Civil Rights Litigation Clearinghouse

Case: State of Washington v. Azar

1:19-cv-03040 | U.S. District Court for the Eastern District of Washington

Filed Date: March 5, 2019

Closed Date: June 11, 2021

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Case Summary

On March 5, 2019, the State of Washington filed this lawsuit in the U.S. District Court for the Eastern District of Washington against the U.S. Department of Health and Human Services (HHS) for violating the “Nondirective Mandate” contained in Title X of the Patient Protection and Affordable Care Act (ACA), Title X generally, and the Administrative Procedure Act (5 U.S.C. § 706). On March 4, 2019, HHS published a Final Rule, scheduled to go into effect on May 3, 2019, which would alter longstanding regulations governing Title X grants for family planning services. Washington sought declaratory and injunctive relief to invalidate the Final Rule and prohibit HHS from implementing or enforcing it, as well as costs and attorneys’ fees.

On March 18, 2019, this case was consolidated for pretrial proceedings with a separate case filed by the National Family Planning & Reproductive Health Association (NFPRHA; a national membership organization of Title X providers that operate or administer more than 3,500 health centers providing family planning services to more than 3.7 million patients each year), and two health care professionals, challenging the same HHS Rule on behalf of themselves and their patients. These plaintiffs were represented by the ACLU and private counsel. The original Washington case and consolidated case were assigned to Judge Stanley A. Bastian.

The plaintiffs alleged that the Rule would eliminate a Title X requirement that pregnant patients receive nondirective pregnancy counseling (“Nondirective Mandate”); deny Title X funds to entities that provide comprehensive reproductive health care services at the same clinical site (such as abortion services); and impose numerous additional requirements that would undermine the quality of medical care, interfere with provider-patience relationships, reduce access to services, and contravene Title X’s purpose. Washington alleged that the Final Rule would expel providers representing 89% of Washington’s Title X network, require a DOH program contrary to Washington Law, and result in a loss of Title X funds that would irreparably harm Washington and its most vulnerable residents by reducing the effectiveness of Washington’s family planning program and causing financial harm to State Medicaid and related programs.

Washington and the NFPRHA parties filed motions for preliminary injunctions on March 22, 2019, seeking to prohibit HHS from implementing the Final Rule. HHS filed a motion in opposition on April 12, 2019, and a motion hearing was held on April 25, 2019. After the hearing, Judge Bastian granted plaintiffs’ motion for a preliminary injunction, enjoining the Final Rule nationwide until further order of the court. 376 F.Supp.3d 1119. The decision noted that, “although Plaintiffs have met their burden of showing that all four factors [likelihood of success on the merits, irreparable harm, balance of equities, and public interest] tip in their favor, the irreparable harm and balance of equities factors tip so strongly in Plaintiffs’ favor that a strong showing of likelihood on the merits was not necessary.”

On May 3, 2019, the defendants filed a notice of appeal and motion to stay the preliminary injunction, as well as a notice of interlocutory and preliminary injunction appeal regarding the plaintiffs’ preliminary injunction. On May 4, 2019, the defendants filed a motion to expedite the hearing on their motion to stay the plaintiff’s preliminary injunction, which was denied three days later. Judge Bastian eventually denied that motion of June 3, 2019.

On May 24, 2019, the defendants filed a motion in the district court to stay proceedings pending appeal. That motion was denied on June 14, 2019.

On June 20, 2019, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a per curiam decision granting the defendants' motion to stay pending appeal. The Ninth Circuit noted that the Final Rule was challenged in federal court in California, Oregon, and Washington (this case), and district courts in each case granted plaintiffs’ preliminary injunction motions on nearly identical grounds. HHS appealed in each case and sought to stay the injunctions pending a decision of the merits of its appeals. The panel found that HHS was likely to prevail on the merits of the case, and that the remaining factors also favored a stay pending appeal.

On June 25, 2019, plaintiffs in the Oregon and Washington cases filed an emergency motion for reconsideration en banc regarding the stay. On July 3, 2019, the Ninth Circuit Court of Appeals vacated the panel decision and granted en banc review in all three cases (California, Oregon, and Washington).

Back in the district court, on October 7, 2019, the defendants filed a motion to dismiss for failure to state a claim or, in the alternative, summary judgment. In response, on November 20, the plaintiffs filed a cross motion for summary judgment.

