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: June 11, 2026

Clearinghouse coding complete

Case Summary

This is a case challenging Indiana's efforts to restrict a death care advocate's ability to speak with individuals about their end-of-life options. On August 30, 2023, a company called Death Done Differently LLC and its owner filed this lawsuit in the U.S. District Court for the Northern District of Indiana in the Fort Wayne Division. Through Death Done Differently, the plaintiff is a “community death care advocate” who seeks to inform the dying and their families of all their options regarding…

This is a case challenging Indiana's efforts to restrict a death care advocate's ability to speak with individuals about their end-of-life options.

On August 30, 2023, a company called Death Done Differently LLC and its owner filed this lawsuit in the U.S. District Court for the Northern District of Indiana in the Fort Wayne Division. Through Death Done Differently, the plaintiff is a “community death care advocate” who seeks to inform the dying and their families of all their options regarding death care in Indiana. The plaintiffs sued members of the Indiana State Board of Funeral and Cemetery Service in their official capacities, the Attorney General of Indiana in his official capacity, and the Executive Director of the Indiana Professional Licensing Agency (IPLA) in her official capacity, asserting First Amendment violations. Represented by Institute for Justice and Kroger Gardis & Regas, LLP, the plaintiffs alleged that the Board launched an investigation into the business under Indiana's Embalmers and Funeral Directors Laws, even though the owner had never held herself out as a licensed funeral director or engaged in conduct requiring such a license. The plaintiffs further alleged that the Board ordered the owner and her company to cease and desist from advising adults about death care unless the owner obtained both a funeral-director license and a funeral home license, both of which were difficult to obtain. The plaintiffs sought declaratory and injunctive relief barring enforcement of Indiana’s funeral laws as applied to the plaintiffs, along with attorney’s fees. The case was assigned to District Judge Holly A. Brady.

That same day, the plaintiffs filed a motion for a preliminary injunction barring the enforcement of the Board’s cease-and-desist order against them. They argued that the defendants’ enforcement of Indiana’s funeral-licensing scheme likely violated the First Amendment, that they would suffer irreparable harm without preliminary relief, and that the balance of equities and the public interest weighed in their favor.

On December 19, 2023, the court granted the plaintiffs’ motion for a preliminary injunction. Judge Brady held that the licensing scheme imposed a content-based restriction on speech, which required strict scrutiny. The court also determined that the state did not demonstrate a compelling interest in public health or consumer protection that justified the restriction, nor did the state narrowly tailor the restriction. 707 F.Supp.3d 782.

On January 18, 2024, the defendants filed a notice of appeal of the court’s December 19 order granting a preliminary injunction to the U.S. Court of Appeals for the Seventh Circuit. That same day, the defendants filed a motion to stay district court proceedings pending resolution of the defendants’ appeal.

On January 22, 2024, the district court granted the defendants’ motion for a stay of proceedings pending the Seventh Circuit’s resolution of the defendants’ appeal. 

On March 1, 2024, the Seventh Circuit remanded to the district court with instructions to enter an injunction that complied with the Federal Rules of Civil Procedure, requiring a separate document stating what the district court directs. Four days later, the district court issued a new preliminary injunction order outlining what actions constituted prohibited enforcement of the cease-and-desist order.

On August 28, 2025, the Seventh Circuit affirmed the district court’s preliminary injunction and remanded for further proceedings. The court held that the state failed to show how prohibiting the plaintiffs from advising and educating individuals about end-of-life options would further a state interest of protecting consumers and the public. 148 F.4th 942.

On September 25, 2025, the parties requested the district court to stay proceedings until December 5, 2025, to provide the board member defendants with time to decide whether to seek review in the U.S. Supreme Court of the Seventh Circuit’s decision. The court granted the stay the next day.

After multiple extensions of the district court stay, on May 12, 2026, the parties notified the district court that they had reached a settlement. Under the terms of the settlement, the parties agreed to allow the district court to convert the preliminary injunction into a permanent injunction. On June 11, 2026, the court approved the parties’ settlement.

Summary Authors

Alexis Gil (8/18/2026)

People

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


Documents in the Clearinghouse

Documents in this case
1

1:23-cv-00370

Verified Complaint for Declaratory and Injunctive Relief

Aug. 30, 2023

Aug. 30, 2023

Complaint
2

1:23-cv-00370

Plaintiffs’ Motion For Preliminary Injunction

Richwine et al. v. Matuszak et al.

Aug. 30, 2023

Aug. 30, 2023

Pleading / Motion / Brief
3

1:23-cv-00370

Brief In Support Of Plaintiffs’ Motion For Preliminary Injunction

Richwine et al. v. Matuszak et al.

Aug. 30, 2023

Aug. 30, 2023

Pleading / Motion / Brief
38

1:23-cv-00370

Opinion and Order

Richwine et al. v. Matuszak et al.

Dec. 19, 2023

Dec. 19, 2023

Order/Opinion

707 F.Supp.3d 782

44

1:23-cv-00370

Notice of Appeal

Richwine et al. v. Matuszak et al.

Jan. 18, 2024

Jan. 18, 2024

Pleading / Motion / Brief
45

1:23-cv-00370

Defendants’ Motion For Stay Pending Appeal

Richwine et al. v. Matuszak et al.

Jan. 18, 2024

Jan. 18, 2024

Pleading / Motion / Brief
47

1:23-cv-00370

Notice of Case Opening

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

Jan. 19, 2024

Jan. 19, 2024

Other
8

24-01081

Order

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

March 1, 2024

March 1, 2024

Order/Opinion
50

1:23-cv-00370

Order

Richwine et al. v. Matuszak et al.

March 6, 2024

March 6, 2024

Order/Opinion
44

24-01081

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.

Richwine et al. v. Matuszak et al.

U.S. Court of Appeals for the Seventh Circuit

Aug. 28, 2025

Aug. 28, 2025

Order/Opinion

148 F.4th 942

Docket

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

Last updated Sept. 16, 2026, 5:45 a.m.

Docket for: Richwine v. Matuszak
ECF Number Date Description Link
1 Aug. 30, 2023

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

Clearinghouse
2 Aug. 30, 2023

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

Clearinghouse
3 Aug. 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)

Clearinghouse
4 Aug. 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)

RECAP
5 Aug. 30, 2023

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

RECAP
6 Aug. 30, 2023

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

RECAP
7 Aug. 30, 2023

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

RECAP
8 Aug. 30, 2023

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

RECAP
9 Aug. 30, 2023

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

RECAP
10 Aug. 30, 2023

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

RECAP
11 Aug. 31, 2023

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

RECAP
12 Aug. 31, 2023

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

RECAP
13 Aug. 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)

RECAP
14 Aug. 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)

RECAP
Aug. 31, 2023

Add and Terminate Judges

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)

15 Sept. 6, 2023

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)

RECAP
16 Sept. 6, 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)

RECAP
17 Sept. 7, 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)

RECAP
18 Sept. 11, 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)

RECAP
19 Sept. 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)

RECAP
20 Sept. 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)

RECAP
21 Sept. 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)

RECAP
22 Sept. 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)

RECAP
23 Sept. 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)

RECAP
24 Sept. 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)

RECAP
Sept. 11, 2023

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

25 Sept. 18, 2023

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)

RECAP
26 Sept. 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)

RECAP
27 Sept. 19, 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)

RECAP
Sept. 19, 2023

Order AND ~Util - Terminate Motions

28 Sept. 25, 2023

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)

RECAP
29 Sept. 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)

RECAP
30 Sept. 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)

RECAP
Sept. 25, 2023

Order AND ~Util - Terminate Motions

31 Oct. 5, 2023

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)

RECAP
Oct. 5, 2023

Order AND ~Util - Terminate Motions

32 Oct. 9, 2023

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)

RECAP
33 Oct. 19, 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)

RECAP
34 Nov. 2, 2023

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

RECAP
35 Nov. 2, 2023

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

RECAP
36 Nov. 13, 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)

RECAP
37 Nov. 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)

RECAP
38 Dec. 19, 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)

Clearinghouse
39 Dec. 21, 2023

Notice of Hearing/Deadlines

RECAP
40 Dec. 21, 2023

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

RECAP
41 Jan. 5, 2024

Report of Rule 26f Planning Meeting

RECAP
43 Jan. 10, 2024

Scheduling Order

RECAP
Jan. 10, 2024

Pretrial Conference - Preliminary - customized ddls & hrgs

44 Jan. 18, 2024

Notice of Appeal

Clearinghouse
45 Jan. 18, 2024

Stay

Clearinghouse
46 Jan. 19, 2024

Short Record Sent to USCA

RECAP
47 Jan. 19, 2024

USCA Case Number

Clearinghouse
Jan. 22, 2024

Order AND ~Util - Terminate Motions

49 March 4, 2024

USCA Order

RECAP
50 March 6, 2024

Preliminary Injunction

Clearinghouse
50 March 6, 2024

Preliminary Injunction

Clearinghouse
50 March 6, 2024

Preliminary Injunction

Clearinghouse
51 March 18, 2024

Withdraw as Attorney

RECAP
52 March 21, 2024

USCA Order

RECAP
March 21, 2024

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

July 7, 2025

Order Reassigning Case

55 Sept. 23, 2025

USCA Mandate

RECAP
Sept. 24, 2025

Order AND ~Util - Set Deadlines/Hearings

57 Sept. 25, 2025

Stay

Clearinghouse
57 Sept. 25, 2025

Stay

Clearinghouse
57 Sept. 25, 2025

Stay

Clearinghouse
Sept. 26, 2025

Order on Motion to Stay

Oct. 2, 2025

1 - Terminate Hearings AND Order

60 Dec. 1, 2025

Stay

RECAP
Dec. 2, 2025

Order on Motion to Stay

62 Jan. 28, 2026

Stay

RECAP
Jan. 29, 2026

Order on Motion to Stay

64 March 12, 2026

Stay

RECAP
March 13, 2026

Order on Motion to Stay

66 May 4, 2026

Status Report

Clearinghouse
66 May 4, 2026

Status Report

Clearinghouse
66 May 4, 2026

Status Report

Clearinghouse
67 May 12, 2026

Approve Consent Judgment

Clearinghouse
68 June 11, 2026

Order Dismissing Case

RECAP
69 June 11, 2026

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

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 30, 2023

Closing Date: June 11, 2026

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

State

Attorney General of Indiana

Executive Director of the Indiana Professional Licensing Agency

Members of the Indiana State Board of Funeral and Cemetery Service

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

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)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Counseling

Medical/Mental Health Care:

End of life choice and DNR orders

Mental health care, general

Recommended Citation