Case: Doe v. Indiana

1:20-cv-03247 | U.S. District Court for the Southern District of Indiana

Filed Date: Dec. 21, 2020

Closed Date: May 1, 2023

Clearinghouse coding complete

Case Summary

This case concerns a constitutional challenge to Indiana’s state laws on tissue disposition which require healthcare facilities to dispose of embryonic and fetal tissue from an abortion or miscarriage management procedure like that of a person’s remains (i.e., cremation or interment). On December 21, 2020, plaintiffs — a group of private individuals who had an aspiration abortion and healthcare professionals — filed this lawsuit in the U.S. District Court for Southern District of Indiana. Under…

This case concerns a constitutional challenge to Indiana’s state laws on tissue disposition which require healthcare facilities to dispose of embryonic and fetal tissue from an abortion or miscarriage management procedure like that of a person’s remains (i.e., cremation or interment). On December 21, 2020, plaintiffs — a group of private individuals who had an aspiration abortion and healthcare professionals — filed this lawsuit in the U.S. District Court for Southern District of Indiana. Under 42 U.S.C. § 1983, the plaintiffs sued the State of Indiana, Marion County, the Indiana Department of Health, as well as the state’s Medical Licensing Board and Board of Nursing. Represented by The Lawyering Project and Yale Law School’s Reproductive Rights and Justice Project Clinic, the plaintiffs sought to enjoin Indiana’s tissue disposition laws, a declaration that the disposition laws were unconstitutional, and an award of attorney’s fees. Plaintiffs claimed that the tissue disposition laws violated both the First and Fourteenth Amendments by compelling abortion and miscarriage patients to act in compliance with the state’s views of personhood, regardless of their personal or religious beliefs. An amended complaint soon followed on May 6, 2021, removing one of the healthcare provider plaintiffs.

Indiana originally enacted the tissue disposition laws in 2014, giving miscarriage patients the right to arrange a burial or cremation following pregnancy loss. This was expanded to abortion patients in 2015. In 2016, and again in 2020, Indiana adopted requirements that prohibited standard medical disposition of embryonic and fetal tissue as an option for healthcare facilities. Rather, the new versions of the tissue disposition laws mandated that patients cremate or inter the tissue, making it more burdensome for patients to choose a disposition method that does not signify personhood. The laws further required abortion and miscarriage patients to receive mandatory counseling regarding their disposition options, though ultimately misleading patients that their only options are burial or cremation, rather than medical waste disposal. Plaintiffs contended that the disposition laws a) violated the Due Process clause of the Fourteenth Amendment by imposing an undue burden on access to abortion and miscarriage treatment services; b) violated the Equal Protection clause of the Fourteenth amendment by treating patients and healthcare providers seeking to dispose of human tissue from abortion or miscarriage management procedures differently from those seeking to dispose of human tissue from IVF or other surgical procedures; c) violated the Free Speech clause of the First Amendment by coercing patients and medical providers in engaging in speech and expressive conduct to which they object; and d) violated the Establishment and Free Exercise clauses of the First Amendment by advancing and coercing patients and providers to advance a religious belief regarding personhood. 

The case was assigned to Magistrate Judge Mark J. Dinsmore. The case before the court is related to Planned Parenthood of Ind. & Ky., Inc. v. Comm'r of Ind. State Dep't of Health, which challenged the 2016 version of the disposition laws. 

Following the close of discovery, the plaintiffs filed a motion for summary judgment on January 7, 2022 and defendants filed a cross motion for summary judgment on February 18, 2022. On September 26, 2022 the District Court granted in part and denied in part both the motion and cross motion. First, the District Court held that Plaintiffs’ sincere religious and moral beliefs that fetal tissue is not equivalent to a person and should be disposed of as medical waste were burdened by the laws, violating the Free Exercise clause. Second, the District Court found that treating fetal tissue as medical waste is expressive conduct that receives First Amendment protection. By compelling the plaintiffs to show respect to fetal tissue that they do not want to respect, while also prohibiting them from speaking their message, Judge Dinsmore held that the fetal disposition requirements offended the Free Speech Clause. Third, since the fetal disposition and disclosure requirements did not establish any religion, the District Court held that the laws did not violate the Establishment Clause. Fourth, given the Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, the District Court held the laws did not violate the Due Process Clause of the Fourteenth Amendment. Finally, the Court held there was no equal protection violation because the fetal disposition and disclosure requirements did not distinguish or exclude based on the exercise of a fundamental right. As a result, the District Court enjoined the fetal disposition laws from being administered in the state. 630 F.Supp.3d 1033. 

