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…

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 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.

Summary Authors

Gabriela Hybel (3/3/2017)

Lisa Limb (3/21/2019)

Alex Moody (5/29/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4363853/parties/planned-parenthood-of-greater-ohio-v-hodges/


Judge(s)

Barrett, Michael Ryan (Ohio)

Batchelder, Alice Moore (Ohio)

Bush, John Kenneth (Kentucky)

Clay, Eric L. (Michigan)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Griffin, Richard Allen (Michigan)

Larsen, Joan Louise (Michigan)

Moore, Karen Nelson (Ohio)

Judge(s)

Barrett, Michael Ryan (Ohio)

Batchelder, Alice Moore (Ohio)

Bush, John Kenneth (Kentucky)

Clay, Eric L. (Michigan)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Griffin, Richard Allen (Michigan)

Larsen, Joan Louise (Michigan)

Moore, Karen Nelson (Ohio)

Nalbandian, John Baylor (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Stranch, Jane Branstetter (Tennessee)

Sutton, Jeffrey S. (Ohio)

Thapar, Amul Roger (Kentucky)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Diamond, Michelle Nicole (New York)

Flaxman, Carrie Y. (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Krasnoff, Helene T. (District of Columbia)

Parker, Kimberly (District of Columbia)

Schoenfeld, Alan E. (New York)

Simon, Stephanie N. (New York)

Sprangers, John Barrow (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Attorneys(s) for Defendant

Carwile, Tiffany L. (Ohio)

Florez, Michael Gerard (Ohio)

Friedmann, Roger Edward (Ohio)

Richardson, Ryan L (Ohio)

Sears, Pamela J. (Ohio)

Voigt, Steven T. (Ohio)

Expert/Monitor/Master

Cole, Ransey Guy Jr. (Ohio)

Kethledge, Raymond M. (Michigan)

Documents in the Clearinghouse

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

188 F.Supp.3d 684

May 23, 2016

May 23, 2016

Order/Opinion
60

1:16-cv-00539

Opinion & Order

2016 WL 4264341

Aug. 12, 2016

Aug. 12, 2016

Order/Opinion
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

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363853/planned-parenthood-of-greater-ohio-v-hodges/

Last updated Aug. 4, 2022, 3:08 a.m.

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

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/12/2016; Paul Wolfson, Jennifer Branch and Michelle Diamond appeared for Plaintiff; Ryan Richardson appeared for Defendant; opening brief deadlines as to 7 MOTION for Preliminary Injunction are modified as follows: Responses due by 7/18/2016; Replies due by 7/27/2016; additional pleadings due 7/18/16; responses due 7/20/16 and replies are optional and would be due 7/22/16; case to proceed with hearing re 7 Motion for Preliminary Injunction hearing set 8/2/16 at 10:00 am, Courtroom 109. (ba)

July 12, 2016

July 12, 2016

PACER
30

MOTION for Leave to File Excess Pages Joint Motion to File Briefs in Excess of 20 Pages by Defendant Richard Hodges. Responses due by 8/8/2016 (Richardson, Ryan) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

RECAP
31

ORDER granting 30 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 7/18/16. (ba) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
32

NOTICE by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region of Manual Filing of January 27, 2016 Senate Floor Debate (Branch, Jennifer) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

NOTICE re 32 Planned Parenthood of Southwest Ohio Region of Manual Filing of January 27, 2016 Senate Floor Debate. DVD was received and sent to Chambers of Judge Michael R. Barrett. (jlw)

July 18, 2016

July 18, 2016

PACER
33

MOTION to Clarify 19 Order on Motion for TRO by Defendant Richard Hodges. Responses due by 8/11/2016 (Attachments: # 1 Exhibit A Declaration of Henry Lustig) (Richardson, Ryan) (Entered: 07/18/2016)

1 Exhibit A Declaration of Henry Lustig

View on PACER

July 18, 2016

July 18, 2016

PACER
34

MOTION in Limine to Exclude Plaintiffs' Expert Report of Dr. Stanley K. Henshaw by Defendant Richard Hodges. Responses due by 8/11/2016 (Richardson, Ryan) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
35

