S.D. Ind. 1:23-cv-00595 Docket
K.C. v. Individual Members of Medical Licensing Board of Indiana
No. 1:23-cv-00595, Case History (under construction)
Court: Southern District of Indiana (Indianapolis)
Assigned to: Judge James Patrick Hanlon
Referred to: Magistrate Judge Kellie M. Barr
| Date Filed | # | Docket Text |
| 04/05/2023 | 1 | COMPLAINT for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of Indiana Statute (Class Action) against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7578384) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 04/05/2023) |
| 04/05/2023 | 2 | NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs CATHERINE BAST. M.D., K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Rose, Gavin) (Entered: 04/05/2023) |
| 04/05/2023 | 3 | NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs CATHERINE BAST. M.D., K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Falk, Kenneth) (Entered: 04/05/2023) |
| 04/05/2023 | 4 | NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiffs CATHERINE BAST. M.D., K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Pactor, Stevie) (Entered: 04/05/2023) |
| 04/05/2023 | 5 | Rule 7.1 Disclosure Statement by MOSAIC HEALTH AND HEALING ARTS, INC.. (Falk, Kenneth) (Entered: 04/05/2023) |
| 04/06/2023 | 6 | Summons Issued as to ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (DJH) (Entered: 04/06/2023) |
| 04/06/2023 | 7 | MAGISTRATE JUDGE’s NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 04/06/2023) |
| 04/06/2023 | 8 | Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) (Entered: 04/06/2023) |
| 04/06/2023 | 9 | MOTION for Preliminary Injunction , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/06/2023) |
| 04/06/2023 | 10 | MOTION to Certify Class , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Falk, Kenneth) (Entered: 04/06/2023) |
| 04/07/2023 | 11 | SCHEDULING ORDER: Plaintiffs have filed a Motion for Preliminary Injunction, requesting the issuance of a preliminary injunction against the enforcement of Senate Enrolled Act 480 before the statute takes effect on July 1, 2023. [Dkt. 9.] Plaintiffs ask that the Magistrate Judge schedule a status conference to establish a briefing schedule on that motion, as well as on Plaintiffs’ Motion for Class Certification filed the same day. [Dkt. 9 at 3; Dkt. 10.] This case is set for a Telephonic Status Conference on Thursday, April 13, 2023, at 10:30 a.m. (Eastern), before the Magistrate Judge. Because counsel has not yet appeared for the Defendants in this action, Plaintiffs’ counsel is ORDERED to promptly serve this Order on the Defendants and on the Office of the Indiana Attorney General. If Plaintiffs’ counsel is aware of counsel who will be representing the Defendants in this action, Plaintiffs’ counsel is ORDERED to immediately serve a courtesy copy of this Order on counsel. The Court will provide call-in information to be used to participate in the conference next week by separate notification. At the status conference, the Parties shall be prepared to discuss the following topics (see Order). To the extent possible, the Parties are directed to meet and confer on these topics in advance of the conference. Signed by Magistrate Judge Kellie M. Barr on 4/7/2023.(SWM) (Entered: 04/07/2023) |
| 04/07/2023 | 12 | PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (DWH) (Entered: 04/07/2023) |
| 04/13/2023 | 14 | MOTION for Attorney(s) Chase Strangio to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7588415), filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit Certification, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/13/2023) |
| 04/13/2023 | 15 | MOTION for Attorney(s) Harper Seldin to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7588416), filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit Certification, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/13/2023) |
| 04/13/2023 | 16 | NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 04/13/2023) |
| 04/13/2023 | 17 | NOTICE of Appearance by James A. Barta on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Barta, James) (Entered: 04/13/2023) |
| 04/13/2023 | 18 | NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Holmes, Melinda) (Entered: 04/13/2023) |
| 04/13/2023 | 19 | NOTICE of Appearance by Razi Lane on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Lane, Razi) (Entered: 04/13/2023) |
| 04/13/2023 | 20 | NOTICE of Appearance by Corrine Lorraine Youngs on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Youngs, Corrine) (Entered: 04/13/2023) |