On February 24, 2020, the Ninth Circuit vacated the district court's preliminary injunction and remanded the case for further proceedings. The Ninth Circuit held that the Final Rule's limits on Title X funds did not implicate the restrictions found in § 1554 of the ACA. In addition, the Ninth Circuit held that the Final Rule was not arbitrary and capricious. The defendants' motion for a stay pending appeal was denied as moot. 950 F.3d 1067.

On October 5, 2020, the plaintiffs filed a petition for a writ of certiorari to the U.S. Supreme Court. The Supreme Court granted the petition on February 22, 2021.

Before the Supreme Court granted the petition, on January 28, 2021, shortly after President Biden assumed office, President Biden issued a memorandum directing HHS to "review the 2019 Title X rule and . . . consider, as soon as practicable, whether to suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revisiting, or rescinding, those regulations, consistent with applicable law, including the Administrative Procedure Act."

On June 11, 2021, the parties filed a stipulated motion to dismiss the case without prejudice. The district court then dismissed the case on the same day. Accordingly, the Supreme Court also dismissed the case.

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Summary Authors

Elise Coletta (7/13/2019)

Lauren Yu (11/9/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14607604/parties/state-of-washington-v-azar/

Judge(s)

Bastian, Stanley Allen (Washington)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Fletcher, William A. (California)

Ikuta, Sandra Segal (California)

Leavy, Edward (Oregon)

Paez, Richard A. (California)

Thomas, Sidney Runyan (Montana)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Judge(s)

Bastian, Stanley Allen (Washington)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Fletcher, William A. (California)

Ikuta, Sandra Segal (California)

Leavy, Edward (Oregon)

Paez, Richard A. (California)

Thomas, Sidney Runyan (Montana)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Argentieri, Nicole (New York)

Beneski, Kristin (Washington)

Chiang, Emily (Washington)

Crisalli, Paul Michael (Washington)

Dalal, Anjali (New York)

Deutsch, Elizabeth (New York)

Ferguson, Robert W. (Washington)

Harlow, Ruth E. (New York)

Harper, Brandon (New York)

Kaye, Fiona Jeannette (New York)

Midgley, John (Washington)

Shaeffer, Joseph R. (Washington)

Sokoler, Jennifer B (New York)

Sprung, Jeffrey Todd (Washington)

Zdeb, Sara (District of Columbia)

Attorneys(s) for Defendant

Bernie, Andrew Marshall (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Merritt, Robert C (Virginia)

Other Attorney(s)

Ahrend, George (Washington)

Ard, Joel B. (District of Columbia)

Bebchick, Lisa H (New York)

Bulleit, Thomas N (District of Columbia)

Condon, Madison E (New York)

Djang, Catherine (New York)

Eagon, Haley (Massachusetts)

Flowers, Benjamin M (Ohio)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Hochschild, Adam (Illinois)

Pitlyk, Sarah Elizabeth (Missouri)

Richards, Daniel (California)

Schwartz, Jason A (New York)

Washburn, Taylor (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:19-cv-03040	[Docket] State of Washington v. Azar et al	June 2, 2021	June 2, 2021 Docket
1 1:19-cv-03040	Complaint	March 5, 2019	March 5, 2019 Complaint
8 1:19-cv-03040	Order Granting Motion to Consolidate: Motion to Expedite; And Setting Briefing Schedule State of Washington v. Azar et al	March 18, 2019	March 18, 2019 Order/Opinion
54 1:19-cv-03040	Order Granting Plaintiff's Motion for Preliminary Injunction State of Washington v. Azar et al 376 F.Supp.3d 1119	April 25, 2019	April 25, 2019 Order/Opinion
82 1:19-cv-03040	Order Denying Motion to Stay Preliminary Injunction Pending Appeal State of Washington v. Azar et al	June 3, 2019	June 3, 2019 Order/Opinion
86 1:19-cv-03040	Order Denying Defendants' Motion to Stay Proceedings Pending Appeal	June 14, 2019	June 14, 2019 Order/Opinion
87 1:19-cv-03040	Order on Motions For Stay Pending an Appeal U. S. Court of Appeals for the Ninth Circuit 927 F.3d 1068	June 20, 2019	June 20, 2019 Order/Opinion
90 1:19-cv-03040	Order State of Washington v. Azar et al U. S. Court of Appeals for the Ninth Circuit	June 25, 2019	June 25, 2019 Order/Opinion
92 1:19-cv-03040	Order State of Washington v. Azar et al U. S. Court of Appeals for the Ninth Circuit 927 F.3d 1045	July 3, 2019	July 3, 2019 Order/Opinion
93 1:19-cv-03040	Order State of Washington v. Azar et al U. S. Court of Appeals for the Ninth Circuit 928 F.3d 1153, 2019 WL 3023150	July 11, 2019	July 11, 2019 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
National Family Planning and Reproductive Health Association v. Azar ACLU of Washington	On March 7th, 2019 the ACLU filed a complaint on behalf the Nation Family Planning and Reproductive Health Association and Cedar River Clinics challenging the Trump administration’s attempt to fundam…	June 28, 2019	June 28, 2019 https://www.aclu-wa.org/...
American Medical Association v. Becerra SCOTUSBlog	Issues: (1) Whether the Department of Health and Human Services' rule for the Title X family planning program — which prohibits and compels certain pregnancy-related speech between a Title X provider…	May 17, 2021	May 17, 2021 https://www.scotusblog.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14607604/state-of-washington-v-azar/

