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ISSCH Court Hearing Rescheduled
February 25, 2009 - A court hearing scheduled for last week in Rushville over the pending closure of the Indiana Soldiers' and Sailors' Children's Home has been reset for May.
In a joint motion filed last Tuesday, attorneys representing both sides of the legal dispute agreed to move the Feb. 19 injunction hearing to May 5. The plaintiffs - a current student of the Home and the Home's Alumni Association - are seeking an injunction that prevents defendants Gov. Mitch Daniels and the Indiana State Department of Health from closing the Home before state lawmakers can address the issue.
In addition to continuing the date of the injunction hearing, the attorneys also agreed to a schedule for the defense's filing of a dispositive motion, such as a motion to dismiss or motion for summary judgment. According to the attorneys' joint motion, the defense will file its dispositive motion by Feb. 27, with the plaintiffs filing their response by March 27. The defendants will have until April 13 to file a final reply, with a hearing on the dispositive motion held April 20.
In an order issued Feb. 19, Judge David Northam of the Rush Circuit Court approved the dates proposed in the attorneys' joint motion. The April 20 hearing on the defendants' dispositive motion will be at 2 p.m., while the May 5 injunction hearing, if still necessary after the April 20 hearing, will be at 9 a.m. The hearings will be open to the public.
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