Case: Planned Parenthood of Southwest and Central Florida Inc. v. Philip

4:16-cv-00321 | U.S. District Court for the Northern District of Florida

Filed Date: June 2, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 2, 2016, two Florida Planned Parenthood clinics filed this lawsuit in the United States District Court for the Northern District of Florida. The plaintiffs sued the Florida Department of Health and the Florida Agency for Healthcare Administration under 42 U.S.C. § 1983 for violations of the Due Process and Equal Protections Clauses of the U.S. Constitution, the Fourth Amendment to the U.S. Constitution, and the rights to privacy and equal protection under the Florida Constitution. The p…

On June 2, 2016, two Florida Planned Parenthood clinics filed this lawsuit in the United States District Court for the Northern District of Florida. The plaintiffs sued the Florida Department of Health and the Florida Agency for Healthcare Administration under 42 U.S.C. § 1983 for violations of the Due Process and Equal Protections Clauses of the U.S. Constitution, the Fourth Amendment to the U.S. Constitution, and the rights to privacy and equal protection under the Florida Constitution. The plaintiffs asked the court for declaratory and injunctive relief to enjoin the defendants from implementing provisions of HB 1411, which would defund Planned Parenthood clinics, impose unconstitutional inspection requirements, and enforce ambiguous and nonmedical definitions to regulate health care providers offering abortion services.

Specifically, the plaintiffs claimed that the state had implemented HB 1411 in an attempt to target abortion providers. According to the plaintiffs, the act violated Planned Parenthood's equal protection and due process rights by cutting off access to federal money because Planned Parenthood offers abortions, even though none of this money is used for abortions. In addition, it allegedly violated due process, equal protection, and Fourth Amendment rights by imposing unprecedented inspection requirements as well as regulations imposing an ambiguous "trimester" definition.

On June 30, 2016, Judge Robert Hinkle granted the plaintiffs' preliminary injunction in part. He temporarily enjoined the defendants from defunding Planned Parenthood and from imposing the inspection requirements. He noted, however, that the defendants had clarified the meaning of the "trimester" definitions, and it was therefore no longer ambiguous or unconstitutional. On August 18, 2016, Judge Hinkle made the June 30 preliminary injunction permanent.

On October 24, 2016, Judge Hinkle granted the plaintiffs' motion for a determination of entitlement to a fee award. On December 14, 2016, the parties settled on an amount for attorney's fees and on January 25, 2017, they informed the court that these attorney's fees had been paid.

This case is now closed.

Summary Authors

Gabriela Hybel (3/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501354/parties/planned-parenthood-of-southwest-and-central-florida-inc-v-philip/


Judge(s)
Attorney for Plaintiff

Flaxman, Carrie Y. (District of Columbia)

Green, James K. (Florida)

Attorney for Defendant

BLOCKER, WILLIAM MICHAEL (Florida)

FIGLIO, ERIK MATTHEW (Florida)

FRIDIE, DEBORA ELIZABETH (Florida)

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Documents in the Clearinghouse

Document
1

4:16-cv-00321

Complaint for Injunctive and Declaratory Relief

June 2, 2016

June 2, 2016

Complaint
20

4:16-cv-00321

Preliminary Injunction

June 30, 2016

June 30, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501354/planned-parenthood-of-southwest-and-central-florida-inc-v-philip/

Last updated Feb. 18, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against ELIZABETH DUDEK, Celeste Philip ( Filing fee $ 400 receipt number AFLNDC-3590391.), filed by PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC, Planned Parenthood of South Florida and the Treasure Coast d/b/a Planned Parenthood of South, East, and North Florida. (Attachments: # 1 Corporate Disclosure Statement, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Civil Cover Sheet Attachment, # 4 Notification of Challenge to State Statute, # 5 Summons, # 6 Summons) (GREEN, JAMES) (Entered: 06/02/2016)

1 Corporate Disclosure Statement

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2 Civil Cover Sheet

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3 Civil Cover Sheet Civil Cover Sheet Attachment

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4 Notification of Challenge to State Statute

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5 Summons

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6 Summons

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June 2, 2016

June 2, 2016

Clearinghouse
2

MOTION to Appear Pro Hac Vice by Jennifer Keighley.( Filing fee $ 196 receipt number AFLNDC-3590497.) by PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC, Planned Parenthood of South Florida and the Treasure Coast d/b/a Planned Parenthood of South, East, and North Florida. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order) (KEIGHLEY, JENNIFER) (Entered: 06/02/2016)

