Case: Planned Parenthood of Arkansas & Eastern Oklahoma Inc. v. Gillespie

4:15-cv-00566 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Sept. 11, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 11, 2015, two Planned Parenthood clinics and three Arkansas Medicaid patients filed this lawsuit in the United States District Court for the Eastern District of Arkansas. The plaintiffs sued the Arkansas Department of Human Services, 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, enjoining the Department of Human Services from …

On September 11, 2015, two Planned Parenthood clinics and three Arkansas Medicaid patients filed this lawsuit in the United States District Court for the Eastern District of Arkansas. The plaintiffs sued the Arkansas Department of Human Services, 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, enjoining the Department of Human Services from excluding Planned Parenthood as a Medicaid provider.

Specifically, the plaintiffs claimed that on August 15, 2015, the Department had notified the Planned Parenthood clinics that it would soon terminate their Medicaid provider agreements. While the Department gave no reason for the termination, a press release by Arkansas Governor Asa Hutchinson indicated that the decision was in reaction to videos released by anti-abortion advocates claiming that Planned Parenthood clinics in other states had illegally sold fetal tissues. The plaintiffs claimed that such videos were both misleading and had no relevance to their ability to offer quality Medicaid services. Further, they claimed that termination of their Medicaid provider agreements violated the Medicaid Act by denying the individual plaintiffs their right to choose the willing and qualified health care provider of their choice; the First and Fourteenth Amendment by penalizing the individual plaintiffs for their constitutionally protected association with abortion providers; and the Equal Protection Clause by singling the plaintiffs out for unfavorable treatment.

On September 18, 2015, U.S. District Judge Kristine G. Baker issued a temporary restraining order enjoining the Department from suspending Medicaid payments to the clinics for the following 14 days. On October 2, 2015, the court issued a preliminary injunction enjoining the Department from suspending Medicaid payments to the clinics for services received by the individual plaintiffs. On October 5, 2015, the Department appealed the preliminary injunction to the United States Court of Appeals for the Eighth Circuit.

While the appeal was pending, on October 5, 2016, the plaintiffs filed a motion to certify a class of all Medicaid patients receiving or desiring to receive health services from Planned Parenthood. The court granted class certification on January 25, 2016. On March 3, 2016, the court amended the class certification to remove any requirement that the plaintiffs notify class members.

On September 28, 2016, the court issued a new preliminary injunction, enjoining the Department from suspending Medicaid payments to the clinics for services received by any members of the plaintiff class. This included any Arkansas Medicaid patient who received services from the clinics.

On October 27, 2016, the Department appealed the second preliminary injunction to the United States Court of Appeals for the Eighth Circuit. This appeal was consolidated with the Department’s October 5, 2015 appeal of the first preliminary injunction. On November 30, 2016, the plaintiffs filed a third amended complaint.

The Eighth Circuit Court of Appeals issued its opinion regarding the preliminary injunction on August 16, 2017. 867 F.3d 1034. The court (Judges Colloton, Melloy, and Shepherd), vacated both preliminary injunctions in a 2-1 opinion. The court found that the plaintiffs did not have a likelihood of success on the merits of their claims, because the Medicaid Act did not unambiguously create a federal right for individual patients that can be enforced under § 1983. Judge Melloy dissented, because he would join the four other circuit courts and numerous district courts that all have found a private right of enforcement under the Medicaid Act.

After the Eighth Circuit issued its opinion, the plaintiffs again filed a motion for the district court to grant a preliminary injunction on January 19, 2018, this time on their constitutional claims rather than their Medicaid Act claim. The court denied this motion on July 30, 2018. While the court was considering that motion, the Department filed a motion for judgment on the pleadings as to the Medicaid Act claim; the court denied that motion on March 24, 2019. It concluded that judgment on the pleadings was neither necessary nor helpful at this stage of the litigation. In the same order, the court also denied the plaintiffs’ motion to stay the proceedings.

On March 20, 2020, the plaintiffs filed a motion for stay, claiming that they were not able to effectively pursue discovery due to the Covid-19 pandemic. The court granted stay on the same day. The plaintiffs further filed motions for stay on May 15, 2020 and July 15, 2020, which the court granted on the days they were filed. This case is ongoing.