Last updated Aug. 9, 2022, 3:16 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400; Receipt # 0980-3107729) Filed by State of Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Exhibit Exhibit A)(Sprung, Jeffrey) (Entered: 03/05/2019) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Exhibit Exhibit A View on PACER	March 5, 2019	March 5, 2019 RECAP
	Notice of Judge Assignment	March 5, 2019	March 5, 2019 PACER
	Notice of Judge Assignment. Judge Stanley A Bastian assigned to case. (LR, Case Administrator)	March 5, 2019	March 5, 2019 PACER
2	Summons Issued as to Alex M Azar, II. (Attachments: # 1 Summons Issued as to U.S. Department of Health and Human Services)(LR, Case Administrator) (Entered: 03/05/2019) 1 Summons Issued as to U.S. Department of Health and Human Services View on PACER	March 5, 2019	March 5, 2019 PACER
3	CERTIFICATE OF SERVICE as to 1 Complaint, filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 PACER
4	NOTICE of Appearance by Andrew Marshall Bernie on behalf of All Defendants (Attorney Andrew Marshall Bernie added to party Alex M Azar, II(pty:dft), Attorney Andrew Marshall Bernie added to party United States Department of Health and Human Services(pty:dft))(Bernie, Andrew) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 PACER
5	NOTICE of Appearance by Bradley P Humphreys on behalf of Alex M Azar, II, United States Department of Health and Human Services (Attorney Bradley P Humphreys added to party Alex M Azar, II(pty:dft), Attorney Bradley P Humphreys added to party United States Department of Health and Human Services(pty:dft))(Humphreys, Bradley) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 PACER
6	Joint MOTION to Expedite and Set Briefing Schedule on Motions for Preliminary Injunction by State of Washington. Motion Hearing set for 3/20/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Proposed Order)(Sprung, Jeffrey) (Entered: 03/18/2019) 1 Proposed Order View on PACER	March 18, 2019	March 18, 2019 PACER
7	Unopposed MOTION to Consolidate Cases for Pretrial Proceedings by State of Washington. Motion Hearing set for 3/20/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Proposed Order)(Sprung, Jeffrey) (Entered: 03/18/2019) 1 Proposed Order View on PACER	March 18, 2019	March 18, 2019 PACER
8	Order Granting 7 Motion to Consolidate; 6 Motion to Expedite, and Setting Briefing Schedule. In Court Hearing on Plaintiffs' Motions for Preliminary Injunction set for 4/25/2019 at 10:00 AM in Yakima, Courtroom 203. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 RECAP
9	MOTION for Preliminary Injunction by State of Washington. Motion Hearing set for 4/25/2019 at 10:00 AM in Yakima Courtroom 203 before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sprung, Jeffrey) (Entered: 03/22/2019) 1 Text of Proposed Order Proposed Order View on PACER	March 22, 2019	March 22, 2019 RECAP
10	DECLARATION by Karl Eastlund in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
11	DECLARATION by Cynthia Harris in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Sprung, Jeffrey) (Entered: 03/22/2019) 1 Exhibit Exhibit 1 View on PACER 2 Exhibit Exhibit 2 View on PACER	March 22, 2019	March 22, 2019 PACER
12	DECLARATION by Anuj Khattar, M.D. in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
13	DECLARATION by Dr. Judy Kimelman in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Sprung, Jeffrey) (Entered: 03/22/2019) 1 Exhibit Exhibit 1 View on PACER 2 Exhibit Exhibit 2 View on PACER 3 Exhibit Exhibit 3 View on PACER 4 Exhibit Exhibit 4 View on PACER 5 Exhibit Exhibit 5 View on PACER	March 22, 2019	March 22, 2019 PACER
14	DECLARATION by Bob Marsalli in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
15	DECLARATION by David Schumacher in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
16	DECLARATION by Dr. Judy Zerzan-Thul in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
