Case: Planned Parenthood Center for Choice v. Abbott

1:20-cv-00323 | U.S. District Court for the Western District of Texas

Filed Date: March 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On March 25, 2020, Planned Parenthood filed this suit challenging Texas Attorney General Ken Paxton's interpretation of Governor Greg Abbott’s Executive Order. The Attorney General singled out abortion providers and suggested that he believed the provision of nonemergency abortions would violate the Executive Order. On March 30, 2020, the district court issued an order granting plaintiffs' motion for a temporary restraining order, but the Fifth Circuit temporarily stayed the d…

COVID-19 Summary: On March 25, 2020, Planned Parenthood filed this suit challenging Texas Attorney General Ken Paxton's interpretation of Governor Greg Abbott’s Executive Order. The Attorney General singled out abortion providers and suggested that he believed the provision of nonemergency abortions would violate the Executive Order. On March 30, 2020, the district court issued an order granting plaintiffs' motion for a temporary restraining order, but the Fifth Circuit temporarily stayed the district court's order. On April 20, 2020, the Fifth Circuit Court of Appeals directed the district court to partially vacate the temporary restraining order and the plaintiffs withdrew their motion for preliminary injunction on April 23. On June 24, the parties submitted a joint stipulation in which the plaintiffs agreed not to seek attorney’s fees other costs or expenses from the defendant, and the defendant agreed not to enforce the March 22 Executive Order until a final non-appealable judgment has been made.


On March 25, 2020, Planned Parenthood and other Texas abortion providers brought this suit under 42 U.S.C. § 1983 seeking declaratory and injunctive relief in the Western District of Texas. Represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, and the Lawyering Project, the plaintiffs challenged the Texas Attorney General Ken Paxton's interpretation of Governor Greg Abbott’s March 22, 2020, Executive Order GA 09, “Relating to hospital capacity during the COVID-19 disaster” (“the Executive Order”), as applied to abortion. Further, to the extent that the Texas Attorney General's interpretation is consistent with the Executive Order, plaintiffs challenged the order itself. The plaintiffs also challenged the Texas Medical Board’s emergency amendment to 22 TAC § 187.57 (“Emergency Rule”), which imposes the same requirements as the Executive Order.

Citing the ongoing COVID-19 pandemic and the need to preserve hospital capacity and personal protective equipment, the Executive Order prohibits all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate receipt of such care would be at risk for serious adverse medical consequences or death. On March 23, 2020, Attorney General Paxton issued a press release singling out abortion providers and suggesting that he believed the provision of nonemergency abortions would violate the Executive Order. The release stated that “[t]hose who violate the governor’s order will be met with the full force of the law” and threatened criminal penalties, including jail time. The plaintiffs alleged that by stating that the Executive Order applies to “any type of abortion,” the Attorney General’s news release suggested it also prohibits medication abortion, which involves taking medications orally.

The plaintiffs alleged constitutional equal protection and substantive due process violations. First, the plaintiffs claimed that by banning all non-emergency abortion prior to viability, or alternatively by banning non-emergency abortion after ten weeks of pregnancy and allowing no exception for patients prior to ten weeks of pregnancy, the Executive Order and corresponding Attorney General interpretation and the Emergency Rule, as applied to abortion, violate substantive due process. Second, the plaintiffs claimed that by selectively burdening patients’ fundamental right to abortion without justification, and by singling abortion providers and their patients out for differential treatment from providers of other medical services and their patients, the Executive Order and corresponding Attorney General interpretation and the Emergency Rule, as applied to abortion, violate the equal protection clause of the U.S. Constitution. The plaintiffs sought immediate issuance of a temporary restraining order, followed by a preliminary injunction, and ultimately a permanent injunction, restraining the defendants from enforcing or complying with the Executive Order and corresponding Attorney General interpretation and the Emergency Rule, as applied to abortion. The same day, the plaintiffs moved for a temporary restraining order and/or preliminary injunction.

The defendants responded on March 30, 2020, arguing that the court should deny the plaintiffs' motion for a temporary restraining order for five reasons: (1) the plaintiffs cannot establish a likelihood of success on the merits of their claims because they are being treated exactly like every other physician and clinic in Texas during a national emergency, and the right to abortion does not have preeminence over all of the other individual liberties that are being temporarily curtailed; (2) the plaintiffs fail to allege irreparable harm because they have not alleged that even a single patient will not be able to receive an abortion after the expiration of the Executive Order in three weeks; (3) the balance of the equities weighs in the State’s favor because the critical need to protect public health justifies this temporary order; (4) preserving across-the-board application of the Executive Order is overwhelmingly in the public’s interest; and (5) and the court cannot issue a temporary restraining order in any event because it lacks jurisdiction.

Also on March 30, 2020, District Judge Lee Yeakel granted the plaintiffs' motion for a temporary restraining order until a telephonic hearing on the plaintiffs' motion for a preliminary injunction on April 13. 2020 WL 1502102. Judge Yeakel stated that while he understands the public health concerns relating to the COVID-19 pandemic, the Executive Order as applied to abortion violates Roe v. Wade.

The defendants filed an emergency motion for stay and a petition for a writ of mandamus in the Fifth Circuit Court of Appeals. On March 31, 2020, The circuit court temporarily stayed the district court's order. On April 8, 2020, the plaintiffs filed a second motion for a temporary restraining order, which the court granted on April 9. 2020 WL 1815587. The Fifth Circuit Court of Appeals again stayed the district court's order, but on April 13 dissolved the stay as to medication abortions because it was unclear whether the Executive Order applied to medication abortions. 800 Fed.Appx. 293; 2020 WL 1866010.

