Case 1:14-cv-00404-RLY-TAB Document 39 Filed 04/25/14 Page 1 of 3 PageID #: 218

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MIDORI FUJII, et al., Plaintiffs, v. GOVERNOR, STATE OF INDIANA, et al., Defendants. ) ) ) ) ) ) ) ) ) )

No. 1:14-cv-404 RLY-TAB

STIPULATION CONCERNING CASE STATUS AND BRIEFING SCHEDULE Plaintiffs and the State defendants (the Governor; Commissioner, Indiana State Department of Revenue; and, the Commissioner, Indiana State Department of Health), by their counsel, say that: 1. Plaintiffs currently have pending their motion for preliminary injunction (ECF No. 23);

motion to consolidate preliminary injunction proceeding with final trial on the merits (ECF No. 24); and, motion for summary judgment (ECF No. 33). 2. Plaintiffs desire to have this case decided as quickly as possible and defendants have no

objection to this, but desire to have an adequate opportunity to respond to plaintiffs legal arguments. 3. 4. Plaintiffs do not see the necessity of having an oral argument on their motions. Plaintiffs agree to withdraw their motion for preliminary injunction and motion to

consolidate, and to instead rely solely on their motion for summary judgment. 5. The State defendants agree to respond to the motion for summary judgment no later than

May 7, 2014 and the plaintiffs agree to file their reply memorandum no later than May 9, 2014, so that the case will be ready for decision thereafter. 1|Page

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6.

The parties agree that the page limit for the State defendants response should be 60

pages and the page limit for the plaintiffs reply should be 35 pages. 7. Plaintiffs counsel has contacted Darren Murphy, attorney for the Hamilton County Clerk

and Thomas Hardin, attorney for the Allen County Clerk, who are deferring to the Office of the Attorney General in the briefing of this case and therefore have no objection to this Stipulation. WHEREFORE, plaintiffs and the State defendants file this Stipulation and request that it be approved, and for all other proper relief.

For the plaintiffs: /s/ Kenneth J. Falk Kenneth J. Falk No. 6777-49 ACLU of Indiana 1031 E. Washington St. Indianapolis, IN 46202 317/635-4059 ext. 104 fax: 317/635-4105 kfalk@aclu-in.org Counsel for plaintiffs Wehrle, Miller, Hasty,Vallero, MacPherson, Stolen, A.M.-S. /s/ Sean C. Lemieux (w/permission) Sean C. Lemieux No. 16778-49 Lemieux Law 23 E. 39th St. Indianapolis, IN 46205 317/985-5809 fax: 866/686-2901 sean@lemieuxlawoffices.com Counsel for plaintiffs Fujii, Layne, Betterman, L.M.-C., Scott and Rodney MoubrayCarrico 2|Page

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For the State defendants:

/s/ Thomas M. Fisher (w/permission ) Thomas M. Fisher No. 17949-49 Solicitor General Office of the Attorney General IGCS-5th Floor 302 W. Washington St. Indianapolis, IN 46204 317/232-6255 fax: 317/232-7979 tom.fisher@atg.in.gov

Certificate of Service I certify that a copy of the foregoing was filed electronically on this 25th day of April, 2014. The following parties will be served by operation of the Courts electronic system. Thomas A. Hardin thardin@shineandhardin.com Darren J. Murphy dmurphy@ori.net /s/ Kenneth J. Falk Kenneth J. Falk Attorney at Law

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Case 1:14-cv-00404-RLY-TAB Document 39-1 Filed 04/25/14 Page 1 of 1 PageID #: 221

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MIDORI FUJII, et al., Plaintiffs, v. GOVERNOR, STATE OF INDIANA, et al., Defendants. ) ) ) ) ) ) ) ) ) )

No. 1:14-cv-404 RLY-TAB

ORDER Plaintiffs and the State defendants (the Governor; Commissioner, Indiana State Department of Revenue; and, the Commissioner, Indiana State Department of Health), having filed their Stipulation Concerning Case Status and Briefing Schedule, and the Court having read the Stipulation, and being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that: 1. The plaintiffs motion for preliminary injunction (ECF No. 23) and motion to

consolidate preliminary injunction proceeding with final trial on the merits (ECF No. 24), are deemed withdrawn. 2. The State defendants shall respond to the plaintiffs motion for summary

judgment no later than May 7, 2014, and plaintiffs shall file their reply no later than May 9, 2014, and upon the filing of the reply the case will be ready for decision. 3. The page limit for the State defendants response is 60 pages and the page limit

for plaintiffs reply is 35 pages.

___________ Date

_______________________________________________ Chief Judge, United States District Court

Distribution to all registered counsel of record by CM/ECF