| 04/13/2023 | 21 | MINUTE ENTRY – The Parties appeared, by counsel, for a Telephonic Status Conference on April 13, 2023, with the Magistrate Judge to discuss the items set forth in the Court’s Scheduling Order. Dkt. 11 . Counsel had met and conferred regarding those items in advance of the conference and reported their preferred briefing schedules and discovery needs to the Court. The Court ORDERED counsel to file a joint proposed case management schedule by April 14, 2023, at 5:00 p.m., consistent with the discussion at the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 04/13/2023) |
| 04/14/2023 | 22 | NOTICE of Filing Proposed Joint Schedule by All Plaintiffs (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) (Entered: 04/14/2023) |
| 04/14/2023 | 23 | ORDER granting 14 Motion to Appear pro hac vice. Attorney Chase Strangio added for Plaintiffs. Signed by Magistrate Judge Kellie M. Barr on 4/14/2023. (DWH) (Entered: 04/17/2023) |
| 04/14/2023 | 24 | ORDER granting 15 Motion to Appear pro hac vice. Attorney Harper Seldin added for the Plaintiffs. The Court FURTHER ORDERS that Harper Seldin register as a user of the Court’s electronic case filing system by April 28, 2023. Signed by Magistrate Judge Kellie M. Barr on 4/14/2023. (DWH) (Entered: 04/17/2023) |
| 04/17/2023 | 25 | ORDER ADOPTING PARTIES’ PROPOSED JOINT SCHEDULE – The Parties have filed their Proposed Joint Schedule, [dkt. 22], related to discovery and briefing of Plaintiffs’ pending Motion for Preliminary Injunction, [dkt. 9], and Motion to Certify Class, [dkt. 10]. IT IS THEREFORE ORDERED that the Parties’ Proposed Joint Schedule is APPROVED, such that the Parties’ proposed schedule for discovery and briefing related to Plaintiffs’ pending motions shall proceed as set forth therein (SEE ORDER). Signed by Magistrate Judge Kellie M. Barr on 5/17/2023. (DWH) (Entered: 04/17/2023) |
| 04/21/2023 | 26 | NOTICE of Filing of Evidentiary Submission by All Plaintiffs (Attachments: # 1 Exhibit 1: Expert Declaration of Dan H. Karasic, M.D., # 2 Exhibit 2: Expert Declaration of Daniel Shumer, M.D., # 3 Exhibit 3: Expert Declaration of Jack Turban, M.D., MHS, # 4 Exhibit 4: Declaration of Nathaniel Clawson and Beth Clawson, # 5 Exhibit 5: Declaration of Lisa Welch and Ryan Welch, # 6 Exhibit 6: Declaration of Emily Morris, # 7 Exhibit 7: Declaration of Maria Rivera, # 8 Exhibit 8: Declaration of Michelle (Mixhi) Marquis, # 9 Exhibit 9: Declaration of Dr. Catherine Bast, # 10 Exhibit 10: Declaration of LaRisha Hanks, # 11 Exhibit 11: Declaration of Jamie Harris, # 12 Exhibit 12: Declaration of Julia Kathary, # 13 Exhibit 13: Declaration of Patrick Rhodes, # 14 Exhibit 14: Declarationof Michael Rabinowitch and Lindsey Rabinowitch, # 15 Exhibit 15: Declaration of GEKCO, # 16 Exhibit 16: Declaration of Indiana Youth Group, # 17 Exhibit 17: Excerpts from Indiana’s State Medicaid Plan, # 18 Exhibit 18: Declaration of Gender Nexus) (Pactor, Stevie) (Entered: 04/21/2023) |
| 04/21/2023 | 27 | BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Pactor, Stevie) (Entered: 04/21/2023) |
| 04/21/2023 | 28 | BRIEF/MEMORANDUM in Support re 10 MOTION to Certify Class , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Rose, Gavin) (Entered: 04/21/2023) |
| 04/26/2023 | 29 | MOTION to Stay Briefing on Motion for Class Certification, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 04/26/2023) |
| 04/26/2023 | 30 | COURT NOTICE: Plaintiffs shall have through May 1, 2023 to respond to the motion to stay class-certification briefing, dkt. 29. Defendants shall have through May 3, 2023 to file any reply. *** TEXT ONLY ENTRY *** (PKP) (Entered: 04/26/2023) |
| 04/27/2023 | 31 | NOTICE of Automatic Initial 28-Day Extension of Time to Respond To Complaint, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA (Fisher, Thomas) (Entered: 04/27/2023) |
| 05/01/2023 | 32 | RESPONSE in Opposition re 29 MOTION to Stay Briefing on Motion for Class Certification , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit Document requests, # 2 Exhibit Deposition notices)(Falk, Kenneth) (Entered: 05/01/2023) |
| 05/01/2023 | 33 | RETURN of Service by CMRRR, filed by All Plaintiffs. SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION served on 4/24/2023. (Falk, Kenneth) (Entered: 05/01/2023) |
| 05/01/2023 | 34 | RETURN of Service by CMRRR, filed by All Plaintiffs. THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA served on 4/10/2023. (Falk, Kenneth) (Entered: 05/01/2023) |
| 05/01/2023 | 35 | RETURN of Service by CMRRR, filed by All Plaintiffs. EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY served on 4/10/2023. (Falk, Kenneth) (Entered: 05/01/2023) |
| 05/01/2023 | 36 | RETURN of Service by CMRRR, filed by All Plaintiffs. ATTORNEY GENERAL OF THE STATE OF INDIANA served on 4/11/2023. (Falk, Kenneth) (Entered: 05/01/2023) |
