1:14-cv-00405 #51

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

MICHELLE BOLWING, et al.,

Plaintiffs,
v.

MICHAEL PENCE, in his official capacity
as Governor of the State of Indiana, et al.,

Defendants.
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)
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)
)
)
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Case No. 1:14-cv-00405-RLY-TAB

DEFENDANTS-APPELLANTS UNOPPOSED MOTION FOR LEAVE TO FILE
BELATED JOINT DESIGNATION OF RECORD FOR USE ON APPEAL

Defendants-Appellants (hereafter, the State), by counsel, respectfully request
permission to file belatedly the J oint Designation of Record for Use on Appeal. In support
thereof, the State asserts the following:
1. On August 19, 2014, this Court entered its Final J udgment and Entry on Cross-
Motions for Summary J udgment, in which it granted the Plaintiffs motion for summary
judgment and denied the States cross-motion for summary judgment. Docket No. 41.
2. The State filed its Notice of Appeal on August 20, 2014. Docket No. 43.
3. Pursuant to Local Rule 76-1, the parties J oint Designation of the Record on
Appeal must be filed within fourteen days after the Notice of Appeal is filed. Accordingly, the
J oint Designation was due yesterday, September 3, 2014.
4. The appellants other obligation upon the docketing of any appeali.e., the duty
to order the transcript of proceedingsalso must be completed within fourteen days after the
Notice of Appeal is filed. Fed. R. App. P. 10(b). When the Seventh Circuit docketed this
appeal, however, it gave the State fifteen days to fulfill this obligation. See Docket No. 1,
Case 1:14-cv-00405-RLY-TAB Document 51 Filed 09/04/14 Page 1 of 3 PageID #: 561
2

Bowling v. Pence, No. 14-2854 (7th Cir. appeal docketed Aug. 21, 2014) (stating that the
[t]ranscript information sheet [is] due by 09/04/2014.).
1

5. Mistakenly believing that both the Transcript Information Sheet and the J oint
Designation were due on the same date, undersigned counsels staff calendared September 4,
2014, as the due date for both documents. Only today, upon reviewing Local Rule 76-1, did
undersigned counsel realize that the J oint Designation was due yesterday, September 3, 2014,
notwithstanding the extra day allotted by the Seventh Circuit for filing of the Transcript
Information Sheet.
6. Counsel for Plaintiffs-Appellees, Megan Clearwaters, has authorized undersigned
counsel to represent that she has no objection to the belated filing of the J oint Designation of
Record on Appeal.
WHEREFORE, due to undersigned counsels inadvertent error, Defendants-Appellants
respectfully request leave to file a belated J oint Designation of the Record on Appeal, which is
tendered herewith.
Respectfully submitted,

s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General
Office of the Indiana Attorney General
IGC-South, Fifth Floor
302 W. Washington Street
Indianapolis, IN 46204
Phone: (317) 232-6255
Fax: (317) 232-7979
Email: Tom.Fisher@atg.in.gov
Counsel for Defendants/Appellants

1
The Seventh Circuit has stayed briefing in this appeal pending resolution of the related appeal, Baskin v. Bogan,
Nos. 14-2386, 14-2387, and 14-2388. Docket No. 6, Bowling v. Pence, No. 14-2854 (7th Cir. appeal docketed Aug.
21, 2014).
3

CERTIFICATE OF SERVICE

I hereby certify that on September 4, 2014, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which sent notification of such filing to the
following:

Richard A. Mann
Lisa M. J oachim
J ennifer A. Mann
Todd D. Small
Megan L. Clearwaters
RICHARD A. MANN, P.C.
RMann@RichardMann-LawOffice.com
LJ oachim@RichardMann-LawOffice.com
J Mann@MannLaw.us
TSmall@RichardMann-LawOffice.com
MClearwaters@MannLaw.us

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

Office of the Attorney General
Indiana Government Center South 5
th
Floor
302 W. Washington St.
Indianapolis, IN 46204-2770
Phone: (317) 232-6255
Fax: (317) 232-7979



Plaintiffs,
v.


Defendants.
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JOINT DESIGNATION OF RECORD FOR USE ON APPEAL

In compliance with Circuit Rule 10 and Local Rule 76-1, the parties hereby jointly
designate the following items to be included in the record of proceedings for use in the appeal
docketed as Bowling, et al. v. Pence, et al., No. 14-2854:
1. Docket Item 1 Complaint for Declaratory and Injunctive Relief, including all
attachments thereto, filed by Plaintiffs on 03/14/2014

2. Docket Item 7 Order Reassigning Case to J udge Richard L. Young and Magistrate
J udge Tim A. Baker, entered on 03/18/2014

3. Docket Item 9 Notice of Reassignment of Case to J udge Richard L. Young and
Magistrate J udge Tim A. Baker, entered on 03/21/2014

