7th Cir. 23-2366 Docket

K.C. v. Individual Members of the Medical Licensing Board
U.S. Court of Appeals for the Seventh, No. 23-2366
Appealed from S.D. Ind. 1:23-cv-00595

Argued February 16, 2024     AUDIO
Panel: Circuit Judges Kenneth F. Ripple, Michael B. Brennan and Candace Jackson-Akiwumi

Date Filed # Docket Text
07/12/2023 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 07/26/2023. Appellant’s brief due on or before 08/21/2023 for Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [1] [7322904] [23-2366] (ER) [Entered: 07/12/2023 12:42 PM]
07/12/2023 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast and Mosaic Health and Healing Arts, Inc.. [2] [7322908] [23-2366] (ER) [Entered: 07/12/2023 12:47 PM]
07/13/2023 3 Filed Seventh Circuit Transcript Information Sheet by Appellants Individual Members of the Medical Licensing Board of Indiana, Indiana Family and Social Services Administration, Todd Rokita, Lindsay Hyer and Daniel Rusyniak. [3] [7323184] [23-2366] (Franzen, Jodie) [Entered: 07/13/2023 12:54 PM]
07/13/2023 4 Added Attorney Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch, in case 23-2366 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Additional Parties: Lisa Welch; A.M.; Emily Morris; M.R.; Maria Rivera; Catherine Bast, M.D.; Mosaic Health and Healing Arts, Inc. [4] [7323223] (L-Yes; E-Yes; R-No) [23-2366]–[Edited 07/13/2023 by MAN to reflect addition of counsel] (Falk, Kenneth) [Entered: 07/13/2023 01:49 PM]
07/13/2023 5 ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which provides information concerning appellant jurisdiction. In the present case, appellants’ Circuit Rule 3(c) docketing statement fails to set forth the correct date of entry of the order appealed, a preliminary injunction. Appellants must provide the correct information. Accordingly, the appellants shall file a complete statement of jurisdiction that includes the correct date of the order granting a preliminary injunction. The statement is due on or before July 24, 2023. DW [5] [7323260] [23-2366] (CG) [Entered: 07/13/2023 02:37 PM]
07/13/2023 6 Appearance form filed by Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [6] [7323289] (L-No; E-Yes; R-No) [23-2366] [6] [7323289] [23-2366]–[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Barta, James) [Entered: 07/13/2023 03:22 PM]
07/13/2023 7 Appearance form filed by Attorney Melinda R. Holmes for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [7] [7323295] (L-No; E-Yes; R-No) [23-2366] [7] [7323295] [23-2366]–[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Holmes, Melinda) [Entered: 07/13/2023 03:26 PM]
07/13/2023 8 Appearance form filed by Attorney Razi S. Lane for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [8] [7323300] (L-No; E-Yes; R-No) [23-2366] [8] [7323300] [23-2366]–[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Lane, Razi) [Entered: 07/13/2023 03:32 PM]
07/13/2023 9 Motion by Appellees K.C. and M.W. to seal Disclosure Statement Containing Actual Names of Minor Plaintiffs (K.C., M.W., A.M., and M.R.). [9] NOTE: Access to this entry is limited to counsel of record. [7323359] [23-2366] (Falk, Kenneth) [Entered: 07/13/2023 05:45 PM]
07/14/2023 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gavin M. Rose for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. for Lisa Welch, Emily Morris, M.R., Maria Rivera, Catherine Bast, M.D., Mosaic Health and Healing Arts, Inc.. [10] [7323372] (L-No; E-Yes; R-No) [23-2366] [Edited 07/14/2023 by CG to reflect the addition of counsel.] (Rose, Gavin) [Entered: 07/14/2023 08:24 AM]
07/14/2023 11 Statement of Jurisdiction filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. Prior or Related proceedings: No. [11] [7323577] [23-2366] (Fisher, Thomas) [Entered: 07/14/2023 02:59 PM]
07/14/2023 12 Appearance form filed by Attorney Corrine Youngs for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [12] [7323595] (L-No; E-Yes; R-No) [23-2366] [Edited 07/14/2023 by CG to reflect the addition of counsel.] (Youngs, Corrine) [Entered: 07/14/2023 03:48 PM]
07/17/2023 13 ORDER re: Motion for leave to file appearance and disclosure statement containing actual name of minor plaintiffs under seal. The motion is GRANTED. The clerk of this court shall file instanter the attorney’s unredacted disclosure statement and maintain the statement under seal. See Cir. R. 26.1(b). [9]. JEH [13] [7323758] [23-2366] (HTP) [Entered: 07/17/2023 11:49 AM]
07/17/2023 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mr. Kenneth J. Falk for Appellees K.C., Nathaniel Clawson, Beth Clawson, M.W. and Ryan Welch, per 07/17/2023 order. [14] [7323763] [23-2366] (HTP) [Entered: 07/17/2023 11:59 AM]
07/19/2023 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stevie Pactor for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. for Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast, M.D., Mosaic Health and Healing Arts. [15] [7324347] (L-No; E-Yes; R-No) [23-2366] [15] [7324347] [23-2366]–[Edited 07/19/2023 by HTP to reflect addition of counsel.] (Pactor, Stevie) [Entered: 07/19/2023 01:56 PM]
07/25/2023 16 Motion filed by Attorney Razi Lane to withdraw as counsel for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [16] [7325522] [23-2366]–[Edited 07/25/2023 by CG to reflect attorney filer.] (Lane, Razi) [Entered: 07/25/2023 12:39 PM]
07/25/2023 17 Order issued GRANTING motion to withdraw as counsel and attorney Razi S. Lane may withdraw from further representation of appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration. Attorney Thomas M. Fisher will continue to serve as counsel of record for appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration. [16] CDH [17] [7325622] [23-2366] (ER) [Entered: 07/25/2023 04:31 PM]
