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

Closed Date: Nov. 1, 2021

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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 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. Briefing ultimately resumed on April 27, 2021.

On October 1, 2021, plaintiffs filed a motion to dismiss the appeal as moot and to remand case to the district court with instructions to vacate the summary judgment order and permanent injunction. On October 8, the Fifth Circuit granted the motion. The case is now closed.

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Summary Authors

Gabriela Hybel (3/3/2017)

Lisa Limb (3/23/2018)

Alex Moody (4/15/2020)

Michelle Wolk (4/4/2024)

People

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

Judge(s)

Ball, F. Keith (Mississippi)

Attorney for Plaintiff

Byrd, Sibyl C. (Mississippi)

Cohen, Melissa A. (New York)

Flaxman, Carrie Y. (District of Columbia)

Attorney for Defendant

Gov, Wilson D. (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorney for Plaintiff

Byrd, Sibyl C. (Mississippi)

Cohen, Melissa A. (New York)

Flaxman, Carrie Y. (District of Columbia)

McDuff, Robert B. (Mississippi)

PHV, Melissa Cohen (Mississippi)

PHV, Carrie Y. (Mississippi)

Attorney for Defendant

Gov, Wilson D. (Mississippi)

Minor, Wilson D. (Mississippi)

Attorney Contact Information via CourtListener

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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	Oct. 20, 2016	Oct. 20, 2016 Order/Opinion 2016 WL 6127980

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Docket

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

Last updated June 10, 2025, 2:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against David J. Dzielak ( Filing fee $ 400 receipt number 34643039816), filed by Planned Parenthood Southeast, Inc., Planned Parenthood Greater Memphis Region, Inc., Jane Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Senate Bill 2238, # 3 Exhibit B - House Bill 519)(TLC) (Entered: 06/15/2016)	June 15, 2016	June 15, 2016 Clearinghouse
2	Summons Issued as to David J. Dzielak. (TLC) (Entered: 06/15/2016)	June 15, 2016	June 15, 2016 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 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 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 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 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 PACER
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 PACER
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 PACER
10	Sealed Document. (TLC) (Entered: 06/21/2016)	June 21, 2016	June 21, 2016 PACER
	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)	June 28, 2016	June 28, 2016 PACER
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 Clearinghouse
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 PACER
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 PACER
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 PACER
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 PACER
16	Sealed Document. (TLC) (Entered: 07/12/2016)	July 11, 2016	July 11, 2016 PACER
17	ANSWER to 11 Amended Complaint by David J. Dzielak.(Minor, Wilson) (Entered: 07/20/2016)	July 20, 2016	July 20, 2016 PACER
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 PACER
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 PACER
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 the Court at 601-608-4460. (JEJ) (Entered: 08/19/2016)	Aug. 19, 2016	Aug. 19, 2016 PACER
21	Unopposed MOTION to Stay Proceedings Rule 16(a) Initial Order by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (McDuff, Robert) (Entered: 08/29/2016)	Aug. 29, 2016	Aug. 29, 2016 PACER
	TEXT-ONLY ORDER granting 21 Motion to Stay Rule 16(a) Initial Order. The telephonic case management conference in this matter is continued, to be reset after the Court's ruling on Plaintiffs' pending motion for summary judgment 13 . NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 9/1/2016. (JRB)	Sept. 1, 2016	Sept. 1, 2016 PACER
22	MEMORANDUM in Support re 13 MOTION for Summary Judgment Notice of Supplemental Authority filed by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen - PHV, Melissa) (Entered: 09/19/2016)	Sept. 19, 2016	Sept. 19, 2016 PACER
23	ORDER: As set out in the Order, Defendant is given seven (7) days from the date of this Order to respond. The Court will consider failure to respond as conceding that Gee entitles Plaintiffs to summary judgment. Signed by District Judge Daniel P. Jordan III on October 12, 2016.(SP) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
24	Response to Order re 23 ORDER: As set out in the Order, Defendant is given seven (7) days from the date of this Order to respond. The Court will consider failure to respond as conceding that Gee entitles Plaintiffs to summary judgment. Signed by District Judge Daniel P. Jordan III on October 12, 2016.(SP) filed by David J. Dzielak (Minor-State Gov, Wilson) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016 PACER
25	ORDER granting 13 Motion for Summary Judgment. Signed by District Judge Daniel P. Jordan, III on 10/20/16. (TLC) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
26	FINAL JUDGMENT dismissing case in favor of Plaintiffs and against Defendant. Signed by District Judge Daniel P. Jordan, III on 10/20/16. (TLC) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
27	MOTION to Extend Attorneys' Fees Deadline by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen - PHV, Melissa) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 PACER
	TEXT-ONLY ORDER granting 27 Unopposed Motion to Extend Deadline. Motion due December 5, 2016. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan, III on November 2, 2016 (HF)	Nov. 2, 2016	Nov. 2, 2016 PACER
28	NOTICE OF APPEAL as to 26 Judgment by David J. Dzielak. Filing fee $ 505, receipt number 34643042255. (TLC) (Entered: 11/18/2016)	Nov. 18, 2016	Nov. 18, 2016 PACER
29	BILL OF COSTS by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen - PHV, Melissa) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 PACER
30	Unopposed MOTION to Stay Proceedings by Jane Doe, Planned Parenthood Greater Memphis Region, Inc., Planned Parenthood Southeast, Inc. (Cohen - PHV, Melissa) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 PACER
31	Costs Taxed in amount of $ 400.00 against David J. Dzielak (ASJ) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
	TEXT-ONLY ORDER granting 30 Unopposed Motion to Stay Proceedings. This Order stays the deadline for Plaintiffs to file a motion for attorney's fees and expenses under Rule 54(d)(2) until Defendants appeal is resolved. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan, III on December 6, 2016 (HF)	Dec. 6, 2016	Dec. 6, 2016 PACER
	ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and 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.pdf using credentials provided to you by the Clerk of that Court. (TLC)	Dec. 14, 2016	Dec. 14, 2016 PACER
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 Clearinghouse
33	ORDER of USCA granting Motion to stay further proceedings as to 28 Notice of Appeal. (Attachments: # 1 Memorandum to Counsel)(KNS) (Entered: 12/11/2020) 1 Cover Letter View on PACER	Dec. 11, 2020	Dec. 11, 2020 PACER
34	Copy of Opinion - USCA re 28 Notice of Appeal : IT IS ORDERED that the joint motion of the parties to dismiss the appeal as moot is GRANTED. IT IS FURTHER ORDERED that the judgment of the district court is vacated, the appeal is dismissed, and the case is remanded to the district court with instructions to dismiss plaintiffs' complaint for lack of jurisdiction. (Attachments: # 1 Cover Letter)(KNS) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
35	CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 28 Notice of Appeal filed by David J. Dzielak : IT IS ORDERED and ADJUDGED that the appeal is DISMISSED as moot. IT IS FURTHER ORDERED that the judgment of the District Court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (Attachments: # 1 Cover Letter)(KNS) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
36	ORDER. The case is dismissed for want of jurisdiction. Signed by Chief District Judge Daniel P. Jordan, III on 11/1/2021 (KNS) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
37	FINAL JUDGMENT. Signed by Chief District Judge Daniel P. Jordan, III on 11/1/2021 (KNS) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER