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13-1612 - INDIANA et al v. INTERNAL REVENUE SERVICE et al


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13-1612 - INDIANA et al v. INTERNAL REVENUE SERVICE et al
August 12, 2014
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ORDER - For the reasons set forth herein, the Defendants' motion to dismiss (Dkt. No. 36) is DENIED as to Count I and GRANTED as to Count V. As to the remaining Counts, the motion is GRANTED as to the State of Indiana and DENIED as to the Plaintiff School Districts; however, the Court will consider the arguments raised by the Defendants as to the School Districts in its ruling on the pending motions for summary judgment. The School Districts' motion to join in the State of Indiana's motion for summary judgment (Dkt. No. 49) is GRANTED and the arguments made in the State of Indiana's summary judgment briefs are incorporated by reference into the School Districts' summary judgment briefs. Finally, the Plaintiffs' motion for consolidated oral argument (Dkt. No. 50) is DENIED, inasmuch as the Court determined that oral argument was not necessary to resolve the issues addressed herein. However, the Court believes that oral argument on the pending motions for summary judgment will be helpful. That argument will be heard on October 9, 2014, at 9:30 a.m., in Room 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties shall confer and file a notice by August 28, 2014, in which they inform the Court (1) how much time they believe they will need for oral argument; and (2) the order in which they believe the parties should present their arguments. ***SEE ORDER***. Signed by Judge William T. Lawrence on 8/12/2014. (JKS)
February 14, 2018
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ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - For the reasons set forth above, the Defendants' motion for summary judgment Dkt. No.61 is GRANTED as to all Plaintiffs with regard to Count I and GRANTED as to Counts II and III as to the School Districts. In light of this holding, Count IV of the Amended Complaint, which asserts a severability argument that applies only if "the Court rejects Plaintiffs' challenge under Count II but agrees with Plaintiffs on Count III," Dkt. No. 22 219, is MOOT. The Plaintiffs' motions for summary judgment Dkt. Nos. 44 and 46 are DENIED Signed by Judge William T. Lawrence on 2/14/2018.(JDC)