Case: Planned Parenthood Southeast v. Dzielak

3:16-cv-00454 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 15, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 15, 2016, Planned Parenthood Southeast, Inc. (PPSE), Planned Parenthood Greater Memphis Region, Inc. (PPGMR), and a Mississippi Medicaid patient filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the Mississippi Division of Medicaid under 42 U.S.C. § 1983, alleging violations of the Medicaid Statute and the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The plaintiffs, represented by the Planned Parent…

On June 15, 2016, Planned Parenthood Southeast, Inc. (PPSE), Planned Parenthood Greater Memphis Region, Inc. (PPGMR), and a Mississippi Medicaid patient filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the Mississippi Division of Medicaid under 42 U.S.C. § 1983, alleging violations of the Medicaid Statute and the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The plaintiffs, represented by the Planned Parenthood Federation of America, asked the court for declaratory and injunctive relief to enjoin the defendant from disqualifying the provider plaintiffs from the Medicaid programs. On July 6, 2016, the plaintiffs filed a final amended complaint. The amended complaint added Jane Doe #2 as a fourth plaintiff. Both Jane Doe #1 and Jane Doe #2 were Mississippi residents and Medicaid patients who received reproductive care from Planned Parenthood.

The plaintiffs claimed that on May 10, 2016, Mississippi's Governor signed into law an act that would disqualify any entity that performs abortions from participation in Medicaid programs. The plaintiffs claimed that the act would irreparably harm Mississippi men and women, such as the two Jane Does, who rely on Planned Parenthood for critical health services. They argued that the act violated the Medicaid Free Choice Act (42 U.S.C. § 1396a(a)(23)), which guarantees patients the right to choose any willing and qualified provider within the Medicaid Program. They further argued that it violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment by singling out Planned Parenthood for unfavorable treatment and imposing unconstitutional conditions on Planned Parenthood's eligibility to participate in the Medicaid Program.

On October 20, 2016, Judge Daniel P. Jordan III granted the plaintiffs' motion for summary judgment. The court found that virtually every court that had ruled on similar laws had found the laws in violation of 42 U.S.C. § 1396a(a)(23). Specifically, Judge Jordan noted that the Fifth Circuit had reached a similar result in Planned Parenthood of Gulf Coast, Inc. v. Gee. He therefore issued a permanent injunction to enjoin the defendant from enforcing the law in question. 2016 WL 6127980.

On November 18, 2016, the defendant appealed the ruling to the Fifth Circuit because the defendant in Planned Parenthood of Gulf Coast, Inc. v. Gee had petitioned for a rehearing and later asked the U.S. Supreme Court to intervene. This case was stayed pending the resolution of Planned Parenthood Gulf Coast, Inc. v. Gee. Briefing resumed in the Fifth Circuit on January 11, 2019.

Shortly after, on February 15, 2019, the parties filed a joint motion to stay the case again, this time pending the result of Planned Parenthood of Greater Texas v. Phillips. The stay was approved on February 20. As of April, 2020, this case is ongoing but stayed.

Summary Authors

Gabriela Hybel (3/3/2017)

Lisa Limb (3/23/2018)

Alex Moody (4/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13381933/parties/planned-parenthood-southeast-inc-v-dzielak/


Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Byrd, Sibyl C. (Mississippi)

Cohen, Melissa A. (New York)

Flaxman, Carrie Y. (District of Columbia)

McDuff, Robert B. (Mississippi)

Attorneys(s) for Defendant

Minor, Wilson D. (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Byrd, Sibyl C. (Mississippi)

Cohen, Melissa A. (New York)

Flaxman, Carrie Y. (District of Columbia)

McDuff, Robert B. (Mississippi)

Attorneys(s) for Defendant

Minor, Wilson D. (Mississippi)

Documents in the Clearinghouse

Document

3:16-cv-00454

Docket [PACER]

