Case 4:14-cv-00015-RLY-TAB Document 18 Filed 04/04/14 Page 1 of 3 PageID #: 248

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION

MELISSA LOVE, et al., Plaintiffs, v. MICHAEL RICHARD PENCE, in his official capacity as Governor of the State of Indiana, Defendant.

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No. 4:14-CV-15-RLY-TAB

DEFENDANTS MOTION TO DISMISS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTON

Pursuant to Federal Rule of Civil Procedure 12(b)(1), Defendant Michael Pence, in his

official capacity as Governor of the State of Indiana, respectfully moves the Court to dismiss the Complaint. In support of this motion, the Defendant asserts as follows: 1. Plaintiffs have sued a Defendant who cannot provide Plaintiffs with any relief or

redress. Under the requirements for Article III standing, Plaintiffs asserted injuries are not traceable to the Defendant, and the Court will be unable to redress the Plaintiffs claims. The Court therefore lacks Article III subject matter jurisdiction. 2. Under Indiana law, the Defendant does not enforce Indiana Code Section 31-11-

1-1, which is the State law that Plaintiffs are challenging. Accordingly, sovereign immunity and the Eleventh Amendment bar adjudication against Defendant. In further support of this Motion, the Defendant respectfully refers the Court to his Memorandum in Support of Defendants Motion to Dismiss, filed herewith.

Case 4:14-cv-00015-RLY-TAB Document 18 Filed 04/04/14 Page 2 of 3 PageID #: 249

WHEREFORE, Defendant Michael Pence, in his official capacity as Governor of the State of Indiana, respectfully moves the Court to dismiss the Complaint and to grant the Defendant such further relief as is just and equitable.

Respectfully submitted, GREGORY F. ZOELLER Attorney General of Indiana /s/ Thomas M. Fisher Thomas M. Fisher Solicitor General Office of the Attorney General Indiana Government Center South Fifth Floor 302 West Washington Street Indianapolis, IN 46205 (317) 232-6255 Attorneys for State of Indiana

Case 4:14-cv-00015-RLY-TAB Document 18 Filed 04/04/14 Page 3 of 3 PageID #: 250

CERTIFICATE OF SERVICE I hereby certify that on the 4th day of April, 2014, a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent to the following parties by operation of the Courts electronic filing system. Parties may access this filing through the Courts system. Daniel J. Canon dan@justiceky.com Laura E. Landenwich laura@justiceky.com Shannon Fauver shannon@fauverlaw.com

s/ Thomas M. Fisher Thomas M. Fisher Solicitor General

Office of the Indiana Attorney General Indiana Government Center South, Fifth Floor 302 W. Washington Street Indianapolis, IN 46204-2770 Telephone: (317) 232-6255 Facsimile: (317) 232-7979 Tom.Fisher@atg.in.gov