Summary Authors

Gabriela Hybel (3/20/2017)

Michael Beech (4/1/2019)

Bogyung Lim (8/3/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5557038/parties/planned-parenthood-of-arkansas-eastern-oklahoma-inc-v-gillespie/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Colloton, Steven M. (Iowa)

Attorneys(s) for Plaintiff

Brownstein, Bettina E. (Arkansas)

Clarke, Christine (New York)

Lopez, Burth (District of Columbia)

Muniz, Richard (Illinois)

Sandman, Jennifer (New York)

Attorneys(s) for Defendant

Baugh, Monty Vaughan (Arkansas)

Bronni, Nicholas Jacob (Arkansas)

Cordi , C Joseph (Arkansas)

Judge(s)

Baker, Kristine Gerhard (Arkansas)

Colloton, Steven M. (Iowa)

Attorneys(s) for Plaintiff

Brownstein, Bettina E. (Arkansas)

Clarke, Christine (New York)

Lopez, Burth (District of Columbia)

Muniz, Richard (Illinois)

Sandman, Jennifer (New York)

Attorneys(s) for Defendant

Baugh, Monty Vaughan (Arkansas)

Bronni, Nicholas Jacob (Arkansas)

Cordi , C Joseph (Arkansas)

Curran, David A. (Arkansas)

Jacobs, Dylan L (Arkansas)

Merritt, Jennifer L (Arkansas)

Pipkin, Mindy D. (Arkansas)

Rudofsky, Lee Philip (Arkansas)

Sterling, David Wayne (Arkansas)

Wagner, Vincent Moore (Arkansas)

Documents in the Clearinghouse

Document

4:15-cv-00566

15-03271

16-04068

Docket [PACER]

July 21, 2020

July 21, 2020

Docket
1

4:15-cv-00566

Complaint for Injunctive and Declaratory Relief

Sept. 11, 2015

Sept. 11, 2015

Complaint
45

4:15-cv-00566

Amended and Substituted Preliminary Injunction Order

Oct. 5, 2015

Oct. 5, 2015

Order/Opinion
86

4:15-cv-00566

Order

313 F.R.D. 81

Jan. 25, 2016

Jan. 25, 2016

Order/Opinion
127

4:15-cv-00566

Preliminary Injunction Order on Behalf of the Patient Class

Sept. 29, 2016

Sept. 29, 2016

Order/Opinion
135

4:15-cv-00566

Third Amended Complaint for Injunctive and Declaratory Relief: Class Action

Nov. 30, 2016

Nov. 30, 2016

Complaint
140

4:15-cv-00566

Opinion

U. S. Court of Appeals for the Eighth Circuit

867 F.3d 1034

Aug. 16, 2017

Aug. 16, 2017

Order/Opinion
181

4:15-cv-00566

Preliminary Injunction Order

2018 WL 6220077

July 30, 2018

July 30, 2018

Order/Opinion
192

4:15-cv-00566

Order

March 24, 2019

March 24, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5557038/planned-parenthood-of-arkansas-eastern-oklahoma-inc-v-gillespie/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against John Selig filed by Planned Parenthood Arkansas & Eastern Oklahoma and Jane Does. Summons issued and returned to counsel. (Fee $400 paid, Receipt #LIT053157.) (Attachments: # 1 Civil Cover Sheet). (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
2

MOTION for Leave to Appear pro hac vice by Jennifer Sandman. Fee $100 paid, Receipt #LIT053157. Filed by Jane Does and Planned Parenthood Arkansas & Eastern Oklahoma. (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
3

MOTION for Temporary Restraining Order and Preliminary Injunction by Planned Parenthood Arkansas & Eastern Oklahoma and Jane Does. (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
4

MEMORANDUM of Law in Support of 3 Motion for TRO and Preliminary Injunction filed by Jane Does and Planned Parenthood Arkansas & Eastern Oklahoma. (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
5

MOTION for Protective Order by Jane Does and Planned Parenthood Arkansas & Eastern Oklahoma. (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
6