Planned Parenthood Southeast, Inc. v. Dzielak

Feb. 16, 2017

Feb. 16, 2017

Docket
1

3:16-cv-00454

Complaint for Declaratory and Injunctive Relief

Planned Parenthood Southeast, Inc. v. Dzielak

June 15, 2016

June 15, 2016

Complaint
11

3:16-cv-00454

First Amended Complaint for Declaratory and Injunctive Relief

Planned Parenthood Southeast, Inc. v. Dzielak

July 6, 2016

July 6, 2016

Complaint
32

3:16-cv-00454

Order

Planned Parenthood Southeast, Inc. v/ Dzielak

2016 WL 6127980

Oct. 20, 2016

Oct. 20, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13381933/planned-parenthood-southeast-inc-v-dzielak/

Last updated Aug. 2, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
2

Summons Issued as to David J. Dzielak. (TLC) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

33

USCA Order

1 Cover Letter

View on PACER

Dec. 11, 2020

Dec. 11, 2020

PACER
33

USCA Order

1 Cover Letter

View on PACER

Dec. 11, 2020

Dec. 11, 2020

PACER
33

USCA Order

1 Cover Letter

View on PACER

Dec. 11, 2020

Dec. 11, 2020

PACER
3

MOTION for Melissa Cohen to Appear Pro Hac Vice by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit Ex−A Certificate of good standing)(McDuff, Robert) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

34

Copy of Opinion - USCA

Nov. 1, 2021

Nov. 1, 2021

PACER
34

Copy of Opinion - USCA

Nov. 1, 2021

Nov. 1, 2021

PACER
34

Copy of Opinion - USCA

Nov. 1, 2021

Nov. 1, 2021

PACER
35

Certified Copy of USCA Judgment/Mandate

Nov. 1, 2021

Nov. 1, 2021

PACER
35

Certified Copy of USCA Judgment/Mandate

Nov. 1, 2021

Nov. 1, 2021

PACER
4

MOTION for Carrie Flaxman to Appear Pro Hac Vice by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit Ex. A Certificate of Good Standing)(McDuff, Robert) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

35

Certified Copy of USCA Judgment/Mandate

Nov. 1, 2021

Nov. 1, 2021

PACER
36

Order Dismissing Case

Nov. 1, 2021

Nov. 1, 2021

PACER
36

Order Dismissing Case

Nov. 1, 2021

Nov. 1, 2021

PACER
36

Order Dismissing Case

Nov. 1, 2021

Nov. 1, 2021

PACER
5

Corporate Disclosure Statement by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (McDuff, Robert) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

37

Judgment

Nov. 1, 2021

Nov. 1, 2021

PACER
6

MOTION for Protective Order by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit Ex. A − Declaration of Jane Doe)(McDuff, Robert) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

37

Judgment

Nov. 1, 2021

Nov. 1, 2021

PACER
37

Judgment

Nov. 1, 2021

Nov. 1, 2021

PACER
7

MEMORANDUM in Support re 6 MOTION for Protective Order filed by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit Ex. A − Past Protective Orders)(McDuff, Robert) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

8

SUMMONS Returned Executed by Planned Parenthood Southeast, Inc., Planned Parenthood Greater Memphis Region, Inc., Jane Doe David J. Dzielak served on 6/15/2016, answer due 7/6/2016. (McDuff, Robert) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

9

ORDER granting 6 Motion for Protective Order. Signed by Magistrate Judge F. Keith Ball on 6/17/2016. (JRB) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

10

Sealed Document. (TLC) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

TEXT−ONLY ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice. That Melissa Cohen and Carrie Flaxman be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 6/28/2016. (JEJ) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

11

AMENDED COMPLAINT against All Defendants, filed by Planned Parenthood Southeast, Inc., Planned Parenthood Greater Memphis Region, Inc., Jane Doe.(Cohen − PHV, Melissa) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

12

MOTION for Protective Order Unopposed Motion to Amend Protective Order by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit A − Decl. of Jane Doe #2)(Cohen − PHV, Melissa) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

13

MOTION for Summary Judgment by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit A − Fox Decl., # 2 Exhibit B − Coffield Decl.)(Cohen − PHV, Melissa) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