Four days later, the Defendants appealed to the US Court of Appeals for the Seventh Circuit. The Seventh Circuit outright reversed the District Court’s decision to grant a preliminary injunction, with instruction to dismiss the suit with prejudice. The Appellate Court held that there were no violations to the First Amendment for the Indiana laws do not require any woman who has obtained an abortion to violate any belief nor do they require any woman to speak or engage in expressive conduct. 54 F.4th 518. 

On January 6, 2023, per the Seventh Circuit’s instructions, the District Court vacated the injunction and dismissed the suit with prejudice.  On March 30, 2023, the plaintiffs filed a writ of certiorari at the U.S. Supreme Court, but the writ was denied on May 1, 2023. 143 S.Ct. 2437. The case is closed. 

Summary Authors

Kavitha Babu (1/29/2024)

Related Cases

Planned Parenthood of Indiana and Kentucky v. Commissioner, Indiana State Department of Health, Southern District of Indiana (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18762928/parties/doe-v-attorney-general-of-indiana/


Judge(s)
Attorney for Plaintiff

Engel, Michelle L. (Indiana)

Jack, Kathrine D. (Indiana)

Meyers, Hilarie M. (Indiana)

Attorney for Defendant

Fisher, Thomas M. (Indiana)

Holmes, Melinda Rebecca (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-03247

Complaint

Dec. 21, 2020

Dec. 21, 2020

Complaint
42

1:20-cv-03247

First Amended Complaint

Doe No. 1 v. Attorney General of Indiana

May 6, 2021

May 6, 2021

Complaint
98

1:20-cv-03247

Entry on Cross Motions for Summary Judgment

Doe v. Attorney General of Indiana

Sept. 26, 2022

Sept. 26, 2022

Order/Opinion

630 F.Supp.3d 630

18

22-02748

Opinion

Doe v. Rokita

U.S. Court of Appeals for the Seventh Circuit

Nov. 28, 2022

Nov. 28, 2022

Order/Opinion

54 F.4th 54

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18762928/doe-v-attorney-general-of-indiana/

Last updated March 26, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6333980) (Attachments: # 1 Civil Cover Sheet)(Jack, Kathrine) (Entered: 12/21/2020)

1 Civil Cover Sheet

View on PACER

Dec. 21, 2020

Dec. 21, 2020

Clearinghouse
2

NOTICE of Appearance by Kathrine D. Jack on behalf of Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Jack, Kathrine) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
3

Corporate Disclosure Statement by WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Jack, Kathrine) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
4

NOTICE of Appearance by Stephanie Toti on behalf of Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Toti, Stephanie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
5

MOTION for Attorney(s) Melissa Shube to Appear pro hac vice (Filing fee $100, receipt number 0756-6334190), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Toti, Stephanie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
6

MOTION for Attorney(s) Sneha Shah to Appear pro hac vice (Filing fee $100, receipt number 0756-6334249), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Toti, Stephanie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
7

MOTION for Attorney(s) Priscilla Joyce Smith to Appear pro hac vice (Filing fee $100, receipt number 0756-6334332), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Toti, Stephanie) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
8

MOTION for Leave to Proceed Under Pseudonym, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE. (Attachments: # 1 Text of Proposed Order)(Jack, Kathrine) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
9

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
10

MOTION for Attorney(s) Michelle L. Engel to Appear pro hac vice (Filing fee $100, receipt number 0756-6336711), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Toti, Stephanie) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
11

ORDER granting 5 Motion to Appear pro hac vice. Attorney Melissa C. Shube for JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY and WOMEN'S MED GROUP PROFESSIONAL CORPORATION added. Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2020. (SWM) Modified on 12/28/2020 (SWM). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
12

ORDER granting 6 Motion to Appear pro hac vice. Attorney Sneha Shah for JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY and WOMEN'S MED GROUP PROFESSIONAL CORPORATION added. Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2020. (SWM) Modified on 12/28/2020 (SWM). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
13

