Case: Planned Parenthood of Greater Texas v. Smith

1:15-cv-01058 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 23, 2015

Closed Date: May 13, 2021

Clearinghouse coding complete

Case Summary

On November 23, 2015, five Texas Planned Parenthoods (provider plaintiffs) and ten Medicaid patients of Planned Parenthood (patient plaintiffs) filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued the Executive Commissioner and the Inspector General of the Health and Human Services Commission (HHSC) under 42 U.S.C. § 1983. The plaintiffs, represented by the Planned Parenthood Federation of America, asked the court for class action certification; declaratory judgments; temporary, preliminary, and permanent injunctions; and attorney's fees. The plaintiffs claimed that HHSC had violated the Medicaid Act and the Equal Protection Clause of the Fourteenth Amendment by barring the provider plaintiffs from the Medicaid program.

Specifically, the plaintiffs explained that on October 21, 2015, the HHSC notified the provider plaintiffs that HHSC would soon terminate the Provider Plaintiffs' Medicaid Provider Agreement. The HHSC justified the termination using false allegations, which were primarily based on misleading videos leaked by anti-choice activists.

The HHSC claimed that the case was premature because they had not yet terminated the provider plaintiffs' Medicaid Provider Agreement. On January 27, 2016, U.S. District Judge Sam Sparks stayed the case pending a final termination letter. For nearly a year, the case lay relatively dormant. In this time, Texas and the U.S. Congress conducted separate investigations into the allegations against Planned Parenthood raised by the misleading videos. Planned Parenthood was repeatedly found free of wrongdoing. Nonetheless, on December 20, 2016, HHSC sent a final Notice of Termination to each provider plaintiff.

On January 17, 2017, the plaintiffs filed an amended complaint outlining the events since the order to stay the case. That day the court held a hearing on the plaintiffs' motion for a preliminary injunction to prevent termination. On January 19, 2017, the district court entered an order temporarily enjoining the defendants from terminating the provider plaintiffs' Medicaid Provider Agreements until February 21, 2017. 236 F. Supp. 3d 974.

On February 21, 2017, Judge Sparks granted the plaintiffs' motion for a preliminary injunction, enjoining the defendants from terminating the Provider Plaintiffs' Medicaid Provider Agreements. The plaintiffs then moved to withdraw their motion for class certification, which the court granted without prejudice on March 24, 2017.

On March 30, 2017, the defendants submitted an appeal regarding the order granting the plaintiff’s preliminary motion to the United States Court of Appeals for the Fifth Circuit. On January 17, 2019, the Fifth Circuit vacated the preliminary injunction and remanded the case to the district court. 913 F.3d 551. The Fifth Circuit determined that while the individual patient plaintiffs had a private right of action, the district court erred by failing to defer to agency's findings, by accepting evidence beyond agency record and by conducting de novo review. Judge Jones wrote a concurrence urging a rehearing en banc to reconsider whether the individual patient plaintiffs did have a private right of action on behalf of Medicaid patients to challenge the termination of their providers’ contracts.

The defendants filed a petition for rehearing en banc on January 31, 2019. The next day, the defendants filed a petition to stay the district court’s preliminary injunction pending the rehearing, which was granted on February 4, 2019. 914 F.3d 994. The en banc court also granted rehearing on the Fifth Circuit’s own January 17, 2019 decision, so appellants’ petition for rehearing en banc filed on January 31, 2019, was denied as moot. 914 F.3d 994. The same day, the plaintiffs submitted an opposition to the defendants' stay application. In the alternative, the plaintiffs requested to defer the effective date in order to seek a temporary restraining order or preliminary injunction.

On February 15, 2019, the Fifth Circuit ordered the appellant’s motion to stay the district court’s injunction pending the en banc consideration. Oral argument was held on May 14, 2019, and on November 23, 2020, the Fifth Circuit overruled the Fifth Circuit panel’s January 17, 2019 decision. 981 F.3d 347. The en banc court found that the Medicaid provision permitting beneficiaries to obtain care from any qualified provider does not give them a right to question a state’s determination that a provider is unqualified. In reaching this conclusion, the court found the U.S. Supreme Court’s reasoning in O’Bannon v. Town Court Nursing Center to be dispositive. Due to this ruling, the court vacated the district court’s preliminary injunction, finding that patient plaintiffs were unlikely to prevail on the merits of their claims.

Following the Fifth Circuit’s ruling, the individual plaintiff patients moved to voluntarily dismiss their case on May 13, 2021, and the district court dismissed the case on the same day. This case is closed.