On April 17, 2020, the plaintiffs filed their second amended complaint.

On April 20, 2020, the Fifth Circuit Court of Appeals granted the defendants' petition for a writ of mandamus and directed the district court to vacate the temporary restraining order with respect to:

1. The part restraining enforcement of the Executive Order as a “categorical ban on all abortions provided by Plaintiffs;”

2. The part restraining the Governor of Texas and the Attorney General;

3. The part restraining enforcement of the Executive Order as to medication abortions;

4. The part restraining enforcement of the Executive Order as to patients who would reach 18 weeks after the first day of their last menstrual period on the expiration date of the Executive Order and who would be “unlikely” to be able to obtain abortion services in Texas; and

5. The part restraining enforcement of the Executive Order after 11:59 p.m. on April 21, 2020. 956 F.3d 696.

However, the court did not vacate the temporary restraining order with respect to the part restraining the Executive Order as to patients “who, based on the treating physician’s medical judgment, would be past the legal limit for an abortion in Texas—22 weeks after the first day of the patient's last menstrual period—on April 22, 2020.”

On April 23, 2020, plaintiffs provided notice to the court that they withdrew their pending motion for a preliminary injunction in light of the defendants' response.

On June 24, the parties submitted a joint stipulation in which the plaintiffs agreed not to seek attorney’s fees other costs or expenses from the defendant, and the defendant agreed not to enforce the March 22 Executive Order until a final non-appealable judgment was made.

The case is ongoing.

Summary Authors

Elena Malik (4/22/2020)

Averyn Lee (9/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17012472/parties/planned-parenthood-center-for-choice-v-abbott/


Judge(s)

Dennis, James L. (Louisiana)

Duncan, Stuart Kyle (Louisiana)

Elrod, Jennifer Walker (Texas)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Clapman, Alice (District of Columbia)

Cocuzza, Francesca G (New York)

Duane, Molly Rose (New York)

Duarte, Ruben Gabriel (Texas)

Muniz, Richard (District of Columbia)

Judge(s)

Dennis, James L. (Louisiana)

Duncan, Stuart Kyle (Louisiana)

Elrod, Jennifer Walker (Texas)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Clapman, Alice (District of Columbia)

Cocuzza, Francesca G (New York)

Duane, Molly Rose (New York)

Duarte, Ruben Gabriel (Texas)

Muniz, Richard (District of Columbia)

Muqaddam, Rabia (New York)

Murray, Julie Alyssa (District of Columbia)

O'Connell, Patrick J (Texas)

Salvador, Anjali (Texas)

Sandman, Jennifer (New York)

Segura, Andre (Texas)

Shah, Sneha (New York)

Sharma, Rupali (Maine)

Swanson, Hannah (District of Columbia)

Toti, Stephanie (New York)

Attorneys(s) for Defendant

Albright, Thomas A. (Texas)

Bangert, Ryan Lee (Missouri)

Biggs, Adam Arthur (Texas)

Bloodworth, Kristin K. (Texas)

Butrus, John J Jr. (Texas)

Dippel, Leslie (Texas)

Green, Robert D (Texas)

Hacker, Heather Gebelin (Texas)

Hedge, Laura Beckman (Texas)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Nelson, Anthony J. (Texas)

Paxton, Ken (Texas)

Pfeiffer, Justin C (Texas)

Pope, Patrick (Texas)

Ramirez, Josephine L (Texas)

Stephens, Andrew Bowman (Texas)

Walton, Benjamin S (Texas)

Other Attorney(s)

Cameron, Daniel (Kentucky)

Fitch, Lynn (Mississippi)

Hill, Curtis T. Jr. (Indiana)

Hunter, Mike (Oklahoma)

Landry, Jeff (Louisiana)

Lill, David (Texas)

Marshall, Steven T. (Alabama)

Marshall [inactive], Steve (Alabama)

Morrisey, Patrick (West Virginia)

Murrill, Elizabeth Baker (Louisiana)

Peterson, Doug (Nebraska)

Ravnsborg, Jason (South Dakota)

Reyes, Sean D. (Utah)

Rutledge, Leslie (Arkansas)

Schmitt, Eric (Missouri)

Slatery, Herbert III (Tennessee)

St. John, Joseph S (Louisiana)

Wasden, Lawrence G. (Idaho)

Wilson, Alan (South Carolina)

Yost, Dave (Ohio)

Documents in the Clearinghouse

Document

1:20-cv-00323

Docket [PACER]

June 26, 2020

June 26, 2020

Docket
7 (& 7-1 to 7-10)

1:20-cv-00323

Motion for Temporary Restraining Order and/or Preliminary Injunctive and Memorandum of Law in Support

March 25, 2020

March 25, 2020

Pleading / Motion / Brief
1 (& 1-1 to 1-3)

1:20-cv-00323

Complaint for Injunctive and Declaratory Relief

March 25, 2020

March 25, 2020

Complaint
40

1:20-cv-00323

Order Granting Plaintiffs' Request for Temporary Restraining Order

450 F.Supp.3d 753, 2020 WL 1502102

March 30, 2020

March 30, 2020

Order/Opinion
30, 30-1, 30-2

1:20-cv-00323

State Defendants' Response to Plaintiffs' Motion for a Temporary Restraining Order

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
29;29-1

1:20-cv-00323

Plaintiffs' Supplemental Statement in Support of Motion for Temporary Restraining Order; Declaration of Jane Doe in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injuction

March 30, 2020

March 30, 2020

Declaration/Affidavit
41

1:20-cv-00323

Statement of Interest of the States of Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
56, 56-1, 56-2

1:20-cv-00323

Plaintiff's Second Motion for a Temporary Restraining Order and Memorandum in Support

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
63

1:20-cv-00323

Order Granting Plaintiffs' Second Motion for a Temporary Restraining Order

Planned Parenthood Center For Choice v. Abbott

2020 WL 1815587

April 9, 2020

April 9, 2020

Order/Opinion
65

20-50296

Petition for Writ of Mandamus to the United States District Court for the Western District of Texas

U. S. Court of Appeals for the Fifth Circuit

800 Fed.Appx. 293

April 10, 2020

April 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17012472/planned-parenthood-center-for-choice-v-abbott/

Last updated Aug. 5, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Complaint for Injunctive and Declaratory Relief ( Filing fee $ 400 receipt number 0542-13387369), filed by Brookside Women's Medical Center PA, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Southwestern Women's Surgery Center, Planned Parenthood South Texas Surgical Center, Robin Wallace, M.D., M.A.S., Whole Womans Health, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A - Attorney General Press Release, # 2 Exhibit B - Exec. Order No. GA-09, # 3 Exhibit C - Emergency Rule, # 4 Civil Cover Sheet)(O'Connell, Patrick) (Attachment 4 replaced and flattened on 3/25/2020) (cj). (Entered: 03/25/2020)

1 Exhibit A - Attorney General Press Release

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2 Exhibit B - Exec. Order No. GA-09

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3 Exhibit C - Emergency Rule

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4 Civil Cover Sheet

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March 25, 2020

March 25, 2020

RECAP

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

March 25, 2020

March 25, 2020

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj)

March 25, 2020

March 25, 2020

PACER
2

Pro Hac Vice Letters mailed to Alice Clapman, Francesca Cocuzza, Molly Duane, Richard Muniz, Rabia Muqaddam, Julie Murray, Jennifer Sandman, Sneha Shah, Rupali Sharma, and Hannah Swanson re: non-admitted status. (cj) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (O'Connell, Patrick) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
4

Summons Issued as to Greg Abbott, Stephen Brint Carlton, John Creuzot, Jaime Esparza, Joe Gonzales, Barry Johnson, Brian Middleton, Margaret Moore, Kim Ogg, Ken Paxton, Ricardo Rodriguez, Jr, Katherine A. Thomas, Phil Wilson, Sharen Wilson. (cj) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
5

RULE 7 DISCLOSURE STATEMENT filed by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (O'Connell, Patrick) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
6

MOTION for Leave to Exceed Page Limitation for Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Exceed Page Limitation)(O'Connell, Patrick) (Entered: 03/25/2020)

1 Proposed Order Granting Plaintiffs' Motion to Exceed Page Limitation

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March 25, 2020

March 25, 2020

PACER
7

MOTION for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Law in Support by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Exhibit 1 - Barraza Declaration, # 2 Exhibit 2 - Dewitt-Dick Declaration, # 3 Exhibit 3 - Ferrigno Declaration, # 4 Exhibit 4 - Hagstrom-Miller Declaration, # 5 Exhibit 5 - Klier Declaration, # 6 Exhibit 6 - Lambrecht Declaration, # 7 Exhibit 7 - Schutt-Aine Declaration, # 8 Exhibit 8 - Wallace Declaration, # 9 Exhibit 9 - Conner Declaration, # 10 Proposed Order)(O'Connell, Patrick). Added MOTION for Preliminary Injunction on 3/30/2020 (lt). (Entered: 03/25/2020)

1 Exhibit 1 - Barraza Declaration

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2 Exhibit 2 - Dewitt-Dick Declaration

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3 Exhibit 3 - Ferrigno Declaration

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4 Exhibit 4 - Hagstrom-Miller Declaration

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5 Exhibit 5 - Klier Declaration

View on PACER

6 Exhibit 6 - Lambrecht Declaration

View on PACER

7 Exhibit 7 - Schutt-Aine Declaration

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8 Exhibit 8 - Wallace Declaration

View on PACER

9 Exhibit 9 - Conner Declaration

View on PACER

10 Proposed Order

View on PACER

March 25, 2020

March 25, 2020

RECAP
8

ORDER GRANTING 6 Motion for Leave to Exceed Page Limitation. Signed by Judge Lee Yeakel. (lt) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
9

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 3/26/2020. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
10

TRANSCRIPT REQUEST by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Phil Wilson for proceedings held on 3/26/20. Proceedings Transcribed: Phone Conference. Court Reporter: Arlinda Rodriguez. (Stephens, Andrew) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
11

MOTION for Justin C. Pfeiffer to Appear Pro Hac Vice for Brian Middleton. (Attachments: # 1 Letter)(lt) (Entered: 03/27/2020)

1 Letter

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March 27, 2020

March 27, 2020

PACER
12

NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of Greg Abbott, Stephen Brint Carlton, Ken Paxton, Phil Wilson (Stephens, Andrew) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
13