ORDER granting 7 Motion to Appear pro hac vice. Attorney Priscilla Joyce Smith for JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY and WOMEN'S MED GROUP PROFESSIONAL CORPORATION added. If not already registered with the Court's Electronic Filing System, Priscilla Joyce Smith is ordered to register within ten (10) days of the entry of this order. Copy to Priscilla Joyce Smith via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2020. (SWM) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
14

ORDER granting 10 Motion to Appear pro hac vice. Attorney Michelle L. Engel for JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL and CASSIE HERR added. Within ten days of the entry of this order, Michelle L. Engel is ordered to register with the Court's Electronic Filing System, or if already registered, file a Notice of Change of Attorney Information consistent with the contact information above. Copy to Michelle L. Engel via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/4/2021. (SWM) (Entered: 01/05/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
15

ORDER taking under advisement Plaintiffs' 8 Motion for Leave to Proceed Under Pseudonym. Plaintiffs have not complied with requirement (a) of Local Rule 10-1. Therefore, Plaintiffs are hereby ordered to file under seal a Notice of Intention that includes the true names of Jane Doe No. 1, Jane Doe No. 2, and Jane Doe No. 3 by Monday, January 11, 2021. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 1/7/2021. (SWM) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
16

SEALED Notice of Intention to Seek Leave to Proceed Under Pseudonym, re 8 Motion (Other), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Toti, Stephanie) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
17

ORDER granting 8 Plaintiffs' Motion for Leave to Proceed Under Pseudonym. Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2021. (CBU) (Entered: 01/12/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
18

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
19

NOTICE of Appearance by Kian J. Hudson on behalf of Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA. (Hudson, Kian) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
20

NOTICE of Appearance by Julia Catherine Payne on behalf of Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA. (Payne, Julia) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
21

WAIVER OF SERVICE Returned Executed, filed by KELLY MCKINNEY, JANE DOE(NO. 3), JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, CASSIE HERR. MEDICAL LICENSING BOARD OF INDIANA waiver sent on 1/8/2021. (Toti, Stephanie) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
22

NOTICE of Appearance by Rupali Sharma on behalf of Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
23

WAIVER OF SERVICE Returned Executed, filed by KELLY MCKINNEY, JANE DOE(NO. 3), WOMEN'S MED GROUP PROFESSIONAL CORPORATION, JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, CASSIE HERR. MARION COUNTY PROSECUTOR waiver sent on 1/8/2021. (Shube, Melissa) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
24

WAIVER OF SERVICE Returned Executed, filed by KELLY MCKINNEY, JANE DOE(NO. 3), WOMEN'S MED GROUP PROFESSIONAL CORPORATION, JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, CASSIE HERR. COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH waiver sent on 1/8/2021. (Shube, Melissa) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
25

WAIVER OF SERVICE Returned Executed, filed by KELLY MCKINNEY, JANE DOE(NO. 3), WOMEN'S MED GROUP PROFESSIONAL CORPORATION, JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, CASSIE HERR. ATTORNEY GENERAL OF INDIANA waiver sent on 1/8/2021. (Shube, Melissa) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
26

WAIVER OF SERVICE Returned Executed, filed by KELLY MCKINNEY, JANE DOE(NO. 3), WOMEN'S MED GROUP PROFESSIONAL CORPORATION, JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, CASSIE HERR. INDIANA STATE BOARD OF NURSING waiver sent on 1/8/2021. (Shube, Melissa) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
27

NOTICE of Parties' First Extension of Time re, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
28

SCHEDULING ORDER: Initial Pretrial Conference set for 4/15/2021 04:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") on or before April 12, 2021. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/12/2021.(SWM) (Entered: 02/16/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
29

Joint MOTION for Entry of Proposed Scheduling Order, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
30

