WHOLE WOMAN'S HEALTH ALLIANCE et al v. HILL et al
| ALL-OPTIONS, INC., JEFFREY GLAZER and WHOLE WOMAN'S HEALTH ALLIANCE |
| KRISTINA BOX, KENNETH P. COTTER, CURTIS T. HILL, JR. and JOHN STROBEL |
| 1:2018cv01904 |
| June 21, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Mark J. Dinsmore |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
473
ORDER - Upon remand of this action from the Seventh Circuit for further proceedings consistent with Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), the parties have jointly requested that the Court postpone further consi deration of the case until the conclusion of the special session of the Indiana General Assembly that is currently in progress as any new legislation on abortion enacted by the General Assembly, depending on its final form, could moot some or all of the issues in this case. The parties further request the Court grant them thirty days from the adjournment of the special session to confer regarding what issues remain to be addressed and, if necessary, submit a proposed briefing schedule to t he Court concerning those issues. Having considered the parties' request, we find it well-taken and, in the interest of judicial economy, hereby STAY these proceedings until the conclusion of the special session of the Indiana General Assembly that is currently in progress. The parties are ordered to file within thirty (30) days of the conclusion of that special session a joint report on the status of this litigation. Signed by Judge Sarah Evans Barker on 8/5/2022. (CKM)
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Filing
452
ORDER - DENYING 444 Motion to Amend/Correct; *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 11/18/2021. (CKM)
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Filing
437
ORDER DENYING MOTION TO STAY PENDING APPEAL - For the foregoing reasons, Defendants' motion for a stay pending appeal of our August 10, 2021 decision, including our findings of fact and conclusions of law on Plaintiffs' motion for permanent injunctive relief, is DENIED (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Sarah Evans Barker on 8/19/2021. (DWH)
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Filing
426
PERMANENT INJUNCTION - The Court orders as follows; Defendants and their respective agents, officers, employees, and successors, and all persons acting in concert with each or any of them or under their direction or control are hereby PERMANENTLY ENJOINED from implementing, enforcing, administering, invoking, or giving any effect to the following statutory and regulatory provisions *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 8/10/2021. (CKM)
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Filing
356
ORDER - GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO EXCLUDE. Plaintiffs' Motion to Exclude [Dkt. 273] is granted in part and denied in part. As explicated fully herein, the proposed testimony of the State's experts is limited as follows: Ms. Roth's opinions relating to women's motivations in obtaining abortions; the benefits of pregnancy and motherhood; and the mental health impacts of abortion are all excluded. Dr. Coleman's testimony relating to those studies that we have determined to reflect unreliable methodologies is excluded. Dr. Calhoun's testimony relating to his conclusions that abortion is disproportionately harmful to Black and older women as well as his opinion regard ing the value of pregnancy and motherhood to vulnerable women is excluded. Dr. Studnicki's testimony relating to the correlation between Indiana's adoption rate and its abortion rate is excluded. Dr. Kheriaty's testimony relating t o the medical accuracy or truthfulness of Indiana's mandatory disclosures and its Informed Consent Brochure is excluded. Any further testimony relating to those studies on mental health that we have determined to be unreliable is also excluded. (See Order.) Signed by Judge Sarah Evans Barker on 2/19/2021. (NAD)
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Filing
331
ORDER granting - Plaintiffs' Motion for Clarification [Dkt. 300] is granted to the extent that we offer the guidance and directives set forth herein. Signed by Judge Sarah Evans Barker on 1/26/2021. (SEE ORDER FOR DETAILS.) (LDH)
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Filing
304
ORDER granting in part and denying in part Defendant's 296 Motion to Amend/Correct Expert Disclosures - Defendants shall serve a revised supplemental report in compliance with this order no later than seven (7) days from the date of this order. By no later than January 15, 2021, Plaintiffs may conduct a second deposition of Dr. Studnicki, submit an amended rebuttal expert report, and file a supplemental motion to exclude testimony. Defendants shall have seven days to respond to any supplemental motion; Plaintiffs shall have three business days to reply. In light of the March 2, 2021, final pretrial conference, no extension of these deadlines will be granted. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 12/3/2020. (SWM)