NOTICE of Attorney Appearance by Benjamin S. Walton on behalf of Greg Abbott, Stephen Brint Carlton, Ken Paxton, Phil Wilson. Attorney Benjamin S. Walton added to party Greg Abbott(pty:dft), Attorney Benjamin S. Walton added to party Stephen Brint Carlton(pty:dft), Attorney Benjamin S. Walton added to party Ken Paxton(pty:dft), Attorney Benjamin S. Walton added to party Phil Wilson(pty:dft) (Walton, Benjamin) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
14

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Hannah Swanson ( Filing fee $ 100 receipt number 0542-13396634) on behalf of Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, and Planned Parenthood of Greater Texas Surgical Health Services. (O'Connell, Patrick) Modified on 3/27/2020 to adjust filers (lt). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
15

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Richard Muniz ( Filing fee $ 100 receipt number 0542-13396710) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services. (O'Connell, Patrick) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
16

MOTION to Appear Pro Hac Vice by Stephanie Toti Rupali Sharma ( Filing fee $ 100 receipt number 0542-13397101) by on behalf of Whole Woman's Health Alliance, Whole Womans Health. (Toti, Stephanie) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
17

ORDER GRANTING 11 Motion for Justin Carl Pfeiffer to Appear Pro Hac Vice on behalf of Brian M. Middleton. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
18

ORDER GRANTING 14 Motion for Hannah Swanson to Appear Pro Hac Vice on behalf of Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
19

ORDER GRANTING 15 Motion for Richard Muniz to Appear Pro Hac Vice on behalf of Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, and Planned Parenthood South Texas Surgical Center. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
20

ORDER GRANTING 16 Motion for Rupali Sharma to Appear Pro Hac Vice on behalf of Whole Woman's Health and Whole Woman's Health Alliance. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
21

NOTICE of Attorney Appearance by Justin C. Pfeiffer on behalf of Brian Middleton (Pfeiffer, Justin) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
22

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Francesca Cocuzza ( Filing fee $ 100 receipt number 0542-13398950) by on behalf of Brookside Women's Medical Center PA, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S.. (O'Connell, Patrick) (Main Document 22 replaced on 3/30/2020 to flatten fields) (so). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
23

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Molly Duane ( Filing fee $ 100 receipt number 0542-13398961) by on behalf of Brookside Women's Medical Center PA, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S.. (O'Connell, Patrick) (Main Document 23 replaced on 3/30/2020 to flatten fields) (so). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
24

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Rabia Muqaddam ( Filing fee $ 100 receipt number 0542-13398970) by on behalf of Brookside Women's Medical Center PA, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S.. (O'Connell, Patrick) (Main Document 24 replaced on 3/30/2020 to flatten fields) (so). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
25

STIPULATION Joint and Agreed Stipulation for Non-Enforcement Pending Final Resolution, Attorneys Fees and Costs, and Withdrawal of Motion for a Temporary Restraining Order and Preliminary Injunction as to Defendant Middleton Without Prejudice by Brian Middleton. (Pfeiffer, Justin) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
26

NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of Katherine A. Thomas. Attorney Andrew Bowman Stephens added to party Katherine A. Thomas(pty:dft) (Stephens, Andrew) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
27

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Julie Murray ( Filing fee $ 100 receipt number 0542-13399557) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services. (O'Connell, Patrick) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
28

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit A-Response, # 3 Exhibit B- Response Exhibits, # 4 Exhibit C-Response Proposed Order)(Stephens, Andrew) (Entered: 03/30/2020)

1 Proposed Order Proposed Order

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2 Exhibit A-Response

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3 Exhibit B- Response Exhibits

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4 Exhibit C-Response Proposed Order

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March 30, 2020

March 30, 2020

PACER

Notice of Correction: re 28 Unopposed MOTION for Leave to Exceed Page Limitation . When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document that exceeds the page limit should NOT be attached to the motion, but rather should be filed as a separate pleading. We will take the necessary steps to pull the Response from the Motion for leave to exceed page limit and add it to the docket record. No further action is required. Please note this information for future filing purposes. (lt)

March 30, 2020

March 30, 2020

PACER
29

SUPPLEMENT to 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Law in Support by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Exhibit 10 - Jane Doe Declaration)(O'Connell, Patrick) (Entered: 03/30/2020)

1 Exhibit 10 - Jane Doe Declaration

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March 30, 2020

March 30, 2020

PACER
30

State Defendants' RESPONSE to Motion, filed by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson, re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Law in Support filed by Plaintiffs. (Attachments: # 1 Exhibits, # 2 Proposed Order)(lt) (Entered: 03/30/2020)

1 Exhibits

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2 Proposed Order

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March 30, 2020

March 30, 2020

RECAP
31

MOTION for Protective Order Plaintiffs' Motion for Leave to Use a Pseudonym and for a Protective Order by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Leave to Use a Pseudonym and for a Protective Order)(O'Connell, Patrick) (Entered: 03/30/2020)

1 Proposed Order Granting Plaintiffs' Motion for Leave to Use a Pseudonym and

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March 30, 2020

March 30, 2020

PACER
32

ORDER GRANTING 22 Motion for Francesca G. Cocuzza to Appear Pro Hac Vice on behalf of Southwestern Women's Surgery Center, Brookside Women's Medical Center PA, and Robin Wallace, MD. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
33

