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MEMBERS OF MEDICAL LICENSING BOARD OF INDIANA v. PLANNED PARENTHOOD GREAT NORTHWEST HAWAII ALASKA INDIANA KENTUCKY INC (2022)

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Supreme Court of Indiana.

MEMBERS OF the MEDICAL LICENSING BOARD OF INDIANA, et al., Appellants, v. PLANNED PARENTHOOD GREAT NORTHWEST, HAWAII, ALASKA, INDIANA, KENTUCKY, INC. et al., Appellees.

Court of Appeals Case No. 22A-PL-2260

Decided: October 12, 2022

Published Order

Pending before the Court is Appellants’ motion to transfer jurisdiction from the Court of Appeals under Appellate Rule 56(A). Appellants have also filed a motion to stay the trial court's preliminary injunction pending appeal and a motion to expedite responses to the emergency motion to stay and the emergency motion to transfer. Appellees have filed responses opposing these motions. Having considered the parties’ submissions and being duly advised, a majority of the Court concludes as follows.

The Court GRANTS Appellants’ request for immediate transfer under Appellate Rule 56(A) and directs the Clerk to assign a Supreme Court case number, which shall be used for all future filings in this appeal. Pursuant to Rule 56(A), Appellants’ appeal of the trial court's order granting a preliminary injunction shall proceed in this Court “as if it had been originally filed here,” and the pendency of this appeal does not stay further proceedings in the trial court.

(1) The Appellants’ Brief shall be filed no later than Tuesday, November 1, 2022; the Appellees’ Brief shall be filed no later than Thursday, December 1, 2022; and the Appellants’ Reply Brief shall be filed no later than Friday, December 16, 2022. Extensions of these deadlines will be granted only for extraordinary circumstances. The Court further directs the parties to include in their briefs a discussion of Plaintiffs’ standing to pursue their claims.

(2) The Court will conduct oral argument on Thursday, January 12, 2023, with time and further details to be provided by separate order.

Having granted transfer, the Court DENIES Appellants’ “Emergency Motion to Stay” and DENIES AS MOOT “Appellants’ Verified Emergency Motion to Expedite Response to Emergency Motion to Transfer and Contingent Motion to Expedite Response to Emergency Motion to Stay.”

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