MEMORANDUM of Law in Support of 5 Motion for Protective Order filed by Jane Does and Planned Parenthood Arkansas & Eastern Oklahoma. (ljb) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
7

ORDER Setting Hearing on 3 Motion for Temporary Restraining Order and for Preliminary Injunction. Hearing set for 9/17/2015, at 02:00 PM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed by Judge Kristine G. Baker on 9/11/2015. (mcz) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
8

ORDER granting 2 motion to appear pro hac vice. Ms. Sandman shall appear as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 09/15/2015. (rhm) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
9

ORDER granting 5 motion for protective order. The identities of the Jane Does shall be filed with the Court under seal. Signed by Judge Kristine G. Baker on 09/15/2015. (rhm) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
10

NOTICE of Appearance by David A. Curran on behalf of John Selig (Curran, David) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
11

NOTICE of Appearance by David Wayne Sterling on behalf of John Selig (Sterling, David) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
12

AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Planned Parenthood Arkansas & Eastern Oklahoma, Jane Does(Brownstein, Bettina) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
13

BRIEF IN SUPPORT re 4 Memorandum of Points and Authorities (Supplemental Memorandum) filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit to Supplemental Memorandum In Support of Motion for TRO/Preliminary Injunction, # 2 Exhibit Exhibit to Supplemental Memorandum In Support of Motion for TRO/Preliminary Injunction)(Brownstein, Bettina) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
14

NOTICE of Filing Jane Doe Identities Under Seal based on 9 Order. (mef) (Docket text modified on 9/16/2015 to correct the description of the document filed.) (thd). (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
15

SEALED DOCUMENT. (mef) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER

NOTICE OF DOCKET CORRECTION re: 14 Notice. CORRECTION: The docket text was modified to correct the description of the document filed as "NOTICE of Filing Jane Doe Identities Under Seal based on 9 Order."(thd)

Sept. 16, 2015

Sept. 16, 2015

PACER
16

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Selig. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5,)(Curran, David) (Exhibit 6 removed from the docket and filed under seal on 10/9/2015, based on 65 Order.) (thd). (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
17

NOTICE of Appearance by Lee Rudofsky on behalf of John Selig (Rudofsky, Lee) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
18

ORDER authorizing Jennifer Sandman, Deputy Director of the Public Policy Litigation & Law Department at Planned Parenthood Federation of America, and counsel for plaintiffs in this matter, to bring a cell phone, laptop computer,or personal digital assistant into the courthouse in Little Rock, Arkansas, on Thursday, September 17, 2015, for a hearing. Signed by Judge Kristine G. Baker on 09/17/2015. (rhm) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
19

ADDENDUM re 16 Response in Opposition to Motion. Exhibit F Affidavit of Mark White: DVD maintained in Clerk's office file. Filed conventionally by John Selig on 9/17/2015. (scw) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
20

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Motion Hearing held on 9/17/2015 re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Arkansas & Eastern Oklahoma, Jane Does. Court convened. After arguments from counsel, the Court took the matter under advisement. A written order will be entered. Plaintiffs' counsel B. Brownstein and J. Sandman, Defense counsel L. Rudofsky, D. Curran and D. Sterling. (Court Reporter Elaine Hinson.) (tmw) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
21

Temporary Restraining Order granting 3 PPH and the Jane Does' motion for temporary restraining order. The Court temporarily restrains ADHS for a period of 14 days from the date of entry of this Order from suspending Medicaid payments to PPH for services rendered to Medicaid beneficiaries, including but not limited to the Jane Does. This temporary restraining order shall not exceed 14 days from the date of entry of this order and shall expire by its own terms on Friday, October 2, 2015, at 4:55 p.m. unless the Court, for good cause shown, extends it. Signed by Judge Kristine G. Baker on 09/18/2015. (rhm) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
22

ORDER: The Court will conduct a status conference via telephone on Wednesday, September 23, 2015, at 3:00 p.m. CST concerning a briefing schedule and potential hearing. Signed by Judge Kristine G. Baker on 09/22/2015. (rhm) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
23

TRANSCRIPT of Hearing on Motion for Temporary Restraining Order Proceedings held on 09/17/2015 before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 10/2/2015. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (plm) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
24

