Case 1:14-cv-00404-RLY-TAB Document 21 Filed 04/01/14 Page 1 of 4 PageID #: 90


MIDORI FUJII, et al., Plaintiffs, v. GOVERNOR, STATE OF INDIANA, in his official capacity, et al., Defendants.

) ) ) ) ) ) ) ) ) )

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

Report by Counsel Plaintiffs, by their counsel, say that: 1. Following the filing of the Motion for Attorneys’ Conference, plaintiffs’ counsel in the

five cases pending before this Court concerning the constitutionality of Indiana Code § 31-11-11, discussed the cases in a conference call. 2. Counsel in the five cases were not able to reach agreement concerning the best way to

proceed in these cases. 3. The plaintiffs in Baskin v. Bogan (No. 1:14-cv-355 RLY-TAB) and Fujii v. Governor

(No. 1:14-cv-404 RLY-TAB) proposed to file motions for preliminary injunction, and supporting material, on behalf of some or all of the plaintiffs they represent no later than April 11, 2014. These plaintiffs reserve the right to accompany the preliminary injunction motion with a motion to consolidate the preliminary injunction with the hearing on the merits pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure. 4. The plaintiffs in Love v. Pence (No. 4:14-cv-15 RLY-TAB) filed their motion for

preliminary injunction on March 31, 2014.

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Case 1:14-cv-00404-RLY-TAB Document 21 Filed 04/01/14 Page 2 of 4 PageID #: 91


With the exception of plaintiffs in Love v. Pence, the remaining plaintiffs agreed to

reserve the right to file motions for summary judgment, and supporting material, although a number of the plaintiffs wished to reserve the right to file dispositive motions until after defendants file their answers in the cases to the extent that the merits of cases have not been consolidated with preliminary injunction requests. 6. Undersigned counsel discussed the contents of this Report with Heather McVeigh,

Deputy Solicitor General of the Indiana Attorney General’s office and sent a copy to both Ms. McVeigh and Thomas Fisher, Solicitor General, on April 1, 2014. WHEREFORE, plaintiffs file this Report.

/s/ Kenneth J. Falk Kenneth J. Falk No. 6777-49

Gavin M. Rose No. 26565-53 ACLU of Indiana 1031 E. Washington St. Indianapolis, IN 46202 317/635-4059 fax: 317/635-4105 James Esseks Motion for Admission Pro Hac Vice to Be Filed Chase Strangio Motion for Admission Pro Hac Vice to Be Filed American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 212/549.2627 fax: 212/549-2650

/s/ Sean C, Lemieux Sean C. Lemieux No. 16778-49 Lemieux Law 23 E. 39th St. Indianapolis, IN 46205 317/985-5809 fax: 866/686-2901 Counsel for plaintiffs Fujii, Layne, Betterman, L.M.-C., Scott and Rodney MoubrayCarrico

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Case 1:14-cv-00404-RLY-TAB Document 21 Filed 04/01/14 Page 3 of 4 PageID #: 92

Counsel for plaintiffs Wehrle, Miller, Hasty, Vallero, MacPherson, Stolen, A.M.-S.

Certificate of Service I hereby certify that on this 1st day of April, 2014, a copy of the foregoing was filed electronically with the Clerk of this Court. Notice of this filing will be sent to the following parties by operation of the Court's electronic filing system and the parties may access this filing through the Court's system. Thomas M. Fisher Solicitor General I also certify that a copy of the foregoing was served on the below named persons by first class U.S. postage, or via certified mail, on this 1st day of April, 2014. Clerk, Allen County, Indiana Allen County Courthouse 715 S. Calhoun St. Room 200A Fort Wayne, IN 46802 Clerk, Hamilton County, Indiana One Hamilton County Square Suite 157 Noblesville, IN 46060 A courtesy copy has also been served on this date, via e-mail, on:

Daniel J. Canon Laura E. Landenwich Shannon Fauver

Barbara Baird Page | 3

Case 1:14-cv-00404-RLY-TAB Document 21 Filed 04/01/14 Page 4 of 4 PageID #: 93

Paul D. Castillo Camilla B. Taylor Jordan M. Heinz Brent P. Ray Dmitriy G. Tishyevick Robyn R. English

Richard A. Mann Lisa M. Joachin Todd D. Small

Karen Celestino-Horseman William R. Groth Mark W. Sniderman Kathleen M. Sweeney

/s/ Kenneth J. Falk Kenneth J. Falk Attorney at Law

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