4. Docket Item 17 - Minute Entry, entered on 04/04/2014

5. Docket Item 19 Motion for Summary J udgment, filed by Plaintiffs on 04/21/2014

6. Docket Item 20 Brief/Memorandum in Support re 19 Motion for Summary
J udgment, filed by Plaintiffs on 04/21/2014

7. Docket Item 21 Designation of Evidence re 19 Motion for Summary J udgment, 20
Brief/Memorandum in Support of Motion, including all attachments thereto, filed by
Plaintiffs on 04/21/2014

8. Docket Item 25 Motion for Summary J udgment, filed by Defendants on
05/29/2014
Case 1:14-cv-00405-RLY-TAB Document 51-1 Filed 09/04/14 Page 1 of 4 PageID #: 564
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9. Docket Item 26 Brief/Memorandum in Support re 25 Motion for Summary
J udgment and in Opposition to Plaintiffs Motion for Summary J udgment, filed by
Defendants on 05/29/2014

10. Docket Item 27 Defendants Answer to 1 Complaint for Declaratory and Injunctive
Relief, filed by Defendants on 06/16/2014

11. Docket Item 30 Reply in Support re 19 Plaintiffs Motion for Summary J udgment
and in Response to 25 Defendants Motion for Summary J udgment, filed by Plaintiffs
on 06/26/2014

12. Docket Item 31 Designation of Evidence re 30 Reply in Support of Plaintiffs
Motion for Summary J udgment, including all attachments thereto, filed by Plaintiffs
on 06/26/2014

13. Docket Item 35 Anticipatory Motion for Stay of J udgment Pending Appeal, filed
by Defendants on 07/14/2014

14. Docket Item 36 First Motion to Supplement Designations, including all
attachments thereto, filed by Plaintiffs on 07/21/2014

15. Docket Item 37 Notice of Supplemental Designation, including all attachments
thereto, filed by Plaintiffs on 07/21/2014

16. Docket Item 38 Reply in Support re 25 Motion for Summary J udgment, filed by
Defendants on 07/24/2014

17. Docket Item 39 Response in Opposition re 35 Anticipatory Motion for Stay of
J udgment Pending Appeal, filed by Plaintiffs on 07/24/2014

18. Docket Item 40 Order granting Plaintiffs 36 Motion to Supplement Designations,
entered on 08/19/2014

19. Docket Item 41 Order granting Plaintiffs 19 Motion for Summary J udgment,
denying Defendants 25 Motion for Summary J udgment, and granting Defendants 35
Anticipatory Motion for Stay of J udgment Pending Appeal, entered on 08/19/2014

20. Docket Item 42 Closed judgment in favor of Plaintiffs and against Defendants,
entered on 08/19/2014

21. Docket Item 43 Notice of Appeal as to 41 Order on Motion for Summary
J udgment, filed by Defendants on 08/20/2014

22. Docket Item 44 Docketing Statement re 43 Notice of Appeal, filed by Defendants
on 08/20/2014
3

Respectfully submitted,

s/ Thomas M. Fisher
Thomas M. Fisher
Solicitor General
Office of the Indiana Attorney General
IGC-South, Fifth Floor
302 W. Washington Street
Phone: (317) 232-6255
Fax: (317) 232-7979
Counsel for Defendants/Appellants

s/ Richard A. Mann (with permission)
Richard A. Mann
Richard A. Mann, PC
3750 Kentucky Avenue
Phone: (317) 388-2600
Fax: (317) 388-5622
Email: rmann@mannlaw.us
Counsel for Plaintiffs/Appellees

s/ Megan L. Clearwaters (with permission)
Richard A. Mann, PC
3750 Kentucky Avenue
Phone: (317) 388-2600
Fax: (317) 388-5622
Email: mclearwaters@richardmann-lawoffice.com
Counsel for Plaintiffs/Appellees
4

CERTIFICATE OF SERVICE

I hereby certify that on September 4, 2014, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which sent notification of such filing to the
following:

Richard A. Mann
Lisa M. J oachim
J ennifer A. Mann
Todd D. Small
RICHARD A. MANN, P.C.
RMann@RichardMann-LawOffice.com
LJ oachim@RichardMann-LawOffice.com
J Mann@MannLaw.us
TSmall@RichardMann-LawOffice.com
MClearwaters@MannLaw.us

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

Office of the Attorney General
Indiana Government Center South 5
th
Floor
302 W. Washington St.
Indianapolis, IN 46204-2770
Phone: (317) 232-6255
Fax: (317) 232-7979



Plaintiffs,
v.


Defendants.
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)
)
)
)
)
)
)
)


ORDER

This matter came before the Court on Defendants-Appellants Unopposed Motion for
Leave to File Belated J oint Designation of the Record on Appeal, and the Court, being duly
advised, now finds that the Motion should be, and the same is hereby, GRANTED.
It is therefore ORDERED that Defendants-Appellants may file belatedly their J oint
Designation of the Record on Appeal, and that the same shall be deemed filed as of today,
September 4, 2014.

_________________ ____________________________________
Date Chief J udge, United States District Court

Distribution to all counsel of record by CM/ECF


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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

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