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Status Conference held on 9/23/2015. Present for the Plaintiffs B. Brownstein and J. Sandman. Present for the defense D. Sterling and L. Rudofsky. After arguments from the parties, the Court took the matter under advisement. A separate order will be entered. (Court Reporter Elaine Hinson.) (tmw) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
25

ORDER on status conference held September 23, 2015, and setting briefing schedule. PPH and the Jane Does will file a reply to ADHS's 16 response to the motion for temporary restraining order and preliminary injunction on or before September 25, 2015. Signed by Judge Kristine G. Baker on 09/25/2015. (rhm) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
26

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A to Reply in Support of Motion for Preliminary Injunction, # 2 Exhibit Exhibit B to Reply in Support of Motion for Preliminary Injunction, # 3 Exhibit Exhibit C to Reply in Support of Motion for Preliminary Injunction, # 4 Exhibit Exhibit D to Reply in Support of Motion for Preliminary Injunction, # 5 Exhibit Exhibit E to Reply in Support of Motion for Preliminary Injunction, # 6 Exhibit Exhibit F to Reply in Support of Motion for Preliminary Injunction)(Sandman, Jennifer) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
27

MOTION to Strike 16 Response in Opposition to Motion, Exhibits 2, 3, and 4, and 19 Exhibit F to the Affidavit of Mark White by All Plaintiffs (Attachments: # 1 Exhibit Exhibit to Motion to Strike)(Sandman, Jennifer) (Docket entry modified on 9/28/2015 to correct the linkage and the description of the document filed.) (thd). (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
28

MOTION to Seal Document by All Plaintiffs (Brownstein, Bettina) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER

NOTICE OF DOCKET CORRECTION re: 27 Motion. CORRECTION: The docket entry was modified to correct the linkage and the description of the document filed as "MOTION to Strike 16 Response in Opposition to Motion, Exhibits 2, 3, and 4, and 19 Exhibit F to the Affidavit of Mark White." (thd)

Sept. 28, 2015

Sept. 28, 2015

PACER
29

MOTION for Leave to File Sur-Reply Under Seal by John Selig (Rudofsky, Lee) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
30

MOTION to Strike Portions of De Baca Declarations by John Selig (Rudofsky, Lee) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
31

ORDER granting 28 agreed upon motion to seal and the Jane Does' answers to written questions may be filed under seal. Signed by Judge Kristine G. Baker on 09/29/2015. (rhm) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
32

ORDER clarifying 25 Order. Signed by Judge Kristine G. Baker on 09/29/2015. (rhm) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
33

ORDER granting 29 motion for leave to file a sur-reply under seal. Further, the Court grants defendant's request to file a redacted version of the sur-reply followed by the filing under seal of a non-redacted version of the sur-reply on dates and times as agreed by the parties. The Court understands that, with the Court's granting this request, defendant does not seek an evidentiary hearing in this matter. Signed by Judge Kristine G. Baker on 09/29/2015. (rhm) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
34

Mail Returned as Undeliverable. Mail sent to Jennifer Sandman re 9 Order on Motion for Protective Order, 7 Order Setting Hearing on Motion, 8 Order on Motion to Appear Pro Hac Vice (jap) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
35

SEALED DOCUMENT. (mef) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
36

SEALED DOCUMENT. (mef) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
37

SEALED DOCUMENT. (mef) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
38

RESPONSE in Opposition re 27 MOTION to Strike 16 Response in Opposition to Motion, Exs. 2, 3, and 4, and Ex. G of Affidavit of Mark White filed by John Selig. (Attachments: # 1 Exhibit A)(Sterling, David) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
39

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Sur-Reply with leave of court filed by John Selig. (Attachments: # 1 Exhibit Placeholder for exhibits under seal)(Curran, David) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
40

SEALED DOCUMENT. (scw) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
41

RESPONSE in Opposition re 30 MOTION to Strike Portions of De Baca Declarations filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A to Pls.' Resp. to Def.'s Mot. to Strike)(Sandman, Jennifer) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
42

NOTICE of Appearance by C. Joseph Cordi, Jr on behalf of John Selig (Cordi, C.) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
43