08/21/2023 18 Submitted appellant brief by Thomas M. Fisher for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7331016] [23-2366] (Fisher, Thomas) [Entered: 08/21/2023 04:37 PM]
08/21/2023 19 Appellant’s brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. Appellee’s brief due on or before 09/20/2023 for Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Paper copies due on 08/28/2023. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [19] [7331036] [23-2366] (CAG) [Entered: 08/22/2023 08:29 AM]
08/23/2023 20 Paper copies of appellant brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [20] [7331386] [23-2366] (CAG) [Entered: 08/23/2023 11:36 AM]
08/23/2023 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Chase Strangio for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Additional Parties: Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast and Mosaic Health and Healing Arts, Inc.. [21] [7331544] (L-No; E-No; R-No) [23-2366] (Strangio, Chase) [Entered: 08/23/2023 04:45 PM]
08/25/2023 22 Submitted brief by Christopher Mills for amicus Family Research Council. Consent from all parties contained within brief. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7331875] [23-2366] (Mills, Christopher) [Entered: 08/25/2023 08:42 AM]
08/25/2023 23 Amicus brief filed by Amicus Curiae Family Research Council by consent. Paper copies due on 09/01/2023 [23] [7331998] [23-2366] (KRA) [Entered: 08/25/2023 11:48 AM]
08/28/2023 24 Submitted brief by John J. Bursch for amicus Alliance Defending Freedom. Consent from all parties contained within brief. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7332303] [23-2366] (Bursch, John) [Entered: 08/28/2023 02:12 PM]
08/28/2023 25 Paper copies of amicus brief filed by Amicus Curiae Family Research Council. [25] [7332325] [23-2366] (LJ) [Entered: 08/28/2023 02:44 PM]
08/28/2023 26 Submitted brief by Edmund G. LaCour Jr. for amicus States of Alabama, Arkansas, Tennessee, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. Federal or state filer (consent unnecessary). [26] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7332409] [23-2366] (LaCour, Edmund) [Entered: 08/28/2023 04:42 PM]
08/28/2023 27 Brief deficiency letter sent to Amicus Curiae Alliance Defending Freedom. [27] [7332469] [23-2366] (GW) [Entered: 08/29/2023 09:05 AM]
08/28/2023 28 Amicus brief filed by Amici Curiae State of Florida, Alaska, Tennessee, Arkansas, Alabama, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia, government filing, no consent necessary. Paper copies due on 09/05/2023 [28] [7332479] [23-2366] (GW) [Entered: 08/29/2023 09:23 AM]
08/28/2023 31 Amicus brief filed by Amicus Curiae Alliance Defending Freedom by consent. Paper copies due on 09/05/2023 [31] [7332568] [23-2366] (GW) [Entered: 08/29/2023 11:58 AM]
08/28/2023 32 Filed Appendix by Amicus Curiae Alliance Defending Freedom. [32] [7332569] Paper copies due on 09/05/2023 [23-2366]–[Edited 09/01/2023 by MAN: REPLACED, per the court’s 8/31/23 order] (GW) [Entered: 08/29/2023 11:59 AM]
08/29/2023 29 Re-Submitted brief by John J. Bursch for Amicus Curiae Alliance Defending Freedom. Consent from all parties contained within brief. [29] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7332522] [23-2366] (Bursch, John) [Entered: 08/29/2023 10:38 AM]
08/29/2023 30 Submitted Appendix by John J. Bursch for Amicus Curiae Alliance Defending Freedom. [30] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7332524] [23-2366] (Bursch, John) [Entered: 08/29/2023 10:40 AM]
08/29/2023 33 Motion filed by Amicus Curiae Alliance Defending Freedom to file Appendix as Multiple Volumes. [33] [7332616] [23-2366] (Bursch, John) [Entered: 08/29/2023 03:08 PM]
08/29/2023 34 Added Attorney Edmund G. LaCour Jr. for Amici Curiae State of Alaska, State of Arkansas, State of Florida, State of Tennessee and State of Alabama., in case 23-2366 per disclosure statement. Disclosure and appearance form filed by Attorney Edmund G. LaCour Jr. for Amici Curiae State of Alaska, State of Arkansas, State of Florida, State of Tennessee and State of Alabama. Additional Parties: States of Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. [34] [7332622] (L-Yes; E-Yes; R-No) [23-2366]–[Edited 08/29/2023 by MAN to reflect addition of counsel] (LaCour, Edmund) [Entered: 08/29/2023 03:18 PM]
08/29/2023 35 Added Attorney Alexander Barrett Bowdre for Amici Curiae State of Alabama, State of Alaska, State of Florida, State of Arkansas and State of Tennessee, in case 23-2366 per disclosure statement. Disclosure and appearance form filed by Attorney Alexander Barrett Bowdre for Amici Curiae State of Alabama, State of Alaska, State of Florida, State of Arkansas and State of Tennessee. Additional Parties: States of Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. [35] [7332626] (L-Yes; E-Yes; R-No) [23-2366]–[Edited 08/29/2023 by MAN to reflect addition of counsel] (Bowdre, Alexander) [Entered: 08/29/2023 03:23 PM]
08/29/2023 36 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Harper Seldin for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [36] [7332630] (L-No; E-No; R-No) [23-2366]–[Edited 08/30/2023 by FP to reflect that atty. Seldin is added to the docket.] (Seldin, Harper) [Entered: 08/29/2023 03:38 PM]
08/31/2023 37 ORDER re: Motion For Leave to Re-File Appendix to Amicus Brief of Alliance Defending Freedom as Multiple Volumes [33]. Because the paper copies of the separate appendix must be identical to the electronic submission, IT IS ORDERED that the motion is GRANTED to the extent that amicus curiae Alliance Defending Freedom shall electronically resubmit, by no later than 09/07/2023, the separate appendix in multiple volumes. This separate appendix will replace the single volume filed on 08/28/2023. The paper copies will be due within seven days of the Notice of Docket Activity generated upon the clerk’s acceptance of the appendix in multiple volumes. Counsel should take care to make sure that each volume of the separate appendix is uploaded as a single document with a cover page. For more information counsel may contact the clerk’s office. CDH [37] [7333055] [23-2366] (MAN) [Entered: 08/31/2023 08:44 AM]