1 Exhibit Certificate of Good Standing

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2 Text of Proposed Order

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June 2, 2016

June 2, 2016

PACER
3

MOTION to Appear Pro Hac Vice by Carrie Y. Flaxman.( Filing fee $ 196 receipt number AFLNDC-3590499.) by PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC, Planned Parenthood of South Florida and the Treasure Coast d/b/a Planned Parenthood of South, East, and North Florida. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order) (FLAXMAN, CARRIE) (Entered: 06/02/2016)

1 Exhibit Certificate of Good Standing

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2 Text of Proposed Order

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June 2, 2016

June 2, 2016

PACER
4

Summons Issued as to ELIZABETH DUDEK, Celeste Philip. (Attachments: # 1 Exhibit) (tdl) (Entered: 06/03/2016)

1 Exhibit

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June 3, 2016

June 3, 2016

PACER
5

MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support by PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST, PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Preliminary Injunction, # 2 Text of Proposed Order Proposed Temporary Restraining Order) (GREEN, JAMES) (Entered: 06/03/2016)

1 Text of Proposed Order Proposed Order Granting Preliminary Injunction

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2 Text of Proposed Order Proposed Temporary Restraining Order

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June 3, 2016

June 3, 2016

PACER
6

MOTION to Appear Pro Hac Vice by Helene T. Krasnoff.( Filing fee $ 196 receipt number AFLNDC-3591740.) by PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST, PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing) (KRASNOFF, HELENE) (Entered: 06/05/2016)

1 Text of Proposed Order

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2 Exhibit Certificate of Good Standing

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June 5, 2016

June 5, 2016

PACER
7

ORDER - Attorney Jennifer Keighley's motion for leave to appear pro hac vice, ECF No. 2, is GRANTED. Attorney Carrie Y. Flaxman's motion for leave to appear pro hac vice, ECF No. 3, is GRANTED. Attorney Helene T. Krasnoff's motion for leave to appear pro hac vice, ECF No. 6, is GRANTED. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 6/6/2016. (tdl) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
8

ORDER SETTING A SCHEDULING CONFERENCE - The clerk must set a scheduling conference by telephone for June 13, 2016, at 3:00 p.m. Only matters of timing and procedure, not matters of substance, will be addressed at the conference. Signed by JUDGE ROBERT L HINKLE on 6/7/2016. (tdl) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
9

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 6/13/2016 03:00 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call at the time of the hearing (888) 684-8852 Access Code: 8131706# Security Code: 0613# NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceDeputy Clerk (erl) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
10

NOTICE of Appearance by BLAINE H WINSHIP on behalf of ELIZABETH DUDEK, CELESTE PHILIP (WINSHIP, BLAINE) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
11

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE:Scheduling Conference held on 6/13/2016. Parties discuss schedule for the preliminary injunction hearing. Ruling by Court: The hearing will be held on June 29, 2016 at 9:30 am. The defense is to file papers by June 20, 2016 and the plaintiff may reply by June 24, 2016. The defense has until July 18, 2016 to file an answer to the complaint. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
12

ORDER SETTING THE PRELIMINARY-INJUNCTION SCHEDULE - By separate notice, the clerk must set oral argument for June 29, 2016, at 9:30 a.m., limited to 30 minutes per side. The deadline for the defendants to respond to the complaint is extended to 7/18/2016. (Memorandum in Opposition re 5 Motion due by 6/20/2016. Memorandum in Support re 5 Motion due by 6/24/2016) Signed by JUDGE ROBERT L HINKLE on 6/13/2016. (vkm) (Entered: 06/14/2016)

June 13, 2016

June 13, 2016

PACER
13

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support filed by ELIZABETH DUDEK, CELESTE PHILIP. (Attachments: # 1 Affidavit Declaration of J. Plagge, # 2 Affidavit Declaration of S. Chapman, # 3 Affidavit Declaration of T. Wilson) (HARLE, DENISE) (Entered: 06/20/2016)

1 Affidavit Declaration of J. Plagge

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2 Affidavit Declaration of S. Chapman

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3 Affidavit Declaration of T. Wilson

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June 20, 2016

June 20, 2016

PACER
14

AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support filed by ELIZABETH DUDEK, CELESTE PHILIP. (Attachments: # 1 Exhibit Exh. A to Smoak Decl., # 2 Exhibit Exh. B to Smoak Decl., # 3 Exhibit Exh. C to Smoak Decl., # 4 Exhibit Exh. D to Smoak Decl., # 5 Exhibit Exh. E to Smoak Decl., # 6 Exhibit Exh. F pt. 1 to Smoak Decl., # 7 Exhibit Exh. F pt. 2 to Smoak Decl., # 8 Exhibit Exh. G pt. 1 to Smoak Decl., # 9 Exhibit Exh. G pt. 2 to Smoak Decl.) (HARLE, DENISE) (Entered: 06/20/2016)

1 Exhibit Exh. A to Smoak Decl.

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2 Exhibit Exh. B to Smoak Decl.