ANSWER to 12 Amended Complaint by John Selig.(Cordi, C.) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
44

PRELIMINARY INJUNCTION ORDER denying 27 and 30 motions to strike and grants the Jane Does' motion for preliminary injunction. The Court enjoins ADHS from suspending Medicaid payments to PPH for services rendered to Medicaid beneficiaries the Jane Does until further order from this Court. Signed by Judge Kristine G. Baker on 10/2/2015. (ljb) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
45

AMENDED AND SUBSTITUTED PRELIMINARY INJUNCTION denying 27 PPH's and the Jane Does' motion to strike; denying 30 ADHS's motion to strike; granting the Jane Does' motion for preliminary injunction; and enjoining ADHS from suspending Medicaid payments to PPH for services rendered to Medicaid beneficiaries the Jane Does until further order from this Court. Signed by Judge Kristine G. Baker on 10/5/2015. (kdr) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
46

NOTICE OF APPEAL as to 45 Preliminary Injunction, 44 Preliminary Injunction, Terminate Motions,, by John Selig. (Attachments: # 1 Exhibit Form A information sheet)(Curran, David) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
47

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to John Selig re 46 Notice of Appeal, 45 Preliminary Injunction, 44 Preliminary Injunction. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (fcd) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
48

USCA Appeal Fees received--$505.00 re 46 Notice of Appeal filed by John Selig. Receipt number LIT053494. (thd) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

RECAP
49

MOTION for Leave to File Second Amended Complaint by All Plaintiffs (Attachments: # 1 Exhibit Second Amended Complaint)(Sandman, Jennifer) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
50

MOTION to Certify Class by All Plaintiffs (Sandman, Jennifer) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
51

BRIEF IN SUPPORT re 50 Motion to Certify Class filed by All Plaintiffs. (Sandman, Jennifer) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
52

MOTION to Expedite Defendant's Response to Motion for Class Certification by All Plaintiffs (Sandman, Jennifer) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
53

MOTION to Seal Document 16 Response in Opposition to Motion, 16-7 Ex. 6, PPFA Amended Bylaws of March 29, 2008 by All Plaintiffs (Sandman, Jennifer) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
54

RESPONSE in Opposition re 52 MOTION to Expedite Defendant's Response to Motion for Class Certification filed by John Selig. (Rudofsky, Lee) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
55

MOTION to Extend Time to Respond to Plaintiffs' Class Certification Motion by John Selig (Rudofsky, Lee) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
56

MOTION for Leave to File Notice of Four Depositions of Plaintiffs by John Selig (Rudofsky, Lee) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
57

TRANSCRIPT REQUEST by John Selig re 46 Notice of Appeal (Attachments: # 1 Exhibit 1 (Email from counsel to Court Reporter requesting transcripts))(Cordi, C.) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
58

NOTICE of Hearing: TELEPHONE Status Conference set for 10/9/2015 at 01:30 PM before Judge Kristine G. Baker. (tmw) (Docket text modified on 10/8/2015 to correct the date.) (thd). (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER

NOTICE OF DOCKET CORRECTION re: 58 Notice of Hearing. CORRECTION: The docket text was modified to correct the date for the telephone status conference to 10/9/2015, as stated in the Notice. (thd)

Oct. 8, 2015

Oct. 8, 2015

PACER
59

RESPONSE to Motion re 55 MOTION to Extend Time to Respond to Plaintiffs' Class Certification Motion filed by All Plaintiffs. (Sandman, Jennifer) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
60

RESPONSE to Motion re 56 MOTION for Leave to File Notice of Four Depositions of Plaintiffs filed by All Plaintiffs. (Sandman, Jennifer) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
61

USCA Docketing Letter and Briefing Schedule as to 46 Notice of Appeal filed by John Selig. USCA Case Number 15-3271. Transcript due by 11/18/2015. (mcz) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

RECAP
62

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker:Status Conference held on 10/9/2015. After arguments from counsel, the Court took the matters under advisement. A separate written order will be entered. Present for the Plaintiffs B. Brownstein and J. Sandman; Present for the Defendants L. Rudofsky and D. Sterling. (Court Reporter Elaine Hinson.) (tmw) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
63