	Document
1:15-cv-01058	Docket [PACER]	Oct. 30, 2017	Oct. 30, 2017 Docket
1 1:15-cv-01058	Complaint for Injunctive and Declaratory Relief [Class Action] Planned Parenthood of Greater Texas v. Traylor	Nov. 23, 2015	Nov. 23, 2015 Complaint
76 1:15-cv-01058	Complaint for Injunctive and Declaratory Relief [Class Action]	Jan. 17, 2017	Jan. 17, 2017 Complaint
100 1:15-cv-01058	Order	Feb. 21, 2017	Feb. 21, 2017 Order/Opinion 236 F.Supp.3d 974
00514800434 17-50282	Opinion U.S. Court of Appeals for the Fifth Circuit	Jan. 17, 2019	Jan. 17, 2019 Order/Opinion 913 F.3d 551
179 1:15-cv-01058	Judgment Planned Parenthood of Greater Texas Family Planning and Preventative Health Services v. Kauffman U.S. Court of Appeals for the Fifth Circuit	Dec. 16, 2020	Dec. 16, 2020 Order/Opinion 981 F.3d 347

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Complaint for Injunctive and Declaratory Relief - Class Action ( Filing fee $ 400 receipt number 0542-7980522), filed by Jane Doe 6, Jane Doe 2, Planned Parenthood San Antonio, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc., Jane Doe 8, Jane Doe I, Planned Parenthood Cameron County, Jane Doe 4, Jane Doe 7, Jane Doe 10, Jane Doe 9, Jane Doe 3, Planned Parenthood Gulf Coast, Inc., Jane Doe 5, Planned Parenthood South Texas Surgical Center.(Watkins, Thomas) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 Clearinghouse
2	REQUEST FOR ISSUANCE OF SUMMONS by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Watkins, Thomas) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
3	RULE 7 DISCLOSURE STATEMENT filed by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Watkins, Thomas) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
4	JS44 (Civil Cover Sheet) submitted by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Watkins, Thomas) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
5	MOTION for Leave to Exceed Page Limitation Plaintiffs' Motion to Exceed 10-Page Limit for Application for Temporary Restraining Order and Preliminary Injunction by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order Order granting motion to exceed page limit, # 2 Exhibit Application and Memorandum of Law in Support Thereof forTemporary Restraining Order and Preliminary Injunction, # 3 Appendix I, # 4 Appendix II, # 5 Appendix III, # 6 Appendix IV, # 7 Proposed Order order granting preliminary injunction)(Watkins, Thomas) (Entered: 11/23/2015) 1 Proposed Order Order granting motion to exceed page limit View on PACER 2 Exhibit Application and Memorandum of Law in Support Thereof forTemporary Restra View on PACER 3 Appendix I View on PACER 4 Appendix II View on PACER 5 Appendix III View on PACER 6 Appendix IV View on PACER 7 Proposed Order order granting preliminary injunction View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
	Case Assigned to Judge Sam Sparks. 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. (afd)	Nov. 23, 2015	Nov. 23, 2015 PACER
6	MOTION for Leave to Exceed Page Limitation Plaintiffs' Motion to Exceed 10-Page Limit for Motion for Class Certification by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order Order granting motion to exceed page limit, # 2 Exhibit Plaintiffs' Motion for Class Certification, # 3 Proposed Order Order Granting Motion for Class Certification)(Watkins, Thomas) (Entered: 11/23/2015) 1 Proposed Order Order granting motion to exceed page limit View on PACER 2 Exhibit Plaintiffs' Motion for Class Certification View on PACER 3 Proposed Order Order Granting Motion for Class Certification View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
7	MOTION for Protective Order Plaintiffs' Motion for Protective Order by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Appendix, # 2 Proposed Order)(Watkins, Thomas) (Entered: 11/23/2015) 1 Appendix View on PACER 2 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
8	MOTION for Temporary Restraining Order and Preliminary Injunction by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Appendix I, # 2 Appendix II, # 3 Appendix III, # 4 Appendix IV, # 5 Proposed Order)(td) (Entered: 11/23/2015) 1 Appendix I View on PACER 2 Appendix II View on PACER 3 Appendix III View on PACER 4 Appendix IV View on PACER 5 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
9	MOTION for Class Certification by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order)(td) (Entered: 11/23/2015) 1 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
10	Letters to Jennifer Sandman, Alice Chapman and Richard Muniz re: Non-Admitted Status. (afd) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
	Notice of Correction: re 6 MOTION for Leave to Exceed Page Limitation Plaintiffs' Motion to Exceed 10-Page Limit for Motion for Class Certification, 5 MOTION for Leave to Exceed Page Limitation Plaintiffs' Motion to Exceed 10-Page Limit for Application for Temporary Restraining Order and Preliminary Injunction. When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document which exceeds the page limit should NOT be attached to the motion, but rather filed as a separate pleading. We will take the necessary steps to pull the documents from the Motion for leave to exceed page limit and get it added to the docket record. No further action is required. Please note this information for future filing purposes. (td)	Nov. 23, 2015	Nov. 23, 2015 PACER
11	ORDER GRANTING 5 Motion for Leave to File Excess Pages. Signed by Judge Sam Sparks. (td) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