DEPOSITION of PPGOH Diego Espino, Barbara Singhaus and Iris Harvey taken on July 8, 2016 by Defendant Richard Hodges. (Attachments: # 1 Errata, # 2 Exhibit) (Carwile, Tiffany) (Entered: 07/18/2016)

1 Errata

View on PACER

2 Exhibit

View on PACER

July 18, 2016

July 18, 2016

RECAP
36

TRIAL BRIEF by Defendant Richard Hodges. (Attachments: # 1 Exhibit A PPSWO Annual report, # 2 Exhibit B PPGOH Annual report, # 3 Exhibit C - PPSWO Interrogatories, # 4 Exhibit D - PPGOH Interrogatories) (Richardson, Ryan) (Entered: 07/18/2016)

1 Exhibit A PPSWO Annual report

View on PACER

2 Exhibit B PPGOH Annual report

View on PACER

3 Exhibit C - PPSWO Interrogatories

View on PACER

4 Exhibit D - PPGOH Interrogatories

View on PACER

July 18, 2016

July 18, 2016

RECAP
37

SEALED DEPOSITION of PPSWO Jerry Lawson and Lee Bower taken on July 6, 2016 by Defendant Richard Hodges. (Attachments: # 1 Exhibit, # 2 Errata) (Carwile, Tiffany) (Entered: 07/18/2016)

1 Exhibit

View on PACER

2 Errata

View on PACER

July 18, 2016

July 18, 2016

RECAP
38

MOTION for Judgment on the Merits and a Permanent Injunction by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. Responses due by 8/11/2016 (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
39

BRIEF re 38 MOTION for Judgment on the Merits and a Permanent Injunction by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

RECAP
40

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Declaration of Paul R.Q. Wolfson) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34) (Wolfson, Paul) (Entered: 07/18/2016)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

15 Exhibit 15

View on PACER

16 Exhibit 16

View on PACER

17 Exhibit 17

View on PACER

18 Exhibit 18

View on PACER

19 Exhibit 19

View on PACER

20 Exhibit 20

View on PACER

21 Exhibit 21

View on PACER

22 Exhibit 22

View on PACER

23 Exhibit 23

View on PACER

24 Exhibit 24

View on PACER

25 Exhibit 25

View on PACER

26 Exhibit 26

View on PACER

27 Exhibit 27

View on PACER

28 Exhibit 28

View on PACER

29 Exhibit 29

View on PACER

30 Exhibit 30

View on PACER

31 Exhibit 31

View on PACER

32 Exhibit 32

View on PACER

33 Exhibit 33

View on PACER

34 Exhibit 34

View on PACER

July 18, 2016

July 18, 2016

PACER
41

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Declaration of Terrie Hubbard) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
42

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Declaration of W.M. Martin Haskell) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
43

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Declaration of Stanley K. Henshaw, Ph.D.) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Exhibit A) (Wolfson, Paul) (Entered: 07/18/2016)

1 Exhibit A

View on PACER

July 18, 2016

July 18, 2016

PACER
44

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Third Declaration of Iris E. Harvey) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

RECAP
45

AFFIDAVIT in Support re 38 MOTION for Judgment on the Merits and a Permanent Injunction (Third Declaration of Jerry H. Lawson) filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

RECAP
46

CERTIFICATE OF SERVICE by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region re 41 Affidavit in Support of Motion, 44 Affidavit in Support of Motion, 42 Affidavit in Support of Motion, 38 MOTION for Judgment on the Merits and a Permanent Injunction, 43 Affidavit in Support of Motion, 40 Affidavit in Support of Motion,,, 39 Brief, 45 Affidavit in Support of Motion, (Wolfson, Paul) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

NOTICE of Hearing on Motion re 7 Motion for Preliminary Injunction; Please be aware that the Motion Hearing set for 8/2/2016 at 10:00 am is RESET IN TIME ONLY from 10:00 am to 01:00 PM and remains set in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba)