17	DECLARATION by Kristin Beneski in Support re 9 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit Exhibit 1a-1t, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Sprung, Jeffrey) (Entered: 03/22/2019) 1 Exhibit Exhibit 1a-1t View on PACER 2 Exhibit Exhibit 2 View on PACER 3 Exhibit Exhibit 3 View on PACER 4 Exhibit Exhibit 4 View on PACER 5 Exhibit Exhibit 5 View on PACER 6 Exhibit Exhibit 6 View on PACER 7 Exhibit Exhibit 7 View on PACER	March 22, 2019	March 22, 2019 PACER
18	MOTION for Preliminary Injunction by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. Motion Hearing set for 4/25/2019 at 10:00 AM in Yakima Courtroom 203 before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Chiang, Emily) (Entered: 03/22/2019) 1 Text of Proposed Order View on PACER	March 22, 2019	March 22, 2019 RECAP
19	DECLARATION by Clare Coleman in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Attachments: # 1 Exhibit, # 2 Exhibit)(Chiang, Emily) Modified on 4/10/2019 See Corrected Declaration filed at ECF No. 39 (LR, Case Administrator). (Entered: 03/22/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER	March 22, 2019	March 22, 2019 PACER
20	DECLARATION by Dr. Kathryn Kost in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
21	DECLARATION by Connie Cantrell in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
22	DECLARATION by Kristin A. Adams, Ph.D. in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
23	DECLARATION by J. Elisabeth Kruse, M.S., C.N.M., A.R.N.P. in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
24	DECLARATION by Tessa Madden, M.D., M.P.H. in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Attachments: # 1 Exhibit)(Chiang, Emily) (Entered: 03/22/2019) 1 Exhibit View on PACER	March 22, 2019	March 22, 2019 PACER
25	DECLARATION by Heather Maisen in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
26	DECLARATION by Sarah Prager, M.D., M.A.S. in Support re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Attachments: # 1 Exhibit)(Chiang, Emily) (Entered: 03/22/2019) 1 Exhibit View on PACER	March 22, 2019	March 22, 2019 PACER
27	NOTICE of Appearance by Taylor Washburn on behalf of American College of Obstetricians and Gynecologists, American Academy of Pediatrics, American College of Physicians, Society for Maternal-Fetal Medicine, Society for Adolescent Health Medicine (Washburn, Taylor) (Entered: 04/09/2019)	April 9, 2019	April 9, 2019 PACER
28	MOTION to Appear Pro Hac Vice re Attorney: Daniel W. Richards. Filing fee $ 200, receipt number 0980-3136848. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
29	MOTION to Appear Pro Hac Vice re Attorney: Catherine J. Djang. Filing fee $ 200, receipt number 0980-3136977. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
30	MOTION to Appear Pro Hac Vice re Attorney: Douglas H. Hallward-Driemeier. Filing fee $ 200, receipt number 0980-3136991. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
31	MOTION to Appear Pro Hac Vice re Attorney: Haley Eagon. Filing fee $ 200, receipt number 0980-3137010. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
32	MOTION to Appear Pro Hac Vice re Attorney: Lisa H. Bebchick. Filing fee $ 200, receipt number 0980-3137027. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
33	MOTION to Appear Pro Hac Vice re Attorney: Thomas N. Bulleit. Filing fee $ 200, receipt number 0980-3137043. by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
34	Unopposed MOTION for Leave to File Amicus Brief by American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, Society for Maternal-Fetal Medicine. Motion Hearing set for 5/9/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit A, # 2 (Proposed Order))(Washburn, Taylor) (Entered: 04/09/2019) 1 Exhibit A View on PACER 2 (Proposed Order) View on PACER	April 9, 2019	April 9, 2019 PACER
35	NOTICE of Appearance by Taylor Washburn on behalf of Institute of Policy Integrity at New York University School of Law (Washburn, Taylor) (Entered: 04/10/2019)	April 10, 2019	April 10, 2019 PACER
36	MOTION to Appear Pro Hac Vice re Attorney: Madison Condon. Filing fee $ 200, receipt number 0980-3137606. by Institute of Policy Integrity at New York University School of Law. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/10/2019) 1 (Proposed Order) View on PACER	April 10, 2019	April 10, 2019 PACER