08/31/2023 38 Submitted Appendix by John J. Bursch for Amicus Curiae Alliance Defending Freedom. [38] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7333206] [23-2366] (Bursch, John) [Entered: 08/31/2023 12:52 PM]
08/31/2023 39 Filed Appendix vols. I – III by Amicus Curiae Alliance Defending Freedom. Per order. [39] [7333231] Paper copies due on 09/07/2023 [23-2366] (GW) [Entered: 08/31/2023 02:30 PM]
09/06/2023 40 Paper copies of amicus brief and appendix vols. I – III filed by Amicus Curiae Alliance Defending Freedom. [40] [7333980] [23-2366] (CAH) [Entered: 09/06/2023 11:35 AM]
09/07/2023 41 Brief deficiency letter sent to Amici Curiae State of Alabama, State of Alaska, State of Arkansas and State of Tennessee. The Amicus brief was electronically filed on 08/28/2023. The paper copies of this brief were due to be submitted to the Clerk’s Office by 09/05/2023. The paper copies have not been received by this court. Paper copies due on 09/14/2023 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [41] [7334386] [23-2366] (KRA) [Entered: 09/07/2023 04:32 PM]
09/08/2023 42 Paper copies of amicus brief filed by Amici Curiae State of Alabama, State of Alaska, State of Arkansas, State of Florida and State of Tennessee. [42] [7334529] [23-2366] (CAG) [Entered: 09/08/2023 11:16 AM]
09/08/2023 43 Motion filed by Attorney Thomas M. Fisher for Appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak and Indiana Family and Social Services Administration to withdraw as counsel. [43] [7334553] [23-2366]–[Edited 09/08/2023 by PS – to reflect attorney motion filed.] (Fisher, Thomas) [Entered: 09/08/2023 12:20 PM]
09/09/2023 44 Motion filed by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch to strike appendix of amicus curiae Alliance Defending Freedom. [44] [7334647] [23-2366] (Rose, Gavin) [Entered: 09/09/2023 07:06 AM]
09/11/2023 45 ORDER re: Motion for leave to withdraw appearance. [43] The motion is GRANTED. Attorney Thomas M. Fisher may withdraw from further representation of appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration. Attorney James A. Barta will serve as counsel of record for the appellants.CDH [45] [7334687] [23-2366] (CG) [Entered: 09/11/2023 09:41 AM]
09/14/2023 46 Filed Response in Opposition by Amicus Curiae Alliance Defending Freedom to Motion to Strike Appendix of Amicus Curiae Alliance Defending Freedom. [46][7335792] [23-2366] (Bursch, John) [Entered: 09/14/2023 05:57 PM]
09/18/2023 47 ORDER: 1. Appellees’ motion to strike appendix of amicus curiae alliance defending freedom, filed on 9/9/2023. 2. Response to motion to strike appendix of amicus curiae alliance defending freedom, filed on 9/14/2023. The motion to strike is DENIED. [44] [46] LCE [47] [7336141] [23-2366] (FP) [Entered: 09/18/2023 10:36 AM]
09/20/2023 48 Submitted appellee brief by Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [48] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7336717] [23-2366] (Falk, Kenneth) [Entered: 09/20/2023 07:16 AM]
09/20/2023 49 NOTICE: Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak will not be available for oral argument December 6, 2023. Counsel also respectfully requests that the Court avoid scheduling argument in this appeal on the same day as argument in Bostic v. Vasquez, No. 23-1665, and Smiley v. Jenner, No. 23-2543, which are also pending before this Court.. [49] [7336720] [23-2366] (Barta, James) [Entered: 09/20/2023 08:32 AM]
09/20/2023 50 Appellee’s brief filed by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Paper copies due on 09/27/2023. Appellant’s reply brief, if any, is due on or before 10/11/2023 for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [50] [7336743] [23-2366] (GW) [Entered: 09/20/2023 09:18 AM]
09/21/2023 51 Paper copies of appellee brief filed by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [51] [7337007] [23-2366] (DAB) [Entered: 09/21/2023 09:15 AM]
09/26/2023 52 Submitted brief by D. Jean Veta for amicus American Academy of Pediatrics; Academic Pediatric Association; American Academy of Child & Adolescent Psychiatry; Association of American Medical Colleges; American Academy of Family Physicians; American Academy of Nursing; et al.. Consent from all parties contained within brief. [52] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338040] [23-2366] (Goldberg, Noah) [Entered: 09/26/2023 12:47 PM]
09/26/2023 53 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch will not be available for oral argument 2023: October 23-24, 27, 30, 31; November 1-3, 6-8, 14, 15; December 4-8; 2024: January 8-11, 22; February 5, 12. [53] [7338057] [23-2366] (Falk, Kenneth) [Entered: 09/26/2023 01:44 PM]
09/26/2023 54 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Adam G. Unikowsky for GLBTQ Advocates & Defenders (GLAD); National Center for Transgender Equality (NCTE); Trevor Project; Family Equality; Human Rights Campaign (HCR); National Center for Lesbian Rights (NCLR). [54] [7338073] (L-Yes; E-Yes; R-No) [23-2366] (Unikowsky, Adam) [Entered: 09/26/2023 02:14 PM]
09/26/2023 55 Amicus brief filed by Amici Curiae American Academy of Family Physicians, Association of American Medical Colleges, American Academy of Child & Adolescent Psychiatry, Academic Pediatric Association and American Academy of Pediatrics by consent. Paper copies due on 10/03/2023 [55] [7338136] [23-2366] (KRA) [Entered: 09/26/2023 03:29 PM]
