BASKIN et al v. BOGAN et al
| BONNIE EVERLY, PAMELA RUTH ELEASE EANES, DAWN LYNN CARVER, MARILYN RAE BASKIN, ESTHER FULLER, GLENN FUNKHOUSER, HENRY GREENE, LINDA JUDKINS, NIKOLE QUASNEY and AMY SANDLER |
| MICHAEL A. BROWN, PENNY BOGAN, PEGGY BEAVER, KAREN M. MARTIN, WILLIAM C. VANNESS and GREG ZOELLER |
| 1:2014cv00355 |
| March 10, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Richard L. Young |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
89
ORDER granting Plaintiffs' 38 Motion for Summary Judgment and denying Defendants' 55 Motion for Summary Judgment. Order also denies as moot Plaintiffs' 37 Motion to Consolidate Preliminary Injunction Proceedings with Final Trial on the Merits and denies as moot Defendants' 68 Motion for Stay of the Preliminary Injunction. (SEE ENTRY FOR DETAILS). Signed by Judge Richard L. Young on 6/25/2014. (TMD)
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Filing
65
ORDER granting 31 Plaintiffs' Motion for Preliminary Injunction - The court finds that the Plaintiffs, Amy, Niki, A.Q-S., and M.Q.-S., have satisfied their burden for a preliminary injunction. They have shown a reasonable likelihood of su ccess on the merits, irreparable harm with no adequate remedy at law, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the court GRANTS Plaintiffs' motion for a preliminary injuncti on (Filing No. 31 ). Defendants and all those acting in concert are ENJOINED from enforcing Indiana statute § 31-11-1-1(b) against recognition of Plaintiffs', Niki Quasney's and Amy Sandler's, valid out-of-state marriage; the State of Indiana must recognize their marriage. In addition, should Niki pass away in Indiana, the court orders William C. VanNess II, M.D., in his official capacity as the Commissioner of the Indiana State Department of Health and all those acti ng in concert, to issue a death certificate that records her marital status as "married" and lists Plaintiff Amy Sandler as the "surviving spouse." This order shall require that Defendant VanNess issue directives to local healt h departments, funeral homes, physicians, coroners, medical examiners, and others who may assist with the completion of said death certificate explaining their duties under the order of this court. This preliminary injunction will remain in force until the court renders judgment on the merits of the Plaintiffs' claims. The motion for preliminary injunctive relief from the unmarried Plaintiffs (Filing No. 35 ) is WITHDRAWN. ***SEE ORDER***. Signed by Judge Richard L. Young on 5/8/2014. (JKS)
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Filing
51
ORDER granting Plaintiffs Quasney and Sandler's 31 Motion for Temporary Restraining Order. Signed by Judge Richard L. Young on 4/18/2014. (TMD)
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