37	MOTION to Appear Pro Hac Vice re Attorney: Jason A. Schwartz. Filing fee $ 200, receipt number 0980-3137614. by Institute of Policy Integrity at New York University School of Law. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 (Proposed Order))(Washburn, Taylor) (Entered: 04/10/2019) 1 (Proposed Order) View on PACER	April 10, 2019	April 10, 2019 PACER
38	Unopposed MOTION for Leave to File Amicus Brief by Institute of Policy Integrity at New York University School of Law. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit A, # 2 (Proposed Order))(Washburn, Taylor) (Entered: 04/10/2019) 1 Exhibit A View on PACER 2 (Proposed Order) View on PACER	April 10, 2019	April 10, 2019 PACER
39	DECLARATION of Clare Coleman Corrected re 19 Declaration in Support of Motion, by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 04/10/2019)	April 10, 2019	April 10, 2019 PACER
40	ORDER GRANTING 34 MOTION FOR LEAVE TO FILE PROPOSED BRIEF OF AMICI CURIAE; GRANTING 28, 29, 30, 31, 32 AND 33 PRO HAC VICE MOTIONS. Added Attorneys Daniel W Richards, Catherine J Djang, Douglas H Hallward-Driemeier, Haley Eagon, Lisa H Bebchick, and Thomas N Bulleit for American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, Society for Adolescent Health Medicine, and Society for Maternal-Fetal Medicine. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 04/10/2019)	April 10, 2019	April 10, 2019 PACER
41	ORDER GRANTING 38 UNOPPOSED MOTION FOR LEAVE TO FILE PROPOSED BRIEF OF AMICI CURIAE; GRANTING 36 AND 37 PRO HAC VICE MOTIONS. Added Attorneys Madison Condon and Jason A Schwartz for Institute of Policy Integrity at New York University School of Law. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 04/10/2019)	April 10, 2019	April 10, 2019 PACER
42	MOTION to Appear Pro Hac Vice re Attorney: Benjamin M. Flowers. Filing fee $ 200, receipt number 0980-3140006. by State of Ohio. Motion Hearing set for 5/13/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Ard, Joel) (Entered: 04/12/2019) 1 Text of Proposed Order View on PACER	April 12, 2019	April 12, 2019 PACER
43	MOTION for Leave to File Amicus Brief by State of Ohio. Motion Hearing set for 5/13/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Ard, Joel) (Entered: 04/12/2019) 1 Exhibit View on PACER 2 Text of Proposed Order View on PACER	April 12, 2019	April 12, 2019 PACER
44	MEMORANDUM in Opposition re 18 MOTION for Preliminary Injunction, 9 MOTION for Preliminary Injunction filed by All Defendants. (Humphreys, Bradley) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 RECAP
45	The Amici States' Motion for Leave to File Amicus Brief, ECF No. 43, is GRANTED. The Amici States' Motion for Admission Pro Hac Vice, ECF No. 42, is GRANTED. Benjamin Flower is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), the States' Amici local counsel of record, Joel Ard, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in the case. Signed by Judge Stanley A Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (TR, Case Administrator) (Entered: 04/15/2019)	April 15, 2019	April 15, 2019 PACER
	Order on Motion for Leave to File	April 15, 2019	April 15, 2019 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 15, 2019	April 15, 2019 PACER
46	MOTION to Appear Pro Hac Vice re Attorney: Sarah E. Pitlyk. Filing fee $ 200, receipt number 0980-3142498. by Susan B. Anthony List. Motion Hearing set for 5/23/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order proposed Order)(Ahrend, George) (Entered: 04/16/2019) 1 Text of Proposed Order proposed Order View on PACER	April 16, 2019	April 16, 2019 PACER
	Order on Motion for Leave to File	April 16, 2019	April 16, 2019 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 16, 2019	April 16, 2019 PACER
47	MOTION to Appear Pro Hac Vice re Attorney: Adam S. Hochschild. Filing fee $ 200, receipt number 0980-3142517. by Susan B. Anthony List. Motion Hearing set for 5/23/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order proposed Order)(Ahrend, George) (Entered: 04/16/2019) 1 Text of Proposed Order proposed Order View on PACER	April 16, 2019	April 16, 2019 PACER