ORDER - This matter is before the Court on the parties' Motion for Entry of Joint Proposed Scheduling Order. [Dkt. 29 .] The motion seeks the entry of a briefing schedule for an as-yet-unfiled motion to dismiss. The request to set a deadline for the motion to be filed is moot as Defendants already have a deadline of April 6, 2021 to respond to the Complaint by motion or responsive pleading. [Dkt. 27 .] The Court is disinclined to enlarge the deadlines to respond to a motion that has not even been filed. Accordingly, the parties' motion [Dkt. 29 ] is DENIED. The Court and parties can discuss any possible enlargement of time to respond to such motion, once filed, during the April 15, 2021 initial pretrial conference. [Dkt. 28 .] Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2021. (SWM) (Entered: 02/25/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
31

ANSWER to 1 Complaint and Statement of Affirmative Defenses, filed by All Defendants.(Fisher, Thomas) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
32

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION . (Sharma, Rupali) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
34

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 4/15/2021.(SWM) (Entered: 04/16/2021)

April 15, 2021

April 15, 2021

PACER
35

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 4/15/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 5/21/2021 at 4:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/19/2021)

April 15, 2021

April 15, 2021

PACER
36

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/7/2022. Discovery due by 12/10/2021. Signed by Magistrate Judge Mark J. Dinsmore on 4/15/2021.(CBU) (Entered: 04/20/2021)

April 15, 2021

April 15, 2021

PACER
37

Witness List (Preliminary), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
38

Exhibit List (Preliminary), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
39

Unopposed MOTION To Add And Dismiss Parties, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
40

Witness List Preliminary, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, Exhibit List Preliminary, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
41

ORDER ON UNOPPOSED MOTION TO ADD AND DISMISS PARTIES - This matter is before the Court on Plaintiffs' Unopposed Motion to Add and Dismiss Parties [Dkt. 39 ]. Plaintiffs report that one of the Plaintiffs, Cassie Herr, N.P., wishes to dismiss her claims in this case and that Plaintiffs wish to "add the Individual Members of the Medical Licensing Board of Indiana in their official capacities and the Individual Members of the Indiana State Board of Nursing in their official capacities as defendants" in this case. Id. However, Plaintiffs do not identify the individual board members whom she wishes to sue. In any event, the Court finds that the most appropriate way to accomplish what Plaintiffs wish to accomplish is for Plaintiffs to file an amended complaint that omits Ms. Herr as a plaintiff and adds the board members as defendants. Accordingly, Plaintiffs' motion is GRANTED IN PART, in that Plaintiffs are granted leave to file such an amended complaint within seven days of the date of this Order. Plaintiffs may simply file the amended complaint; it need not be accompanied by a motion for leave. The Clerk is directed to terminate Cassie Herr, N.P. as a Plaintiff if she is not included in the amended complaint. Signed by Magistrate Judge Mark J. Dinsmore on 5/4/2021. (SWM) (Entered: 05/05/2021)

May 4, 2021

May 4, 2021

PACER
42

AMENDED COMPLAINT (First) against ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, MARION COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, filed by KELLY MCKINNEY, JANE DOE(NO. 3), WOMEN'S MED GROUP PROFESSIONAL CORPORATION, JANE DOE(NO. 2), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL.(Sharma, Rupali) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

Clearinghouse
43

Defendants' ANSWER to 42 Amended Complaint and Statement of Affirmative Defenses to Plaintiffs' First Amended Complaint, filed by All Defendants.(Fisher, Thomas) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
44

NOTICE of Appearance by Robert Austin Rowlett on behalf of Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Rowlett, Robert) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
46

MOTION for Protective Order, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, Protective Order)(Sharma, Rupali) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
47

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/21/2021. Parties discussed status of discovery. Telephonic Status Conference set for 6/29/2021 at 11:00 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/06/2021)

May 24, 2021

May 24, 2021

PACER
48

UNIFORM PROTECTIVE ORDER 46 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2021.(SWM) (Entered: 06/08/2021)

June 7, 2021

June 7, 2021

PACER
50

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/29/2021. Parties discussed status of discovery. Telephonic Status Conference set for 8/20/2021 at 3:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 07/09/2021)

June 29, 2021

June 29, 2021

PACER
51

Joint MOTION to Amend/Correct 36 Order: Case Management Plan, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Order Granting Joint Motion to Amend Case Management Plan)(Rowlett, Robert) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
53

