Case: Planned Parenthood of Greater Ohio v. Hodges

1:16-cv-00539 | U.S. District Court for the Southern District of Ohio

Filed Date: May 11, 2016

Closed Date: July 2, 2019

Clearinghouse coding complete

Case Summary

On May 11, 2016, Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio filed this lawsuit in the U.S. Court for the Southern District of Ohio. The plaintiffs sued the Ohio Department of Health under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief to enjoin the defendants from cutting off the plaintiffs' access to state and federal funding. The plaintiffs claimed that on February 21, 2016, Ohio Governor…

The plaintiffs claimed that on February 21, 2016, Ohio Governor John Kasich signed a law to bar Ohio Planned Parenthoods from receiving government funding for non-abortion services and programs. The plaintiffs alleged that the funding in question was necessary for vital health and education services used by the men, women, and teenagers of Ohio. Specifically, the plaintiffs claimed that the law violated the First Amendment, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment by denying funding in retaliation for the plaintiffs' constitutionally protected advocacy for abortion rights.

On May 23, 2016, Judge Michael R. Barrett granted the plaintiffs' motion for a temporary restraining order to enjoin the defendants from cutting off funding until June 6, 2016. He held in abeyance the plaintiffs' motion for preliminary injunction. For the next few months both parties carried out discovery. 188 F.Supp.3d 684.

On August 12, 2016, Judge Barrett granted the plaintiffs' motions for preliminary and permanent injunctions. The court found that the law in question did violate the plaintiffs' First Amendment and Fourteenth Amendment Due Process rights. Judge Barrett permanently enjoined the defendants from enforcing the law against the plaintiffs and other similarly situated. 2016 WL 10333130.

On September 6, 2016, the defendants appealed to the U.S. Court of Appeals for the Sixth Circuit. On April 18, 2018, a unanimous panel of the Sixth Circuit (Circuit Judges Helene N. White, Eugene E. Siler, Jr., and Eric L. Clay) affirmed the district court’s grant of plaintiffs’ motions for judgment on the merits and for a permanent injunction. 888 F.3d 224.

However, the full court of the Sixth Circuit then voted for a rehearing en banc. On March 13, 2019, Circuit Judge Jeffrey S. Sutton, writing for the full court, reversed the district court’s judgment and remanded the case for further proceedings. The court found that the plaintiffs did not have a due process right to perform abortions. Furthermore, the court found no evidence that the ban posed an undue burden on a woman’s right to abortion. Although the plaintiffs argued that it had no obligation to establish an undue burden because the funding condition itself was unconstitutional, the court rejected that argument because the plaintiffs—who were providers, not women—did not possess the constitutional right to perform abortion; since there was no constitutional right, there was no unconstitutional condition. Circuit Judge White, who wrote the opinion for the April 2018 panel, dissented. 917 F.3d 908.

The case was remanded to the district court, but the plaintiff stipulated to dismissal shortly thereafter. The case was officially dismissed on July 1, 2019. This case is now closed.

