Case: Planned Parenthood Southeast, Inc. v. Bentley

ACLU of Alabama

COMPLAINT against Stephanie McGee Azar, Robert Bentley (Filing fee $ 400.00 receipt number 4602038114.), filed by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Exhibit 1, # 2 Receipt)(wcl, ) (Entered: 08/28/2015)

Summons Issued as to Stephanie McGee Azar, Robert Bentley; mailed CMRRR with copy of 1 Complaint. (wcl, ) (Entered: 08/28/2015)

Return Receipt Card showing service of Summons and Complaint signed by Terri T. for Robert Bentley served on 8/31/2015, answer due 9/21/2015. (wcl, ) (Entered: 09/01/2015)

Motion to Appear Pro Hac Vice for Brigitte Amiri by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 9/2/2015 to clarify the docket text (wcl, ). (Entered: 09/02/2015)

Pro Hac Vice Filing fee received re 5 motion: $ 50.00, receipt number 4602038172. (wcl, ) (Entered: 09/02/2015)

MOTION for Preliminary Injunction by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Exhibit −− Exhibits with Table of Contents)(Marshall, Randall) (Entered: 09/02/2015)

NOTICE of Appearance by John Cowles Neiman, Jr on behalf of Robert Bentley (Neiman, John) (Additional attachment(s) added on 9/3/2015: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 09/03/2015)

NOTICE of Appearance by Prim Formby Escalona on behalf of Robert Bentley (Escalona, Prim) (Additional attachment(s) added on 9/3/2015: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 09/03/2015)

Motion to Appear Pro Hac Vice for Carrie Y. Flaxman by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 9/3/2015 to clarify the docket text (wcl, ). (Entered: 09/03/2015)

NOTICE of Appearance by James William Davis on behalf of Stephanie McGee Azar (Davis, James) (Entered: 09/03/2015)

Motion to Appear Pro Hac Vice for Melissa Ann Cohen by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 9/3/2015 to clarify the docket text (wcl, ). (Entered: 09/03/2015)

ORDER granting 5 Motion to Appear Pro Hac Vice for Brigitte Amiri. Signed by Honorable Judge Myron H. Thompson on 9/3/2015. (wcl, ) (Entered: 09/03/2015)

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of Stephanie McGee Azar (Messick, Misty) (Entered: 09/03/2015)

Corporate/Conflict Disclosure Statement by Stephanie McGee Azar. (Messick, Misty) (Entered: 09/03/2015)

NOTICE of Appearance by Kasdin Miller Mitchell on behalf of Robert Bentley (Mitchell, Kasdin) (Additional attachment(s) added on 9/3/2015: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 09/03/2015)

Pro Hac Vice Filing fee received re 10 & 12 motions: $ 100.00, receipt number 4602038206. (wcl, ) (Entered: 09/03/2015)

ORDER granting 10 & 12 Motions to Appear Pro Hac Vice for Carrie Y. Flaxman and Melissa Ann Cohen. Signed by Honorable Judge Myron H. Thompson on 9/3/2015. (wcl, ) (Entered: 09/03/2015)

NOTICE of Appearance by David Bryson Byrne, Jr on behalf of Robert Bentley (Byrne, David) (Additional attachment(s) added on 9/4/2015: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 09/03/2015)

Set Hearings: Telephone Conference re how to proceed re 7 M/Preliminary Injunction set for 9/4/2015 01:00 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) (Entered: 09/03/2015)

ORDER Setting Hearing on Motion re 7 MOTION for Preliminary Injunction: Evidentiary Hearing set for 9/22/2015, at 10:00 AM in Courtroom 2FMJ, with anyopposition briefs and evidentiary materials due by 9/15/2015, and any reply to the opposition due by 9/18/2015. Signed by Honorable Judge Myron H. Thompson on 9/4/2015. (wcl, ) (Entered: 09/04/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 9/4/2015 (PDF available for court use only). (Recording Time 1:10 − 1:23.) (ag, ) (Main Document 22 replaced on 9/4/2015) (ag, ). (Entered: 09/04/2015)