09/26/2023 56 THE AMICUS BRIEF AT #55 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: American Academy of Nursing, American Association of Physicians for Human RIghts, Inc., GLMA: Health Professionals Advancing LGBTQ+ Equality, American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. [56] [7338142] [23-2366] (KRA) [Entered: 09/26/2023 03:35 PM]
09/27/2023 57 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan B. Miller, Aadika Singh, Eli Savit, and Victoria Burton-Harris for Local Governments and Local Government Officials. [57] [7338293] (L-Yes; E-Yes; R-No) [23-2366] (Miller, Jonathan) [Entered: 09/27/2023 10:47 AM]
09/27/2023 58 Motion filed by Appellants Individual Members of the Medical Licensing Board of Indiana, Todd Rokita, Indiana Family and Social Services Administration, Lindsay Hyer and Daniel Rusyniak to extend time to file Reply Brief. [58] [7338316] [23-2366] (Barta, James) [Entered: 09/27/2023 11:26 AM]
09/27/2023 59 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Katelyn Kang for Biomedical Ethics and Public Health Scholars. [59] [7338428] (L-Yes; E-Yes; R-No) [23-2366] (Kang, Katelyn) [Entered: 09/27/2023 12:59 PM]
09/27/2023 60 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Elizabeth R. Reinhardt, Kathleen Hartnett, Julie Veroff and Zoe Helstrom for Biomedical Ethics and Public Health Scholars. [60] [7338429] (L-No; E-No; R-No) [23-2366] (Kang, Katelyn) [Entered: 09/27/2023 01:06 PM]
09/27/2023 61 Submitted brief by Katelyn Kang, Elizabeth R. Reinhardt, Kathleen Hartnett, Julie Veroff and Zoe Helstrom for amicus Biomedical Ethics and Public Health Scholars. Consent from all parties contained within brief. [61] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338430] [23-2366] (Kang, Katelyn) [Entered: 09/27/2023 01:14 PM]
09/27/2023 62 Submitted brief by Kathleen Boergers for amicus State of California and 19 Other States. Federal or state filer (consent unnecessary). [62] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338433] [23-2366] (Boergers, Kathleen) [Entered: 09/27/2023 01:24 PM]
09/27/2023 63 Submitted brief by Jonathan B. Miller for amicus 81 Local Governments and Local Government Officials. Consent from all parties contained within brief. [63] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338435] [23-2366] (Miller, Jonathan) [Entered: 09/27/2023 01:46 PM]
09/27/2023 64 Amicus brief filed by Amici Curiae State of Hawaii, State of Delaware, State of Connecticut, State of Colorado and State of California and 19 Other States government filing, no consent necessary. Paper copies due on 10/04/2023 [64] [7338452] [23-2366] Date updated: 09/27/2023 (CAG) [Entered: 09/27/2023 02:24 PM]
09/27/2023 65 Amicus brief filed by Amici Curiae City of Chicago, Illinois, City of Boston, Massachusetts, City of Baltimore, Maryland, City of Ann Arbor, Michigan and 81 Local Governments and Local Government Officials by consent. Paper copies due on 10/04/2023 [65] [7338459] [23-2366] Date updated: 09/27/2023 (CAG) [Entered: 09/27/2023 02:28 PM]
09/27/2023 66 Amicus brief filed by Amici Curiae Lisa Ikemoto, Glenn Cohen, David Cohen, Khiara Bridges and Aziza Ahmed by consent. Paper copies due on 10/04/2023 [66] [7338469] [23-2366] (LJ) [Entered: 09/27/2023 02:37 PM]
09/27/2023 67 THE AMICUS BRIEF AT #66 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus brief, yet are not reflected on the Appellate docket/caption for administrative purposes: Yvonne Lindgren, Maya Manian, Michelle OBerman, Rachel Rebouche, Nadia Sawicki, Michael Ulrich, Dabney Evans, Charlene Galarneau, Jonna grossman, Elizabeth Kukura, Dara Purvis, Rachel Rebouch, Jessica Silbey and Ruqaiijah Yearby. [67] [7338476] [23-2366] (LJ) [Entered: 09/27/2023 02:44 PM]
09/27/2023 68 THE AMICUS BRIEF AT #65 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief, yet are not reflected on the Appellate docket/caption for administrative purposes: City of Columbus, Ohio; City of Madison, Wisconsin; City of Minneapolis, Minnesota; County of Monterey, California; City of New York, New York; City of Oakland, California; City of Pittsburgh, Pennsylvania; City of Portland, Oregon; City of Sacramento, California; City of Saint Paul, Minnesota; Travis County, Texas; and City of West Hollywood, California, and Washtenaw County Prosecuting Attorney’s Office. [68] [7338477] [23-2366] (CAG) [Entered: 09/27/2023 02:53 PM]
09/27/2023 69 THE AMICUS BRIEF AT #64 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus brief, yet are not reflected on the Appellate docket/caption for administrative purposes: Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia. [69] [7338480] [23-2366] (CAG) [Entered: 09/27/2023 02:59 PM]
09/27/2023 70 Submitted brief by Jonathan L. Backer for amicus United States. Federal or state filer (consent unnecessary). [70] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338515] [23-2366] (Backer, Jonathan) [Entered: 09/27/2023 04:19 PM]
09/27/2023 71 ORDER issued GRANTING motion to extend time to file appellants’ reply brief. [58] Appellants’ reply brief, if any, is due on or before 10/18/2023 for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. CDH [71] [7338516] [23-2366] (PS) [Entered: 09/27/2023 04:21 PM]
09/27/2023 72 Amicus brief filed by Amicus Curiae United States government filing, no consent necessary. Paper copies due on 10/04/2023 [72] [7338524] [23-2366] (CAG) [Entered: 09/27/2023 04:41 PM]
09/27/2023 73 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jesse Lempel and CJ Morrison for Conservative Legislators, Former Legislators, and Activists. [73] [7338536] (L-No; E-No; R-No) [23-2366]–[Edited 09/28/2023 by FP to reflect that attys. Lempel and Morrison are added to the docket.] (Lempel, Jesse) [Entered: 09/27/2023 05:34 PM]
09/27/2023 74 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brian T. Burgess for Conservative Legislators, Former Legislators, and Activists. [74] [7338537] (L-Yes; E-Yes; R-No) [23-2366] (Burgess, Brian) [Entered: 09/27/2023 05:40 PM]
