Case: Planned Parenthood Southeast, Inc. v. Bentley

2:15-cv-00620 | U.S. District Court for the Middle District of Alabama

Filed Date: Aug. 28, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 28, 2015, Planned Parenthood Southeast, Inc. (PPSE) filed this lawsuit in the United States District Court for the Middle District of Alabama. PPSE sued the Governor of Alabama and the Alabama Medicaid Agency under 42 U.S.C. § 1983 for violations of the Medicaid Act and the First and Fourteenth Amendments to the United States Constitution. The plaintiffs asked the court for declaratory and injunctive relief to enjoin the defendant from terminating PPSE's Medicaid provider agreement. S…

On August 28, 2015, Planned Parenthood Southeast, Inc. (PPSE) filed this lawsuit in the United States District Court for the Middle District of Alabama. PPSE sued the Governor of Alabama and the Alabama Medicaid Agency under 42 U.S.C. § 1983 for violations of the Medicaid Act and the First and Fourteenth Amendments to the United States Constitution. The plaintiffs asked the court for declaratory and injunctive relief to enjoin the defendant from terminating PPSE's Medicaid provider agreement.

Specifically, PPSE claimed that on August 6, 2015, Alabama Governor Robert Bentley notified the plaintiff that the state would soon terminate PPSE's Medicaid provider agreement. While the letter did not give a reason for this termination, Governor Bentley released a press statement the same day referencing a heavily edited video produced by anti-choice advocates that misleadingly indicated other Planned Parenthood clinics had sold fetal body parts. The plaintiff claimed that such allegations were irrelevant to PPSE's ability to offer services to Medicaid patients. Further, PPSE claimed that termination of its Medicaid provider agreements violated the Medicaid Act by denying PPSE patients the right to choose the willing and qualified health care provider of their choice; the First and Fourteenth Amendment by penalizing the plaintiff for its constitutionally protected association with abortion providers; and the Equal Protection Clause by singling PPSE out for unfavorable treatment.

On September 16, 2015, PPSE submitted an amended complaint including a Jane Doe plaintiff. The Jane Doe plaintiff was an Alabama Medicaid patient who preferred to receive health services from PPSE. On October 16, 2015, the plaintiffs submitted a second amended complaint and a motion to certify class. The plaintiffs asked for class certification to cover all Alabama Medicaid beneficiaries who obtained or sought to obtain health care services from PPSE.

On October 28, 2015, U.S. District Judge Myron Thompson granted the plaintiffs' motion for a preliminary injunction. He found that Governor Bentley's termination of PPSE's provider agreement likely violated the Medicaid Act because it failed to provide a reason for such termination. The preliminary injunction required that the State reinstate its Medicaid provider agreement with PPSE.

The parties then began settlement discussions. On November 30, 2015, the parties jointly moved the court to enter a final order. The proposed order permanently enjoined the state from terminating PPSE's Medicaid provider agreements based on any allegations from the misleading video previously mentioned by the Governor or from terminating the agreement on an at-will basis. The order further required the State to cover the plaintiffs' attorney fees. Judge Thompson entered the final order as requested. The case is now closed.

Summary Authors

Gabriela Hybel (3/20/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5589804/parties/planned-parenthood-southeast-inc-v-bentley/


Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Cohen, Melissa A. (New York)

Dalven, Jennifer (New York)

Flaxman, Carrie Y. (District of Columbia)

Marshall, Randall C (Florida)

Sandman, Jennifer (New York)

Attorneys(s) for Defendant

Brown, Scott Samuel (Alabama)

Byrne, David Bryson Jr. (Alabama)

Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Cohen, Melissa A. (New York)

Dalven, Jennifer (New York)

Flaxman, Carrie Y. (District of Columbia)

Marshall, Randall C (Florida)

Sandman, Jennifer (New York)

Attorneys(s) for Defendant

Brown, Scott Samuel (Alabama)

Byrne, David Bryson Jr. (Alabama)

Davis, James William (Alabama)

Escalona, Prim Formby (Alabama)

Messick, Misty Shawn Fairbanks (Alabama)

Mitchell, Kasdin Miller (Alabama)

Neiman, John C. Jr. (Alabama)

Documents in the Clearinghouse

Document

2:15-cv-00620

Docket [PACER]

Nov. 30, 2015

Nov. 30, 2015

Docket
1

2:15-cv-00620

Complaint

Aug. 28, 2015

Aug. 28, 2015

Complaint
52

2:15-cv-00620

Defendants' Supplemental Brief in Opposition to Motion for Preliminary Injunction

Oct. 15, 2015

Oct. 15, 2015

Pleading / Motion / Brief
63

2:15-cv-00620

Opinion

Oct. 28, 2015

Oct. 28, 2015

Order/Opinion
70

2:15-cv-00620

Order

Nov. 30, 2015

Nov. 30, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5589804/planned-parenthood-southeast-inc-v-bentley/

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

ECF Number Description Date Link Date / Link
1

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)

Aug. 28, 2015

Aug. 28, 2015

63

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

Oct. 28, 2015

Oct. 28, 2015

RECAP
64

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, )