ORDER GRANTING 23 Motion for Mary Rose Duane to Appear Pro Hac Vice on behalf of Southwestern Women's Surgery Center, Brookside Women's Medical Center PA, and Robin Wallace, MD. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
34

ORDER GRANTING 24 Motion for Rabia Claire Muqaddam to Appear Pro Hac Vice on behalf of Southwestern Women's Surgery Center, Brookside Women's Medical Center PA, and Robin Wallace, MD. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
35

ORDER GRANTING 27 Motion for Julie Murray to Appear Pro Hac Vice on behalf of Plaintiffs Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, and Planned Parenthood South Texas Surgical Center. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
36

ORDER GRANTING State Defendants' 28 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
37

MOTION for Leave to File Amicus Brief by David S. Lill. by State of Louisiana. (Attachments: # 1 Brief, # 2 Proposed Order)(Lill, David) (Entered: 03/30/2020)

1 Brief

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2 Proposed Order

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March 30, 2020

March 30, 2020

PACER
38

MOTION to Appear Pro Hac Vice by David S. Lill for Elizabeth Murrill ( Filing fee $ 100 receipt number 0542-13402104) by on behalf of State of Louisiana. (Lill, David) Modified on 3/30/2020 (lt). (Main Document 38 replaced on 3/30/2020 to flatten form) (lt). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
39

ORDER GRANTING Louisiana and 15 States' 37 Motion for Leave to File Amicus Brief. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
40

VACATED in its Entirety By ORDER 54 ORDER GRANTING Plaintiffs' 7 Motion for Temporary Restraining Order. ORDER that Defendants and their employees, agents, successors, and all others acting in concert or participating with them, are TEMPORARILY RESTRAINED from enforcing Executive Order GA-09. ORDER that this Temporary Restraining Order shall expire on April 13, 2020 at 3:00pm. ORDER SETTING the hearing on Plaintiffs' motion for a preliminary injunction for a telephonic hearing on April 13, 2020 at 9:30 a.m. Signed by Judge Lee Yeakel. (lt) Modified on 4/8/2020 (lt). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP

Motion Hearing: 7 MOTION for Preliminary Injunction. Telephonic Motion Hearing set for 4/13/2020 at 09:30 AM before Judge Lee Yeakel. (lt)

March 30, 2020

March 30, 2020

PACER
41

Amicus Curiae BRIEF by The State of Louisiana and 15 States. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
42

ORDER GRANTING 38 Motion for Elizabeth Murrill to Appear Pro Hac Vice on behalf of Amicus Curiae The State of Louisiana. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
43

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Jennifer Sandman ( Filing fee $ 100 receipt number 0542-13404407) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services. (O'Connell, Patrick) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
44

NOTICE of Attorney Appearance by John J. Butrus, Jr on behalf of John Creuzot. Attorney John J. Butrus, Jr added to party John Creuzot(pty:dft) (Butrus, John) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
45

Transcript filed of Proceedings held on March 26, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/21/2020, Redacted Transcript Deadline set for 5/1/2020, Release of Transcript Restriction set for 6/29/2020, (alr) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
46

ORDER of USCA 5th Circuit TEMPORARILY STAYING the district court's order of March 30, 2020 40 to allow the court sufficient time to consider petitioners' emergency motion for stay and petition for writ of mandamus. (lt) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
47

ORDER GRANTING 43 Motion for Jennifer Sandman to Appear Pro Hac Vice on behalf of Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, and Planned Parenthood South Texas Surgical Center. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
48

WAIVER OF SERVICE Returned Executed by Brookside Women's Medical Center PA, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Southwestern Women's Surgery Center, Planned Parenthood South Texas Surgical Center, Robin Wallace, M.D., M.A.S., Whole Womans Health, Whole Woman's Health Alliance as to Greg Abbott. Waiver sent on 3/27/2020, answer due 5/26/2020; Stephen Brint Carlton. Waiver sent on 3/27/2020, answer due 5/26/2020; John Creuzot. Waiver sent on 3/30/2020, answer due 5/29/2020; Brian Middleton. Waiver sent on 3/27/2020, answer due 5/26/2020; Margaret Moore. Waiver sent on 3/25/2020, answer due 5/25/2020; Kim Ogg. Waiver sent on 4/1/2020, answer due 6/1/2020; Ken Paxton. Waiver sent on 3/27/2020, answer due 5/26/2020; Ricardo Rodriguez, Jr. Waiver sent on 3/30/2020, answer due 5/29/2020; Katherine A. Thomas. Waiver sent on 3/27/2020, answer due 5/26/2020; Phil Wilson. Waiver sent on 3/27/2020, answer due 5/26/2020; Sharen Wilson. Waiver sent on 3/30/2020, answer due 5/29/2020. (O'Connell, Patrick) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
49

NOTICE of Supplemental Filing in Support of Plaintiffs Motion for Preliminary Injunction by Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Law in Support MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 11 - Sharfstein Declaration, # 2 Exhibit 12 - Bassett Declaration, # 3 Exhibit 13 - Northcutt Declaration, # 4 Exhibit 14 - Johnson Declaration, # 5 Exhibit 15 - Nguyen Declaration, # 6 Exhibit 16 - Chang Declaration, # 7 Exhibit 17 - Levison Declaration, # 8 Exhibit 18 - Wood Declaration, # 9 Exhibit 19 - Macones Declaration)(O'Connell, Patrick) (Entered: 04/02/2020)

