FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
MICHELLE BOWLING, SHANNON ) BOWLING and LINDA BRUNER, ) ) Plaintiffs, ) ) vs. ) Case No. 1:14-cv-0405-RLY-TAB ) MICHAEL PENCE, in his official capacity as ) Governor of the State of Indiana, GREGORY ) ZOELLER, in his official capacity as Attorney ) General for the State of Indiana, ) MICHAEL ALLEY, in his capacity as ) Commissioner of the Indiana Department of ) Revenue; and ANITA SAMUEL, in her capacity ) as Executive Director of the Indiana Department ) of State Personnel, ) ) Defendants. ) ______________________________________________________________________________
PLAINTIFFS' FIRST MOTION TO SUBMIT SUPPLEMENTAL DESIGNATION OF EVIDENCE IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________
Plaintiffs, Michelle Bowling, Shannon Bowling, and Linda Bruner (collectively "Plaintiffs"), by and through counsel, respectfully move this Court for permission to submit the accompanying Plaintiffs' Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. This supplemental evidence is relevant to the pending matters before this Court as it is in response to Defendants' argument that the Governor is not a proper party as he has no authority to enforce Indiana's Anti-Recognition Statute. Further, the evidence Plaintiffs seek to designate it was only issued on July 7, 2014, and could not have been designated as evidence previously in Plaintiffs' Designation of Evidence filed with their Motion for Summary Judgment or in Case 1:14-cv-00405-RLY-TAB Document 36 Filed 07/21/14 Page 1 of 2 PageID #: 462 2
Plaintiffs' Supplemental Designation of Evidence filed with their Response in Opposition to Defendants' Motion for Summary Judgment and Reply Brief in Support of Plaintiffs' Motion for Summary Judgment. Plaintiffs' counsel have conferred with counsel for Defendants, and Defendants do not consent to this motion. Respectfully submitted,
/s/ Richard A. Mann Richard A. Mann, Atty. No. 9864-49 Lisa M. Joachim, Atty. No. 25322-45 Jennifer R. Mann, Atty. No. 28163-49 Todd D. Small, Atty. No. 28783-49 Megan L. Clearwaters, Atty. No. 30564-49 RICHARD A. MANN, P.C. 3750 Kentucky Avenue Indianapolis, Indiana 46221 Telephone: (317) 388-5600 Facsimile: (317) 388-5622 RMann@MannLaw.us LJoachim@RichardMann-LawOffice.com JMann@MannLaw.us TSmall@RichardMann-LawOffice.com MClearwaters@MannLaw.us Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that on July 21, 2014, a copy of the foregoing Plaintiffs' Motion to Submit Second Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment was filed electronically. Service of this filling will be made on all ECF-registered counsel by operation of the courts electronic filing system. Parties may access this filing through the courts system. I further certify that on July 21, 2014, a copy of the foregoing Plaintiffs' Motion to Submit Second Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment was mailed, by first-class U.S. Mail, postage prepaid and properly addressed to the following: NONE
/s/ Richard A. Mann Richard A. Mann Attorney at Law Case 1:14-cv-00405-RLY-TAB Document 36 Filed 07/21/14 Page 2 of 2 PageID #: 463 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
MICHELLE BOWLING, SHANNON ) BOWLING and LINDA BRUNER, ) ) Plaintiffs, ) ) vs. ) Case No. 1:14-cv-0405-RLY-TAB ) MICHAEL PENCE, in his official capacity as ) Governor of the State of Indiana, GREGORY ) ZOELLER, in his official capacity as Attorney ) General for the State of Indiana, ) MICHAEL ALLEY, in his capacity as ) Commissioner of the Indiana Department of ) Revenue; and ANITA SAMUEL, in her capacity ) as Executive Director of the Indiana Department ) of State Personnel, ) ) Defendants. )
ORDER GRANTING PLAINTIFFS' FIRST MOTION TO SUBMIT SUPPLEMENTAL DESIGNATION OF EVIDENCE IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
This cause comes before the Court upon Plaintiffs' Motion to Submit Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. The Court, being duly advised in the premises and having considered Plaintiffs' Motion to Submit Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, now finds that said Motion is hereby GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that Plaintiffs'' Motion to Submit Supplemental Designation of Evidence in Support of Plaintiffs' Motion for Summary Case 1:14-cv-00405-RLY-TAB Document 36-1 Filed 07/21/14 Page 1 of 2 PageID #: 464 Judgment and in Opposition to Defendants' Motion for Summary Judgment is granted and Exhibit 10 is properly designated before the Court.
Date:____________ _________________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana Distribution:
All ECF-registered counsel of record via e-mail
Case 1:14-cv-00405-RLY-TAB Document 36-1 Filed 07/21/14 Page 2 of 2 PageID #: 465
TAITZ V ASTRUE (USDC HI) - 15 - ORDER DENYING PLAINTIFF'S EMERGENCY EX PARTE MOTION FOR EMERGENCY ORDER TO SHOW CAUSE AND - Gov - Uscourts.hid.98529.15.0