Oct. 28, 2015

Oct. 28, 2015

RECAP
3

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

Aug. 28, 2015

Aug. 28, 2015

4

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)

Sept. 1, 2015

Sept. 1, 2015

5

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)

Sept. 2, 2015

Sept. 2, 2015

6

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

Sept. 2, 2015

Sept. 2, 2015

7

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

Sept. 2, 2015

Sept. 2, 2015

8

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)

Sept. 3, 2015

Sept. 3, 2015

9

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)

Sept. 3, 2015

Sept. 3, 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)

Sept. 3, 2015

Sept. 3, 2015

10

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)

Sept. 3, 2015

Sept. 3, 2015

11

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

Sept. 3, 2015

Sept. 3, 2015

12

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)

Sept. 3, 2015

Sept. 3, 2015

13

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)

Sept. 3, 2015

Sept. 3, 2015

14

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

Sept. 3, 2015

Sept. 3, 2015

15

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

Sept. 3, 2015

Sept. 3, 2015

16

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)

Sept. 3, 2015

Sept. 3, 2015

17

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

Sept. 3, 2015

Sept. 3, 2015

18

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)

Sept. 3, 2015

Sept. 3, 2015

19

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)

Sept. 3, 2015

Sept. 3, 2015

21

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)

Sept. 4, 2015

Sept. 4, 2015

22

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)

Sept. 4, 2015

Sept. 4, 2015

23

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)

Sept. 9, 2015

Sept. 9, 2015

24

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

Sept. 9, 2015

Sept. 9, 2015

25

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)

Sept. 9, 2015

Sept. 9, 2015

26

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)

Sept. 15, 2015

Sept. 15, 2015

27

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)

Sept. 15, 2015

Sept. 15, 2015

28

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)

Sept. 15, 2015

Sept. 15, 2015

29

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

Sept. 15, 2015

Sept. 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)

Sept. 15, 2015

Sept. 15, 2015

30

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)

Sept. 16, 2015

Sept. 16, 2015

31

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)

Sept. 16, 2015

Sept. 16, 2015

32

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)

Sept. 16, 2015

Sept. 16, 2015

33

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

Sept. 18, 2015

Sept. 18, 2015

34

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

Sept. 18, 2015

Sept. 18, 2015

35

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

Sept. 18, 2015

Sept. 18, 2015

37

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)

Sept. 21, 2015

Sept. 21, 2015

38

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)

Sept. 21, 2015

Sept. 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)

Sept. 21, 2015

Sept. 21, 2015

39

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)

Sept. 21, 2015

Sept. 21, 2015

40

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

Sept. 21, 2015

Sept. 21, 2015

41

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

Sept. 21, 2015

Sept. 21, 2015

42

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)

Sept. 22, 2015

Sept. 22, 2015

43

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)

Sept. 28, 2015

Sept. 28, 2015

44

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)

Sept. 30, 2015

Sept. 30, 2015

45

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

Oct. 2, 2015

Oct. 2, 2015

46

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)

Oct. 5, 2015

Oct. 5, 2015

47

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

Oct. 6, 2015

Oct. 6, 2015

48

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)

Oct. 7, 2015

Oct. 7, 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)

Oct. 9, 2015

Oct. 9, 2015

50

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)

Oct. 14, 2015

Oct. 14, 2015

51

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

Oct. 15, 2015

Oct. 15, 2015

52

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)

Oct. 15, 2015

Oct. 15, 2015

53

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)

Oct. 16, 2015

Oct. 16, 2015

54

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

Oct. 16, 2015

Oct. 16, 2015

55

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)

Oct. 16, 2015

Oct. 16, 2015

56

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

Oct. 19, 2015

Oct. 19, 2015

57

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)

Oct. 19, 2015

Oct. 19, 2015

58

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)

Oct. 20, 2015

Oct. 20, 2015

59

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)

Oct. 20, 2015

Oct. 20, 2015

60

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)

Oct. 22, 2015

Oct. 22, 2015

61

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

Oct. 23, 2015

Oct. 23, 2015

62

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)

Oct. 23, 2015

Oct. 23, 2015

65

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)

Nov. 2, 2015

Nov. 2, 2015

66

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)

Nov. 3, 2015

Nov. 3, 2015

67

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)

Nov. 17, 2015

Nov. 17, 2015

68

ORDERED that the parties shall submit settlement documents to the court by 11/30/2015. Signed by Honorable Judge Myron H. Thompson on 11/17/2015. (wcl, ) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

69

Joint MOTION to Enter Final Order by Robert Bentley, Stephanie McGee Azar, Planned Parenthood Southeast, Inc., Jane Doe. (Attachments: # 1 Exhibit A − Proposed Order)(Neiman, John) Modified on 11/30/2015 to add as filed on behalf of all parties (wcl, ). (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

70

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

View on PACER

Nov. 30, 2015

Nov. 30, 2015

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood Southeast, Jane Doe Medicaid beneficiary

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Alabama Medicaid Agency, State

Defendant Type(s):

Hospital/Health Department

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):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 51,009.89

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Disparate Treatment

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