Motion to Appear Pro Hac Vice for Jennifer Dalven by Planned Parenthood Southeast, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 9/9/2015 to clarify the docket text (wcl, ). (Entered: 09/09/2015)

Pro Hac Vice Filing fee received re 23 motion: $ 50.00, receipt number 4602038239. (wcl, ) (Entered: 09/09/2015)

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice for Jennifer Dalven. Signed by Honorable Judge Myron H. Thompson on 9/9/2015. (No pdf attached to this entry) (wcl, ) (Entered: 09/09/2015)

Return Receipt Card showing service of Summons and Complaint signed by Audrey Hopkins for Stephanie McGee Azar served on 9/1/2015, answer due 9/22/2015. (wcl, ) (Entered: 09/15/2015)

NOTICE of Filing of Evidentiary Materials by Stephanie McGee Azar, Robert Bentley. (Attachments: # 1 Exhibit Discs 1 & 2 (Not Scanned))(wcl, ) (Entered: 09/15/2015)

Evidentiary Submission (Second) filed by Stephanie McGee Azar, Robert Bentley. (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)(Neiman, John) (Entered: 09/15/2015)

BRIEF/MEMORANDUM in Opposition re 7 MOTION for Preliminary Injunction filed by Stephanie McGee Azar, Robert Bentley. (Neiman, John) (Entered: 09/15/2015)

***Attorney Scott Samuel Brown for Robert Bentley added pursuant to the 28 Evidentiary Submission. (No pdf attached to this entry) (wcl, ) (Entered: 09/16/2015)

AMENDED COMPLAINT against Stephanie McGee Azar, Robert Bentley, filed by Planned Parenthood Southeast, Inc., Jane Doe.(Amiri, Brigitte) (Additional attachment(s) added on 9/16/2015: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 09/16/2015)

MOTION for Leave to Proceed Under Pseudonym by Jane Doe. (Attachments: # 1 Exhibit A− Declaration of Jane Doe)(Amiri, Brigitte) (Additional attachment(s) added on 9/16/2015: # 2 Corrected Certificate of Service) (wcl, ). (Entered: 09/16/2015)

ORDER Status Conference set for 9/18/2015 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 9/16/2015. (parties will set up the call)(ag, ) (Entered: 09/16/2015)

ORAL MOTION to seal Exhibit 2 to Document 28 Evidentiary Submission by Planned Parenthood Southeast, Inc.. (ag, ) (Entered: 09/18/2015)

ORAL ORDER granting 33 Motion to Seal. Entered by Honorable Judge Myron H. Thompson on 9/18/2015. (ag, ) (Entered: 09/18/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 9/18/2015 (PDF available for court use only). (Court

ORDER granting 31 Motion to proceed under pseudonym, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/21/2015. (wcl, ) (Entered: 09/21/2015)

Motion to Appear Pro Hac Vice for Jennifer R. Sandman by Jane Doe, Planned Parenthood Southeast, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 9/21/2015 to clarify the docket text (wcl, ). (Entered: 09/21/2015)

TEXT ORDER granting 38 Motion to Appear Pro Hac Vice for Jennifer R. Sandman. Signed by Honorable Judge Myron H. Thompson on 9/21/2015. (No pdf attached to this entry) (wcl, ) (Entered: 09/21/2015)

Pro Hac Vice Filing fee received re 38 motion: $ 50.00, receipt number 4602038362. (wcl, ) (Entered: 09/21/2015)

NOTICE by Jane Doe, Planned Parenthood Southeast, Inc. of Supplemental Authority (Attachments: # 1 Exhibit A)(Amiri, Brigitte) (Entered: 09/21/2015)

