Case: Planned Parenthood Association v. Suehs

1:12-cv-00322 | U.S. District Court for the Western District of Texas

Filed Date: April 11, 2012

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On April 11, 2012, seven family planning providers filed suit in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983 against Texas Health and Human Services Commission (HHSC). The Plaintiffs, represented by private and in-house counsel, asked the court for declaratory and injunctive relief. Specifically, Plaintiffs challenged the federal constitutionality of Texas Admin. Code §§ 354.1361-64, which bars Plaintiffs from participating in Texas's Women's Health Progra…

On April 11, 2012, seven family planning providers filed suit in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983 against Texas Health and Human Services Commission (HHSC). The Plaintiffs, represented by private and in-house counsel, asked the court for declaratory and injunctive relief. Specifically, Plaintiffs challenged the federal constitutionality of Texas Admin. Code §§ 354.1361-64, which bars Plaintiffs from participating in Texas's Women's Health Program (WHP) because Plaintiffs either publicly advocate to protect access to safe and legal abortion or are affiliated with organizations that engage in advocacy, even though Plaintiffs do not themselves provide any abortion services.

In 2005, the Texas legislature established the WHP to expand access to preventive health and family planning services. The WHP provides well-women services to low-income individuals, including physical examinations, breast and cervical cancer screenings, sexually transmitted infection screenings, and counseling regarding contraception. WHP does not pay for abortions. The legislation authorizing the WHP directed the Texas HHSC not to contract with any entities affiliated with those that perform or promote abortions. In implementing the statute and administering the WHP, the HHSC took the position that Plaintiffs could not be constitutionally excluded from participation as long as they maintained legal and financial separation from affiliated entities providing abortion services. On February 23, 2012, however, the HHSC adopted a new rule prohibiting Plaintiffs from participating in the WHP, and calling for Plaintiffs' removal from the WHP after April 30, 2012.

On April 30, 2012, the U.S. District Court for the Western District of Texas (Judge Lee Yeakel) granted a preliminary injunction enjoining the enforcement of the rules against Plaintiffs. The Court (Judge Yeakel) found that the government is entitled to define the limits of a publicly funded program, but cannot condition participation in a government funded program on an applicant's exercise of protected rights. Here, the Court (Judge Yeakel) found the Plaintiffs First Amendment Rights to free speech are unconstitutionally infringed, and enforcement of the HHSC rule prohibiting Plaintiffs from participating in the WHP will hurt the public interest by resulting in a significant reduction in family-planning services to uninsured women. The record establishes Plaintiffs together have provided more than 40 percent of the WHP services statewide in FY 2010.

On April 30, 2012, Texas filed its notice of appeal of the District Court grant enjoining the enforcement of the HHSC rules. The United States Court of Appeals for the 5th Circuit (Justice E. Grady Jolly) vacated the preliminary injunction and remanded the case. The 5th Circuit Court (Justice E. Grady Jolly) found that although the HHSC rule functions as a speech-based funding condition, it is also a direct regulation of the content of a state based program and is therefore constitutional.

On November 27, 2012, Plaintiffs moved to dismiss without prejudice because they also filed an action in state court.

Summary Authors

Lori Arakaki (10/2/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12994921/parties/planned-parenthood-association-of-hidalgo-county-texas-inc-v-suehs/


Judge(s)

Davis, W. Eugene (Louisiana)

DeMoss, Harold R. Jr. (Texas)

Jolly, E. Grady (Mississippi)

Prado, Edward Charles (Texas)

Smith, Jerry Edwin (Texas)

Stewart, Carl E. (Louisiana)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Baumgartner, Matthew B. (Texas)

Conway, Susan G. (Texas)

Evans, Roger K. (New York)

Judge(s)

Davis, W. Eugene (Louisiana)

DeMoss, Harold R. Jr. (Texas)

Jolly, E. Grady (Mississippi)

Prado, Edward Charles (Texas)

Smith, Jerry Edwin (Texas)

Stewart, Carl E. (Louisiana)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Baumgartner, Matthew B. (Texas)

Conway, Susan G. (Texas)

