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: Sept. 7, 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.

On May 18, 2023, the parties filed a joint stipulation of non-enforcement. The defendants stated that there was an urgent need to issue emergency rules pursuant to H.B. 2599 in order to address providers engaging in unlawful activity. The parties agreed that these emergency rules cannot immediately be enforced against plaintiffs until final rules, that have a 60-day effective day period, are established. On January 5, 2024, the court granted the stipulation of non-enforcement, extending the non-enforcement period.

As of January 2025, this case remains open for enforcement of the courts' non-enforcement order, but there has been no activity on the docket since January 2024.

Summary Authors

Gabriela Hybel (3/13/2017)

Renuka Wagh (1/2/2025)

People

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


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Documents in the Clearinghouse

Document

2:16-cv-02337

Docket [PACER]

Planned Parenthood Arizona Incorporated v. Betlach

Sept. 7, 2016

Sept. 7, 2016

Docket
1

2:16-cv-02337

Complaint for Declaratory and Injunctive Relief

Planned Parenthood Arizona Incorporated v. Betlach

July 14, 2016

July 14, 2016

Complaint
19

2:16-cv-02337

Order

Planned Parenthood Arizona Incorporated v. Betlach

Sept. 7, 2016

Sept. 7, 2016

Order/Opinion
22

2:16-cv-02337

Joint Stipulation of Non-Enforcement

May 18, 2023

May 18, 2023

Settlement Agreement
22

2:16-cv-02337

Joint Stipulation of Nonenforcement

May 18, 2023

May 18, 2023

Settlement Agreement
26

2:16-cv-02337

Order on Stipulation

Jan. 5, 2024

Jan. 5, 2024

Order/Opinion

Docket

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

Last updated Feb. 6, 2025, 5:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13175472 filed by Eric Reuss, Planned Parenthood Arizona Incorporated, DeShawn Taylor, Desert Star Family Planning LLC, Unknown Parties. (Submitted by Laura Robertson) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(LAD) (Entered: 07/14/2016)

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

July 14, 2016

July 14, 2016

Clearinghouse
2

SUMMONS Submitted by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties. (Submitted by Laura Robertson) (LAD) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
3

Corporate Disclosure Statement by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties. (LAD) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
4

Filing fee paid, receipt number 0970-13175472. This case has been assigned to the Honorable Roslyn O Silver. All future pleadings or documents should bear the correct case number: CV-16-02337-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LAD) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
5

Summons Issued as to Thomas Betlach. (LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
6

MOTION for Admission Pro Hac Vice as to attorney Brigitte A Amiri by Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor, Unknown Parties. (Amiri, Brigitte) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
7

MOTION for Admission Pro Hac Vice as to attorney Jennifer K Lee by Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor, Unknown Parties. (Lee, Jennifer) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
8

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Senior Judge Roslyn O. Silver on 7/15/16. (CLB) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Diana Salgado by Planned Parenthood Arizona Incorporated. (Salgado, Diana) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX174146 as to Brigitte Amiri, Diana Salgado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 19, 2016

July 19, 2016

PACER

Pro Hac Vice Fee Paid

July 19, 2016

July 19, 2016

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX174147 as to Jennifer Lee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 19, 2016

July 19, 2016

PACER
10

ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice; granting 7 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
11

SERVICE EXECUTED filed by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties, Unknown Party: Acceptance of Service re: Complaint, Summons, Plaintiffs' Corporate Disclosure Agreements, Notice of Availability of US Magistrate Judge to Exercise Jurisdiction, Court's July 15, 2016 Order concerning Rule 12 motions upon Matthew J. Devlin on behalf of Defendant Thomas Betlach on 07/20/2016. (Lee, Jennifer) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
12

MOTION for Admission Pro Hac Vice as to attorney Alyson Zureick on behalf of plaintiffs Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties, and Unknown Party. (BAS) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER

Pro Hac Vice Fee Paid

July 26, 2016

July 26, 2016

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX174380 as to Alyson Zureick. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 26, 2016

July 26, 2016

PACER
13

ORDER pursuant to General Order 09-08 granting 12 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
14

ORDER pursuant to General Order 09-08 granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER

Pro Hac Vice Fee Paid

Aug. 2, 2016

Aug. 2, 2016

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX174674 as to Diana Salgado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 2, 2016

Aug. 2, 2016

PACER
15

NOTICE of Appearance by Kathleen E Brody on behalf of Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor, Unknown Party. (Brody, Kathleen) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
16

MOTION to Withdraw as Attorney Alyson Zureick by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties, Unknown Party. (Attachments: # 1 Text of Proposed Order)(Zureick, Alyson) (Entered: 08/18/2016)

1 Text of Proposed Order

View on PACER

Aug. 18, 2016

Aug. 18, 2016

PACER
17

ORDER granting 16 Motion to Withdraw as Attorney. Attorney Alyson Zureickis withdrawn as counsel in this action. Signed by Senior Judge Roslyn O. Silver on 8/22/16.(CLB) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
18

STIPULATION of Dismissal without Prejudice and Agreement of Nonenforcement by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties, Unknown Party. (Attachments: # 1 Text of Proposed Order)(Lee, Jennifer) (Entered: 09/01/2016)

1 Text of Proposed Order

View on PACER

Sept. 1, 2016

Sept. 1, 2016

PACER
19

ORDER granting 18 Stipulation of Dismissal. This case is dismissed without prejudice. See PDF for details. Signed by Senior Judge Roslyn O Silver on 9/6/16. (DXD) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

Clearinghouse
20

NOTICE of Appearance by Jathan Paul McLaughlin on behalf of Thomas Betlach. (McLaughlin, Jathan) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

RECAP
21

NOTICE of Appearance by Jared G Keenan on behalf of Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Unknown Parties, Unknown Party. (Keenan, Jared) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

RECAP
22

STIPULATION Joint Stipulation of Non-Enforcement by Thomas Betlach. (Attachments: # 1 Proposed Order Proposed Order)(McLaughlin, Jathan) (Entered: 05/18/2023)

1 Proposed Order Proposed Order

View on RECAP

May 18, 2023

May 18, 2023

Clearinghouse
23

ORDER - IT IS ORDERED the Joint Stipulation of Non-Enforcement (Doc. 22 ) is GRANTED. (See document for complete details). Signed by Senior Judge Roslyn O Silver on 5/19/2023. (SLQ) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

RECAP
24

STIPULATION by Thomas Betlach. (McLaughlin, Jathan) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
25

NOTICE re: Lodging Proposed Form of Order by Thomas Betlach re: 24 Stipulation . (Attachments: # 1 Proposed Order Proposed Order)(McLaughlin, Jathan) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
26

ORDER granting 24 Joint Stipulation of Non-Enforcement. See attached document for complete details. Signed by Senior Judge Roslyn O Silver on 1/5/2024. (RMV) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Planned Parenthood Medicaid Litigation

Multi-LexSum (in sample)

Key Dates

Filing Date: July 14, 2016

Closing Date: Sept. 7, 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

Facility Type(s):

Non-government non-profit

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues