Amended CMO and PTO

FILED
September 28, 2018
CLERK OF THE HAMILTON

CIRCUIT COURT
STATE OF INDIANA ) HAMILTON SUPERIOR COURT

SS:
COUNTY OF HAMILTON g CAUSE NO. 29D01-1512-MI-10207
INDIANA FAMILY INSTITUTE, INC; et aL,
Plaintiffs,
V. VVVVVVVVV
THE CITY OF CARMEL, INDIANA; et al.,
Defendants.
AMENDED CASE MANAGEMENT PLAN

AND PRETRIAL ORDER
The Court previously approved and entered a Case Management Plan and
Pretrial Order 0n April 19, 2017. On September 14, 2017, the Court entered an Order
Staying Proceedings, Which suspended all remaining dates and deadlines set forth in
the April 19, 2017 Case Management Plan and Pretrial Order pending the outcome
0f the U.S. Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil
Rights Commission (N0. 16-111). That decision has now been rendered. Accordingly,
the parties, by their respective counsel, hereby agree t0 and respectfully propose the
resumption 0f case management dates and deadlines as set forth in the following
Amended Case Management Plan and Pretrial Order, and request the Court approve
and enter the same.
1. Discovery Deadlines. The parties shall complete all written
discovery and complete all depositions 0n 01' before December 12, 2018.
2. Dispositive Motions. Plaintiffs shall file all motions for summary
judgment 0r other dispositive motions 0n 01' before January 28, 2018. Defendants
shall file all responses thereto and any cross-motions for summary judgment or other
dispositive cross-motions 0n or before March 8, 2019. Plaintiffs shall file all responses
to Defendants’ cross-motions and all replies in support of their own motions on or
before April 22, 2019. Defendants shall file all replies in support of their own cross-
motions on 0r before May 6, 2019. Defendants will confer to avoid repetition and
duplication in briefing to the extent possible. The parties also will endeavor to avoid
requesting any modification of the briefing schedule to the extent possible. The
parties are available for summary judgment or other dispositive motion hearing 0n
June 4, 2019, t0 begin at 9:00 a.m.
3. Final Witness and Exhibit Lists. The parties shall file and serve
final Witness and exhibit lists 0n or before May 20, 2019. The'se final lists should
reflect the specific potential witnesses the party may call at trial and the specific
documents the party may introduce into evidence at trial. It is not sufficient for a
party to simply incorporate by reference “any witness listed in discovery” or “any
document listed in discovery,” or such other general statements. The list of final
witnesses shall include a brief synopsis of the expected testimony. Impeachment
Witnesses and exhibits need not be listed.
4. Ilia}. The parties anticipate a trial shall require five (5) days. The case
is set for a bench trial to begin on August 5, 2019 at 9:00 a.m.
5. Pretrial Matters. A final pre~tria1 conference is scheduled for two (2)
hours on July 26, 2019, at 1:30 p.m. No later than five (5) days before the final
pretrial conference, the parties shall:

Each file a numbered list of trial witnesses, by name and address,
'
who are actually expected to be called to testify at trial. This list
m-ay not; ificlude any witnesses not on a party’s final witness list
filed pursuant to Paragraph 3. Impeachment witnesses need not
be listed.
Each file a numbered list of trial exhibits, other than
impeachment exhibits, that includes an identifying designation
for each exhibit, a description of each exhibit, and whether the
parties have stipulated to its authenticity and/or admissibility.
Stipulations as to the authenticity and admissibility of exhibits
are encouraged t0 the greatest extent possible. To facilitate
stipulations, each party shall make copies of the exhibits listed on
its trial exhibit lists available for inspection and/or copying by
opposing counsel.
Jointly submit written stipulations 0f any facts not in genuine
dispute. Stipulations 0f fact are encouraged to the greatest extent
possible so that at trial, the parties can concentrate on relevant
contested facts.
Jointly submit written stipulations of any legal issues not in
genuine dispute.
Jointly submit a concise statement of the issues 0f law Which
remain for determination by the Court.

f. Jointly submit a list of all motions and other matters requiring
action by the Court.
Counsel shall file any trial briefs and other pretrial motions no later than twenty-one
(21) days before trial. Responses to any such filings shall be filed no later than
fourteen (14) days before trial.
6. Trial Date. A trial date, pretrial conference date, and any other
necessary case management deadlines not specifically established herein will be set
by the Court pursuant to a separate Order.
7. Continuation of Dea‘dlines. If the trial date should be continued at
the request of any party, or by the Court on its own motion, the deadlines outlined
herein shall be revised and resubmitted to the Court for approval. In the event any
party desires the amendment or extension of a deadline contained herein, such party
shall first contact the other parties to attempt t0 obtain an informal modification of
such deadline prior to submitting a request for relief to the Court for consideration.
8. Compliance with Trial Rule 161C). To the extent matters are not
specifically addressed herein or in another Court order, the parties are directed to
comply with the requirements of Trial Rule 16(0).