| 05/01/2023 | 37 | MOTION for Protective Order -STIPULATED-, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Falk, Kenneth) (Entered: 05/01/2023) |
| 05/02/2023 | 38 | SCHEDULING ORDER – To facilitate proceedings related to Plaintiffs’ motion for a preliminary injunction, the Court: ORDERS the parties to confer and to file a joint statement of stipulated facts by June 2, 2023; SCHEDULES a hearing on Plaintiffs’ motion for a preliminary injunction for June 14, 2023, at 1:30 p.m. in Room 329, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana; and SCHEDULES a telephonic status conference on June 5, 2023, at 11:00 a.m. 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. SEE ORDER FOR ADDITIONAL DETAILS. Signed by Judge James Patrick Hanlon on 05/02/2023.(AAS) (Entered: 05/02/2023) |
| 05/03/2023 | 39 | STIPULATED PROTECTIVE ORDER 37 APPROVED AND ORDERED. Signed by Magistrate Judge Kellie M. Barr on 5/3/2023.(SWM) (Entered: 05/03/2023) |
| 05/03/2023 | 40 | REPLY in Support of Motion re 29 MOTION to Stay Briefing on Motion for Class Certification , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 05/03/2023) |
| 05/05/2023 | 41 | ORDER REGARDING STAY OF CLASS CERTIFICATION BRIEFING – Plaintiffs SHALL SHOW CAUSE by May 12, 2023, why briefing on their motion for class certification should not be stayed because the Court’s equitable power would provide the more appropriate procedure for the relief they seek. (SEE ORDER) Signed by Judge James Patrick Hanlon on 5/5/2023.(KAA) (Entered: 05/05/2023) |
| 05/11/2023 | 42 | RESPONSE , re 41 Order to Show Cause, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Falk, Kenneth) (Entered: 05/11/2023) |
| 05/17/2023 | 43 | ORDER granting 29 STAY OF CLASS CERTIFICATION BRIEFING – Defendants’ unopposed motion to stay is GRANTED and briefing on Plaintiffs’ motion for class certification, dkt. 10, is STAYED pending resolution of the motion for preliminary injunction. Dkt. 29 . SEE ORDER. Signed by Judge James Patrick Hanlon on 05/17/2023. (AAS) (Entered: 05/17/2023) |
| 05/23/2023 | 44 | Unopposed MOTION for Extension of Time to August 14, 2023 in which to 1 Complaint , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 05/23/2023) |
| 05/24/2023 | 45 | Submission of Proposed Order , re 44 Unopposed MOTION for Extension of Time to August 14, 2023 in which to 1 Complaint , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 05/24/2023) |
| 05/25/2023 | 46 | ORDER granting 44 Motion for Extension of Time to File a Responsive Pleading to 8/14/23 – SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 5/25/23. (JRB) (Entered: 05/25/2023) |
| 06/01/2023 | 48 | SEALED Evidentiary Material, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit 1 – Cantor Decl., # 2 Exhibit 2 – Hruz Decl., # 3 Exhibit 3 – Kenny Decl., # 4 Exhibit 4 – Weiss Decl., # 5 Exhibit 5 – Kaliebe Decl., # 6 Exhibit 6 – Riley Dep., # 7 Exhibit 7 – Eskenazi Dep., # 8 Exhibit 8 – Mosaic Dep., # 9 Exhibit 9 – Karasic Dep., # 10 Exhibit 10 – Shumer Dep., # 11 Exhibit 11 – Turban Dep., # 12 Exhibit 12 – B. Clawson Dep., # 13 Exhibit 13 – N. Clawson Dep., # 14 Exhibit 14 – Morris Dep., # 15 Exhibit 15 – R. Welch Dep., # 16 Exhibit 16 – L. Welch Dep., # 17 Exhibit 17 – M. Rivera Dep.)(Fisher, Thomas) (Entered: 06/01/2023) |
| 06/01/2023 | 49 | Submission of Evidentiary Material, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit 18 – Hembree 2017, # 2 Exhibit 19 – WPATH SOC 7, # 3 Exhibit 20 – WPATH SOC 8, # 4 Exhibit 21 – APA DSM-5 TR, # 5 Exhibit 22 – NICE GnRH Review, # 6 Exhibit 23 – NICE Hormone Review, # 7 Exhibit 24 – Cass Report, # 8 Exhibit 25 – COHERE Summary, # 9 Exhibit 26 – COHERE Recommendation, # 10 Exhibit 27 – Ludvigsson 2023, # 11 Exhibit 28 – Academie Statement, # 12 Exhibit 29 – Cole Decl., # 13 Exhibit 30 – Cohn Decl., # 14 Exhibit 31 – Robertson Decl., # 15 Exhibit 32 – Scheinfeld Decl., # 16 Exhibit 33 – Hawes Decl., # 17 Exhibit 34 – Reed Decl.)(Fisher, Thomas) (Entered: 06/01/2023) |
| 06/01/2023 | 50 | MOTION to Maintain Document Under Seal 48 SEALED Document (Case Participants – doc) , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fisher, Thomas) (Entered: 06/01/2023) |
| 06/01/2023 | 51 | STIPULATION of Facts, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Falk, Kenneth) (Entered: 06/01/2023) |
| 06/02/2023 | 52 | NOTICE of Appearance by Dylan L. Jacobs on behalf of Amicus Parties STATE OF ARKANSAS, State of Alabama, STATE OF FLORIDA, STATE OF GEORGIA, State of Idaho, STATE OF IOWA, STATE OF LOUISIANA, STATE OF KANSAS, STATE OF KENTUCKY, STATE OF MISSISSIPPI, STATE OF MISSOURI, STATE OF MONTANA, State of Nebraska, STATE OF SOUTH CAROLINA, State of South Dakota, STATE OF UTAH. (Jacobs, Dylan) (Entered: 06/02/2023) |