1 Exhibit 11 - Sharfstein Declaration

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2 Exhibit 12 - Bassett Declaration

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3 Exhibit 13 - Northcutt Declaration

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4 Exhibit 14 - Johnson Declaration

View on PACER

5 Exhibit 15 - Nguyen Declaration

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6 Exhibit 16 - Chang Declaration

View on PACER

7 Exhibit 17 - Levison Declaration

View on PACER

8 Exhibit 18 - Wood Declaration

View on PACER

9 Exhibit 19 - Macones Declaration

View on PACER

April 2, 2020

April 2, 2020

PACER
50

NOTICE Regarding Supplemental Filing in Support of Plaintiffs' Motion for Preliminary Injunction by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson re 49 Notice (Other),,, (Stephens, Andrew) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
52

Certified copy of USCA Order issued as the mandate GRANTING the petition for writ of mandamus, directing the district court to vacate the TRO entered on March 30, 2020. (lt) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
53

Scheduling Recommendations/Proposed Scheduling Order for Briefing by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson. (Attachments: # 1 Proposed Order Order Granting Briefing Schedule)(Stephens, Andrew) Modified on 4/8/2020 (so). (Entered: 04/08/2020)

1 Proposed Order Order Granting Briefing Schedule

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April 8, 2020

April 8, 2020

PACER

Set/Reset Deadlines

April 8, 2020

April 8, 2020

PACER
54

ORDER VACATING in its entirety its March 30 Order 40 . The telephonic hearing on Plaintiffs' request for a preliminary injunction scheduled for April 13, 2020, is CANCELED, pending further order of this court. Signed by Judge Lee Yeakel. (so) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
55

MOTION for Leave to Exceed Page Limitation for Plaintiffs Second Motion for Temporary Restraining Order by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Exceed Page Limitation)(O'Connell, Patrick) (Entered: 04/08/2020)

1 Proposed Order Granting Plaintiffs' Motion to Exceed Page Limitation

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April 8, 2020

April 8, 2020

PACER
56

Second MOTION for Temporary Restraining Order and Memorandum in Support by Brookside Women's Medical Center PA, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Exhibit 20 - Ward Declaration, # 2 Proposed Order)(O'Connell, Patrick) (Entered: 04/08/2020)

1 Exhibit 20 - Ward Declaration

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2 Proposed Order

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April 8, 2020

April 8, 2020

PACER
57

MOTION to Appear Pro Hac Vice by Stephanie Toti Sneha Shah ( Filing fee $ 100 receipt number 0542-13439987) by on behalf of Whole Woman's Health Alliance, Whole Womans Health. (Toti, Stephanie) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
58

ORDER for Joint Status Report on or before April 15, 2020 and DISMISSING 53 State Defendants' Motion for Briefing Schedule. Signed by Judge Lee Yeakel. (so) Modified on 4/8/2020 (lt). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Set/Reset Deadlines: Joint Status Report due by 4/15/2020. (lt)

April 8, 2020

April 8, 2020

PACER
59

MOTION to Appear Pro Hac Vice by David S. Lill for Joseph Scott St. John ( Filing fee $ 100 receipt number 0542-13440626) by on behalf of The State of Louisiana and 15 States. (Lill, David) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
60

ORDER GRANTING Plaintiffs' 55 Motion for Leave to Exceed Page Limitation for Plaintiffs' Second Motion for Temporary Restraining Order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
61

ORDER GRANTING 57 Motion for Sneha Shah to Appear Pro Hac Vice on behalf of Whole Woman's Health and Whole Woman's Health Alliance. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
62

TRANSCRIPT REQUEST by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson for proceedings held on 4/09/2020. Proceedings Transcribed: Phone Conference. Court Reporter: Arlinda Rodriguez. (Stephens, Andrew) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
63

ORDER GRANTING 56 Plaintiffs' Second Motion for Temporary Restraining Order. ORDER that this Temporary Restraining Order shall expire on April 19, 2020, at 4:25pm. Signed by Judge Lee Yeakel. (lt) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

RECAP
64

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 4/9/2020. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 04/13/2020)

April 9, 2020

April 9, 2020

PACER
65

ORDER of USCA 5th Circuit granting motion for temporary administrative stay of the district court's order of April 9, 2020 63, until further order of the court, to allow sufficient time to consider the mandamus petition and emergency stay motion. (lt) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

PACER
66

ORDER MODIFYING PREVIOUS ORDER 58 FOR STATUS REPORT as follows: Joint Status Report due by 4/14/2020 at noon. Signed by Judge Lee Yeakel. (lt) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
67

AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants, filed by Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center, Whole Woman's Health, Whole Woman's Health Alliance, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Brookside Women's Medical Center PA, and Houston Women's Clinic. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(lt) (Entered: 04/13/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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April 13, 2020

April 13, 2020

RECAP
68

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Anjali Salvador ( Filing fee $ 100 receipt number 0542-13449259) by on behalf of Houston Women's Clinic. (O'Connell, Patrick) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
69

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Andre Segura ( Filing fee $ 100 receipt number 0542-13449289) by on behalf of Houston Women's Clinic. (O'Connell, Patrick) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
70

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Brigitte Amiri ( Filing fee $ 100 receipt number 0542-13449321) by on behalf of Houston Women's Clinic. (O'Connell, Patrick) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
71