***Attorney Jennifer R. Sandman for Planned Parenthood Southeast, Inc. and Jane Doe added pursuant to the 38 motion. (No pdf attached to this entry) (wcl, ) (Entered: 09/21/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 9/22/2015 re 7 MOTION for Preliminary Injunction filed by Planned Parenthood Southeast, Inc. (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/22/2015)

JOINT NOTICE REGARDING ORDER ON MOTION TO PROCEED PSEUDONYMOUSLY (Docket No. 37 ) by Jane Doe, Planned Parenthood Southeast, Inc., Robert Bentley, Stephanie McGee Azar. (Cohen, Melissa) Modified on 9/29/2015 to clarify the docket text and to add as also filed on behalf of the dfts (wcl, ). (Entered: 09/28/2015)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Motion for Preliminary Injunction Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/22/2015, before Judge Myron H. Thompson; Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221; 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 OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 10/21/2015; Redacted Transcript Deadline set for 11/2/2015; Release of Transcript Restriction set for 12/29/2015. (wcl, ) (Entered: 09/30/2015)

MOTION for Extension of Time to File Answer re 30 Amended Complaint ( by Stephanie McGee Azar, Robert Bentley. (Davis, James) (Entered: 10/02/2015)

ORDER granting 45 Unopposed Motion for Extension of Time, and dfts shall have until 14 days after issuance of an opinion on the motion for preliminary injunction to file an answer or other response to the amended complaint. Signed by Honorable Judge Myron H. Thompson on 10/5/2015. (wcl, ) (Entered: 10/05/2015)

NOTICE by Jane Doe, Planned Parenthood Southeast, Inc. of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Amiri, Brigitte) (Entered: 10/06/2015)

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Response to 47 Notice of Supplemental Authority filed by Stephanie McGee Azar, Robert Bentley. (Neiman, John) (Entered: 10/07/2015)

Set Hearings: Telephone Conference RE: Appropriate Scope and form of relief, set for 10/14/2015 11:00 AM by telephone before Honorable Judge Myron H. Thompson. (war, ) (Entered: 10/09/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 10/14/2015 (PDF available for court use only). (Recording Time FTR: 11:09 − 11:26.) (war, ) (Entered: 10/14/2015)

Response to Order (Plaintiffs' Memorandum Regarding Consolidation) by Jane Doe, Planned Parenthood Southeast, Inc.. (Cohen, Melissa) (Entered: 10/15/2015)

BRIEF/MEMORANDUM in Opposition re 7 MOTION for Preliminary Injunction Supplemental Brief filed by Stephanie McGee Azar, Robert Bentley. (Attachments: # 1 Exhibit A)(Neiman, John) (Entered: 10/15/2015)

AMENDED COMPLAINT (Second) against All Defendants, filed by Planned Parenthood Southeast, Inc., Jane Doe.(Cohen, Melissa) (Additional attachment(s) added on 10/16/2015: # 1 Exhibit 1) (wcl, ). Modified on 10/16/2015 to attach a correct PDF document of Exhibit 1 which was previously omitted in error (wcl, ). (Entered: 10/16/2015)

MOTION to Certify Class by Jane Doe, Planned Parenthood Southeast, Inc.. (Attachments: # 1 Exhibit A, Fox Decl.)(Cohen, Melissa) (Entered: 10/16/2015)

NOTICE of Correction re 53 Second Amended Complaint, to attach a correct PDF document of Exhibit 1 which was previously omitted in error. (Attachments: # 1 Correct Attachment PDF Document Exhibit 1 to Docket Entry 53 )(wcl, ) (Entered: 10/16/2015)

NOTICE by Jane Doe, Planned Parenthood Southeast, Inc. of Supplemental Authority (Attachments: # 1 Exhibit A)(Amiri, Brigitte) (Entered: 10/19/2015)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/14/2015, before Judge Myron H. Thompson; Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221; 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 OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 11/9/2015; Redacted Transcript Deadline set for 11/19/2015; Release of Transcript Restriction set for 1/19/2016. (wcl, ) (Entered: 10/19/2015)