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3 Exhibit Exh. C to Smoak Decl.

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4 Exhibit Exh. D to Smoak Decl.

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5 Exhibit Exh. E to Smoak Decl.

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6 Exhibit Exh. F pt. 1 to Smoak Decl.

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7 Exhibit Exh. F pt. 2 to Smoak Decl.

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8 Exhibit Exh. G pt. 1 to Smoak Decl.

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9 Exhibit Exh. G pt. 2 to Smoak Decl.

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June 20, 2016

June 20, 2016

PACER
15

AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support filed by ELIZABETH DUDEK, CELESTE PHILIP. (Attachments: # 1 Affidavit Declaration of Valerie Lacy, # 2 Exhibit Exh. 1 to Lacy Declaration, # 3 Exhibit Exh. 2 to Lacy Declaration, # 4 Exhibit Exh. 3 to Lacy Declaration, # 5 Exhibit Exh. 4 to Lacy Declaration, # 6 Exhibit Exh. 5 to Lacy Declaration, # 7 Exhibit Exh. 6 to Lacy Declaration) (HARLE, DENISE) (Entered: 06/22/2016)

1 Affidavit Declaration of Valerie Lacy

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2 Exhibit Exh. 1 to Lacy Declaration

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3 Exhibit Exh. 2 to Lacy Declaration

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4 Exhibit Exh. 3 to Lacy Declaration

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5 Exhibit Exh. 4 to Lacy Declaration

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6 Exhibit Exh. 5 to Lacy Declaration

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7 Exhibit Exh. 6 to Lacy Declaration

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June 22, 2016

June 22, 2016

PACER
16

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support Plaintiffs' Reply In Support Of Motion For Preliminary Injunction filed by PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST, PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC. (GREEN, JAMES) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
17

NOTICE OF HEARING ON 5 MOTION for Preliminary Injunction : Motion Hearing set for 6/29/2016 09:30 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
18

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Motion Hearing held on 6/29/2016 re 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. (Court Reporter Judy Gagnon.) (amm) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
19

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06/29/16, before Judge ROBERT L. HINKLE. Court Reporter/Transcriber Judy A. Gagnon, Telephone number 850-561-6822. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/7/2016. Release of Transcript Restriction set for 10/5/2016. (jg) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
20

Preliminary Injunction. Signed by JUDGE ROBERT L HINKLE on 6/30/16. (RH) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

Clearinghouse
21

DOCKET ANNOTATION BY COURT: Re 20 Order on Motion for Preliminary Injunction - Plaintiff's $5,000 security paid. Receipt # FLN400029107 (vkm) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
22

ANSWER to Complaint by ELIZABETH DUDEK, CELESTE PHILIP. (WINSHIP, BLAINE) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
23

NOTICE Notice Of Corrections To The Declaration of Barbara A. Zdravecky And The Second Declaration Of Barbara A. Zdravecky by PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST, PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC re 16 Reply to Response to Motion, 5 MOTION for Preliminary Injunction Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum in Support (GREEN, JAMES) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
24

Joint MOTION Joint Motion for Final Relief Under Fed. R. Civ. P. 65(a)(2), etc JOINT MOTION FOR FINAL RELIEF UNDER FED. R. CIV. P. 65(a)(2), JOINT STIPUATION REGARDING DISMISSAL OF CERTAIN CLAIMS, AND JOINT REQUEST FOR TELEPHONE STATUS CONFERENCE by PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST, PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA INC. (GREEN, JAMES) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
25

NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 8/18/2016 02:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521-3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
26

PERMANENT INJUNCTION AND ORDER DIRECTING THE CLERK TO ENTER JUDGMENT - The joint motion for final relief, ECF No. 24, is granted. The plaintiffs' claims under Florida law are voluntarily dismissed without prejudice. The clerk must enter judgment and close the file. Signed by JUDGE ROBERT L HINKLE on 8/18/2016. (vkm) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
27

CLERK'S JUDGMENT entered pursuant to 26 PERMANENT INJUNCTION AND ORDER DIRECTING THE CLERK TO ENTER JUDGMENT. (vkm) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Medicaid Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Florida Planned Parenthood clinics

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

Florida Department of Health, State

Florida Agency for Health Care Administration, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2016 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Abortion

Contraception

General:

Funding

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Records Disclosure

Discrimination-area:

Disparate Treatment

Type of Facility:

Non-government non-profit