| 06/02/2023 | 53 | MOTION for Leave to File to Brief as Amici Curiae, filed by Amicus Parties STATE OF ARKANSAS, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IOWA, STATE OF KANSAS, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF MISSOURI, STATE OF MONTANA, STATE OF SOUTH CAROLINA, STATE OF UTAH, State of Alabama, State of Idaho, State of Nebraska, State of South Dakota. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Jacobs, Dylan) (Entered: 06/02/2023) |
| 06/02/2023 | 54 | SEALED RESPONSE re 9 MOTION for Preliminary Injunction , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 06/02/2023) |
| 06/02/2023 | 55 | MOTION to Maintain Document Under Seal 54 SEALED Response to Motion , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fisher, Thomas) (Entered: 06/02/2023) |
| 06/05/2023 | 56 | MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On June 5, 2023, the Court held a telephonic status conference. Plaintiffs appeared by counsel Ken Falk, Gavin Rose, Stevie Pactor, Chase Strangio and Harper Seldin. Defendants appeared by counsel Tom Fisher and James Barta. The conference was recorded by Court Reporter Jodie Franzen. The Court reviewed the status of this case in preparation for the hearing on June 14, 2023, at 1:30 p.m. The hearing will be limited to oral argument, no evidence will be presented. Two hours will be allocated for the hearing, with 45 minutes per side for presentations. (PKP) (Entered: 06/06/2023) |
| 06/09/2023 | 57 | EXPEDITED BRIEFING SCHEDULE – In light of the upcoming hearing on Plaintiffs’ Motion for a Preliminary Injunction, which is scheduled for June 14, 2023, the Court hereby ORDERS that Plaintiffs file their responses to Defendants’ Motions to Maintain Under Seal no later than 12:00 p.m. (Eastern) on Tuesday, June 13, 2023. SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 6/9/2023.(KAA) (Entered: 06/09/2023) |
| 06/12/2023 | 58 | Appendix of Exhibits in Support of Reply in Support of Motion re 9 MOTION for Preliminary Injunction , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit 1: Select exhibits from 30(b)(6) deposition of IU Health, # 2 Exhibit 2:Supplemental Expert Declaration of Dan H. Karasic, M.D., # 3 Exhibit 3: Supplemental Expert Declaration of Daniel Shumer, M.D., # 4 Exhibit 4: Supplemental Declaration of Jack Turban, M.D., MHS, # 5 Exhibit 5: Transcript of Deposition of Paul Hruz, M.D. PhD and select exhibits, # 6 Exhibit 6: Transcript of Deposition of Daniel Weiss, M.D. and select exhibits, # 7 Exhibit 7: Transcript of Deposition of Kristopher Kaliebe, PhD (redacted), # 8 Exhibit 8: Transcript of Deposition of James Cantor, PhD and select exhibits, # 9 Exhibit 9: Transcript of Deposition of Dianna Kenny, PhD and select exhibits, # 10 Exhibit 10: Select exhibits from 30(b)(6) deposition of Mosaic Health and Healing Arts, # 11 Exhibit 11: Select exhibits from 30(b)(6) deposition of Eskenazi Health)(Pactor, Stevie) (Entered: 06/12/2023) |
| 06/12/2023 | 59 | REPLY in Support of Motion re 9 MOTION for Preliminary Injunction , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Pactor, Stevie) (Entered: 06/12/2023) |
| 06/12/2023 | 60 | NOTICE OF CHANGE OF LOCATION ONLY: The hearing on Plaintiffs’ motion for a preliminary injunction set for June 14, 2023, at 1:30 p.m. will take place in Room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. *** TEXT ONLY ENTRY *** (PKP) (Entered: 06/12/2023) |
| 06/12/2023 | 61 | Submission of Evidentiary Material, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit 1 – NHS (2023) Treatment Gender Dysphoria, # 2 Exhibit 2 – Cornell Search Methodology, # 3 Exhibit 3 – deVries (2014) Young adult psychological outcome, # 4 Exhibit 4 – D’Angelo (2021)_Article_OneSizeDoesNotFitAllInSupport, # 5 Exhibit 5 – Rametti (2011) White matter microstructure, # 6 Exhibit 6 – Turban Tweet (May 13, 2023 at 4.36 PM), # 7 Exhibit 7 – Chung (2002) Sexual differentiation, # 8 Exhibit 8 – Baker (2021) Hormone Therapy, # 9 Exhibit 9 – Zucker (2011) Puberty Blocking Hormonal Therapy, # 10 Exhibit 10 – Owen-Smith (2018))(Fisher, Thomas) (Entered: 06/12/2023) |
| 06/12/2023 | 62 | MOTION to Exclude Opinions of Plaintiffs’ Experts, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 06/12/2023) |
| 06/12/2023 | 63 | BRIEF/MEMORANDUM in Support re 62 MOTION to Exclude Opinions of Plaintiffs’ Experts , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 06/12/2023) |
| 06/13/2023 | 64 | RESPONSE to Motion re 50 MOTION to Maintain Document Under Seal 48 SEALED Document (Case Participants – doc) , 55 MOTION to Maintain Document Under Seal 54 SEALED Response to Motion , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit 1: Redacted report, # 2 Text of Proposed Order)(Pactor, Stevie) (Entered: 06/13/2023) |
