BERNARD, M.D. et al v. INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD et al
| CAITLIN BERNARD and KATHERINE McHUGH |
| INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD and MARION COUNTY PROSECUTOR |
| 1:2019cv01660 |
| April 25, 2019 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 50 TRANSCRIPT of Preliminary Injunction Hearing held on 6/3/19 before Judge Sarah Evans Barker. (66 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 7/22/2019. Release of Transcript Restriction set for 9/30/2019. (Howie-Walters, Laura) |
| Filing 49 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Sarah Evans Barker on 6/3/19 (Howie-Walters, Laura) |
Filing 48
ORDER GRANTING #6 Plaintiff's Motion for Preliminary Injunction. ***SEE ORDER FOR DETAILS*** Signed by Judge Sarah Evans Barker on 6/28/2019. (LDH)
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| Filing 47 ANSWER to #1 Complaint and STATEMENT OF AFFIRMATIVE DEFENSES, filed by INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR.(Fisher, Thomas) |
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Filing 46
ORDER - This matter is before the Court on Defendant's Motion to Strike Appearance [Dkt. 23]. Counsel for Defendant Marion County Prosecutor have withdrawn their appearances; therefore, Defendant's Motion to Strike is DENIED as MOOT. Signed by Judge Sarah Evans Barker on 6/13/2019. (CKM)
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| Filing 45 Minute Entry for hearing on Plaintiff's Motion for Preliminary Injunction [Dkt. 6] held before Judge Sarah Evans Barker on 6/3/2019. Parties appeared in person and by counsel. The Court granted Defendants' Motion for Leave to File Supplemental Declarations for Dr. Berry, M.D. and Dr. Coleman [Dkt. 44]. The Parties stipulated to the admission of exhibits already submitted to the Court. Plaintiffs' counsel presented their oral arguments. Defendants' counsel presented their oral arguments. The Court takes this matter under advisement. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH) Modified on 6/4/2019 (LDH). |
| Filing 44 MOTION for Leave to File Supplemental Declarations of Dr. Berry, M.D. and Dr. Coleman, filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 1 - Berry Supplemental Declaration, #2 Exhibit 2 - Coleman Supplemental Declaration, #3 Text of Proposed Order)(Fisher, Thomas) |
| Filing 43 REPLY in Support of Motion re #6 MOTION for Preliminary Injunction , filed by Plaintiff CAITLIN BERNARD. (Falk, Kenneth) |
| Filing 42 NOTICE of Filing of Additional Evidentiary Materials (Third) by All Plaintiffs (Attachments: #1 Exhibit 1 (Excerpts from Dep. of Dr. Christina Francis)) (Rose, Gavin) |
| Filing 41 NOTICE of Filing of Additional Evidentiary Materials (Second Notice) by CAITLIN BERNARD (Attachments: #1 Exhibit 1-Further excerpts deposition Dr. Coleman, #2 Exhibit 2-Further excerpts deposition Dr. Berry) (Falk, Kenneth) |
| Filing 40 NOTICE of Filing of Additional Evidentiary Materials by CAITLIN BERNARD (Attachments: #1 Exhibit 1-Rebuttal declaration Dr. Ralston, #2 Exhibit 2-Deposition excerpts Dr. Francis, #3 Exhibit 3-Rebuttal declaration Dr. Davis, #4 Exhibit 4-Deposition excerpts Dr. Coleman (Part 1), #5 Exhibit 4-Deposition excerpts Dr. Coleman (Part 2), #6 Exhibit 4-Deposition excerpts Dr. Coleman (Part 3), #7 Exhibit 4-Deposition excerpts Dr. Coleman (Part 4), #8 Exhibit 4-Deposition excepts Dr. Coleman (Part 5, #9 Exhibit 4- Deposition excerpts Dr. Coleman (Part 6), #10 Exhibit 5-Rebuttal declaration Dr. Bernard, #11 Exhibit 6-Deposition excerpts Dr. Berry) (Falk, Kenneth) |
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Filing 39
ORDER ON MOTION TO WITHDRAW APPEARANCE - Granting #28 Motion to Withdraw Attorney Appearance. Attorneys Daniel Bowman and Anne Celeste Harrigan withdrawn. Signed by Judge Sarah Evans Barker on 5/22/2019. (APD)
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Filing 38
ORDER - granting #37 Motion for Extension of Time to File Reply to 5/30/2019 re #6 MOTION for Preliminary Injunction . Signed by Judge Sarah Evans Barker on 5/21/2019. (CKM)
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| Filing 37 Unopposed MOTION for Extension of Time to File Reply to May 30, 2019, by close of business re #6 MOTION for Preliminary Injunction (SECOND MOTION), filed by Plaintiff CAITLIN BERNARD. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
| Filing 36 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Fisher, Thomas) |
| Filing 35 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 17 - Jackson, et al. Article, #2 Exhibit 18 - Molaei et al. Article)(Fisher, Thomas) |
| Filing 34 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Fisher, Thomas) |
| Filing 33 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 13 - Tocce et al. Article)(Fisher, Thomas) |
| Filing 32 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 9 - Grossman Article, #2 Exhibit 10 - Goyal Article, #3 Exhibit 11 - Barry Declaration)(Fisher, Thomas) |
| Filing 31 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 6 - Borgatta Article, #2 Envelope 7 - Vargas, Diedrich Article)(Fisher, Thomas) |
| Filing 30 EXHIBIT in Support of Response in Opposition to Motion re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 3 - Coleman Declaration, #2 Exhibit 4 - Harris Article)(Fisher, Thomas) |
| Filing 29 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Attachments: #1 Exhibit 1 - Lohr Article)(Fisher, Thomas) |