48	MOTION for Leave to File Amicus Curiae Brief by Susan B. Anthony List. Motion Hearing set for 5/23/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 proposed Amicus Curiae Brief, # 2 Text of Proposed Order proposed Order)(Ahrend, George) (Entered: 04/16/2019) 1 proposed Amicus Curiae Brief View on RECAP 2 Text of Proposed Order proposed Order View on PACER	April 16, 2019	April 16, 2019 PACER
49	TEXT ORDER: Susan B. Anthony List's Unopposed Motion for Leave to File Brief of Amicus Curiae in Support of Defendants, ECF No. 48, is GRANTED. The Applications for Leave to Appear Pro Hac Vice for Sarah E. Pitlyk, ECF No. 46, and Adam Hochschild, ECF No. 47, are GRANTED. Sarah E. Pitlyk and Adam Hochschild are hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Susan B. Anthony List's local counsel of record, George M. Ahrend, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. Signed by Judge Stanley A Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LR, Case Administrator) (Entered: 04/16/2019)	April 16, 2019	April 16, 2019 PACER
50	SUMMONS Returned Executed by Deborah Oyer, Feminist Women's Health Center, National Family Planning & Reproductive Health Association, Teresa Gall re Alex M Azar, II, Diane Foley, United States Department of Health and Human Services. (Shaeffer, Joseph) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 PACER
51	REPLY MEMORANDUM re 18 MOTION for Preliminary Injunction filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 04/19/2019)	April 19, 2019	April 19, 2019 PACER
52	REPLY MEMORANDUM re 9 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 04/19/2019)	April 19, 2019	April 19, 2019 RECAP
53	Minute Entry for proceedings held before Judge Stanley A Bastian: Motion Hearing held on 4/25/2019 re 18 MOTION for Preliminary Injunction filed by Deborah Oyer, Teresa Gall, Feminist Women's Health Center, National Family Planning & Reproductive Health Association, 9 MOTION for Preliminary Injunction filed by State of Washington. (Reported/Recorded by: Lynette F. Walters) (EC, Courtroom Deputy) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
54	ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION, granting 18 Motion for Preliminary Injunction; granting 9 Motion for Preliminary Injunction. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 RECAP
55	NOTICE by All Defendants (Attachments: # 1 Exhibit)(Humphreys, Bradley) (Entered: 05/02/2019) 1 Exhibit View on PACER	May 2, 2019	May 2, 2019 PACER
56	NOTICE OF TELEPHONIC SCHEDULING CONFERENCE:A Telephonic Scheduling Conference has been set for 5/23/2019 at 10:00 a.m. via Teleconference before Judge Stanley A Bastian. Participants should plan to call the Court Conference line: 1-888-636-3807 / Access code: 8839796 (No security code) five minutes before the conference. (Attachments: # 1 Consent to Magistrate)(EC, Courtroom Deputy) (Entered: 05/03/2019) 1 Consent to Magistrate View on PACER	May 3, 2019	May 3, 2019 PACER
57	LODGED NOTICE OF APPEAL from District Court decision as to 54 Order on Motion for Preliminary Injunction, by All Defendants. Filing fee $ 505, receipt number WAIVED. (Humphreys, Bradley) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 RECAP
58	MOTION to Stay re 54 Order on Motion for Preliminary Injunction, by All Defendants. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/03/2019) 1 Affidavit View on PACER 2 Text of Proposed Order View on PACER	May 3, 2019	May 3, 2019 PACER
61	NOTICE OF INTERLOCUTORY AND PRELIMINARY INJUNCTION APPEAL as to 54 Order on Motion for Preliminary Injunction, by All Defendants. cc: Court Reporter: Lynette Walters. (LR, Case Administrator) Modified on 5/6/2019 9CCA Case No. 19-35394 (LR, Case Administrator). (Entered: 05/06/2019)	May 3, 2019	May 3, 2019 PACER
59	MOTION to Expedite Hearing on Motion for Stay of Preliminary Injunction by All Defendants. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/04/2019) 1 Text of Proposed Order View on PACER	May 4, 2019	May 4, 2019 PACER
60	Errata filed by All Defendants : Re 58 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, . (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/04/2019) 1 Affidavit View on PACER 2 Text of Proposed Order View on PACER	May 4, 2019	May 4, 2019 PACER