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/20/2021. Parties discussed status of discovery. Parties' Joint Motion to Amend Case Management Plan 51 is GRANTED. Paragraph III(F) of approved Case Management Plan ( 36 at 4) is hereby amended. Telephonic Status Conference set for 10/4/2021 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/25/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
54

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Rupali Sharma hereby notifies the Clerk of the court of changed contact information. (Change of Address) (Sharma, Rupali) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
56

MOTION to Amend/Correct 36 Order: Case Management Plan, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Order to Amend Case Management Plan)(Rowlett, Robert) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
57

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/4/2021. Parties discussed status of discovery. Defendants' unopposed Motion to Amend Case Management Plan 56 is GRANTED. Paragraph III(F) of approved Case Management Plan as amended ( 36 at 4; 53 ) is further amended. Telephonic Status Conference set for 10/21/2021 at 4:45 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/11/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
58

Witness List and Exhibit List, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
59

Witness List (Final), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
60

Exhibit List (Final), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
62

NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Holmes, Melinda) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
63

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/21/2021. Parties discussed status of discovery. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/26/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
64

Witness List (First Amended Final), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
65

Unopposed MOTION To Dismiss Party, filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
66

MOTION for Attorney(s) Juanluis Rodriguez to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6843134), filed by Plaintiffs JANE DOE, JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
67

ORDER granting 65 Unopposed Motion to Dismiss Party - Plaintiffs, having filed their Unopposed Motion to Dismiss Party, and the Court having read the motion and being duly advised finds that good cause exists to grant the motion, and, IT IS THEREFORE ORDERED that Jane Doe No. 2 is dismissed as a party in the case. Signed by Judge Richard L. Young on 11/16/2021. (AAS) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
68

ORDER granting 66 Motion to Appear pro hac vice. Attorney Juanluis Rodriguez for JANE DOE, JANE DOE, WILLIAM MUDD, MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY and WOMEN'S MED GROUP PROFESSIONAL CORPORATION added. Signed by Magistrate Judge Mark J. Dinsmore on 11/18/2021. (SWM) (Entered: 11/19/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
69

Unopposed MOTION to Amend/Correct 36 Order: Case Management, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
70

SCHEDULING ORDER: This matter comes before the Court on Plaintiff's Unopposed Motion to Amend Case Management Plan. Dkt. 69 . The Court will conduct a hearing on the motion at 10:30 a.m. (Eastern) on Wednesday, December 1, 2021. Counsel shall attend the hearing by calling 877-873-8018. Callers will be required to enter Access Code 5419220 and Security Code 20324. Signed by Magistrate Judge Mark J. Dinsmore on 11/30/2021.(NLR) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
71

MOTION to Withdraw Attorney Appearance, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Hudson, Kian) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
72

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 12/1/2021 re 69 Plaintiffs' Unopposed Motion to Amend Case Management Plan. During hearing, parties confirmed that only enlargement required was 30-day enlargement for Plaintiffs to respond to Defendants' outstanding discovery requests. That request is granted without objection from Defendants; Plaintiffs shall respond to Defendants' outstanding interrogatories & request for production on or before 1/5/2022. Parties confirmed that no other enlargement is required. Accordingly, Plaintiffs' motion 69 is DENIED. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 12/02/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
73

ORDER granting 71 Motion to Withdraw Attorney Appearance. Attorney Kian J. Hudson withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 12/2/2021. (SWM) (Entered: 12/03/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
74

Statement Of Claims by JANE DOE(NO. 3), JANE DOE(NO. 1), WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER
75

Statement of Defenses by All Defendants. (Fisher, Thomas) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
76

MOTION for Summary Judgment, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
77

BRIEF/MEMORANDUM in Support re 76 MOTION for Summary Judgment, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Appendix To Plaintiffs' Memorandum of Law)(Sharma, Rupali) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
78

MOTION for Attorney(s) Tanya Pellegrini to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6925761), filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
79

ORDER granting 78 Motion to Appear pro hac vice. Attorney Tanya Pellegrini for JANE DOE, JANE DOE, WILLIAM MUDD, MARTIN HASKELL and CASSIE HERR added. Copy to Tanya Pellegrini via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/14/2022. (SWM) (Entered: 01/18/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
80

Unopposed MOTION to Modify Case Management Plan, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Granting Motion to Amend Case Management Plan)(Fisher, Thomas) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
81