July 20, 2016

July 20, 2016

PACER
47

MOTION for Permanent Injunction by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. Responses due by 8/15/2016 (Wolfson, Paul) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

RECAP
48

Amended MOTION in Limine by Defendant Richard Hodges. Responses due by 8/15/2016 (Attachments: # 1 Exhibit Depo Transcript of Dr. Henshaw) (Richardson, Ryan) (Entered: 07/20/2016)

1 Exhibit Depo Transcript of Dr. Henshaw

View on RECAP

July 20, 2016

July 20, 2016

RECAP
49

RESPONSE to Motion re 33 MOTION to Clarify 19 Order on Motion for TRO filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Attachments: # 1 Affidavit of Diego Espino and Exhibits) (Branch, Jennifer) (Entered: 07/20/2016)

1 Affidavit of Diego Espino and Exhibits

View on PACER

July 20, 2016

July 20, 2016

PACER
50

MOTION to Seal Document 37 Deposition by Defendant Richard Hodges. Responses due by 8/18/2016 (Richardson, Ryan) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER
51

ANSWER to 1 Complaint, filed by Richard Hodges. (Richardson, Ryan) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER

NOTATIONAL ORDER by Judge Michael R. Barrett on 7/27/16 granting 50 Motion to Seal Document re 37 Deposition. (ba)

July 27, 2016

July 27, 2016

PACER
52

ORDER finding as moot 15 Motion to Dismiss. Signed by Judge Michael R. Barrett on 7/27/16. (ba) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

RECAP
53

RESPONSE in Opposition re 38 MOTION for Judgment on the Merits and a Permanent Injunction filed by Defendant Richard Hodges. (Attachments: # 1 Exhibit A) (Richardson, Ryan) (Entered: 07/27/2016)

1 Exhibit A

View on PACER

July 27, 2016

July 27, 2016

PACER
54

RESPONSE in Opposition re 34 MOTION in Limine to Exclude Plaintiffs' Expert Report of Dr. Stanley K. Henshaw filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

RECAP
55

REPLY to Response to Motion re 47 MOTION for Permanent Injunction, 38 MOTION for Judgment on the Merits and a Permanent Injunction filed by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

RECAP
56

Objection re 25 Protective Order to Certain of Plaintiffs' Confidentiality Designations by Defendant Richard Hodges. (Richardson, Ryan) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
57

Minute Order. Proceedings held before Judge Michael R. Barrett: Motion Hearing held on 8/2/2016 re 38 and 47 Motion for Judgment and Permanent Injunction; taking under advisement 33 Motion to Clairfy; finding as moot 34 Motion and overruling 48 Amended MOTION in Limine ; Responses due by 8/5/2016 re 56 Objection re 25 Protective Order; Court's decision to follow. (Court Reporter Maryann Maffia, Official.) (ba) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

RECAP

NOTICE re 22 Scheduling Order; the TRO will be extended to 8/12/16 at 11:59 pm. (ba)

Aug. 2, 2016

Aug. 2, 2016

PACER
58

Response re 56 Objection (non motion) to Certain of Plaintiffs' Confidentiality Designations by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. (Wolfson, Paul) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
59

ORDER denying 33 Motion to Clairfy. Signed by Judge Michael R. Barrett on 8/12/16. (ba) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

RECAP
60

ORDER granting 38 Motion Preliminary Injunction; granting 47 Motion for Permanent Injunction; granting 7 Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 8/12/16. (ba) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

RECAP
61

CLERK'S JUDGMENT filed concurrently with 60 Order signed by Judge Michael R. Barrett on 8/12/16. (ba) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

RECAP
62

Transcript of Proceedings, Motion for Judgment on the Merits and a Permanent Injunction, held on August 2, 2016, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/6/2016. Redacted Transcript Deadline set for 9/16/2016. Release of Transcript Restriction set for 11/14/2016. (Maffia, Maryann) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
63