Transcript filed of Proceedings held on April 9, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 5/4/2020, Redacted Transcript Deadline set for 5/14/2020, Release of Transcript Restriction set for 7/13/2020, (alr) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
72

WAIVER OF SERVICE Returned Executed by Houston Women's Clinic, Brookside Women's Medical Center PA, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Southwestern Women's Surgery Center, Planned Parenthood South Texas Surgical Center, Robin Wallace, M.D., M.A.S., Whole Womans Health, Whole Woman's Health Alliance as to Jaime Esparza. Waiver sent on 3/30/2020, answer due 5/29/2020; Joe Gonzales. Waiver sent on 4/9/2020, answer due 6/8/2020; Barry Johnson. Waiver sent on 3/30/2020, answer due 5/29/2020. (O'Connell, Patrick) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
73

ORDER GRANTING 59 Motion for Joseph Scott St. John to Appear Pro Hac Vice on behalf of the State of Louisiana. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
74

ORDER of USCA 5th Circuit DENYING Petitioners' emergency motion to stay the district court's April 9 TRO as to medication abortions and also DISSOLVING the temporary administrative stay as it applies to medication abortions. (lt) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

PACER
75

ORDER GRANTING 68 Motion for Anjali Salvador to Appear Pro Hac Vice on behalf of Houston Women's Clinic. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

PACER
76

ORDER GRANTING 69 Motion for Andre Segura to Appear Pro Hac Vice on behalf of Houston Women's Clinic. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

PACER
77

ORDER GRANTING 70 Motion for Brigitte Adrienne Amiri to Appear Pro Hac Vice on behalf of Houston Women's Clinic. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

PACER
78

STATUS REPORT Joint Status Report and Proposed Briefing Schedule by Brookside Women's Medical Center PA, Houston Women's Clinic, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (O'Connell, Patrick) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
79

MOTION for Temporary Restraining Order by Houston Women's Clinic. (Attachments: # 1 Exhibit Declaration of Dr. Bernard Rosenfeld, # 2 Proposed Order)(O'Connell, Patrick) (Entered: 04/14/2020)

1 Exhibit Declaration of Dr. Bernard Rosenfeld

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2 Proposed Order

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April 14, 2020

April 14, 2020

RECAP
80

STIPULATION Joint and Agreed Stipulation for Non-Enforcement Pending Final Resolution, Attorneys Fees and Costs, and Withdrawal of Motion for a Temporary Restraining Order and Preliminary Injunction as to Defendant Middleton Without Prejudice as to Plaintiff Houston Women's Clinic by Brian Middleton. (Pfeiffer, Justin) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
81

STIPULATION for Non-Enforcement Pending Final Resolution, Attorneys Fees and Costs by Plaintiffs and by Jaime Esparza. (Duarte, Ruben) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
82

VACATED in all respects per Order 102 ORDER EXTENDING in its entirety under its same terms and conditions the Order Granting Plaintiffs' Second Motion For Temporary Restraining Order 63 except as MODIFIED by the orders of the United States Court of Appeals for the Fifth Circuit rendered April 10, 2020, and April 13, 2020, until 5:00 p.m. on May 1, 2020. ORDER SETTING Telephonic Hearing on 7 MOTION for Preliminary Injunction for 4/29/2020 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) Modified on 4/23/2020 (lt). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
83

Appeal of Order entered by District Judge 63, 82 by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson. ( Filing fee $ 505 receipt number 0542-13462512) (Stephens, Andrew) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP

Notice of Appeal - Interlocutory

April 15, 2020

April 15, 2020

PACER

NOTICE OF INTERLOCUTORY APPEAL following 83 Notice of Appeal (E-Filed) by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson. Filing fee $ 505, receipt number 0542-13462512. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (lt)

April 15, 2020

April 15, 2020

PACER
84

NOTICE of Attorney Appearance by Adam Arthur Biggs on behalf of Barry Johnson, Sharen Wilson. Attorney Adam Arthur Biggs added to party Barry Johnson(pty:dft), Attorney Adam Arthur Biggs added to party Sharen Wilson(pty:dft) (Biggs, Adam) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
85

ORDER that Plaintiffs' may serve and file additional briefing and supporting evidence on or before April 18, 2020 at 5:00 p.m. ORDER that the parties confer as soon as practicable, but before the telephone conference set by this order. ORDER SETTING Telephonic Conference for 4/20/2020 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
86

SECOND AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants, filed by Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center, Whole Woman's Health, Whole Woman's Health Alliance, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Brookside Women's Medical Center PA, and Houston Women's Clinic, Alamo City Surgery Center PLLC, d/b/a Alamo Women's Reproductive Services and Houston Women's Reproductive Services. (lt) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
87

MOTION for Temporary Restraining Order by Alamo City Surgery Center PLLC and Houston Women's Reproductive Services. (Attachments: # 1 Declaration, # 2 Proposed Order)(lt) (Entered: 04/17/2020)

1 Declaration

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2 Proposed Order

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April 17, 2020

April 17, 2020

RECAP
88

STIPULATION Joint and Agreed Stipulation for Non-Enforcement Pending Final Resolution, Attorneys Fees and Costs, and Withdrawal of Motion for a Temporary Restraining Order and Preliminary Injunction as to Defendant Middleton Without Prejudice as to Plaintiffs Alamo City Surgery Center PLLC and Houston Women's Reproductive Services by Brian Middleton. (Pfeiffer, Justin) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
89