| Filing 28 First MOTION to Withdraw Attorney Appearance , filed by Defendant MARION COUNTY PROSECUTOR. (Attachments: #1 Text of Proposed Order)(Harrigan, Anne) |
| Filing 27 NOTICE of Appearance by Anne Celeste Harrigan on behalf of Defendant MARION COUNTY PROSECUTOR. (Harrigan, Anne) |
| Filing 26 NOTICE of Parties' First Extension of Time, filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Moers Davis, Diana) |
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Filing 25
ORDER - Plaintiffs, having filed their Unopposed Motion to Extend Time #20 to File Reply Memorandum, and the Court having reviewed the motion and being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that the time within which the plaintiffs must file their reply memorandum in support of their motion for preliminary injunction is extended to, and including, May 28, 2019. Signed by Judge Sarah Evans Barker on 5/14/2019. (CKM)
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| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION to Strike #19 Notice of Appearance of Daniel Bowman , filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Garn, Jefferson) |
| Filing 23 MOTION to Strike #19 Notice of Appearance of Daniel Bowman, filed by Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Garn, Jefferson) |
| Filing 22 NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Garn, Jefferson) |
| Filing 20 Unopposed MOTION for Extension of Time to File Reply to May 28, 2019 re #6 MOTION for Preliminary Injunction , filed by Plaintiffs CAITLIN BERNARD, KATHERINE McHUGH. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
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Filing 21
ORDER - Plaintiffs, having filed their Unopposed Motion to Dismiss Katherine McHugh, M.D. as one of the plaintiffs in this case, 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 Katherine McHugh, M.D., is dismissed as a plaintiff in this case. Signed by Judge Sarah Evans Barker on 5/10/2019.(CKM)
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| Filing 19 NOTICE of Appearance by Daniel Bowman on behalf of Defendant MARION COUNTY PROSECUTOR. (Bowman, Daniel) |
| Filing 18 NOTICE of Appearance by Julia Catherine Payne on behalf of Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Payne, Julia) |
| Filing 17 NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Fisher, Thomas) |
| Filing 16 NOTICE of Appearance by Christopher Michael Anderson on behalf of Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Anderson, Christopher) |
| Filing 15 NOTICE of Appearance by Diana Lynn Moers Davis on behalf of Defendants INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (Moers Davis, Diana) |
| Filing 14 RETURN of Service by CMRRR, filed by All Plaintiffs. MARION COUNTY PROSECUTOR served on 5/3/2019. (Falk, Kenneth) |
| Filing 13 RETURN of Service by CMRRR, filed by All Plaintiffs. INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD served on 5/2/2019. (Falk, Kenneth) |
| Filing 12 NOTICE of Filing of Declaration of Anne Davis, M.D., M.P.H. by All Plaintiffs (Attachments: #1 Declaration of Anne Davis, M.D., M.P.H.) (Falk, Kenneth) |
| Filing 11 Unopposed MOTION to Dismiss Katherine McHugh, M.D., as Plaintiff, filed by Plaintiffs CAITLIN BERNARD, KATHERINE McHUGH. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
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Filing 10
ORDER granting #8 Motion to Appear pro hac vice. Attorney Andrew Beck for CAITLIN BERNARD and KATHERINE McHUGH added. Signed by Magistrate Judge Debra McVicker Lynch on 5/7/2019. (SWM)
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| Filing 9 BRIEF/MEMORANDUM in Support re #6 MOTION for Preliminary Injunction , filed by Plaintiffs CAITLIN BERNARD, KATHERINE McHUGH. (Attachments: #1 Exhibit Declaration of Dr. Bernard)(Falk, Kenneth) |
| Filing 8 MOTION for Attorney(s) Andrew Beck to Appear pro hac vice (Filing fee $100, receipt number 0756-5412468), filed by Plaintiffs CAITLIN BERNARD, KATHERINE McHUGH. (Attachments: #1 Exhibit (Certification of Andrew Beck), #2 Text of Proposed Order)(Rose, Gavin) |
| Filing 7 NOTICE of Hearing and Briefing Schedule; The following briefing schedule is established concerning the plaintiffs' Motion for Preliminary Injunction. Plaintiffs shall file their memorandum in support by May 3, 2019. Defendants shall file their response by May 17, 2019. Plaintiffs shall file their reply memorandum by May 24, 2019. Motion Hearing set for 6/3/2019 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 4/29/2019. Copies Mailed(CKM) |
| Filing 6 MOTION for Preliminary Injunction , filed by Plaintiffs CAITLIN BERNARD, KATHERINE McHUGH. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 Summons Issued as to INDIVIDUAL MEMBERS OF THE INDIANA MEDICAL LICENSING BOARD, MARION COUNTY PROSECUTOR. (REO) |
| Filing 3 NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs CAITLIN BERNARD, M.D., KATHERINE McHUGH, M.D.. (Falk, Kenneth) |
| Filing 2 NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs CAITLIN BERNARD, M.D., KATHERINE McHUGH, M.D.. (Rose, Gavin) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief/Challenge to Constitutionality of Indiana Statute against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5398495) (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Falk, Kenneth) |
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