09/27/2023 75 Submitted brief by Brian T. Burgess for amicus Conservative Legislators, Former Legislators, and Activists. Consent from all parties contained within brief. [75] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338538] [23-2366] (Burgess, Brian) [Entered: 09/27/2023 05:43 PM]
09/27/2023 76 Submitted brief by Gil McDonald for amicus Good Trouble Coalition Indiana, Inc.. Consent from all parties contained within brief. [76] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338540] [23-2366] (McDonald, Gil) [Entered: 09/27/2023 06:31 PM]
09/27/2023 77 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Carmine D. Boccuzzi, Jr. for Elliot Page, Rye D. Blum, Jennifer Finney Boylan, Precious Brady-Davis, Wen Brovold, Alejandra Caraballo, Jennifer Michelle Chavez, Lena Chipman, Destiny Clark, Naomi Clark, Carla Combs, Ryan Combs, Gibran Cuevas, Zackary Druker, Jack Einstein, Rhys Ernst. Additional Parties: Jackson L. Gates, Cecilia Gentili, Nick Gorton, Jamison Green, Oliver Hall, Gwendolyn Herzig, Ray Holloman, Abigail Jensen, Harvey Katz, Harper B. Keenan, Anna H. Lange, Adrien Lawyer, Elena Long, Beck Witt Major, Miss Major, Mickke Mananzala, Dion Manley. [77] [7338543] (L-Yes; E-Yes; R-No) [23-2366] (Boccuzzi, Carmine) [Entered: 09/27/2023 06:58 PM]
09/27/2023 78 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Howard S. Zelbo, JD Collavecchio, Adrian Gariboldi, Nathaniel Reynolds, Z. Gabriel Arkles, Sydney Duncan for Elliot Page, Rye D. Blum, Jennifer Finney Boylan, Precious Brady-Davis, Wen Brovold, Alejandra Caraballo, Jennifer Michelle Chavez, Lena Chipman, Destiny Clark, Naomi Clark, Carla Combs, Ryan Combs, Gibran Cuevas, Zackary Druker, Jack Einstein, Rhys Ernst. Additional Parties: Jackson L. Gates, Cecilia Gentili, Nick Gorton, Jamison Green, Oliver Hall, Gwendolyn Herzig, Ray Holloman, Abigail Jensen, Harvey Katz, Harper B. Keenan, Anna H. Lange, Adrien Lawyer, Elena Long, Beck Witt Major, Miss Major, Mickke Mananzala, Dion Manley. [78] [7338544] (L-No; E-No; R-No) [23-2366] (Boccuzzi, Carmine) [Entered: 09/27/2023 07:18 PM]
09/27/2023 79 Submitted brief by Andrew Rhys Davies for amicus Stonewall Equality Limited; Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL); Seta ry / Seta rf / Seta Lgbtiq Rights in Finland; Norwegian Organization for Sexual and Gender Diversity. Consent from all parties contained within brief. [79] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338545] [23-2366] (Davies, Andrew Rhys) [Entered: 09/27/2023 07:35 PM]
09/27/2023 80 Submitted brief by Adam G. Unikowsky for amicus GLBTQ Advocates & Defenders; Nat’l Women’s Law Ctr.; Nat’l Ctr. for Transgender Equality; Trevor Project; Family Equality; Human Rights Campaign Found.; Nat’l Ctr. for Lesbian Rights. Consent from all parties contained within brief. [80] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338546] [23-2366] (Unikowsky, Adam) [Entered: 09/27/2023 07:43 PM]
09/27/2023 81 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jocelyn A. Sitton for GLBTQ Advocates & Defenders; Nat’l Women’s Law Ctr.; Nat’l Ctr. for Transgender Equality; Trevor Project; Family Equality; Human Rights Campaign Found.; Nat’l Ctr. for Lesbian Rights. [81] [7338547] (L-No; E-Yes; R-No) [23-2366] (Unikowsky, Adam) [Entered: 09/27/2023 07:59 PM]
09/27/2023 82 Submitted brief by Carmine D. Boccuzzi, Jr. for amicus Elliot Page, Rye D. Blum, Jennifer Finney Boylan, Precious Brady-Davis, Wen Brovold, Alejandra Caraballo, Jennifer Michelle Chavez, Lena Chipman, Destiny Clark, Naomi Clark, Carla Combs, Ryan Combs, Gibran Cuevas, Zackary Druker, Jack Einstein, Rhys Ernst. Consent from all parties contained within brief. [82] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7338548] [23-2366] (Boccuzzi, Carmine) [Entered: 09/27/2023 09:20 PM]
09/27/2023 83 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Chasel Lee for GLBTQ Advocates & Defenders; Nat’l Women’s Law Ctr.; Nat’l Ctr. for Transgender Equality; Trevor Project; Family Equality; Human Rights Campaign Found.; Nat’l Ctr. for Lesbian Rights. [83] [7338549] (L-No; E-Yes; R-No) [23-2366] (Unikowsky, Adam) [Entered: 09/27/2023 09:34 PM]
09/27/2023 85 Amicus brief filed by Amici Curiae Australian Professional Association for Trans Health, Norwegian Organization for Sexual and Gender Diversity, Seta ry / Seta rf / Seta Lgbtiq Rights in Finland, Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Rights and Stonewall Equality Limited by consent. Paper copies due on 10/04/2023 [85] [7338574] [23-2366] (CAH) [Entered: 09/28/2023 09:01 AM]
09/27/2023 86 THE AMICUS BRIEF AT #85 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus brief, yet are not reflected on the Appellate docket/caption for administrative purposes: LGBT+ Denmark, Bundesverband Trans* e.V., Fundación Colectivo Hombres XX, AC, Professional Association for Transgender Health Aotearoa New Zealand [86] [7338578] [23-2366] (CAH) [Entered: 09/28/2023 09:07 AM]
09/27/2023 87 Amicus brief filed by Amicus Curiae Good Trouble Coalition Indiana, Inc. by consent. Paper copies due on 10/04/2023 [87] [7338584] [23-2366] (CAG) [Entered: 09/28/2023 09:15 AM]
09/27/2023 88 Amicus brief filed by Amici Curiae Wen Brovold, Precious Brady-Davis, Jennifer Finney Boylan, Rye D. Blum and Elliot Page by consent. Paper copies due on 10/04/2023 [88] [7338589] [23-2366] (CAG) [Entered: 09/28/2023 09:25 AM]