Evans, Roger K. (New York)

Flaxman, Carrie Y. (District of Columbia)

Krasnoff, Helene T. (District of Columbia)

Schenkkan, P. M. (Texas)

Attorneys(s) for Defendant

D'Andrea, Arthur C. (Texas)

Mitchell, Jonathan F. (Texas)

Monson, Kristofer S. (Texas)

Documents in the Clearinghouse

Document

1:12-cv-00322

0:12-50377

Docket [PACER]

Planned Parenthood v. Suehs

Dec. 11, 2012

Dec. 11, 2012

Docket
1

1:12-cv-00322

Complaint

April 11, 2012

April 11, 2012

Complaint
25

1:12-cv-00322

Order Granting Preliminary Injunction

828 F.Supp.2d 872

April 30, 2012

April 30, 2012

Order/Opinion
00511845361

1:12-cv-00322

0:12-50377

Order [USCA Vacating Stay and Denying Motion for Stay Pending Appeal]

U. S. Court of Appeals for the Fifth Circuit

2012 WL 1592230

May 4, 2012

May 4, 2012

Order/Opinion
47

1:12-cv-00322

Order [Denying Motion to Clarify Scope of Preliminary Injunction]

May 29, 2012

May 29, 2012

Order/Opinion
49

1:12-cv-00322

Order Vacating Scheduling Order and Temporarily Staying Proceedings

Aug. 3, 2012

Aug. 3, 2012

Order/Opinion

0:12-50377

USCA Opinion [Vacating Preliminary Injunction and Remanding Case]

U. S. Court of Appeals for the Fifth Circuit

692 F.3d 343

Aug. 21, 2012

Aug. 21, 2012

Order/Opinion
56

1:12-cv-00322

Order Dismissing Case

Nov. 27, 2012

Nov. 27, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12994921/planned-parenthood-association-of-hidalgo-county-texas-inc-v-suehs/

Last updated Aug. 5, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 350 receipt number 0542-4480390), filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Central Texas, Planned Parenthood of North Texas, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Gulf Coast, Inc., Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood of West Texas, Inc., Planned Parenthood of Cameron and Willacy Counties. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Baumgartner, Matthew) (Entered: 04/11/2012)

1 Civil Cover Sheet Civil Cover Sheet

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April 11, 2012

April 11, 2012

PACER
2

MOTION for Preliminary Injunction by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc.. (Attachments: # 1 Appendix Appendix TOC, # 2 Appendix Summary of Facts, # 3 Exhibit Texas Affiliate Rule, # 4 Exhibit WHP Summary, # 5 Exhibit HHSC Rider 64 Report, # 6 Exhibit A. Hawkins letter to Sen. Deuell, # 7 Exhibit Tex. Medicaid letter to WHP Providers, # 8 Exhibit 2011 C. Mann letter to B. Millwee, # 9 Exhibit 2012 C. Mann letter to B. Millwee, # 10 Exhibit R. Perry letter to T. Suehs, # 11 Exhibit Declaration of K. Lambrecht, # 12 Exhibit Declaration of P. Gonzales, # 13 Exhibit Declaration of T. Haskell, # 14 Exhibit Declaration of K. Hildebrand, # 15 Proposed Order Proposed Order granting Preliminary Injunction)(Baumgartner, Matthew) (Entered: 04/11/2012)

1 Appendix Appendix TOC

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2 Appendix Summary of Facts

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3 Exhibit Texas Affiliate Rule

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4 Exhibit WHP Summary

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5 Exhibit HHSC Rider 64 Report

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6 Exhibit A. Hawkins letter to Sen. Deuell

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7 Exhibit Tex. Medicaid letter to WHP Providers

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8 Exhibit 2011 C. Mann letter to B. Millwee

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9 Exhibit 2012 C. Mann letter to B. Millwee

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10 Exhibit R. Perry letter to T. Suehs

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11 Exhibit Declaration of K. Lambrecht

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12 Exhibit Declaration of P. Gonzales

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13 Exhibit Declaration of T. Haskell

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14 Exhibit Declaration of K. Hildebrand