14

MEMORANDUM IN SUPPORT re 13 MOTION for Summary Judgment filed by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Attachments: # 1 Exhibit A − Ark. PI Order)(Cohen − PHV, Melissa) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

15

AMENDED PROTECTIVE ORDER granting 12 Motion for Protective Order. Signed by Magistrate Judge F. Keith Ball on 7/8/2016. (JRB) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

16

Sealed Document. (TLC) (Entered: 07/12/2016)

July 11, 2016

July 11, 2016

17

ANSWER to 11 Amended Complaint by David J. Dzielak.(Minor, Wilson) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

18

MEMORANDUM in Opposition re 13 MOTION for Summary Judgment filed by David J. Dzielak (Minor, Wilson) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

19

REPLY to Response to Motion re 13 MOTION for Summary Judgment filed by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen − PHV, Melissa) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

20

Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/8/2016 03:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e−mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and contact

Aug. 19, 2016

Aug. 19, 2016

TEXT−ONLY ORDER granting 21 Motion to Stay Rule 16(a) Initial Order. The telephonic case management matter is continued, to be reset after the Court's ruling on Plaintiffs' pending motion for summary judgment 13 . NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 9/1/2016. (JRB) (Entered:

Sept. 1, 2016

Sept. 1, 2016

22

MEMORANDUM in Support re 13 MOTION for Summary Judgment Notice of Supplemental Authority filed by Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen − PHV, Melissa) 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

23

ORDER: As set out in the Order, Defendant is given seven (7) days from the date of this Order to respond. The consider failure to respond as conceding that Gee entitles Plaintiffs to summary judgment. Signed by District Judge Jordan III on October 12, 2016.(SP) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

24

Response to Order re 23 ORDER: As set out in the Order, Defendant is given seven (7) days from the date of this respond. The Court will consider failure to respond as conceding that Gee entitles Plaintiffs to summary judgment. District Judge Daniel P. Jordan III on October 12, 2016.(SP) filed by David J. Dzielak (Minor−State Gov, Wilson) 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

25

ORDER granting 13 Motion for Summary Judgment. Signed by District Judge Daniel P. Jordan, III on 10/20/16. (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

26

FINAL JUDGMENT dismissing case in favor of Plaintiffs and against Defendant. Signed by District Judge Daniel on 10/20/16. (TLC) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

27

MOTION to Extend Attorneys' Fees Deadline by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Parenthood Southeast, Inc. (Cohen − PHV, Melissa) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

TEXT−ONLY ORDER granting 27 Unopposed Motion to Extend Deadline. Motion due December 5, 2016. NO WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan, III on (HF) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

28

NOTICE OF APPEAL as to 26 Judgment by David J. Dzielak. Filing fee $ 505, receipt number 34643042255. 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

29

BILL OF COSTS by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, − PHV, Melissa) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

30

Unopposed MOTION to Stay Proceedings by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Southeast, Inc. (Cohen − PHV, Melissa) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

31

Costs Taxed in amount of $ 400.00 against David J. Dzielak (ASJ) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

TEXT−ONLY ORDER granting 30 Unopposed Motion to Stay Proceedings. This Order stays the deadline for motion for attorney's fees and expenses under Rule 54(d)(2) until Defendants appeal is resolved. NO FURTHER ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan, III on December 6, 2016 (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default−source/forms/instructions−for−electronic−record−download−feature−of−cm.pdfusing credentials provided to you by the Clerk of that Court. (TLC) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

32

ORDER of USCA as to 28 Notice of Appeal filed by David J. Dzielak granting joint motion to stay further proceedings. (Attachments: # 1 Memorandum to Counsel).(TLC) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

Case Details

State / Territory: Mississippi

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: June 15, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Mississippi Planned Parenthoods; Two Mississippi Medicaid patients

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

Mississippi Division of Medicaid, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2016 - None

Issues

General:

Abortion

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

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

Type of Facility:

Non-government non-profit

Benefit Source:

Medicaid