	Document
1:16-cv-00539	Docket	March 13, 2019	March 13, 2019 Docket
1 1:16-cv-00539	Complaint for Injunctive and Declaratory Relief	May 11, 2016	May 11, 2016 Complaint
19 1:16-cv-00539	Opinion & Order	May 23, 2016	May 23, 2016 Order/Opinion 188 F.Supp.3d 684
60 1:16-cv-00539	Opinion & Order	Aug. 12, 2016	Aug. 12, 2016 Order/Opinion 2016 WL 4264341
66 1:16-cv-00539 16-04027	Opinion (6th Circuit Panel) U.S. Court of Appeals for the Sixth Circuit	April 18, 2018	April 18, 2018 Order/Opinion
72 1:16-cv-00539 16-04027	Opinion (6th Circuit En Banc) U.S. Court of Appeals for the Sixth Circuit	March 12, 2019	March 12, 2019 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5494285), filed by Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 05/11/2016) 1 Civil Cover Sheet View on PACER	May 11, 2016	May 11, 2016 PACER
2	NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region (Gerhardstein, Alphonse) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
3	MOTION for Leave to Appear Pro Hac Vice of Paul R.Q. Wolfson, Kimberly Parker, Alan Schoenfeld, Carrie Flaxman, Helene Krasnoff (Filing fee $ 1000, receipt number 0648-5494353) by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing, # 4 Exhibit Certificate of Good Standing, # 5 Exhibit Certificate of Good Standing) (Gerhardstein, Alphonse) (Entered: 05/11/2016) 1 Exhibit Certificate of Good Standing View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Exhibit Certificate of Good Standing View on PACER 4 Exhibit Certificate of Good Standing View on PACER 5 Exhibit Certificate of Good Standing View on PACER	May 11, 2016	May 11, 2016 PACER
4	ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Paul R.Q. Wolfson, Kimberly Parker, Alan Schoenfeld, Carrie Flaxman, and Helene Krasnoff. Signed by Judge Susan J. Dlott. (wam) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
5	MOTION for Leave to File Excess Pages by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Branch, Jennifer) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
6	ORDER REASSIGNING CASE signed by Judge Susan J. Dlott on 5/11/16. Case reassigned to Judge Michael R. Barrett for all further proceedings. Judge Susan J. Dlott no longer assigned to case. (eh) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
	NOTATIONAL ORDER by Judge Michael R. Barrett on 5/11/16 granting 5 Motion for Leave to File Excess Pages. (ba)	May 11, 2016	May 11, 2016 PACER
7	MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Affidavit of Iris Harvey and Exhibits, # 2 Affidavit of Jerry Lawson and Exhibits, # 3 Text of Proposed Order) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 5/12/2016 (eh). (Entered: 05/11/2016) 1 Affidavit of Iris Harvey and Exhibits View on PACER 2 Affidavit of Jerry Lawson and Exhibits View on PACER 3 Text of Proposed Order View on PACER	May 11, 2016	May 11, 2016 PACER
8	NOTICE of Appearance by Ryan L. Richardson for Defendant Richard Hodges (Richardson, Ryan) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
	NOTICE of Hearing on Motion re 7 MOTION for Temporary Restraining Order and Preliminary Injunction; Please be aware that a status conference pursuant to S.D. Ohio Civ. R. 65.1 is set for 5/12/2016 at 03:00 PM by teleconference before Judge Michael R. Barrett; Plaintiff is responsible for notifying opposing counsel regarding the setting of this matter and the following contact information; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 3:00 pm. (ba)	May 12, 2016	May 12, 2016 PACER
	If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)	May 12, 2016	May 12, 2016 PACER
9	NOTICE of Appearance by Tiffany L. Carwile for Defendant Richard Hodges (Carwile, Tiffany) (Entered: 05/12/2016)	May 12, 2016	May 12, 2016 PACER
	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/12/2016 re 7 MOTION for Temporary Restraining Order ; Carrie Flaxman, Jennifer Branch, Alphonse Gerhardstein and Paul Wolfson appeared for Plaintiff; Ryan Richardson appeared for Defendant Hodges; Roger Friedmann and Mike Florez appeared for Defendant Ingram; a possible briefing schedule was discussed and a potential hearing of 5/20/16 at 9:30 am; a follow up Status Conference is set for 5/16/2016 at 09:30 AM by teleconference before Judge Michael R. Barrett; a separate notice to follow regarding conference instructions. (ba)	May 12, 2016	May 12, 2016 PACER