| 06/13/2023 | 65 | ORDER REGARDING MOTIONS TO MAINTAIN DOCUMENTS UNDER SEAL – Currently pending before the Court are two Motions to Maintain Documents Under Seal in this case. [Dkts. 50; 55.] For the reasons detailed below, the Court GRANTS IN PART and DENIES IN PART the first Motion to Maintain Documents Under Seal, [dkt. 50], and DENIES the second Motion to Maintain Documents Under Seal, [dkt. 55]. *SEE ORDER FOR DETAILS* Signed by Magistrate Judge Kellie M. Barr on 6/13/23. (AKW) (Entered: 06/13/2023) |
| 06/14/2023 | 66 | MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On June 14, 2023, the Court held a hearing on Plaintiffs’ motion for a preliminary injunction. Plaintiffs appeared by counsel Ken Falk, Gavin Rose, Stevie Pactor, Chase Strangio and Harper Seldin. Defendants appeared by counsel Tom Fisher, James Barta, Melinda Holmes and Razi Lane. The conference was recorded by Court Reporter Jodie Franzen. Plaintiffs made an oral motion to strike Defendants’ Motion to Exclude Opinions of Plaintiffs’ Experts, dkt. 62. The Court took the motion under advisement. The Court heard oral argument on Plaintiffs’ motion for a preliminary injunction. The Court will issue a ruling as soon as possible. (PKP) (Entered: 06/15/2023) |
| 06/16/2023 | 67 | ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION – Plaintiffs’ motion for a preliminary injunction is GRANTED in part. Dkt. 9 . A separate injunction shall issue contemporaneously with this order. See Fed. R. Civ. P. 65(d). The assigned magistrate judge is asked to enter a case management plan for resolving this case. The Court will then set a trial date. The motion for leave to file brief as amici curiae of Arkansas, Alabama, and 14 other states is GRANTED. Dkt. 53 (See Order for Details). Signed by Judge James Patrick Hanlon on 6/16/2023. (DWH) (Entered: 06/16/2023) |
| 06/16/2023 | 68 | PRELIMINARY INJUNCTION – Defendants, their officers, agents, employees, servants, attorneys, and all persons in active concert or participation with them, ARE HEREBY ENJOINED AND RESTRAINED, pending further order of the Court, from enforcing, against any physician or practitioner and relating to any patient: (1) S.E.A. 480’s prohibitions on gender transition procedures, except the prohibition on gender reassignment surgery. S.E.A. 480 § 13(a) (to be codified at Ind. Code § 25-1-22-13(a)). (2) S.E.A. 480’s prohibition on “aid[ing] or abet[ting] another physician or practitioner in the provision of gender transition procedures to a minor” as applied to providing patients with information, making referrals to other medical providers, and providing medical records or other information to medical providers. S.E.A. 480 § 13(b) (to be codified at Ind. Code § 25-1-22-13(b)). Signed by Judge James Patrick Hanlon on 6/16/2023.(DWH) (Entered: 06/16/2023) |
| 06/21/2023 | 69 | ORDER SETTING TELEPHONIC STATUS CONFERENCE – This case is set for a Telephonic Status Conference on July 17, 2023, at 3:30 p.m. (Eastern), before United States Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court’s electronic filing system with the call-in information to be used to participate in the conference. SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 6/21/2023.(JRB) (Entered: 06/21/2023) |
| 06/22/2023 | 70 | MOTION for Attorney(s) A. Barrett Bowdre to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7689019), filed by Amicus STATE OF ALABAMA INC.. (Attachments: # 1 Text of Proposed Order)(Bowdre, Alexander) (Entered: 06/22/2023) |
| 06/23/2023 | 71 | ORDER granting 70 Motion to Appear pro hac vice. Attorney Alexander Barrett Bowdre for STATE OF ALABAMA INC. added. Signed by Magistrate Judge Kellie M. Barr on 6/23/2023. (JRB) (Entered: 06/23/2023) |
| 06/26/2023 | 72 | MOTION for Attorney(s) Edmund G. LaCour Jr. to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7693002), filed by Amicus STATE OF ALABAMA INC.. (Attachments: # 1 Text of Proposed Order)(LaCour, Edmund) (Entered: 06/26/2023) |
| 06/27/2023 | 73 | TRANSCRIPT of preliminary injunction held on June 14, 2023 before Judge James Patrick Hanlon. (61 pages.) Court Reporter/Transcriber: Jodie Franzen (Email: jodiefranzen@gmail.com). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 7/18/2023. Release of Transcript Restriction set for 9/25/2023. (Franzen, Jodie) Released on 9/26/2023 (SWM). Modified on 9/26/2023 (SWM). (Entered: 06/27/2023) |
| 06/27/2023 | 74 | NOTICE of FILING of OFFICIAL TRANSCRIPT of preliminary injunction held before Judge James Patrick Hanlon on June 14, 2023 (Franzen, Jodie) (Entered: 06/27/2023) |