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15 Proposed Order Proposed Order granting Preliminary Injunction

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April 11, 2012

April 11, 2012

PACER
3

MOTION for Leave to Exceed Page Limitation by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc.. (Attachments: # 1 Proposed Order Proposed Order granting Motion to Exceed)(Baumgartner, Matthew) (Entered: 04/11/2012)

1 Proposed Order Proposed Order granting Motion to Exceed

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April 11, 2012

April 11, 2012

PACER

Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (td)

April 11, 2012

April 11, 2012

PACER
4

NOTICE of Filing Corrected Civil Cover Sheet by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc. (Baumgartner, Matthew) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
5

MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Roger K. Evans ( Filing fee $ 25 receipt number 0542-4482727) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
6

MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Helene Krasnoff ( Filing fee $ 25 receipt number 0542-4482802) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
7

MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Carrie Flaxman ( Filing fee $ 25 receipt number 0542-4482820) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
9

Summons Issued as to Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity. (kkc, ) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
10

RULE 7 DISCLOSURE STATEMENT filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/12/2012 to add filer (kkc, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
11

ORDER GRANTING 3 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
12

ORDER GRANTING 5 Motion for Roger K. Evans to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
13

ORDER GRANTING 6 Motion for Helene T. Krasnoff to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
14

ORDER GRANTING 7 Motion for Carrie Y. Flaxman to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
15

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Status Conference held on 4/16/2012 (Minute entry documents are not available electronically). Set Motion Hearing for 2 MOTION for Preliminary Injunction (Motion Hearing set for 4/19/2012 at 3:00 PM before Judge Lee Yeakel). (Court Reporter Arlinda Rodriguez) (kkc, ) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
16

ORDER Setting Hearing on 2 MOTION for Preliminary Injunction: Motion Hearing set for 4/19/2012 at 3:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
17

NOTICE of Attorney Appearance by Arthur C. D'Andrea on behalf of Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity (D'Andrea, Arthur) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
18

NOTICE of Attorney Appearance by Jonathan Franklin Mitchell on behalf of Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity (Mitchell, Jonathan) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
19

Response in Opposition to Motion, filed by Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity, re 2 MOTION for Preliminary Injunction filed by Plaintiff Planned Parenthood Association of Hidalgo County Texas, Inc., Plaintiff Planned Parenthood of Cameron and Willacy Counties, Plaintiff Planned Parenthood of North Texas, Inc., Plaintiff Planned Parenthood of Gulf Coast, Inc., Plaintiff Family Planning Associates of San Antonio, Plaintiff Planned Parenthood Association of Lubbock, Inc., Plaintiff Planned Parenthood of Central Texas (Attachments: # 1 Affidavit Suehs, # 2 Proposed Order)(Mitchell, Jonathan) (Entered: 04/18/2012)

1 Affidavit Suehs

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2 Proposed Order

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April 18, 2012

April 18, 2012

PACER
20

Unopposed MOTION for Leave to Exceed Page Limitation by Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 04/18/2012)

1 Proposed Order

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April 18, 2012

April 18, 2012

PACER
21

SUMMONS Returned Executed by Family Planning Associates of San Antonio, Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Central Texas, Planned Parenthood of North Texas, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Gulf Coast, Inc., Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood of West Texas, Inc., Planned Parenthood of Cameron and Willacy Counties. Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity served on 4/12/2012, answer due 5/3/2012. (Baumgartner, Matthew) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
22

Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 4/19/2012 re 2 MOTION for Preliminary Injunction (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 04/20/2012)

April 19, 2012

April 19, 2012

PACER
23

ORDER GRANTING 20 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/23/2012)

April 20, 2012

April 20, 2012

PACER
24

Proposed Order and supporting letter re 2 MOTION for Preliminary Injunctionby Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Memo in Support Letter)(Conway, Susan) Modified on 4/23/2012 to add relationship (kkc, ). (Entered: 04/23/2012)

1 Memo in Support Letter

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April 23, 2012

April 23, 2012

PACER
25

ORDER GRANTING 2 Motion for Preliminary Injunction. This case is set for a scheduling conference at 1:30 p.m. on Friday, May 18, 2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER

Set/Reset Hearings: Scheduling Conference set for 5/18/2012 at 1:30 PM before Judge Lee Yeakel. (kkc, )

April 30, 2012

April 30, 2012

PACER
26

Appeal of Order entered by District Judge 25 by Thomas M. Suehs. No filing fee submitted (Mitchell, Jonathan) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER

NOTICE OF INTERLOCUTORY APPEAL re 26 Notice of Appeal (E-Filed) by Thomas M. Suehs as to 25 Order on Motion for Preliminary Injunction. Filing fee $ 455 DUE. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (kkc, )

April 30, 2012

April 30, 2012

PACER
27

USCA Appeal Fees received $ 455 receipt number 100013704 re Notice of Appeal - Interlocutory, filed by Thomas M. Suehs. (kkc, ) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
28

MOTION for Extension of Time to File Answer by Thomas M. Suehs. (Attachments: # 1 proposed order)(Mitchell, Jonathan) (Entered: 05/03/2012)

1 proposed order

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May 3, 2012

May 3, 2012

PACER
29

Certified and Transmitted Record on Appeal to USCA Fifth Circuit re Notice of Appeal - Interlocutory. Record consists of 2 Volumes of the Electronic Record on Appeal. (kkc, ) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER

NOTICE: Due to the EXPEDITED nature of 26 Notice of Appeal, the Clerk has preemptively forwarded the electronic record on appeal via an e-mail with a link to all counsel without waiting for a request. PLEASE NOTE: When the record is SUPPLEMENTED, the supplemental record will only be forwarded to counsel who request it. This appeal record link is active for seven days and counsel has been instructed to access the file and save it for use in preparing their brief. (klw)(klw, )

May 4, 2012

May 4, 2012

PACER
30

ORDER GRANTING 28 Motion for Extension of Time to Answer re 1 Complaint; Thomas M. Suehs answer due 5/10/2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
31

TRANSCRIPT REQUEST by Thomas M. Suehs for dates of 4/19/2012. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction. Court Reporter: Arlinda Rodriguez. (kkc, ) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
32

Transcript filed of Proceedings held on April 19, 2012, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-916-5143. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 5/30/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/7/2012. Appeal Record due by 5/24/2012. (Rodriguez, Arlinda) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER

NOTICE of SUPPLEMENTAL Certified Record on Appeal was sent to the USCA via e-mail re Notice of Appeal - Interlocutory. Record contains 1 Volume of the Supplemental Electronic Record on Appeal; 1 Volume of Supplemental Transcript (dkt 32). (kkc, )

May 9, 2012

May 9, 2012

PACER
33

Agreed MOTION to Continue Scheduling Conference by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Schenkkan, P.) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
34

MOTION to Appear Pro Hac Vice by Kristofer S. Monson ( Filing fee $ 25 receipt number 100013835) on behalf of Thomas M. Suehs. (kkc, ) (Additional attachment(s) added on 5/10/2012: # 2 Corrected Receipt) (kkc, ). (Entered: 05/10/2012)

2 Corrected Receipt

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May 10, 2012

May 10, 2012

PACER
35

ANSWER to 1 Complaint,, by Thomas M. Suehs.(D'Andrea, Arthur) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
36

Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction by Thomas M. Suehs. (Mitchell, Jonathan) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
37

DEFICIENCY NOTICE: re 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction. (kkc, ) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
38

ATTACHMENT (Proposed Order) to 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction by Thomas M. Suehs. (Mitchell, Jonathan) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
39

ORDER GRANTING 34 Motion for Kristofer S. Monson to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/14/2012)

May 11, 2012

May 11, 2012

PACER
40

ORDER DENYING 33 Motion for Continuance of the May 18 Scheduling Conference. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
41

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Clarify Scope of Preliminary Injunction by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Proposed Order Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Clarify Scope of Preliminary Injunction)(Baumgartner, Matthew) (Entered: 05/15/2012)

