Case: Planned Parenthood Arizona Inc. v. Betlach

2:16-cv-02337 | U.S. District Court for the District of Arizona

Filed Date: July 14, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On July 14, 2016, two health care clinics, an Arizona obstetrician-gynecologist, and five Arizona Medicaid patients filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Health Care Containment System under 42 U.S.C. § 1983 for violations of the federal Medicaid statute and the Fourteenth Amendment of the U.S. Constitution. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from enforcing H.B…

On July 14, 2016, two health care clinics, an Arizona obstetrician-gynecologist, and five Arizona Medicaid patients filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Health Care Containment System under 42 U.S.C. § 1983 for violations of the federal Medicaid statute and the Fourteenth Amendment of the U.S. Constitution. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from enforcing H.B. 2599.

H.B. 2599 was signed into law on May 17, 2016. The Act empowered the defendant to exclude any entity that "failed to segregate taxpayer dollars from abortions, including the use of taxpayer dollars for any overhead expenses attributable to abortions" from participation in Arizona's Medicaid program.

The plaintiffs claimed that the Act violated the Medicaid Act by denying Medicaid patients their right to receive care from a willing and qualified Medicaid provider of their choice. The plaintiffs also claimed that the Act further violated the Due Process Clause of the Fourteenth Amendment because it was impermissibly vague and retaliated against abortion providers. Finally, the plaintiffs alleged that the Act violated the Equal Protection Clause of the Fourteenth Amendment by singling out health care providers who exercise their constitutionally protected right of offering abortion services.

On August 11, 2016, the defendant advised the plaintiffs that the defendant would put H.B. 2599 into effect only after the proper rulemaking process, which would likely take one to two years. The defendant would not enforce the rule until this process was complete. In response to the defendant's assurances, the plaintiff entered a stipulation of dismissal to the court on September 1, 2016. On September 7, 2016, Judge Roslyn Silver granted the dismissal without prejudice.

Summary Authors

Gabriela Hybel (3/13/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6339926/parties/planned-parenthood-arizona-incorporated-v-betlach/


Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Brody, Kathleen E. (Arizona)

Lee, Jennifer (New York)

Pasternak, Daniel Benjamin (Arizona)

Pochoda, Daniel Joseph (Arizona)

Robertson, Laura Lawless (Arizona)

Salgado, Diana O. (District of Columbia)

Zureick, Alyson (New York)

Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Brody, Kathleen E. (Arizona)

Lee, Jennifer (New York)

Pasternak, Daniel Benjamin (Arizona)

Pochoda, Daniel Joseph (Arizona)

Robertson, Laura Lawless (Arizona)

Salgado, Diana O. (District of Columbia)

Zureick, Alyson (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Planned Parenthood Arizona Incorporated v. Betlach

Sept. 7, 2016 Docket
1

Complaint for Declaratory and Injunctive Relief

Planned Parenthood Arizona Incorporated v. Betlach

July 14, 2016 Complaint
19

Order

Planned Parenthood Arizona Incorporated v. Betlach

Sept. 7, 2016 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6339926/planned-parenthood-arizona-incorporated-v-betlach/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

July 14, 2016 PACER
1

Complaint

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

July 14, 2016 PACER
2

Summons Submitted

July 14, 2016 PACER
2

Summons Submitted

July 14, 2016 PACER
3

Corporate Disclosure Statement

July 14, 2016 PACER
3

Corporate Disclosure Statement

July 14, 2016 PACER
4

New Case Opened

July 14, 2016 PACER
4

New Case Opened

July 14, 2016 PACER
5

Summons Issued

July 14, 2016 PACER
5

Summons Issued

July 14, 2016 PACER
6

Motion for Admission Pro Hac Vice

July 15, 2016 PACER
6

Motion for Admission Pro Hac Vice

July 15, 2016 PACER
7

Motion for Admission Pro Hac Vice

July 15, 2016 PACER
7

Motion for Admission Pro Hac Vice

July 15, 2016 PACER
8

Order re Rule 12(b) Motions

July 15, 2016 PACER
8

Order re Rule 12(b) Motions

July 15, 2016 PACER
9

Motion for Admission Pro Hac Vice

July 18, 2016 PACER
9

Motion for Admission Pro Hac Vice

July 18, 2016 PACER

Pro Hac Vice Fee Paid

July 19, 2016 PACER

Pro Hac Vice Fee Paid

July 19, 2016 PACER
10

Order on Motion for Admission Pro Hac Vice

July 19, 2016 PACER
10

Order on Motion for Admission Pro Hac Vice

July 19, 2016 PACER
11

Service Executed

July 20, 2016 PACER
11

Service Executed

July 20, 2016 PACER

Pro Hac Vice Fee Paid

July 26, 2016 PACER

Pro Hac Vice Fee Paid

July 26, 2016 PACER
12

Motion for Admission Pro Hac Vice

July 26, 2016 PACER
12

Motion for Admission Pro Hac Vice

July 26, 2016 PACER
13

Order on Motion for Admission Pro Hac Vice

July 26, 2016 PACER
13

Order on Motion for Admission Pro Hac Vice

July 26, 2016 PACER
14

Order on Motion for Admission Pro Hac Vice

July 29, 2016 PACER
14

Order on Motion for Admission Pro Hac Vice

July 29, 2016 PACER

Pro Hac Vice Fee Paid

Aug. 2, 2016 PACER

Pro Hac Vice Fee Paid

Aug. 2, 2016 PACER
15

Notice of Appearance/Association of Counsel

Aug. 4, 2016 PACER
15

Notice of Appearance/Association of Counsel

Aug. 4, 2016 PACER
16

Motion to Withdraw as Attorney

1 Text of Proposed Order

View on PACER

Aug. 18, 2016 PACER
16

Motion to Withdraw as Attorney

1 Text of Proposed Order

View on PACER

Aug. 18, 2016 PACER
17

Order on Motion to Withdraw as Attorney

Aug. 22, 2016 PACER
17

Order on Motion to Withdraw as Attorney

Aug. 22, 2016 PACER
18

Stipulation of Dismissal

1 Text of Proposed Order

View on PACER

Sept. 1, 2016 PACER
18

Stipulation of Dismissal

1 Text of Proposed Order

View on PACER

Sept. 1, 2016 PACER
19

Order on Stipulation

Sept. 7, 2016 PACER
19

Order on Stipulation

Sept. 7, 2016 PACER

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: July 14, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two health care clinics, one obstetrician-gynecologist, and five Arizona Medicaid patients

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Health Care Containment System, 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):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

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