62	9CCA Payment Notification form re 61 Notice of Interlocutory and Preliminary Injunction Appeal. Fee Waived. (LR, Case Administrator) (Entered: 05/06/2019)	May 6, 2019	May 6, 2019 PACER
63	Letter from Appeal Deputy Clerk to Andrew Marshall Bernie and Bradley P Humphreys dated 5/6/2019. (Attachments: # 1 Notice of Appeal, # 2 Public Docket Sheet)(LR, Case Administrator) (Entered: 05/06/2019) 1 Notice of Appeal View on PACER 2 Public Docket Sheet View on PACER	May 6, 2019	May 6, 2019 RECAP
64	9CCA Appeal Case Number 19-35394 for 61 Notice of Interlocutory and Preliminary Injunction Appeal filed 5/3/2019. (LR, Case Administrator) (Entered: 05/06/2019)	May 6, 2019	May 6, 2019 PACER
65	RESPONSE to Motion re 59 MOTION to Expedite Hearing on Motion for Stay of Preliminary Injunction filed by All Plaintiffs. (Sprung, Jeffrey) (Entered: 05/06/2019)	May 6, 2019	May 6, 2019 RECAP
66	TEXT ORDER: Defendants' Motion to Expedite, ECF No. 59, is DENIED. The hearing set for May 10, 2019 on Defendant's Motion to Stay, ECF No. 58, is continued to May 23, 2019. The deadline for filing Plaintiffs' response to Defendant's Motion to Stay is May 17, 2019. The deadline for any reply is May 22, 2019. Signed by Judge Stanley A Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LR, Case Administrator) (Entered: 05/07/2019)	May 7, 2019	May 7, 2019 PACER
	~Util - Terminate Motions	May 7, 2019	May 7, 2019 PACER
	~Util - Set/Reset Motion Hearing	May 7, 2019	May 7, 2019 PACER
	Order	May 7, 2019	May 7, 2019 PACER
67	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on April 25, 2019 in Yakima, Washington before Judge Stanley A Bastian. Page Numbers: 1-105 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Lynette F. Walters at 509-573-6613 or Lynette_Walters@waed.uscourts.gov. Redaction Request due 5/29/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/6/2019. (Walters, Lynette) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
68	NOTICE of Appearance by Robert C Merritt on behalf of All Defendants (Attorney Robert C Merritt added to party Alex M Azar, II(pty:dft), Attorney Robert C Merritt added to party Diane Foley(pty:dft), Attorney Robert C Merritt added to party Office of Population Affairs(pty:dft), Attorney Robert C Merritt added to party United States Department of Health and Human Services(pty:dft))(Merritt, Robert) (Entered: 05/09/2019)	May 9, 2019	May 9, 2019 PACER
	Order on Motion for Extension of Time to Answer	May 9, 2019	May 9, 2019 PACER
69	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiffs' Complaints by All Defendants. Motion Hearing set for 5/10/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 05/09/2019) 1 Text of Proposed Order View on PACER	May 9, 2019	May 9, 2019 PACER
70	TEXT ORDER: Defendants' Unopposed Motion for Extension of Time to Respond to Complaints and for Expedited Consideration, ECF No. 69, is GRANTED. The deadline for responding to Plaintiffs' complaints is extended to June 24, 2019. Signed by Judge Stanley A Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LR, Case Administrator) (Entered: 05/09/2019)	May 9, 2019	May 9, 2019 PACER
71	Joint Certificate Pursuant to Rule 26 / Rule 16 and Proposed Discovery Plan by All Plaintiffs. (Sprung, Jeffrey) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 PACER
72	RESPONSE to Motion re 58 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, filed by State of Washington. (Beneski, Kristin) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019 PACER
73	MEMORANDUM in Opposition re 58 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019 PACER
74	NOTICE OF CHANGE OF TIME RE: SCHEDULING CONFERENCE - Text entry;no PDF document: The Telephonic Scheduling Conference set for 5/23/2019 at 10:00 a.m. has been reset for 10:15 a.m. via Teleconference before Judge Stanley A Bastian. Participants should plan to call the Court Conference line: 1-888-636-3807 / Access code: 8839796 (No security code) five minutes before the conference. (CHANGE OF TIME ONLY)(ES, Courtroom Deputy) (Entered: 05/20/2019)	May 20, 2019	May 20, 2019 PACER
	Scheduling Conference Notice	May 20, 2019	May 20, 2019 PACER
75	REPLY MEMORANDUM re 58 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, filed by All Defendants. (Humphreys, Bradley) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019 PACER
76	SUMMONS Returned Executed by Deborah Oyer, Feminist Women's Health Center, National Family Planning & Reproductive Health Association, Teresa Gall re Office of Population Affairs. (Shaeffer, Joseph) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019 PACER
77	Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 5/23/2019. (Reported/Recorded by: None) (ES, Courtroom Deputy) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
	Notice of Hearing - By Court	May 23, 2019	May 23, 2019 PACER
78	NOTICE OF TELEPHONIC STATUS CONFERENCE - Text entry;no PDF document. - By Court: A Telephonic Status Conference has been set for 8/1/2019 at 10:00 a.m. (PST) via Teleconference before Judge Stanley A Bastian. Participants should plan to call the Court Conference line: 1-888-636-3807 / Access code: 8839796 (No security code) five minutes before the conference. (ES, Courtroom Deputy) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
79	MOTION to Stay Proceedings Pending Appeal by All Defendants. Motion Hearing set for 6/24/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 05/24/2019) 1 Text of Proposed Order View on PACER	May 24, 2019	May 24, 2019 PACER
80	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiffs' Complaints by All Defendants. Motion Hearing set for 6/24/2019 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 05/24/2019) 1 Text of Proposed Order View on PACER	May 24, 2019	May 24, 2019 PACER
81	ORDER SETTING TELEPHONIC STATUS CONFERENCE - Telephonic Status Conference set for 8/1/2019 at 10:00 AM via Teleconference before Judge Stanley A Bastian. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
82	ORDER DENYING 58 DEFENDANTS' MOTION TO STAY PRELIMINARY INJUNCTION PENDING APPEAL. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 06/03/2019)	June 3, 2019	June 3, 2019 RECAP
83	RESPONSE to Motion re 79 MOTION to Stay Proceedings Pending Appeal Opposition filed by Feminist Women's Health Center, Teresa Gall, National Family Planning & Reproductive Health Association, Deborah Oyer. (Chiang, Emily) (Entered: 06/07/2019)	June 7, 2019	June 7, 2019 RECAP
84	RESPONSE to Motion re 79 MOTION to Stay Proceedings Pending Appeal filed by State of Washington. (Beneski, Kristin) (Entered: 06/07/2019)	June 7, 2019	June 7, 2019 RECAP
85	NOTICE by All Defendants (Attachments: # 1 Exhibit)(Bernie, Andrew) (Entered: 06/13/2019) 1 Exhibit View on PACER	June 13, 2019	June 13, 2019 PACER
86	ORDER DENYING 79 DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING APPEAL, and granting 80 Defendants' Unopposed Motion for Extension of Time to Respond to Complaints. Signed by Judge Stanley A Bastian. (LR, Case Administrator) (Entered: 06/14/2019)	June 14, 2019	June 14, 2019 PACER
87	COPY OF 9CCA ORDER as to 61 Notice of Appeal. The motion for a stay pending appeal is GRANTED. 9CCA: 19-35394. (LR, Case Administrator) (Entered: 06/20/2019)	June 20, 2019	June 20, 2019 RECAP
88	NOTICE by Alex M Azar, II, Diane Foley, Office of Population Affairs, United States Department of Health and Human Services re Administrative Record (Humphreys, Bradley) (Entered: 06/24/2019)	June 24, 2019	June 24, 2019 PACER

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Case Details

State / Territory: Washington

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 5, 2019

Closing Date: June 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Washington, National Family Planning & Reproductive Health Association (NFPRHA; a national membership organization of Title X providers that operate or administer more than 3,500 health centers providing family planning services to more than 3.7 million patients each year), a Washington-based NFPRHA member organization, and two health care professionals.

Plaintiff Type(s):

Non-profit NON-religious organization

State Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services, Federal