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Filing
297
ORDER - granting in part and denying in part 213 Motion for Summary Judgment ; Summary Judgment is granted in favor of the State with respect to Plaintiffs' Fourteenth Amendment Substantive Due Process challenges outlined in Count I as they r elate to *** SEE ORDER *** The State's Motion for Summary Judgment is denied with respect to Plaintiffs' due process challenges in Count I relating to the following requirements and provisions. *** SEE ORDER *** Summary Judgment is granted in favor of the State with respect to Plaintiffs' claim that the Indiana abortion code constitutes impermissible gender discrimination in violation of the Fourteenth Amendment's Equal Protection Clause, as set out in Count II of the Complai nt. Summary judgment on Count II is denied in all other respects. Summary judgment is granted in favor of the State with respect to Plaintiffs' claims in Count III that the Indiana Code provisions relating to the disclosure of fetal tissue disp osal as well as the physical health risks contained in the Perinatal Hospice Brochure violate the First Amendment. Summary judgment is denied as to Court III in all other respects. Summary judgment in favor of the State on Plaintiffs' Vagueness Claims (Count IV) is granted. Signed by Judge Sarah Evans Barker on 10/9/2020. (CKM)
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Filing
270
ORDER ON MOTION TO DETERMINE THE SUFFICIENCY OF RESPONSES TO REQUESTS FOR ADMISSION: For the reasons set forth, Plaintiffs' Motion to Determine the Sufficiency of Defendants' Responses to Requests for Admission 246 is GRANTED. Defendants are ORDERED to provide complete and unequivocal answers to Plaintiffs' Requests for Admission Nos. 1-13, 16-18, 20, and 25 on or before March 13, 2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2020. (GD)
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Filing
261
ORDER - denying 249 Motion for Leave to Supplement the Record. Signed by Judge Sarah Evans Barker on 2/13/2020. *** SEE ORDER *** (CKM)
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Filing
247
ORDER - OVERRULING NON-PARTYS OBJECTION TO MAGISTRATE JUDGES ORDER ON MOTION TO QUASH re 229 ; Non-Party Marion Superior Courts Objection to the Magistrate Judges Order on Motion to Quash is OVERRULED. The request to certify the question of whether Indiana Code § 16-34-4-2(h) protects the spreadsheet is DENIED. Signed by Judge Sarah Evans Barker on 1/22/2020. (CKM)
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Filing
225
ORDER ON MOTION TO QUASH: This matter is before the Court on Non-Party Marion Superior Court's ("MSC") motion to quash. [Dkt. 210].For the reasons set forth, the motion is DENIED. MSC is ORDERED to produce the spreadsheet it has id entified as responsive to the Requests to Plaintiffs within seven days of the date of this Order. MSC shall redact from the spreadsheet all identifying information, including any names and cause numbers. *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Magistrate Judge Mark J. Dinsmore on 11/18/2019. (NLR)
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Filing
201
ORDER denying as unnecessary Plaintiffs' 192 Motion for Leave to Receive Non-Party Written Discovery Responses Outside Discovery Deadline. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2019. (SWM)
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Filing
173
ORDER ON PLAINTIFF'S 48 MOTION FOR CERTIFICATION OF A DEFENDANT CLASS - To add all 91 prosecutors to this case even as a class in an effort simply to fend off any possible prosecutions of plaintiffs during its pendency would unnecessarily encumber and significantly complicate the proceedings for no good and necessary reason. Thus, the Motion for Certification of a Defendant Class [Dkt. 48 is DENIED at this time. Should the situation change such that any particular county prosecut or(s) decide(s) to file or threaten(s) to file or does file a criminal prosecution against Plaintiffs during the pendency of this litigation, Plaintiffs' Motion can be renewed, and the ruling will be revisited by the court. (See Order.) Signed by Judge Sarah Evans Barker on 9/24/2019. (NAD)
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Filing
116
ORDER granting 76 Plaintiff's Motion for Preliminary Injunction. ***SEE ORDER FOR DETAILS*** Signed by Judge Sarah Evans Barker on 5/31/2019. (LDH)
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Filing
81
ORDER - denying 37 Motion to Dismiss for Failure to State a Claim. Signed by Judge Sarah Evans Barker on 3/28/2019. *** SEE ORDER *** (CKM)
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