NOTICE OF APPEAL re 61 Clerk's Judgment, 60 Order on Motion for Miscellaneous Relief, Order on Motion for Permanent Injunction, Order on Motion for Preliminary Injunction (Filing fee has been paid, receipt number 0648-5643533) by Defendant Richard Hodges. (Richardson, Ryan) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER

USCA Case Number 16-4027 for 63 Notice of Appeal, filed by Richard Hodges. Case Manager - Louise Schwarber. (sct)

Sept. 8, 2016

Sept. 8, 2016

PACER
64

Unopposed MOTION for Extension of Time to File Re: Application for Costs and Attorney's Fees, by Plaintiffs Planned Parenthood of Greater Ohio, Planned Parenthood of Southwest Ohio Region. Responses due by 10/6/2016 (Wolfson, Paul) Modified docket text to remove "date requested" text on 9/13/2016 (jee). (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

RECAP
65

ORDER granting 64 Motion for Extension of Time to File an Application for costs and Attorney's Fees; Plaintiffs shall file any Application for Costs and Attorneys Fees 45 days after the last judgment rendered by any court in this case becomes final and not subject to further appeal, certiorari, or other judicial review.. Signed by Judge Michael R. Barrett on 9/19/16. (ba) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

RECAP
66

USCA JUDGMENT IN CONSIDERATION THEREOF, it is ORDERED that the district courts grant of Plaintiffs motions for judgment on the merits and for a permanent injunction are AFFIRMED as to 63 Notice of Appeal, filed by Richard Hodges Note: Mandate to issue. (pb) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
67

ORDER of USCA - Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal as to 63 Notice of Appeal, filed by Richard Hodges Note: No Mandate details noted. (pb) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
68

ORDER of USCA as to 63 Notice of Appeal, filed by Richard Hodges granting motion for leave to correct the motion for leave to file an amici curiae briefand for leave to correct en banc brief of amici curiae. Note: No Mandate details noted. (sct) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
69

Appeal Letter re motion to file corrected brief as to 63 Notice of Appeal. (sct) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

RECAP
70

ORDER of USCA as to 63 Notice of Appeal granting in part the motion of Amicus Curiae United States of America requesting leave to appear at argument. Note: No Mandate details noted. (sct) (Entered: 08/30/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
71

ORDER of USCA as to 63 Notice of Appeal: Upon notification of withdrawal as amicus curiae, the State of Michigan is terminated as a party. Note: No Mandate details noted. (er) (Entered: 02/04/2019)

Jan. 31, 2019

Jan. 31, 2019

RECAP
72

ORDER of USCA IT IS ORDERED that the judgment of the district court is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court as to 63 Notice of Appeal, filed by Richard Hodges Note: Mandate to issue. (pb) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

RECAP
73

MANDATE of USCA Pursuant to the court's disposition that was filed 03/12/2019 the mandate for this case hereby issues today 3/29/19 as to 63 Notice of Appeal, filed by Richard Hodges (pb) (Entered: 04/02/2019)

March 29, 2019

March 29, 2019

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/23/2019; Paul Wolfson and Jennifer Branch appeared for Plaintiff; Tiffany Carwile and Zachery Keller appeared for Defendant; a follow up Status Conference is set for 6/21/2019 at 12:15 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/19/19 for conferencing instructions (jlw)

April 23, 2019

April 23, 2019

PACER

~Util - Set Scheduling Order Deadlines

April 23, 2019

April 23, 2019

PACER

Status Conference

April 23, 2019

April 23, 2019

PACER
74

Stipulation of Dismissal

June 21, 2019

June 21, 2019

PACER

Status Conference

June 21, 2019

June 21, 2019

PACER
75

Order Dismissing Case

July 2, 2019

July 2, 2019

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2016

Closing Date: July 2, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio

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

Ohio Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Funding

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

Medical/Mental Health:

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

Type of Facility:

Non-government non-profit

Benefit Source:

Medicaid