ORDER granting Defendants' 80 Motion to Modify Case Management Plan - Plaintiffs shall file any dispositive motion on or before January 7, 2022; Defendants shall respond to Plaintiffs' dispositive motion, and shall include any cross-dispositive motion, on or before February 18, 2022; Plaintiffs shall respond to Defendants' cross-dispositive motion, and shall include any reply in support of Plaintiffs' dispositive motion, on or before March 18, 2022; Defendants shall file any reply in support of their cross-dispositive motion on or before April 1, 2022. All other requirements of the approved Case Management Plan as amended [Dkts. 36, 53, & 57] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/27/2022.(SWM) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
82

MOTION for Summary Judgment, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit 1- Abortion Disposition Log, # 2 Exhibit 2 - Disposition of Aborted Fetus Certification, # 3 Exhibit 3 - Expert Declaration of Farr Curlin, # 4 Exhibit 4 - Declaration of Priscilla K. Coleman, # 5 Exhibit 5 - Excerpts from Deposition of Katrina Kimport, # 6 Exhibit 6 - Excerpts from Deposition of Rebecca Todd Peters, # 7 Exhibit 7 - Excerpts from Deposition of Jane Hartsock, # 8 Exhibit 8 - Excerpts from Deposition of Jane Maienschein, # 9 Exhibit 9 - Indianapolis Star Article (Oct. 10, 2019), # 10 Exhibit 10 - South Bend Tribune Article (Sept. 15, 2019), # 11 Exhibit 11 - Declaration of Serena Dyksen, # 12 Exhibit 12 - Excerpts from Deposition of William Haskell, # 13 Exhibit 13 - Excerpts from Deposition of Jane Doe 1, # 14 Exhibit 14 - Excerpts from Deposition of Jane Doe 3, # 15 Exhibit 15 - Excerpts from Deposition of Kelly McKinney)(Fisher, Thomas) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
83

BRIEF/MEMORANDUM in Support re 82 MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
84

RESPONSE in Opposition re 82 MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion tor Summary Judgment, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Appendix (Supplemental Appendix))(Sharma, Rupali) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
85

Unopposed MOTION for Extension of Time to File Reply re 82 MOTION for Summary Judgment, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
86

ORDER granting Defendants' 85 Unopposed MOTION for Extension of Time to File Reply to 4/15/2022 re 82 MOTION for Summary Judgment. Signed by Magistrate Judge Mark J. Dinsmore on 3/29/2022. (SWM) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
87

REPLY in Support of Motion re 82 MOTION for Summary Judgment, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
88

MOTION To Exclude Expert Testimony, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Exhibit A - Excerpts of Deposition Transcript of Priscilla Coleman, # 2 Exhibit B - Expert Report of Katrina Kimport, Ph.D., # 3 Text of Proposed Order Granting Plaintiffs' Motion to Exclude Expert Testimony)(Sharma, Rupali) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
89

BRIEF/MEMORANDUM in Support re 88 MOTION To Exclude Expert Testimony, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Sharma, Rupali) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
90

Unopposed MOTION for Extension of Time to File Response to July 1, 2022 re 88 MOTION To Exclude Expert Testimony, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Fisher, Thomas) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
91

ORDER - This matter is before the Court on Defendants' Unopposed Motion to Extend Deadlines. [Dkt. 90 ]. The Court, being duly advised, hereby GRANTS the motion. On or before July 1, 2022, Defendants shall file a response to Plaintiffs' Motion to Exclude Expert Testimony. On or before July 22, 2022, Plaintiffs shall file a reply in support of their Plaintiffs' Motion to Exclude Expert Testimony. No further enlargement of these deadlines will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 5/27/2022. (SWM) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
92

MOTION for Attorney(s) Hilarie M. Meyers to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7142655), filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
93

ORDER granting 92 Motion to Appear pro hac vice. Attorney Hilarie M. Meyers for JANE DOE, JANE DOE, WILLIAM MUDD, MARTIN HASKELL, CASSIE HERR, KELLY MCKINNEY, and WOMEN'S MED GROUP PROFESSIONAL CORPORATION added. Copy to Hilarie M. Meyers via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/13/2022. (SWM) Modified on 6/13/2022 (SWM). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
94