1 Proposed Order Order Granting Plaintiffs' Unopposed Motion for Extension of

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May 15, 2012

May 15, 2012

PACER
42

SUPPLEMENT TO ORDER GRANTING PRELIMINARY INJUNCTION: this court restates its conclusion that no bond shall be required of Plaintiffs. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
43

ORDER GRANTING 41 Motion for Extension of Time to Respond to 36 Motion to Clarify Scope of Preliminary Injunction; response due 5/23/2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/16/2012)

May 15, 2012

May 15, 2012

PACER
44

Minute Entry for proceedings held before Judge Lee Yeakel: Scheduling Conference held on 5/18/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
45

ORDER SETTING BRIEFING SCHEDULE AND TRIAL: Discovery due by 8/17/2012. Plaintiffs' trial brief due 9/7/2012. Defendant's response due 9/28/2012. Plaintiffs' reply due 10/5/2012. Bench Trial set for 10/19/2012 AT 9:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
46

Response in Opposition to Motion, filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc., re 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction filed by Defendant Thomas M. Suehs (Attachments: # 1 Affidavit Declaration of Sarah J. Wheat)(Schenkkan, P.) (Entered: 05/23/2012)

1 Affidavit Declaration of Sarah J. Wheat

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May 23, 2012

May 23, 2012

PACER
47

ORDER DENYING 36 Motion to Clarify Scope of Preliminary Injunction. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
48

Joint MOTION to Stay Case Temporarily, Joint MOTION to Vacate Scheduling Order by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc., Thomas M. Suehs. (Schenkkan, P.) Modified on 8/3/2012 to add filer (kkc, ). (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
49

ORDER Vacating Scheduling Order and Temporarily Staying Proceedings; GRANTING 48 Motion to Stay Case; GRANTING 48 Motion to Vacate. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER

Case Stayed. (kkc, )

Aug. 3, 2012

Aug. 3, 2012

PACER
50

Minute Entry for proceedings held before Judge Lee Yeakel: Conference held on 8/22/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
51

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held in Chambers on 9/4/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
52

MOTION to Dismiss and Abstain by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Proposed Order)(Conway, Susan) (Entered: 11/06/2012)

1 Proposed Order

View on PACER

Nov. 6, 2012

Nov. 6, 2012

PACER
53

Unopposed MOTION to Substitute Party by Thomas M. Suehs. (Attachments: # 1 Proposed Order)(Monson, Kristofer) (Entered: 11/08/2012)

1 Proposed Order

View on PACER

Nov. 8, 2012

Nov. 8, 2012

PACER
54

RESPONSE to Motion, filed by Thomas M. Suehs, re 52 MOTION to Dismiss and Abstain filed by Plaintiff Planned Parenthood of Austin Family Planning, Inc., Plaintiff Planned Parenthood Association of Hidalgo County Texas, Inc., Plaintiff Planned Parenthood of Cameron and Willacy Counties, Plaintiff Planned Parenthood of North Texas, Inc., Plaintiff Planned Parenthood of West Texas, Inc., Plaintiff Planned Parenthood Association of Lubbock, Inc., Plaintiff Planned Parenthood of Gulf Coast, Inc., Plaintiff Planned Parenthood of Central Texas, Plaintiff Family Planning Associates of San Antonio (Attachments: # 1 Proposed Order)(Monson, Kristofer) (Entered: 11/09/2012)

1 Proposed Order

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Nov. 9, 2012

Nov. 9, 2012

PACER
55

ORDER GRANTING 53 Motion to Substitute Party. Kyle L. Janek added. Signed by Judge Lee Yeakel. (dm) (Entered: 11/13/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
56

ORDER GRANTING Plaintiff's 52 Motion to Dismiss without Prejudice as parties have also filed an action in State Court. Signed by Judge Lee Yeakel. (klw) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
57

Certified copy of USCA JUDGMENT/MANDATE re 26 Notice of Interlocutory Appeal: VACATING the preliminary injunction and REMANDING for further consideration not inconsistent with this opinion.(kkc) (Entered: 12/12/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER

Case Details

State / Territory: Texas

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2012

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Family planning providers (Planned Parenthood)

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Type of Facility:

Non-government non-profit