10	NOTICE of Appearance by Roger Edward Friedmann for Defendant Timothy Ingram (Friedmann, Roger) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
11	NOTICE of Appearance by Michael Gerard Florez for Defendant Timothy Ingram (Florez, Michael) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
12	NOTICE of Appearance by Pamela J Sears for Defendant Timothy Ingram (Sears, Pamela) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
13	NOTICE: Please be aware that a Status Conference is set for 5/16/2016 at 09:30 AM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/16/2016; Carrie Flaxman, Jennifer Branch, Paul Wolfson and Michelle Diamond appeared for Plaintiff; Ryan Richardson appeared for Defendant Hodges; Roger Friedmann, Mike Florez and Pam Sears appeared for Defendant Ingram; parties to submit an agreed briefing order re: 7 Motion for TRO to barrett_chambers@ohsd.uscourts.gov and follow up with the Court for a Status Conference set 5/24/2016 at 11:00 AM by teleconference before Judge Michael R. Barrett; parties shall refer to 13 Notice of Telephone Conference for conferencing instructions. (ba) Modified on 5/16/2016 (ba) to edit participants and regenerate a NEF.	May 16, 2016	May 16, 2016 PACER
14	NOTICE by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region Proposed Joint Agreed Schedule for Temporary Restraining Motion, Defendants. (Branch, Jennifer) Modified on 5/17/2016 (eh). (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 PACER
15	MOTION to Dismiss Plaintiffs' Complaint by Defendant Timothy Ingram. Responses due by 6/13/2016 (Attachments: # 1 Exhibit A-D) (Florez, Michael) (Entered: 05/18/2016) 1 Exhibit A-D View on PACER	May 18, 2016	May 18, 2016 PACER
16	RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Defendant Timothy Ingram. (Florez, Michael) (Entered: 05/18/2016)	May 18, 2016	May 18, 2016 PACER
17	RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Defendant Richard Hodges. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit Tina Bickert, # 4 Affidavit Amanda Dennison, # 5 Affidavit Angela Norton, # 6 Affidavit Dyane Gogan Turner) (Richardson, Ryan) (Entered: 05/18/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Affidavit Tina Bickert View on PACER 4 Affidavit Amanda Dennison View on PACER 5 Affidavit Angela Norton View on PACER 6 Affidavit Dyane Gogan Turner View on PACER	May 18, 2016	May 18, 2016 PACER
18	REPLY to Response to Motion re 7 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Affidavit Second Harvey Declaration, # 2 Affidavit Second Lawson Declaration, # 3 Text of Proposed Order Revised Proposed TRO) (Branch, Jennifer) (Entered: 05/20/2016) 1 Affidavit Second Harvey Declaration View on PACER 2 Affidavit Second Lawson Declaration View on PACER 3 Text of Proposed Order Revised Proposed TRO View on PACER	May 20, 2016	May 20, 2016 PACER
19	ORDER granting 7 Motion for TRO and holding in abeyance the Motion for Preliminary Injunction; this TRO shall expire on 6/6/16 at 11:59 pm; no bond required. Signed by Judge Michael R. Barrett on 5/23/16. (ba) (Entered: 05/23/2016)	May 23, 2016	May 23, 2016 RECAP
	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/24/2016; Carrie Flaxman, Jennifer Branch and Paul Wolfson appeared for Plaintiff; Ryan Richardson and Tiffany Carwile appeared for Defendant Hodges; Roger Friedmann, Mike Florez and Pam Sears appeared for Defendant Ingram; Status Conference set 5/26/2016 at 9:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to 13 Notice of Telephone Conference for conferencing instructions. (jlw)	May 24, 2016	May 24, 2016 PACER
	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/26/2016; Carrie Flaxman, Jennifer Branch, and Paul Wolfson appeared for Plaintiff; Ryan Richardson, Tiffany Carwile, Roger Friedmann, Michael Florez and Pamela Sears appeared for Defendants; parties to provide agreed extension to the 19 TRO Order as soon as possible; a Motion Hearing is set for 8/2/2016 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett as to 7 Motion for Preliminary Injunction; the Court will follow up with the Parties at a Status Conference set for 6/6/2016 at 03:00 PM by teleconference before Judge Michael R. Barrett; parties shall refer to 13 Notice of Telephone Conference for conferencing instructions. (ba)	May 26, 2016	May 26, 2016 PACER