Memorandum in Support, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Houston Women's Clinic, Houston Women's Reproductive Services, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health, re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Law in Support MOTION for Preliminary Injunction filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Southwestern Women's Surgery Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Robin Wallace, M.D., M.A.S., Plaintiff Whole Woman's Health Alliance, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Brookside Women's Medical Center PA, Plaintiff Whole Womans Health Supplemental Memorandum of Law in Support of Plaintiffs Motion for a Preliminary Injunction (Attachments: # 1 Appendix A - Exhibits List, # 2 Exhibit 21 - Texas Executive Order GA-15, # 3 Exhibit 22 - Email Correspondence Between Counsel for State Defendants and Counsel for Plaintiffs, # 4 Exhibit 23 - Declaration of Amanda Bennett, # 5 Exhibit 24 - Declaration of Curtis Boyd, # 6 Exhibit 25 - Second Declaration of Alicia Dewitt-Dick, # 7 Exhibit 26 - Second Declaration of Andrea Ferrigno, # 8 Exhibit 27 - Declaration of Stephanie Gomez, # 9 Exhibit 28 - Second Declaration of Amy Hagstrom Miller, # 10 Exhibit 29 - Declaration of Colleen Heflin, Ph.D., # 11 Exhibit 30 - Declaration of Marsha Jones, # 12 Exhibit 31 - Declaration of Joan Lamunyon Sanford, # 13 Exhibit 32 - Declaration of Alma Loe, M.D., # 14 Exhibit 33 - Declaration of Alex Moe, # 15 Exhibit 34 - Second Declaration of Tram Nguyen, # 16 Exhibit 35 - Declaration of Mary Roe, M.D., # 17 Exhibit 36 - Declaration of Odile Schalit, # 18 Exhibit 37 - Second Declaration of Ann-Schutt-Aine, M.D., # 19 Exhibit 38 - Second Declaration of Joshua Sharfstein, M.D., # 20 Exhibit 39 - Declaration of Kari White, Ph.D., # 21 Exhibit 40 - 2017 Texas ITOP Data)(O'Connell, Patrick) (Entered: 04/18/2020)

1 Appendix A - Exhibits List

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2 Exhibit 21 - Texas Executive Order GA-15

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3 Exhibit 22 - Email Correspondence Between Counsel for State Defendants and Couns

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4 Exhibit 23 - Declaration of Amanda Bennett

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5 Exhibit 24 - Declaration of Curtis Boyd

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6 Exhibit 25 - Second Declaration of Alicia Dewitt-Dick

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7 Exhibit 26 - Second Declaration of Andrea Ferrigno

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8 Exhibit 27 - Declaration of Stephanie Gomez

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9 Exhibit 28 - Second Declaration of Amy Hagstrom Miller

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10 Exhibit 29 - Declaration of Colleen Heflin, Ph.D.

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11 Exhibit 30 - Declaration of Marsha Jones

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12 Exhibit 31 - Declaration of Joan Lamunyon Sanford

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13 Exhibit 32 - Declaration of Alma Loe, M.D.

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14 Exhibit 33 - Declaration of Alex Moe

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15 Exhibit 34 - Second Declaration of Tram Nguyen

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16 Exhibit 35 - Declaration of Mary Roe, M.D.

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17 Exhibit 36 - Declaration of Odile Schalit

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18 Exhibit 37 - Second Declaration of Ann-Schutt-Aine, M.D.

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19 Exhibit 38 - Second Declaration of Joshua Sharfstein, M.D.

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20 Exhibit 39 - Declaration of Kari White, Ph.D.

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21 Exhibit 40 - 2017 Texas ITOP Data

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April 18, 2020

April 18, 2020

RECAP
90

Second MOTION for Protective Order and for Leave to Use Pseudonyms by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Houston Women's Clinic, Houston Women's Reproductive Services, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health Alliance, Whole Womans Health. (Attachments: # 1 Proposed Order Granting Plaintiffs' Second Motion for Leave to Use Pseudonyms and for a Protective Order)(O'Connell, Patrick) (Entered: 04/18/2020)

1 Proposed Order Granting Plaintiffs' Second Motion for Leave to Use Pseudony

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April 18, 2020

April 18, 2020

PACER
91

TRANSCRIPT REQUEST by Greg Abbott, Stephen Brint Carlton, Ken Paxton, Katherine A. Thomas, Phil Wilson for proceedings held on 4/20/2020. Proceedings Transcribed: Phone Conference. Court Reporter: Arlinda Rodriguez. (Stephens, Andrew) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
92

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 4/20/2020. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
93

Certified copy of USCA JUDGMENT issued as MANDATE dismissing appeal for lack of jurisdiction and denying as moot the emergency motion to stay. (lt) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood Center for Choice (“PP Houston”), Planned Parenthood of Greater Texas Surgical Health Services (“PPGT Surgical Health Services”), Planned Parenthood South Texas Surgical Center (“PPST Surgical Center”), Whole Woman’s Health, Whole Woman’s Health Alliance, Southwestern Women’s Surgery Center (“Southwestern”), Brookside Women’s Medical Center PA d/b/a Brookside Women’s Health Center and Austin Women’s Health Center (“Austin Women’s”), and Dr. Robin Wallace, M.D.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

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:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)