher Cooke, Frank Downing, Thomas Sproles, Kathleen Diane Matuszak, Lindsay Hyer, Theodore Rokita. (Attachments: # 1 Notice of Docketing)(sej) (Entered: 01/19/2024)

ORDER for Magistrate Judge Susan Collins: 45 Defendants' Motion for Stay Pending Appeal is granted. This case is STAYED until the Seventh Circuit's resolution of Defendants' appeal of the Court's ruling on Plaintiffs' motion for preliminary injunction 38 . Text entry order.(mr) (Entered: 01/22/2024)

Order AND ~Util - Terminate Motions

ORDER of USCA (certified) as to 44 Notice of Appeal, filed by Christopher Cooke, Frank Downing, Thomas Sproles, Kathleen Diane Matuszak, Lindsay Hyer, Theodore Rokita. IT IS ORDERED that this appeal is REMANDED to the district court to enter an injunction order that complies with the requirements of Fed. R. Civ. P. 65 (d)(1)(C), IT IS FURTHER ORDERED that appellants inform the court, no later than 3/22/2024, whether the district court has entered an injunction order. (sej) (Entered: 03/04/2024)

PRELIMINARY INJUNCTION ORDER. Signed by Chief Judge Holly A Brady on 3/5/2024. (sej) (Entered: 03/06/2024)

MOTION to Withdraw as Attorney by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Steuerwald, Erika) (Entered: 03/18/2024)

ORDER of USCA as to 44 Notice of Appeal, filed by Christopher Cooke, Frank Downing, Thomas Sproles, Kathleen Diane Matuszak, Lindsay Hyer, Theodore Rokita. IT IS ORDERED that this appeal shall proceed to briefing. The briefing schedule is as follows in USCA Order. (sej) (Entered: 03/21/2024)

ORDER for Magistrate Judge Susan Collins: The 51 Motion to Withdraw Appearance of Erika L. Steuerwald is granted. The appearance of Attorney Erika L Steuerwald is hereby withdrawn on behalf of the Plaintiffs. Text entry order.(mr) (Entered: 03/21/2024)

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

ORDER REASSIGNING MAGISTRATE JUDGE. Pursuant to General Order 2025-05 and the retirement of Magistrate Judge Susan L. Collins, this case is now REASSIGNED to Magistrate Judge Andrew L. Teel for the purpose of conducting all further non-dispositive pretrial proceedings, pursuant to 28 U.S.C. § 636(b)(1)(A) and FED. R. CIV. P. 72(a). (lns) (Entered: 07/07/2025)

Order Reassigning Case

MANDATE of USCA as to 44 Notice of Appeal filed by Christopher Cooke, Frank Downing, Thomas Sproles, Kathleen Diane Matuszak, Lindsay Hyer, Theodore Rokita. The judgment of the District Court is AFFIRMED and the case is REMANDED in accordance with the decision of this court entered on August 28, 2025. Costs awarded to the appellees. (Attachments: # 1 Certified copy of Opinion, # 2 Certified copy of Final Judgment)(lns) (Entered: 09/23/2025)

ORDER for Magistrate Judge Andrew L Teel: The parties are ORDERED to file a proposed discovery plan under Fed. R. Civ. P. 26(f) on or before 10/1/2025. Telephonic Scheduling Conference SET for 10/8/2025 at 1:00 PM in US District Court - Fort Wayne before Magistrate Judge Andrew L Teel. To connect to the conference, Parties should dial 833-568-8864, enter meeting ID: 161 6325 2172#, push # to skip entry of participant ID and enter passcode 039039# at least five minutes before the conference start time. (lf) (Entered: 09/24/2025)

Order AND ~Util - Set Deadlines/Hearings

MOTION to Stay re 56 Order,,, Set Deadlines/Hearings,, by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 09/25/2025)

ORDER for Magistrate Judge Andrew L Teel: The Court being duly advised GRANTS 57 Motion to Stay. Parties are ORDERED to file either a Report of Parties Planning Meeting or a motion to extend the stay due to seeking Supreme Court review on or before 12/5/2025. (lf) (Entered: 09/26/2025)

Order on Motion to Stay

ORDER for Magistrate Judge Andrew L Teel: Pursuant to 58 Order on Motion to Stay, the Telephonic Scheduling Conference set for 10/8/2025 at 1:00 PM is VACATED. (lf) (Entered: 10/02/2025)

1 - Terminate Hearings AND Order

Second MOTION to Stay Proceedings by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 12/01/2025)

ORDER for Magistrate Judge Andrew L Teel: The Court being duly advised GRANTS Plas' 60 Motion to Stay. Parties are ORDERED to file on or before 2/2/2026, either (1) stipulated dismissal papers, or (2) a joint status report with the parties respective positions as to how the case should proceed. (lf) (Entered: 12/02/2025)

Order on Motion to Stay

Second MOTION to Stay re 56 Order,,, Set Deadlines/Hearings,, by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 01/28/2026)

ORDER for Magistrate Judge Andrew L Teel: The Court being duly advised GRANTS Plas' 62 Joint Status Report and Motion to Extend Stay. Parties are ORDERED to file on or before 3/19/2026, either (1) stipulated dismissal papers, or (2) a joint status report as to how this case should proceed. (lf) (Entered: 01/29/2026)

Order on Motion to Stay

Third MOTION to Stay re 56 Order,,, Set Deadlines/Hearings,, by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Field, Benjamin) (Entered: 03/12/2026)

ORDER for Magistrate Judge Andrew L Teel: The Court being duly advised GRANTS Plas' 64 Joint Status Report and Motion to Extend Stay. Parties are ORDERED to file on or before 5/4/2026, either (1) stipulated dismissal papers, or (2) a joint status report as to how this case should proceed. (lf) (Entered: 03/13/2026)

Order on Motion to Stay

STATUS REPORT Joint Status Report and Motion to Extend Stay by Christopher Cooke, Frank Downing, Lindsay Hyer, Kathleen Diane Matuszak, Theodore Rokita, Thomas Sproles. (Brandenburg, Carly) (Entered: 05/04/2026)

MOTION to Approve Consent Judgment by Plaintiffs Death Done Differently LLC, Lauren Richwine. (Attachments: # 1 Exhibit A - Proposed Consent Decree)(Field, Benjamin) (Entered: 05/12/2026)

CONSENT DECREE. Signed by Chief Judge Holly A Brady on 6/9/2026. (rmf) (Entered: 06/11/2026)

CLERK'S ENTRY OF JUDGMENT. (rmf) (Entered: 06/11/2026)