VERONICA ROMERO, individually ) and as parent and next friend of B.Y.R. ) and I.R. and MAYRA YVETTE RIVERA, ) ) Plaintiffs, ) v. ) CAUSE No. 2:14-cv-325-JVB-PRC ) MICHAEL A. BROWN, in his official ) Capacity as LAKE COUNTY CLERK; ) WILLIAM C. VANNESS II, M.D., in his ) Official capacity as the COMMISSIONER ) INDIANA STATE DEPARTMENT OF ) HEALTH; and GREG ZOELLER, in his ) Official capacity as INDIANA ) ATTORNEY GENERAL, ) ) Defendants. )
STIPULATION
The parties, by their respective counsel, hereby stipulate as follows: 1. That the Court enter the attached Order on Request for Preliminary Injunction. 2. That all further proceedings in this case, including the necessity of filing an answer or other response to the complaint, be stayed pending a decision in the case now filed in the Supreme Court of the United States under cause number 14-277, Penny Bogan, in her Official Capacity as Boone County Clerk, et al., v. Marilyn Rae Baskin, et al. All defenses to the merits are preserved to the defendants; no defense to the merits is waived. 3. That no bond be required of the plaintiffs. case 2:14-cv-00325-JVB-PRC document 12 filed 09/10/14 page 1 of 3 2
WHEREFORE, the parties urge the court to enter the attached Order, stay all proceedings until further order of the court and grant them all other just and proper relief. Respectfully Submitted,
s/J. Michael Hearon (with permission) J. Michael Hearon, #31597-49 QUARLES & BRADY LLP 135 North Pennsylvania Street Indianapolis, Indiana 46204 Telephone: (317) 957-5000 Facsimile: (317) 957-5017 michael.hearon@quarles.com
Counsel for Plaintiffs Respectfully Submitted,
GREGORY F. ZOELLER Indiana Attorney General Atty. # 1958-98
By: s/Melinda J. Schwer Melinda J. Schwer, #19351-53 Deputy Attorney General
By: s/David A. Arthur David A. Arthur, #2461-48 Deputy Attorney General Indiana Govt. Center South, 5th Floor 302 W. Washington Street Indianapolis, IN 46204-2770 Telephone: (317_ 234-4665 (Schwer) Telephone: (317) 232-6286 (Arthur) Facsimile: (317) 232-7979 Melinda.Schwer@atg.in.gov David.Arthur@atg.in.gov
Counsel for VanNess and Zoeller s/Nancy Moore Tiller (with permission) Nancy Moore Tiller, #1652045 NANCY MOORE TILLER & ASSOC. 11035 Broadway, Suite A Merrillville, Indiana 46307 Telephone: (219) 662-2300 Facsimile: ((219) 662-8739 NMT@tillerlaw.com
Counsel for Brown
case 2:14-cv-00325-JVB-PRC document 12 filed 09/10/14 page 2 of 3 3
CERTIFICATE OF SERVICE
I hereby certify that on September 10, 2014, I electronically filed the foregoing stipulation and the attachment to it with the Clerk of the Court using the CM/ECF system which sent notification of such filing to the following: Lucy R. Dollens J. Michael Hearon QUARLES & BRADY LLP Lucy.Dollens@quarles.com Michael.Hearon@quarles.com
Nancy Moore Tiller NANCY MOORE TILLER & ASSOC. NMT@tillerlaw.com
s/David A. Arthur David A. Arthur Deputy Attorney General
case 2:14-cv-00325-JVB-PRC document 12 filed 09/10/14 page 3 of 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION
VERONICA ROMERO, individually ) and as parent and next friend of B.Y.R. ) and I.R. and MAYRA YVETTE RIVERA, ) ) Plaintiffs, ) v. ) CAUSE No. 2:14-cv-325-JVB-PRC ) MICHAEL A. BROWN, in his official ) Capacity as LAKE COUNTY CLERK; ) WILLIAM C. VANNESS II, M.D., in his ) Official capacity as the COMMISSIONER ) INDIANA STATE DEPARTMENT OF ) HEALTH; and GREG ZOELLER, in his ) Official capacity as INDIANA ) ATTORNEY GENERAL, ) ) Defendants. )
ORDER ON REQUEST FOR PRELIMINARY INJUNCTION
The parties, by their respective counsel, having filed their Stipulation, the court now ORDERS as follows: 1. Defendants Michael A. Brown, in his Official Capacity as Lake County Clerk, William C. VanNess II, M.D., in his Official Capacity as Commissioner, State Department of Health, and Greg Zoeller, in his Official Capacity as Indiana Attorney General, and all those acting in concert with them are ENJOINED from enforcing Indiana statute 31-11-1-1(b) against recognition of Plaintiffs, Veronica Romeros and Mayra Yvette Riveras, valid out-of-state marriage; the State of Indiana must recognize their marriage. In addition, should either Plaintiff pass away in Indiana, the court orders William C. VanNess II, M.D., in his official case 2:14-cv-00325-JVB-PRC document 12-1 filed 09/10/14 page 1 of 3 2
capacity as the Commissioner of the Indiana State Department of Health and all those acting in concert, to issue a death certificate that records her marital status as married and lists the other Plaintiff as the surviving spouse. This order shall require that Defendant VanNess issue directives to local health departments, funeral homes, physicians, coroners, medical examiners, and others who may assist with the completion of said death certificate explaining their duties under the order of this court. This preliminary injunction will remain in force until the court renders judgment on the merits of the Plaintiffs claims. 2. All further proceedings in this case, including the necessity of filing an answer or other response to the complaint, are hereby STAYED pending a decision in the case now filed in the Supreme Court of the United States under cause number 14-277, Penny Bogan, in her Official Capacity as Boone County Clerk, et al., v. Marilyn Rae Baskin, et al. All defenses to the merits are preserved to the defendants. 3. The above ORDER is issued without bond. All of which is ORDERED this ____ day of September, 2014.
__________________________________________ JOSEPH VAN BOKKELEN United States District Judge
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Copies to:
J. Michael Hearon QUARLES & BRADY LLP michael.hearon@quarles.com
Lucy R. Dollens QUARLES & BRADY LLP lucy.dollens@quarles.com
Melinda J. Schwer Deputy Attorney General Melinda.Schwer@atg.in.gov
David A. Arthur Deputy Attorney General David.Arthur@atg.in.gov
Nancy Moore Tiller NANCY MOORE TILLER & ASSOC. NMT@tillerlaw.com
case 2:14-cv-00325-JVB-PRC document 12-1 filed 09/10/14 page 3 of 3