20	STIPULATION of Dismissal of Defendant Timothy Ingram, by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 05/27/2016)	May 27, 2016	May 27, 2016 PACER
21	WAIVER OF SERVICE Returned Executed. Waiver sent to Richard Hodges on 5/12/2016, answer due 7/11/2016. (Branch, Jennifer) (Entered: 05/31/2016)	May 31, 2016	May 31, 2016 PACER
22	SCHEDULING ORDER as to 7 Preliminary Injunction; Expiration date extended to 8/5/16 at 11:59 pm as to 19 Order as to 7 MOTION for Temporary Restraining Order; Discovery requests due 6/6/16. Discovery Responses and Initial Witness Lists due 6/20/16. Discovery due by 7/8/2016. Simultaneous Opening Briefs due 7/15/16. Simultaneous Response Briefs due 7/25/16. Motion Hearing set for 8/2/2016 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 6/1/16. (ba) (Entered: 06/01/2016)	June 1, 2016	June 1, 2016 RECAP
	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/6/2016; Paul Wolfson appeared for Plaintiff; Ryan Richardson and Tiffany Carwile appeared for Defendant; parties agree the 22 Calendar Order issued is amenable; Court orders the parties to file a witness list due by 7/25/16; case to proceed as scheduled. (ba)	June 6, 2016	June 6, 2016 PACER
23	MOTION for Leave to Appear Pro Hac Vice of Stephanie Simon and Michelle Diamond (Filing fee $ 400, receipt number 0648-5558281) by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Exhibit Michelle Diamond Certificate of Good Standing, # 2 Exhibit Stephanie Simon Certificate of Good Standing) (Branch, Jennifer) (Entered: 06/30/2016) 1 Exhibit Michelle Diamond Certificate of Good Standing View on PACER 2 Exhibit Stephanie Simon Certificate of Good Standing View on PACER	June 30, 2016	June 30, 2016 PACER
	NOTICE of Hearing: Please be aware that a Discovery Conference is set for 7/5/2016 at 11:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to 13 Notice of Telephone Conference for conferencing instructions. Should counsel wish to submit information for the Court's review (i.e., protective order), prior to the 11:30 am status conference on 7/5/16, it can be emailed to barrett_chambers@ohsd.uscourts.gov (ba)	July 1, 2016	July 1, 2016 PACER
	Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/5/2016; Jennifer Branch, Allen Schoenfeld, and Michelle Diamond appeared for Plaintiff; Ryan Richardson and Tiffany Carwile appeared for Defendant; plaintiff to file a motion for protective order noting defendant's objections. (ba)	July 5, 2016	July 5, 2016 PACER
24	MOTION for Protective Order by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Text of Proposed Order) (Branch, Jennifer) (Entered: 07/05/2016) 1 Text of Proposed Order View on PACER	July 5, 2016	July 5, 2016 PACER
25	PROTECTIVE ORDER REGARDING DISCLOSURE AND USE OF DISCOVERY MATERIALS. Signed by Judge Michael R. Barrett on 7/5/16. (ba) (Entered: 07/05/2016)	July 5, 2016	July 5, 2016 PACER
26	ORDER granting 23 Motion for Leave to Appear Pro Hac Vice of Stephanie Simon and Michelle Diamond for Plaintiffs. Signed by Judge Michael R. Barrett on 7/5/16. (ba) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
27	NOTICE of Appearance by Steven T Voigt for Defendant Richard Hodges (Voigt, Steven) (Entered: 07/07/2016)	July 7, 2016	July 7, 2016 PACER
28	MOTION for Leave to Appear Pro Hac Vice of John Sprangers (Filing fee $ 200, receipt number 0648-5566237) by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Exhibit Certificate of Good Standing for John Sprangers) (Branch, Jennifer) (Entered: 07/07/2016) 1 Exhibit Certificate of Good Standing for John Sprangers View on PACER	July 7, 2016	July 7, 2016 PACER
29	ORDER granting 28 Motion for Leave to Appear Pro Hac Vice of John Sprangers for Plaintiffs. Signed by Judge Michael R. Barrett on 7/8/16. (ba) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	NOTICE of Hearing: Please be aware that a Status Conference is set for 7/12/2016 at 03:30 PM by teleconference before Judge Michael R. Barrett; parties shall refer to 13 Notice of Telephone Conference for conferencing instructions. (ba)	July 11, 2016	July 11, 2016 PACER

Case: Planned Parenthood of Greater Ohio v. Hodges

1:16-cv-00539 | U.S. District Court for the Southern District of Ohio

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details