RESPONSE in Opposition re 88 MOTION To Exclude Expert Testimony, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit A - Additional Excerpts from Deposition of Dr. Priscilla K. Coleman)(Rowlett, Robert) (Entered: 07/01/2022)

1 Exhibit A - Additional Excerpts from Deposition of Dr. Priscilla K. Coleman

View on PACER

July 1, 2022

July 1, 2022

PACER
95

Reply in Support of Motion

July 23, 2022

July 23, 2022

PACER
96

MOTION to Withdraw Attorney Appearance, filed by Plaintiffs JANE DOE, JANE DOE, WILLIAM MUDD MARTIN HASKELL, KELLY MCKINNEY, WOMEN'S MED GROUP PROFESSIONAL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Sharma, Rupali) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
97

ORDER granting Plaintiffs' 96 Motion to Withdraw Attorney Appearance. Attorney Hilarie M. Meyers withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 9/12/2022. (SWM) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
98

ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT - The court GRANTS in part and DENIES in part Plaintiffs' Motion for Summary Judgment 76 and GRANTS in part and DENIES in part Defendants' Cross-Motion for Summary Judgment 82 . Plaintiff's Motion to Exclude Expert Testimony 88 is DENIED as moot. The disposition of these claims are as follows: The court DENIES Plaintiffs' Motion for Summary Judgment and GRANTS Defendants' Motion for Summary Judgment with respect to Count I (Due Process). The court DENIES Plaintiffs' Motion for Summary Judgment and GRANTS Defendants' Motion for Summary Judgment with respect to Count II (Equal Protection). The court GRANTS Plaintiffs' Motion for Summary Judgment and DENIES Defendants' Motion for Summary Judgment with respect to Count III (Free Speech).The court DENIES Plaintiffs' Motion for Summary Judgment and GRANTS Defendants' Motion for Summary Judgment with respect to Count IV (Establishment Clause). The court GRANTS Plaintiffs' Motion for Summary Judgment and DENIES Defendants' Motion for Summary Judgment with respect to Count V (Free Exercise). SEE ORDER. Signed by Judge Richard L. Young on 9/26/2022. (JRB) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

Clearinghouse
99

ORDER ENJOINING ENFORCEMENT OF THE FETAL DISPOSITION AND DISCLOSURE REQUIREMENTS - SEE ORDER. Signed by Judge Richard L. Young on 9/26/2022.(JRB) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
100

FINAL JUDGMENT - In today's Entry, the court granted partial summary judgment for Plaintiffs and granted partial summary judgment for Defendants. In doing so, the court resolved all of the claims at issue in the case. Accordingly, the court now enters final judgment in favor of Plaintiffs and against Defendants on Counts III and V and enters final judgment in favor of Defendants and against Plaintiffs on Counts I, II, and IV. Signed by Judge Richard L. Young on 9/26/2022.(JRB) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
101

NOTICE OF APPEAL as to 99 Order, 100 Closed Judgment, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Filing fee $505, receipt number AINSDC-7303209) (Fisher, Thomas) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
102

DOCKETING STATEMENT by All Defendants re 101 Notice of Appeal (Fisher, Thomas) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
103

MOTION to Stay re 100 Closed Judgment, 99 Order, 98 Order on Motion for Summary Judgment Pending Appeal, filed by Defendants ATTORNEY GENERAL OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, MEDICAL LICENSING BOARD OF INDIANA, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
104

PARTIES' SHORT RECORD re 101 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
105

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 101 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
106

USCA Case Number 22-2748 for 101 Notice of Appeal filed by THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, INDIANA STATE BOARD OF NURSING, MARION COUNTY PROSECUTOR, THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF NURSING, MEDICAL LICENSING BOARD OF INDIANA, ATTORNEY GENERAL OF INDIANA. (LBT) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: Dec. 21, 2020

Closing Date: May 1, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(a) Private individuals who had an aspiration abortion and (b) medical professionals

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Indiana, State

Department of Health, State

Medical Licensing Board, State

Board of Nursing, State

Marion County (Marion), County

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: Substantive Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

State Statute Struck Down

Issues

Reproductive rights:

Disposal procedures