09/27/2023 89 THE AMICUS BRIEF AT #88 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief, yet are not reflected on the Appellate docket/caption for administrative purposes: Alejandra Caraballo, Jennifer Michelle Chavez, Lena Chipman, Destiny Clark, Naomi Clark, Carla Combs, Ryan Combs, Gibran Cuevas, Zackary Drucker, Jack Einstein, Rhys Ernst, Jackson L. Gates, Cecilia Gentili, Nick Gorton, Jamison Green, Oliver Hall, Gwendolyn Herzig, Ray Holloman, Abigail Jensen, Harvey Katz, Harper B. Keenan, Anna H. Lange, Adrien Lawyer, Elena Long, Beck Witt Major, Miss Major, Rickke Mananzala, Dion Manley, Anya Marino, Sarah McBride, Jessie Lee Ann McGrath, Ei Meeker, Chris Mosier, Shain M. Neumeier, Rebecca Oppenheimer, Elliot Page, Torrey Peters, Jacob Reilly, Jeani Rice-Cranford, Marisa Richmond, La Sarmiento, Devon Shanley, Ames Simmons, Nick Romano, Avy Skolnik, Daniel Soltis, Trent Sutherlin, Lilly Wachowski, Jillian Weiss, Fresh Lev White, Mallory Anna Wood, Gerda Zinner [89] [7338599] [23-2366] (CAG) [Entered: 09/28/2023 09:32 AM]
09/27/2023 90 Amicus brief filed by Amici Curiae National Center for Lesbian Rights, Human Rights Campaign Foundation, National Center for Transgender Equality, National Womens Law Center, GLBTQ Advocates & Defenders, The Trevor Project and Family Equality by consent. Paper copies due on 10/04/2023 [90] [7338609] [23-2366] (GW) [Entered: 09/28/2023 09:44 AM]
09/27/2023 91 Amicus brief filed by Amici Curiae Former Legislators and Activists and Conservative Legislators by consent. Paper copies due on 10/04/2023 [91] [7338614] [23-2366] (GW) [Entered: 09/28/2023 09:54 AM]
09/28/2023 84 Added Attorney Tovah R. Calderon for Amicus Curiae USA, in case 23-2366 per appearance form. Appearance form filed by Attorneys Jonathan L. Backer and Tovah R. Calderon for Amicus Curiae United States. [84] [7338557] (L-Yes; E-Yes; R-No) [23-2366]–[Edited 09/28/2023 by MAN to reflect the addition of counsel] (Backer, Jonathan) [Entered: 09/28/2023 08:16 AM]
09/28/2023 92 Paper copies of amicus brief filed by Amici Curiae Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Pediatrics and Association of American Medical Colleges. [92] [7338724] [23-2366] (CAH) [Entered: 09/28/2023 12:13 PM]
09/29/2023 93 Added Attorney Katelyn E. Doering for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Todd Rokita, Daniel Rusyniak and Individual Members of the Medical Licensing Board of Indiana, in case 23-2366 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Katelyn E. Doering for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Todd Rokita, Daniel Rusyniak and Individual Members of the Medical Licensing Board of Indiana. [93] [7338916] (L-No; E-Yes; R-No) [23-2366]–[Edited 09/29/2023 by MAN to reflect addition of counsel] (Doering, Katelyn) [Entered: 09/29/2023 09:15 AM]
09/29/2023 94 Paper copies of amicus brief filed by Amicus Curiae Good Trouble Coalition Indiana, Inc.. [94] [7338919] [23-2366] (CAG) [Entered: 09/29/2023 09:17 AM]
09/29/2023 95 Paper copies of amicus brief filed by Amici Curiae GLBTQ Advocates & Defenders, Human Rights Campaign Foundation, National Center for Lesbian Rights, National Center for Transgender Equality and National Womens Law Center. [95] [7339005] [23-2366] (DAB) [Entered: 09/29/2023 11:21 AM]
09/29/2023 96 Paper copies of amicus brief filed by Amici Curiae Elliot Page, Jennifer Finney Boylan, Precious Brady-Davis, Rye D. Blum and Wen Brovold. [96] [7339061] [23-2366] (CAH) [Entered: 09/29/2023 02:05 PM]
09/29/2023 97 Paper copies of amicus brief filed by Amicus Curiae USA. [97] [7339064] [23-2366] (CAH) [Entered: 09/29/2023 02:07 PM]
10/02/2023 98 Paper copies of amicus brief filed by Amici Curiae Conservative Legislators and Former Legislators and Activists. [98] [7339181] [23-2366] (CAG) [Entered: 10/02/2023 09:03 AM]
10/02/2023 99 Paper copies of amicus brief filed by Amici Curiae State of California and 19 Other States, State of Colorado, State of Connecticut, State of Delaware and State of Hawaii. [99] [7339227] [23-2366] (KRA) [Entered: 10/02/2023 10:46 AM]
10/02/2023 100 Paper copies of amicus brief filed by Amici Curiae 81 Local Governments and Local Government Officials, City of Ann Arbor, Michigan, City of Baltimore, Maryland, City of Boston, Massachusetts and City of Chicago, Illinois. [100] [7339295] [23-2366] (CAH) [Entered: 10/02/2023 12:58 PM]
10/02/2023 101 Circuit Rule 26.1 Disclosure Statement and Appearance form filed by Attorney Kathleen Boergers for Amicus Curiae State of California and 19 Other States. [101] [7339484] (L-Yes; E-Yes; R-No) [23-2366] (Boergers, Kathleen) [Entered: 10/02/2023 05:14 PM]
10/06/2023 102 Paper copies of amicus brief filed by Amici Curiae Australian Professional Association for Trans Health, Norwegian Organization for Sexual and Gender Diversity, Seta ry / Seta rf / Seta Lgbtiq Rights in Finland, Stonewall Equality Limited and Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Rights. [102] [7340329] [23-2366] (SK) [Entered: 10/06/2023 09:18 AM]
10/10/2023 103 Paper copies of amicus brief filed by Amici Curiae Aziza Ahmed, Khiara Bridges, David Cohen, Glenn Cohen and Lisa Ikemoto. [103] [7340574] [23-2366] (KRA) [Entered: 10/10/2023 09:17 AM]
10/18/2023 104 Submitted appellant reply brief by James A. Barta for Appellants Individual Members of the Medical Licensing Board of Indiana, Todd Rokita, Lindsay Hyer, Indiana Family and Social Services Administration and Daniel Rusyniak. [104] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7342452] [23-2366] (Barta, James) [Entered: 10/18/2023 04:24 PM]
10/18/2023 105 Appellant’s reply brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. Paper copies due on 10/25/2023. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [105] [7342518] [23-2366] (KRA) [Entered: 10/19/2023 09:37 AM]
10/24/2023 106 Paper copies of appellant reply brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [106] [7343469] [23-2366] (CAH) [Entered: 10/24/2023 10:52 AM]
10/24/2023 107 NOTICE: Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak will not be available for oral argument December 6, 2023, and January 16-17, 2024. Counsel also respectfully requests that the Court avoid scheduling argument in this appeal on the same day as argument in Smiley v. Jenner, No. 23-2543, which is also pending before this Court.. [107] [7343654] [23-2366] (Barta, James) [Entered: 10/24/2023 03:05 PM]