Respectfully submitted,
/s/ Corrine L. Youngs

James Bopp, J1‘., Atty. N0. 2888-84
Richard E. Coleson, Atty. N0. 11527-70
Corrine L. Youngs, Atty. N0. 32725-49
The Bopp Law Firm, PC
1 South Sixth Street
Terre Haute, Indiana 47807-8510
Telephone: (812) 232-2434
jboppj1‘@a01.com
1‘coleson@b0pplaw.com
Cpurvis@b0pplaw.com
Amanda L. Narog, Atty. N0. 6421-95-TA

The Bopp Law Firm, PC
275 Woodstone Way
Lebanon, Ohio 45036
Telephone: (830) 442-8658
anarogrgbopplavvfiom
Attorneys for Plaintiffs

IslLibbv Yin Goodkn_ight

Jeffrey C. McDermott, Atty. No. 11247-49
Matthew C. Branic, Atty. No. 25496—49
KRIEG DeVAULT LLP
12800 North Meridian Street, Suite 300
Carmel, Indiana 46032
Telephone: (317) 566-1110
imcdermott@kdleaal.com
mbranic@kdlegal.com
Libby Yin Goodknight, Atty. No. 20880-49B

KRIEG DeVAULT LLP
One Indiana Square, Suite 2800
Indianapolis, Indiana 46204
Telephone: (317) 636-4341
lgoodknigthkdlegal.com
Douglas C. Haney, Atty. N0. 11207-49

City of Carmel Corporation Counsel
One Civil Square
Carmel, Indiana 46032
Telephone: (317) 571-2472
DHanev@carmel.in.gov
Attorneys for Carmel Defendants
IslMichael M. Rouker
I
Michael M. Rouker, Atty. No. 28422-53
Larry D. Allen, Atty. No. 30505-53
City 0f Bloomington Legal Department
401 North Morton Street, #220
Bloomington, Indiana 47404
Telephone: (812) 349-3426
allelebloomingtonin.gov
roukeerbloomingtonin.gov
Attorneys for Bloomington Defendants

Donald E. Morgan
Isl
Donald E. Morgan, Atty. No. 30776-49

City of Indianapolis
Office of Corporation Counsel
200 E. Washington Street, Suite 1601
Indianapolis, Indiana 46204
Telephone: (317) 327-4055
d0na1d.morgan@indv.gov
Attorneys for Indianapolis Defendants
Alan L. Whitted
/s/
Alan L. Whitted, Atty. No. 1635-03

Alex R. Whitted, Atty. N0. 31132-03
Office of the City Attorney
City 0f Columbus
431 Washington Street
Columbus, Indiana 47201
Telephone: (812) 376-6676
a1an@whittedlaw.com
a1ex@whittedlaw.com
Attorneys for Columbus Defendants
Is/Jefferson S. Garn
Jefferson S. Garn, Atty. No. 29921-49
Office of the Indiana Attorney General
Indiana Government Center South, 5th Floor
302 West Washington Street
Indianapolis, Indiana 46204-2770
Telephone: (317) 234-2415
E-Mail: Jefferson.Garn@atg.in.gov
Attorneys for State of Indiana

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The Honorable Steven R. N'a%n,
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KD_9622424_3.docx

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FILED

September 28, 2018

CLERK OF THE HAMILTON

STATE OF INDIANA ) HAMILTON SUPERIOR COURT

INDIANA FAMILY INSTITUTE, INC; et aL,

THE CITY OF CARMEL, INDIANA; et al.,

AMENDED CASE MANAGEMENT PLAN

0f the U.S. Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil

and enter the same.

1. Discovery Deadlines. The parties shall complete all written

2. Dispositive Motions. Plaintiffs shall file all motions for summary

to Defendants’ cross-motions and all replies in support of their own motions on or

June 4, 2019, t0 begin at 9:00 a.m.

party to simply incorporate by reference “any witness listed in discovery” or “any

witnesses shall include a brief synopsis of the expected testimony. Impeachment

Witnesses and exhibits need not be listed.

is set for a bench trial to begin on August 5, 2019 at 9:00 a.m.

5. Pretrial Matters. A final pre~tria1 conference is scheduled for two (2)

pretrial conference, the parties shall:

who are actually expected to be called to testify at trial. This list

filed pursuant to Paragraph 3. Impeachment witnesses need not

Each file a numbered list of trial exhibits, other than

impeachment exhibits, that includes an identifying designation

for each exhibit, a description of each exhibit, and whether the

parties have stipulated to its authenticity and/or admissibility.

Stipulations as to the authenticity and admissibility of exhibits

are encouraged t0 the greatest extent possible. To facilitate

stipulations, each party shall make copies of the exhibits listed on

its trial exhibit lists available for inspection and/or copying by

Jointly submit written stipulations 0f any facts not in genuine

dispute. Stipulations 0f fact are encouraged to the greatest extent

possible so that at trial, the parties can concentrate on relevant

Jointly submit written stipulations of any legal issues not in

Jointly submit a concise statement of the issues 0f law Which

remain for determination by the Court.

action by the Court.

fourteen (14) days before trial.

by the Court pursuant to a separate Order.

7. Continuation of Dea‘dlines. If the trial date should be continued at

comply with the requirements of Trial Rule 16(0).

/s/ Corrine L. Youngs

Amanda L. Narog, Atty. N0. 6421-95-TA

Attorneys for Plaintiffs

IslLibbv Yin Goodkn_ight

Libby Yin Goodknight, Atty. No. 20880-49B

Douglas C. Haney, Atty. N0. 11207-49

Attorneys for Carmel Defendants

Attorneys for Bloomington Defendants

Donald E. Morgan, Atty. No. 30776-49

Attorneys for Indianapolis Defendants

Alan L. Whitted, Atty. No. 1635-03

Attorneys for Columbus Defendants

Attorneys for State of Indiana

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