BRIEF/MEMORANDUM in Opposition re 7 MOTION for Preliminary Injunction , 56 Notice (Other) and Response to Supplemental Authority from Louisiana filed by Stephanie McGee Azar, Robert Bentley. (Neiman, John) (Entered: 10/20/2015)

Objection to re 54 MOTION to Certify Class On Provisional Basis Without Discovery or Briefing filed by Stephanie McGee Azar, Robert Bentley. (Escalona, Prim) (Entered: 10/20/2015)

NOTICE by Jane Doe, Planned Parenthood Southeast, Inc. re 54 MOTION to Certify Class (Notice of Supplemental Declaration to Clarify Record) (Attachments: # 1 Exhibit Supplemental Declaration of Staci L. Fox)(Cohen, Melissa) (Entered: 10/22/2015)

RESPONSE in Support re 54 MOTION to Certify Class filed by Jane Doe, Planned Parenthood Southeast, Inc.. (Cohen, Melissa) (Entered: 10/23/2015)

MOTION for Discovery to Notice Class−Certification−Related Depositions by Stephanie McGee Azar, Robert Bentley. (Attachments: # 1 Exhibit Proposed 30(b)(6) deposition notice, # 2 Exhibit Proposed Staci Fox deposition notice, # 3 Exhibit Proposed Jane Doe deposition notice)(Neiman, John) (Entered: 10/23/2015)

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/28/2015. (wcl, )

ORDER OF PRELIMINARY INJUNCTION: it is the ORDER of the court as follows: (1) Plfs Planned Parenthood Southeast and Jane Doe's 7 motion for a preliminary injunction is granted as to Doe's Medicaid Act claim; (2) Dfts Robert Bentley and St ephanie McGee Azar, and all those acting in concert with them, are PRELIMINARILY ENJOINED from suspending Medicaid payments to Planned Parenthood Southeast, Inc. and from failing to reinstate their provider agreement with Planned Parenthood Southeast, Inc., until further order of the court. Signed by Honorable Judge Myron H. Thompson on 10/28/2015. (wcl, )

Set Hearings: Telephone Conference re 62 M/for Discovery to Notice Class−Certification related Depositons set for 11/2/2015 03:15 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) (Entered: 10/29/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 11/2/2015 (PDF available for court use only). (Recording Time 3:22 − 3:27.) (ag, ) (Entered: 11/02/2015)

TEXT ORDER: Status Conference set for 11/17/2015 10:00 AM by telephone before Honorable Judge Myron H. Thompson.. Entered by Honorable Judge Myron H. Thompson on 11/3/2015. (ag, ) (Entered: 11/03/2015)

~Util - Set Hearings AND Order

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 11/17/2015 (PDF available for court use only). (Recording Time 10:01 − 10:06.) (ajr, ) (Entered: 11/17/2015)

Order

Order

ORDERED that the 69 Joint Motion to Enter Final Order is granted as follows: Dfts Robert Bentley and Stephanie McGee Azar, and all those acting in concert with them, are PERMANENTLY ENJOINED from suspending Medicaid payments to Planned Parenthood S outheast, Inc., or terminating their provider agreements based upon any allegation, video or documentation prepared by, or in concert with, the Center for Medical Progress that has been released or made available as of the date of this Order. PROVIDE D HOWEVER, that nothing in this Order prohibits the Governor and Commissioner from terminating Planned Parenthood Southeast, Inc.'s Medicaid provider agreements for cause as defined by the Medicaid Act, should such cause arise in the future; Dft s Robert Bentley and Stephanie McGee Azar, and all those acting in concert with them, are PERMANENTLY ENJOINED from terminating Planned Parenthood Southeast, Inc.'s Medicaid provider agreements on an at-will basis; Dfts shall pay Plfs' coun sel fifty one thousand, nine dollars and eighty nine cents ($51,009.89) in full satisfaction of any claim for attorneys' fees, expenses and costs within ninety (90) days of this Order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

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