10/24/2023 108 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch will not be available for oral argument 2023: November 3, 6-8, 14-15; December 4-18, 13; 2024: January 8-11, 22; February 5, 12; March 25-27. [108] [7343731] [23-2366] (Falk, Kenneth) [Entered: 10/24/2023 07:52 PM]
11/13/2023 109 NOTICE: Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak will not be available for oral argument December 6, 2023, January 8-9, 11-12, 16-17, 2024 and February 7-8, 2024. Counsel also respectfully requests that the Court avoid scheduling argument in this appeal on the same day as argument in Smiley v. Jenner, No. 23-2543, pending before this Court.. [109] [7347515] [23-2366] (Barta, James) [Entered: 11/13/2023 04:13 PM]
12/01/2023 110 NOTICE: Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak will not be available for oral argument January 11-12, 16-17, and 23, 2024; February 8, 2024; and May 28-31, 2024. [110] [7351146] [23-2366] (Barta, James) [Entered: 12/01/2023 03:22 PM]
12/04/2023 111 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch will not be available for oral argument 2023: December 5-8, 13 2024: January 8-11, 17, 22-23, 30; February 5, 12-13; March 25-27; May 28-31. [111] [7351397] [23-2366] (Falk, Kenneth) [Entered: 12/04/2023 03:14 PM]
12/08/2023 112 Argument set for Friday, February 16, 2024, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 20 minutes. [112] [7352517] [23-2366] (KRA) [Entered: 12/08/2023 02:11 PM]
12/18/2023 113 Motion filed by Amicus Curiae USA to participate in oral argument. [113] [7354200] [23-2366] (Backer, Jonathan) [Entered: 12/18/2023 01:27 PM]
12/21/2023 114 ORDER issued GRANTING Unopposed Motion for the United States as Amicus Curiae to Participate in Oral Argument. [113] Amicus curiae the United States may participate in oral argument on behalf the plaintiffs-appellees. Pursuant to the plaintiffs-appellees’ agreement, the amicus curiae is allocated five minutes of the plaintiffs-appellees’ oral argument time. The clerk of this court shall distribute a copy of this order to the assigned merits panel. LCE [114] [7355187] [23-2366] (AD) [Entered: 12/21/2023 02:23 PM]
01/05/2024 115 Received argument confirmation from Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [115] [7357254] [23-2366] (Falk, Kenneth) [Entered: 01/05/2024 12:40 PM]
01/05/2024 116 Received argument confirmation from Mr. Jonathan Backer for Amicus Curiae USA. [116] [7357262] [23-2366] (Backer, Jonathan) [Entered: 01/05/2024 01:13 PM]
01/24/2024 117 Filed Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 02/16/2024. [117] [7360462] [23-2366] (Rose, Gavin) [Entered: 01/24/2024 11:43 AM]
02/02/2024 118 Received argument confirmation from James A. Barta for Appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Indiana Family and Social Services Administration and Daniel Rusyniak. [118] [7362235] [23-2366] (Barta, James) [Entered: 02/02/2024 11:29 AM]
02/05/2024 119 Filed Appellees K.C., M.W., Beth Clawson, Nathaniel Clawson and Ryan Welch Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 02/16/2024. [119] [7362560] [23-2366] (Falk, Kenneth) [Entered: 02/05/2024 12:06 PM]
02/08/2024 120 Received argument confirmation per argument email form for James A. Barta for Appellants Todd Rokita, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer and Daniel Rusyniak and for Jonathan Backer for Amicus Curiae USA. [120] [7363380] [23-2366] (CAH) [Entered: 02/08/2024 11:08 AM]
02/09/2024 121 Received argument confirmation per argument email form for Attorney Mr. Kenneth J. Falk for Appellees K.C., Nathaniel Clawson, Beth Clawson, M.W. and Ryan Welch. [121] [7363636] [23-2366] (CAH) [Entered: 02/09/2024 08:41 AM]
02/16/2024 122 Case argued by Jonathan Backer for Amicus Curiae USA, James A. Barta for Appellants Todd Rokita, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer and Daniel Rusyniak and Mr. Kenneth J. Falk for Appellees K.C., Nathaniel Clawson, Beth Clawson, M.W. and Ryan Welch. [122] [7365017] [23-2366] (DAB) [Entered: 02/16/2024 11:57 AM]
02/16/2024 123 Case heard and taken under advisement by panel: Kenneth F. Ripple, Circuit Judge; Michael B. Brennan, Circuit Judge and Candace Jackson-Akiwumi, Circuit Judge. [123] [7365019] [23-2366] (DAB) [Entered: 02/16/2024 11:57 AM]
02/27/2024 124 ORDER: This is an appeal from the district court’s preliminary injunction. This court has reviewed the submissions in this case as well as heard oral argument on February 16, 2024. The order and injunction entered by the district court in this case on June 16, 2023, Docket Entry 67 (Order) and Docket Entry 68 (Injunction), are hereby STAYED. An opinion from this court will follow. A judgment in this case will issue with that opinion. [124] [7367014] [23-2366] (FP) [Entered: 04/27/2024 03:49 PM]
02/28/2024 125 Motion for reconsideration filed by Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [125] [7367123] [23-2366] Submitted emergency petition for panel rehearing and rehearing en banc as to sua sponte stay of preliminary injunction by Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [125] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7367123] [23-2366] -[Edited 02/28/2024 by CAG to reflect correct filing] (MM) [Entered: 02/28/2024 11:49 AM]
02/28/2024 126 ORDER: On February 28, 2024, the court received an emergency petition for rehearing and for rehearing en banc from the appellees. Because this court has not entered a final judgment, the court is treating the document as a motion to reconsider and request for en banc consideration. SCR [126] [7367251] [23-2366] (FP) [Entered: 02/28/2024 04:49 PM]