| 06/27/2023 | 75 | ORDER granting 72 Motion to Appear pro hac vice. Attorney Edmund G. LaCour, Jr for STATE OF ALABAMA INC. added. Signed by Magistrate Judge Kellie M. Barr on 6/27/2023. (JRB) (Entered: 06/27/2023) |
| 07/10/2023 | 76 | CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH . (Falk, Kenneth) (Entered: 07/10/2023) |
| 07/11/2023 | 77 | NOTICE OF APPEAL as to 68 Preliminary Injunction, 67 Order on Motion for Leave to FileOrder on Motion for Preliminary Injunction, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Filing fee $505, receipt number AINSDC-7714711) (Fisher, Thomas) (Entered: 07/11/2023) |
| 07/11/2023 | 78 | DOCKETING STATEMENT by All Defendants re 77 Notice of Appeal (Fisher, Thomas) (Entered: 07/11/2023) |
| 07/11/2023 | 79 | PARTIES’ SHORT RECORD re 77 Notice of Appeal – Instructions for Attorneys/Parties attached. (LF) (Entered: 07/12/2023) |
| 07/11/2023 | 80 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 77 Notice of Appeal. – for Court of Appeals Use Only. (LF) (Entered: 07/12/2023) |
| 07/12/2023 | 81 | USCA Case Number 23-2366 for 77 Notice of Appeal filed by THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY. (LF) (Entered: 07/12/2023) |
| 07/18/2023 | 83 | ENTRY AND ORDER FROM TELEPHONIC STATUS CONFERENCE – The Parties, by counsel, appeared for a Telephonic Status Conference on July 17, 2023, with Magistrate Judge Kellie M. Barr. The Parties discussed overall case management deadlines and a briefing scheduling for the pending Motion for Class Certification. [Dkt. 10.] The Case Management Plan submitted in this case is APPROVED AS AMENDED and will be entered as a separate order. This matter is set for a Telephonic Status Conference on October 5, 2023, at 10:30 a.m. (Eastern), with Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court’s electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 07/18/2023) |
| 07/18/2023 | 84 | ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED – Dispositive Motions due by 6/5/2024. Discovery due by 3/5/2024. SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 7/18/2023.(JRB) (Entered: 07/18/2023) |
| 07/18/2023 | 85 | ORDER REGARDING DISCOVERY DISPUTES – SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 7/18/2023.(JRB) (Entered: 07/18/2023) |
| 07/25/2023 | 86 | MOTION to Withdraw Appearance, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Lane, Razi) (Entered: 07/25/2023) |
| 07/26/2023 | 87 | Submission of Proposed Order , re 86 MOTION to Withdraw Appearance, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Lane, Razi) (Entered: 07/26/2023) |
| 07/26/2023 | 88 | ORDER granting Attorney Razi S. Lane’s 86 Motion to Withdraw Appearance. The Court directs the Clerk to terminate the appearance of Razi S. Lane. Signed by Magistrate Judge Kellie M. Barr on 7/26/2023. (SWM) (Entered: 07/26/2023) |
| 08/14/2023 | 89 | Exhibit List , Preliminary, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH, Witness List , Preliminary, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Pactor, Stevie) (Entered: 08/14/2023) |
| 08/14/2023 | 90 | ANSWER to 1 Complaint , filed by All Defendants.(Fisher, Thomas) (Entered: 08/14/2023) |
| 08/21/2023 | 91 | Exhibit List Preliminary, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, Witness List Preliminary, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Fisher, Thomas) (Entered: 08/21/2023) |
| 09/08/2023 | 92 | MOTION to Withdraw Attorney Appearance of Thomas M. Fisher, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(Fisher, Thomas) (Entered: 09/08/2023) |
| 09/11/2023 | 93 | ORDER granting 92 Motion to Withdraw Attorney Appearance. Attorney Thomas M. Fisher withdrawn on behalf of Defendants Individual Members of the Medical Licensing Board of Indiana, in their official capacities, Executive Director of the Indiana Professional Licensing Agency, in her official capacity, the Attorney General of Indiana, in his official capacity, the Secretary of the Indiana Family and Social Services Administration, in her official capacity, and the Indiana Family and Social Services Administration. Signed by Magistrate Judge Kellie M. Barr on 9/11/2023. (LBT) (Entered: 09/11/2023) |
| 09/19/2023 | 94 | ORDER – SCHEDULING FINAL PRETRIAL CONFERENCE AND TRIAL DATES; Bench Trial set for 11/4/2024 09:00 AM in room #329, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. Final Pretrial Conference set for 10/9/2024 01:30 PM before Judge James Patrick Hanlon. Signed by Judge James Patrick Hanlon on 9/19/2023. (CKM) (Entered: 09/19/2023) |