12	MOTION to Appear Pro Hac Vice by Thomas H. Watkins (Alice Clapman) ( Filing fee $ 100 receipt number 0542-7982369) by on behalf of Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order)(Watkins, Thomas) (Entered: 11/23/2015) 1 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
13	MOTION to Appear Pro Hac Vice by Thomas H. Watkins (Jennifer Sandman) ( Filing fee $ 100 receipt number 0542-7982418) by on behalf of Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order)(Watkins, Thomas) (Entered: 11/23/2015) 1 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
14	MOTION to Appear Pro Hac Vice by Thomas H. Watkins (Richard Muniz) ( Filing fee $ 100 receipt number 0542-7982442) by on behalf of Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Attachments: # 1 Proposed Order)(Watkins, Thomas) (Entered: 11/23/2015) 1 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015 PACER
15	Summons Issued as to Stuart W. Bowen, Jr., Chris Traylor. (afd) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
16	ORDER, Set Motion Hearing for 8 MOTION for Temporary Restraining Order and Preliminary Injunction on 12/14/2015 at 9:30 AM before Judge Sam Sparks. Signed by Judge Sam Sparks. (td) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
17	DEFICIENCY NOTICE to Thomas H. Watkins: re 12 MOTION to Appear Pro Hac Vice by Thomas H. Watkins (Alice Clapman) (Filing fee $ 100 receipt number 0542-7982369). (td) (Entered: 11/30/2015)	Nov. 30, 2015	Nov. 30, 2015 PACER
18	CORRECTED MOTION to Appear Pro Hac 12 MOTION to Appear Pro Hac Vice by Thomas H. Watkins (Alice Clapman) ( Filing fee $ 100 receipt number 0542-7982369), 17 Deficiency Notice by Jane Doe 10, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, Jane Doe 8, Jane Doe 9, Jane Doe I, Planned Parenthood Cameron County, Planned Parenthood Gulf Coast, Inc., Planned Parenthood San Antonio, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.. (Watkins, Thomas) Modified on 11/30/2015 (td). (Entered: 11/30/2015)	Nov. 30, 2015	Nov. 30, 2015 PACER
19	ORDER GRANTING 13 Motion by Jennifer Sandman 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 Sam Sparks. (td) (Entered: 11/30/2015)	Nov. 30, 2015	Nov. 30, 2015 PACER
20	ORDER GRANTING 14 Motion by Richard Muniz 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 Sam Sparks. (td) (Entered: 11/30/2015)	Nov. 30, 2015	Nov. 30, 2015 PACER
21	ORDER GRANTING 18 Motion by Alice Chapman 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 Sam Sparks. (td) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
22	ORDER GRANTING 6 Motion for Leave to File Excess Pages. Signed by Judge Sam Sparks. (td) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
23	ORDERED that the hearing for HEARING ON TRO AND PRELIMINARY INJUNCTION on Monday, December 14, 2015 at 09:30 AM is hereby CANCELLED until further order of the court. Signed by Judge Sam Sparks. (td) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
24	Minute Entry for proceedings held before Judge Sam Sparks: Status Conference re: TRO and Preliminary Injunction Request held on 12/8/2015 (Minute entry documents are not available electronically.). (Court Reporter Joe Reynosa.)(td) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
25	Sealed Order. Signed by Judge Sam Sparks. (td) (Entered: 12/09/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
26	NOTICE of Attorney Appearance by Marc Edward Rietvelt on behalf of Stuart W. Bowen, Jr., Chris Traylor. Attorney Marc Edward Rietvelt added to party Stuart W. Bowen, Jr.(pty:dft), Attorney Marc Edward Rietvelt added to party Chris Traylor(pty:dft) (Rietvelt, Marc) (Entered: 12/09/2015)	Dec. 9, 2015	Dec. 9, 2015 PACER
27	Sealed Transcript filed (This transcript is not available electronically) (Reynosa, Joe) (Entered: 12/15/2015)	Dec. 15, 2015	Dec. 15, 2015 PACER
28	Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order, # 2 Sealed Document) (Watkins, Thomas) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 PACER
29	Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Letter Brief, # 2 Proposed Order) (Rietvelt, Marc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 PACER
30	DEFICIENCY NOTICE to Marc Edward Rietvelt: re 29 Motion for leave to File Sealed Document. (td) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
31	CERTIFICATE OF SERVICE by Stuart W. Bowen, Jr., Chris Traylor Corrected Certificate of Service 29 Motion for leave to File Sealed Document (Rietvelt, Marc) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
32	Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Motion, # 2 Proposed Order) (Rietvelt, Marc) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
33	ORDER GRANTING 32 Motion for Leave to File Sealed Document. Signed by Judge Sam Sparks. (td) (Entered: 01/14/2016)	Jan. 13, 2016	Jan. 13, 2016 PACER
34	Sealed Motion to Dismiss filed. (td) (Entered: 01/14/2016)	Jan. 13, 2016	Jan. 13, 2016 PACER
35	ORDER GRANTING 28 Motion for Leave to File Sealed Document. Signed by Judge Sam Sparks. (td) (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016 PACER
36	Sealed Letter Brief filed by Plaintiffs. (td) (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016 PACER
37	ORDER GRANTING 29 Motion for Leave to File Sealed Document. Signed by Judge Sam Sparks. (td) (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016 PACER
38	Sealed Letter Brief filed by Defendants. (td) (Entered: 01/14/2016)	Jan. 14, 2016	Jan. 14, 2016 PACER

Case: Planned Parenthood of Greater Texas v. Smith

1:15-cv-01058 | U.S. District Court for the Western District of Texas

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Docket

Case Details