03/01/2024 127 ORDER: On February 28, 2024, appellees filed a motion to reconsider and request en banc consideration of this court’s February 27, 2024 order staying the district court’s preliminary injunction and order dated June 16, 2023. Counsel for appellants is requested to file a response to that motion by March 5, 2024, at 12:00 pm CST. As part of its response, counsel is requested to address IND. CODE §25-1-22-13(d), including: 1. whether a grace period similar to that referenced in IND. CODE § 25-1-22- 13(d) should be built into this court’s stay; and 2. whether another approach would accomplish the end of IND. CODE § 25-1-22- 13(d). Judge Jackson-Akiwumi records here her dissent from the court’s February 27, 2024 order staying the preliminary injunction entered by the district court on June 16, 2023. Judge Jackson-Akiwumi further dissents from the court’s order above because it does not request full briefing from both parties on whether a stay should issue. [127] [7367531] [23-2366] (CG) [Entered: 03/01/2024 09:51 AM]
03/05/2024 128 Filed Response in Opposition by Appellants Lindsay Hyer, Daniel Rusyniak, Todd Rokita, Individual Members of the Medical Licensing Board of Indiana and Indiana Family and Social Services Administration to Motion to reconsider and request for en banc consideration. [128][7368153] [23-2366] (Barta, James) [Entered: 03/05/2024 11:25 AM]
03/05/2024 129 Filed Reply by Appellees K.C., Beth Clawson, Nathaniel Clawson, M.W. and Ryan Welch to Request for review / en banc review of stay. [129][7368217] [23-2366] (Pactor, Stevie) [Entered: 03/05/2024 02:02 PM]
03/21/2024 130 ORDER: This court has received Appellees’ motion to reconsider and request for en banc consideration of this court’s February 27, 2024, order staying the district court’s preliminary injunction and order dated June 16, 2023 (DE 125 and DE 126), as well as the State’s response (DE 128) and Appellees’ reply (DE 129) to this motion. After review and consideration, the court denies Appellees’ motion, and denies the alternative relief of delaying this court’s stay. Judge Jackson-Akiwumi dissents from the denial of Plaintiff-Appellees’ motion for reconsideration. (See order for further details) [125] [130] [7371558] [23-2366] (AD) [Entered: 03/21/2024 04:07 PM]
03/25/2024 131 Submitted petition for rehearing enbanc by Kenneth J. Falk for Appellees K.C., Beth Clawson, Nathaniel Clawson, M.W. and Ryan Welch. [131] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7371946] [23-2366] (Falk, Kenneth) [Entered: 03/25/2024 10:10 AM]
03/25/2024 132 Motion filed by Attorney Melinda Holmes for Appellants Individual Members of the Medical Licensing Board of Indiana, Indiana Family and Social Services Administration, Todd Rokita, Lindsay Hyer and Daniel Rusyniak to withdraw as counsel. [132] [7372072] [23-2366]–[Edited 03/25/2024 by AD to reflect attorney filer.] (Hudson, Melinda) [Entered: 03/25/2024 02:35 PM]
03/26/2024 133 ORDER re: Motion for leave to withdraw appearance. [132] The motion is GRANTED. Attorney Melinda R. Holmes may withdraw from further representation of appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration in this matter. Attorney James A. Barta will continue to serve as counsel of record for the appellants. CDH [133] [7372240] [23-2366] (CG) [Entered: 03/26/2024 10:52 AM]
03/29/2024 134 ORDER: On 03/25/2024, this court received a Petition for Rehearing En Banc as to Sua Sponte Stay of Preliminary Injunction from appellees. Because this court has not entered judgment in this appeal, the court construes the document as a motion requesting en banc reconsideration. 7th Cir. Op. P. 1(a)(2). Accordingly, IT IS ORDERED that the clerk of this court shall file INSTANTER the motion, so construed, and DISTRIBUTE the motion, along with a copy of this order, to all judges entitled to vote on whether this court’s 02/27/2024, order staying the preliminary injunction should be reconsidered en banc. JXK [134] [7373173] [23-2366] (MAN) [Entered: 03/29/2024 03:26 PM]
03/29/2024 135 Motion filed by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch requesting en banc reconsideration, filed per court’s order of 03/29/2023. Dist. [135] [7373177] [23-2366] (MAN) [Entered: 03/29/2024 03:34 PM]
04/08/2024 136 Filed Response by Appellants Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita and Daniel Rusyniak to Plaintiffs-Appellees’ Motion for En Banc Reconsideration. [136][7374838] [23-2366] (Barta, James) [Entered: 04/08/2024 03:46 PM]
04/15/2024 137 Filed Plaintiffs Reply In Support of Motion for Reconsideration En Banc As To Sua Sponte Stay of Preliminary Injunction by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [137][7376076] [23-2366] (JAD) [Entered: 04/15/2024 10:18 AM]
04/16/2024 138 Motion filed by Appellants Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Daniel Rusyniak, Lindsay Hyer and Todd Rokita to strike. [138] [7376742] [23-2366] (Barta, James) [Entered: 04/16/2024 03:47 PM]
04/19/2024 139 ORDER re: Motion to strike. [138] The motion is DENIED. SCR [139] [7377480] [23-2366] (CG) [Entered: 04/19/2024 12:12 PM]
04/19/2024 140 ORDER: A motion requesting en banc reconsideration (DE 135) of this court’s orders (DE 124 & 130) was filed by Plaintiffs-Appellees on March 29, 2024. The motion was considered by all judges in regular active service, using the procedure for petitions for rehearing en banc. A judge in regular active service requested a vote on the motion. A majority of the judges in regular active service voted to deny rehearing en banc. Judge Rovner, Judge Jackson-Akiwumi, Judge Lee, and Judge Pryor voted to grant rehearing en banc. Accordingly, the motion requesting en banc reconsideration is DENIED. [135] [140] [7377508] [23-2366] (CG) [Entered: 04/19/2024 12:39 PM]

Last updated 04/27/2024
Reconciled with online docket 04/25/2024