ORDER granting 49 motion for leave to file a second amended complaint. Signed by Judge Kristine G. Baker on 10/09/2015. (rhm) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
64

AMENDED COMPLAINT against All Defendants, filed by Planned Parenthood Arkansas & Eastern Oklahoma, Jane Does(Sandman, Jennifer) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
65

ORDER granting 53 motion to seal and directing the Clerk to seal Exhibit 6 to defendant's 16 response to plaintiffs' motion for preliminary injunction. Signed by Judge Kristine G. Baker on 10/09/2015. (rhm) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
66

ORDER denying Plaintiffs' 52 Motion to Expedite defendant John M. Selig's response to 50 Motion for Class Certification and denying 55 defendant's Motion to Extend Time to respond. Mr. Selig will have 14 days from Wednesday, October 14, 2015, to respond to plaintiffs' motion for class certification. Mr. Selig's 56 request for additional pre-certification discovery is denied. Signed by Judge Kristine G. Baker on 10/14/2015. (mcz) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
67

Transcript of Telephone Conference filed for the date of September 23, 2015, before Judge Kristine G. Baker, re 46 Notice of Appeal. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 11/2/2015. Redaction Request due 11/12/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/20/2016. (plm) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
68

Defendant's ANSWER to 64 Amended Complaint by John Selig.(Cordi, C.) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
69

MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Certify Class by John Selig (Cordi, C.) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
70

ORDER granting 69 motion for one-day extension of time to respond to plaintiff's 50 motion for class certification. Signed by Judge Kristine G. Baker on 10/26/2015. (rhm) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
71

RESPONSE in Opposition re 50 MOTION to Certify Class filed by John Selig. (Attachments: # 1 Exhibit E-mail, # 2 Exhibit Article)(Rudofsky, Lee) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
72

REPLY to Response to Motion re 50 MOTION to Certify Class filed by All Plaintiffs. (Sandman, Jennifer) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
73

Transmitted Record on Appeal to US Court of Appeals re 46 Notice of Appeal: Transcript of 9/17/2015 Hearing on Motion for TRO and Transcript of 9/23/2015 Telephone Conference. (mcz) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
74

Transcript of Telephone Conference filed for the date of October 9, 2015, before Judge Kristine G. Baker, re 46 Notice of Appeal. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 12/31/2015. Redaction Request due 1/11/2016. Redacted Transcript Deadline set for 1/21/2016. Release of Transcript Restriction set for 3/21/2016. (plm) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
75

Transmitted Record on Appeal to US Court of Appeals re 46 Notice of Appeal: Transcript of 10/9/2015 Telephone Conference. (mcz) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
76

ORDER directing the Clerk of Court to substitute Nathaniel Smith for John M. Selig as the party defendant in this action and setting a hearing on the 50 motion for class certification to be held on Thursday, 1/14/2016, at 1:30 PM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed by Judge Kristine G. Baker on 01/04/2016. (rhm) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
77

ORDER: As this Court has denied defendant's 66 request for pre-certification discovery, the Court will only hear argument at the 01/14/2016 hearing. John Selig remains the named Defendant in this case. Signed by Judge Kristine G. Baker on 01/04/2016. (rhm) (Docket text modified on 1/4/2016 to include the ruling as to Defendant John Selig.)(thd). (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER

NOTICE OF DOCKET CORRECTION re: 77 Order. CORRECTION: The docket text was modified to include the text "John Selig remains the named Defendant in this case." (thd)

Jan. 4, 2016

Jan. 4, 2016

PACER
78

AMENDED AND SUBSTITUTED ORDER: This Order is an Amended and Substituted Order for Orders 76 and 77 . The Court will conduct a hearing on 1/14/2016 at 1:30 p.m. in Courtroom 4C at the Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas. Signed by Judge Kristine G. Baker on 1/5/2016. (mcz) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
79

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 1/14/2016 re 50 MOTION to Certify Class filed by Planned Parenthood Arkansas & Eastern Oklahoma, Jane Does. After arguments from counsel, the Court took the matter under advisement. A separate order will be entered. Present for the plaintiffs Bettina Brownstein and Jennifer Sandman; Present for the defendants Lee Rudofsky, C. Joseph Cordi, Jr., Mindy Pipkin and David Sterling. (Court Reporter Elaine Hinson.) (tmw) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
80