| 09/27/2023 | 95 | ORDER SETTING DISCOVERY CONFERENCE – At the request of the counsel who jointly contacted the undersigned’s chambers, the Court sets this case for a Telephonic Discovery Conference on October 2, 2023, at 11:00 a.m. (Eastern), with Magistrate Judge Kellie M. Barr. Counsel shall attend the conference by calling 877-402-9753, access code 4693226. To assist the Court in preparing for the conference, counsel for any interested parties and non-parties are ORDERED to file no later than 12:00 p.m. (Eastern) on Friday, September 29, 2023, a joint submission. SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 9/27/23.(JRB) (Entered: 09/27/2023) |
| 09/29/2023 | 97 | NOTICE of Appearance by Katelyn E. Doering on behalf of Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Doering, Katelyn) (Entered: 09/29/2023) |
| 09/29/2023 | 98 | Submission of Defendants and GEKCO, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit Exhibit A)(Barta, James) (Entered: 09/29/2023) |
| 09/29/2023 | 99 | Submission of Defendants and GenderNexus, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Barta, James) (Entered: 09/29/2023) |
| 10/02/2023 | 100 | NOTICE of Appearance by Mark W. Sniderman on behalf of Miscellaneous GenderNexus, Inc.. (Sniderman, Mark) (Entered: 10/02/2023) |
| 10/02/2023 | 101 | NOTICE of Appearance by Mark W. Sniderman on behalf of Miscellaneous Gender Expansive Kids & Company. (Sniderman, Mark) (Entered: 10/02/2023) |
| 10/02/2023 | 102 | ENTRY AND ORDER FROM TELEPHONIC DISCOVERY CONFERENCE – The Parties, by counsel, appeared for a Telephonic Discovery Conference on the record with the Magistrate Judge on October 2, 2023. The Court scheduled this conference after counsel jointly reached out to chambers with a discovery dispute that they could not resolve after meeting and conferring in good faith. [Dkt. 95.] Counsel Kenneth Falk appeared at the conference on behalf of Plaintiffs. Counsel James Barta, Katelyn Doering, and Melinda Holmes appeared on behalf of Defendants. Counsel Mark Sniderman appeared at the conference for Non-Parties GenderNexus and Gender Expansive Kids & Company (“GEKCO”). Mr. Sniderman represented that he is the only attorney intending to enter his appearance on behalf of these Non-Parties in this case at this time, and the Court directed him to file an appearance in this case as soon as practicable. The Court and counsel discussed at length the discovery dispute issues raised in the Joint Submission filed by Defendants and GenderNexus, [dkt. 99], and in the Joint Submission filed by Defendants and GEKCO, [dkt. 98]. After hearing counsel’s arguments regarding the discovery disputes at issue, the Court ORDERS Defendants to continue to meet and confer with counsel for GenderNexus and GEKCO in an effort to reach an agreement on the disputes raised. The Parties and Non-Parties should keep in mind the protection offered by the Stipulated Protective Order, [dkt. 39], when discussing potential solutions. If the continued efforts to meet and confer do not resolve the issues discussed, the Court authorizes Defendants or Non-Parties GenderNexus and/or GEKCO to file the appropriate discovery motion(s) on the issues raised. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 10/02/2023) |
| 10/05/2023 | 104 | ENTRY FROM TELEPHONIC STATUS CONFERENCE – The Parties, by counsel, appeared for a Telephonic Status Conference on October 5, 2023, with Magistrate Judge Kellie M. Barr. The Parties confirmed that they are on track to meet the deadlines set forth in the Case Management Plan regarding class certification briefing. Dkt. 84 at 2. This matter is set for a Telephonic Status Conference on December 18, 2023, at 10:30 a.m. (Eastern), with Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court’s electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) Modified on 10/10/2023 (KAA). (Entered: 10/06/2023) |
| 10/26/2023 | 105 | BRIEF/MEMORANDUM in Support re 10 MOTION to Certify Class (AMENDED), filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Exhibit Supplemental Declaration of Marquis)(Falk, Kenneth) (Entered: 10/26/2023) |
| 11/22/2023 | 106 | RESPONSE in Opposition re 10 MOTION to Certify Class , filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Barta, James) (Entered: 11/22/2023) |
| 12/11/2023 | 107 | REPLY in Support of Motion re 10 MOTION to Certify Class , filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Rose, Gavin) (Entered: 12/11/2023) |
| 12/18/2023 | 109 | ENTRY FROM TELEPHONIC STATUS CONFERENCE – The Parties, by counsel, appeared for a Telephonic Status Conference on December 18, 2023, with Magistrate Judge Kellie M. Barr. Counsel confirmed that the pending motion to certify class is now fully briefed, and the conference was concluded without further order. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 12/18/2023) |
| 01/12/2024 | 110 | MOTION for Attorney(s) David H. Thompson to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7979184), filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Thompson, David) (Entered: 01/12/2024) |
| 01/12/2024 | 111 | MOTION for Attorney(s) Brian W. Barnes to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7979220), filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Barnes, Brian) (Entered: 01/12/2024) |
| 01/12/2024 | 112 | MOTION for Attorney(s) John D. Ramer to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7979254), filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Ramer, John) (Entered: 01/12/2024) |
| 01/16/2024 | 113 | ORDER granting 110 Motion to Appear pro hac vice. Attorney David H. Thompson for ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION and THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA added. Signed by Magistrate Judge Kellie M. Barr on 1/16/2024. (SWM) (Entered: 01/17/2024) |
| 01/16/2024 | 114 | ORDER granting 111 Motion to Appear pro hac vice. Attorney Brian W. Barnes for ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION and THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA added. Signed by Magistrate Judge Kellie M. Barr on 1/16/2024. (SWM) (Entered: 01/17/2024) |
| 01/16/2024 | 115 | ORDER granting 112 Motion to Appear pro hac vice. Attorney John Ramer for ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION and THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA added. Signed by Magistrate Judge Kellie M. Barr on 1/16/2024. (SWM) (Entered: 01/17/2024) |
| 01/23/2024 | 116 | ORDER – GRANTING MOTION FOR CLASS CERTIFICATION; Plaintiffs have filed a motion to certify this case as a class action, proposing three Classes and two Subclasses of minor patients, parents, and medical providers at Dkt. 10 . That motion is GRANTED and the proposed Classes and Subclasses are certified. *** SEE ORDER ***. Signed by Judge James Patrick Hanlon on 1/23/2024. (CKM) (Entered: 01/23/2024) |
| 01/23/2024 | 117 | Joint MOTION to Adjourn Case Management Deadlines and Continue Final Pretrial Conference and Trial, filed by Defendants ATTORNEY GENERAL OF THE STATE OF INDIANA, EXECUTIVE DIRECTOR, INDIANA PROFESSIONAL LICENSING AGENCY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, THE INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Barta, James) (Entered: 01/23/2024) |
| 01/25/2024 | 118 | ORDER – The Bench Trial is RESET for 4/28/2025 at 9:00 AM (Eastern Time) in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. The Final Pretrial Conference is RESET for 4/15/2025 at 9:30 AM (Eastern Time) in room #329, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James Patrick Hanlon. The motion to continue case management plan deadlines remains pending on the docket. Dkt. 117 . (See Order.) Signed by Judge James Patrick Hanlon on 1/25/2024. (JSR) (Entered: 01/25/2024) |
| 02/02/2024 | 119 | ORDER SETTING STATUS CONFERENCE – A Telephonic Status Conference is set for 2/6/2024 at 11:30 AM (Eastern Time) before United States Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court’s electronic filing system with the call-in information to be used to participate in the conference. (See Order.) Signed by Magistrate Judge Kellie M. Barr on 2/2/2024. (JSR) (Entered: 02/02/2024) |
| 02/06/2024 | 121 | ENTRY FROM TELEPHONIC STATUS CONFERENCE – The Parties, by counsel, appeared on the record for a Telephonic Status Conference on February 6, 2024, with Magistrate Judge Kellie M. Barr. The conference was held and concluded without further order. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 02/06/2024) |
| 02/13/2024 | 122 | ORDER granting Parties’ 117 Joint Motion to Adjourn Case ManagementDeadlines and Continue Final Pretrial Conference and Trial – See Order for established deadlines. The final pretrial conference and trial have already been reset via separate order. Signed by Magistrate Judge Kellie M. Barr on 2/13/2024. (SWM) (Entered: 02/13/2024) |
| 02/25/2024 | 123 | MOTION to Adjourn Additional Case Management Deadlines, filed by Plaintiffs CATHERINE BAST, K. C., BETH CLAWSON, NATHANIEL CLAWSON, A. M., EMILY MORRIS, MOSAIC HEALTH AND HEALING ARTS, INC., M. R., MARIA RIVERA, M. W., LISA WELCH, RYAN WELCH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 02/25/2024) |
| 02/27/2024 | 124 | ORDER granting 123 Motion to Adjourn Additional Case Management Deadlines. The following new deadlines are established in this case, in addition to the case management deadlines recently established at dkt. 122 : Statement of claims or defenses are to be filed by June 10, 2024. All expert discovery shall be completed by November 5, 2024. Signed by Magistrate Judge Kellie M. Barr on 2/27/2024. (LBT) (Entered: 02/27/2024) |
Last updated 03/11/2024
Reconciled with online docket 03/06/2024