MOTION for Leave to File Post-Hearing Supplemental Response to Plaintiffs' Motion for Class Certification by John Selig (Attachments: # 1 Document Defendants' Post-Hearing Supplemental Response to Plaintiffs' Motion for Class Certification, # 2 Exhibit Exhibit A to Defendants' Post-Hearing Supplemental Response to Plaintiffs' Motion for Class Certification)(Cordi, C.) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
81

ORDER granting defendant John M. Selig's 80 motion for leave to file a post-hearing supplemental response to plaintiffs' motion for class certification. Signed by Judge Kristine G. Baker on 1/15/2016. (ljb) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
82

RESPONSE in Opposition re 50 MOTION to Certify Class (this is a post-hearing supplemental response) filed by John Selig. (Attachments: # 1 Exhibit A to Defendant's Post-Hearing Supplemental Response to Plaintiffs' Motion for Class Certification)(Cordi, C.) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
83

MOTION to Withdraw as Attorney by All Defendants (Curran, David) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
84

Transcript of Hearing filed for dates of January 14, 2016, before Judge Kristine G. Baker, re 46 Notice of Appeal. Court Reporter - Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 2/1/2016. Redaction Request due 2/10/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/19/2016. (mcz) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
85

ORDER granting David A. Curran's 83 Motion to Withdraw as counsel for defendant John M. Selig. Signed by Judge Kristine G. Baker on 1/21/2016. (mcz) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
86

ORDER granting plaintiffs' 50 motion for class certification. Counsel for PPH and the Jane Does, Jennifer Sandman and Bettina Brownstein, are appointed as class counsel for this action. The Court directs the parties to confer to submit a proposed class notice within 10 days of the date of this Order. Signed by Judge Kristine G. Baker on 1/25/2016. (ljb) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

RECAP
87

Transmitted Record on Appeal to US Court of Appeals re 46 Notice of Appeal: Transcript of Hearing of 1/14/2016. (mcz) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
88

NOTICE of Change of Address by Jane Does, Planned Parenthood Arkansas & Eastern Oklahoma (Sandman, Jennifer) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
89

Letter from Clerk, USCA: A petition for permission to appeal has been filed and given miscellaneous case number 16-8003. No briefing schedule will be established unless the court grants the permission. (mcz) (Entered: 02/09/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
90

MOTION to Amend/Correct 86 Order on Motion to Certify Class, by All Plaintiffs (Sandman, Jennifer) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
91

BRIEF IN SUPPORT re 90 Motion to Amend/Correct Order Granting Plaintiffs' Motion for Class Certification filed by All Plaintiffs. (Sandman, Jennifer) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
92

MOTION for Leave to Appear pro hac vice by Richard Muniz. Fee $100 receipt number 0860-2795549. Filed by All Plaintiffs (Attachments: # 1 Affidavit in Support of Motion to Admit Richard Muniz Pro Hac Vice)(Sandman, Jennifer) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
93

ORDER granting 92 motion to admit Richard Muniz pro hac vice as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 02/12/2016. (rhm) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
94

RESPONSE in Opposition re 90 MOTION to Amend/Correct 86 Order on Motion to Certify Class, filed by John Selig. (Cordi, C.) (Entered: 02/15/2016)

Feb. 15, 2016

Feb. 15, 2016

PACER
95

ORDER granting 90 motion to alter or amend. The Court amends its prior 86 Order and the parties are no longer required to confer and submit a proposed class notice to this Court. Signed by Judge Kristine G. Baker on 03/03/2016. (rhm) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
96

Letter from Clerk, USCA: The petition for permission to appeal has been denied. Judgment is enclosed. Mandate shall issue forthwith. (mcz) (Entered: 03/09/2016)

March 8, 2016

March 8, 2016

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Arkansas Planned Parenthood Clinics, and Arkansas Medicaid patients receiving services from Planned Parenthood.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas Department of Human Services, State

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)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

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)

Benefit Source:

Medicaid