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Case: Adams & Boyle v. Slatery

3:15-cv-00705 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 25, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary In light of COVID-19, the Governor of Tennessee issued an executive order limiting "non-emergency" health care procedures, including all abortions except for medication abortion. The plaintiffs supplemented their complaint to address the order. The district court enjoined the defendants from enforcing the order on April 17, 2020, and the Sixth Circuit affirmed the injunction on April 24. However, on January 25, 2021, the Supreme Court vacated the injunction as moot. Challenge …

COVID-19 Summary

In light of COVID-19, the Governor of Tennessee issued an executive order limiting "non-emergency" health care procedures, including all abortions except for medication abortion. The plaintiffs supplemented their complaint to address the order. The district court enjoined the defendants from enforcing the order on April 17, 2020, and the Sixth Circuit affirmed the injunction on April 24. However, on January 25, 2021, the Supreme Court vacated the injunction as moot.


Challenge to Tennessee Abortion Restrictions

This case was filed on June 25, 2015 in the U.S. District Court for the Middle District of Tennessee by three reproductive healthcare providers on behalf of their patients. The complaint alleged that several state restrictions on abortion providers violated the due process and equal protection clauses of the Fourteenth Amendment. The named defendants were the state Attorney General, the Commissioner of the Tennessee Department of Health, and the President of the Tennessee Board of Medical Examiners. The plaintiffs were represented by the Center for Reproductive Rights, and the case was assigned to Judge Bernard A. Friedman and Magistrate Judge Jeffery S. Frensley.

The restrictions in question were 1) the "ASTC Requirement," which required all facilities where abortions are performed to be licensed as ambulatory surgical centers; 2) the "Admitting Privileges Requirement," which required all doctors providing abortions to have hospital admitting privileges, and; 3) the “Delay Requirement,” which required an abortion patient to attend an in-person meeting with a doctor to receive information that could be provided by phone and then delay the abortion for 48 hours after the meeting. The plaintiffs argued that these requirements were medically unnecessary attempts to shutter abortion providers and create unconstitutional barriers to patients seeking abortion care.

On June 26, 2015, the day after filing the complaint, the plaintiffs filed a motion for preliminary injunction to prevent the state from enforcing the restrictions. The court temporarily enjoined the state from enforcing the restrictions that same day. After a hearing on the motion, the court issued a preliminary injunction on August 14, 2015, which the defendants did not appeal. 

On December 16, 2015, the plaintiffs filed a motion to stay the case pending the outcome in Whole Woman's Health v. Cole (a case challenging similar restrictions in Texas) in the Supreme Court. The court granted the motion the following day, and the case was stayed until April 17, 2017. After the Supreme Court issued an opinion in Whole Woman's Health striking down similar restrictions in Texas, the state agreed to drop its defense of the admitting privileges and ASTC requirements and the court permanently blocked the requirements on April 14, 2017. Litigation continued over the waiting period requirement.

In 2019, Adams & Boyle dissolved. One of its Tennessee locations closed, and Bristol Regional Women's Center began managing the second location. In July 2020, the court substituted Bristol Regional Women's Center as the plaintiff, and the case is now known as Bristol Regional Women's Center, P.C. v. Slatery. 

After discovery, the case went to trial on September 24, 2019. Judge Friedman permanently enjoined the defendants from enforcing the waiting period requirement on October 14, 2020, holding that the waiting period requirement unduly burdened the right to abortion and that the defendants failed to show the  requirement protected fetal life or the health of the patient. 494 F.Supp.3d 488.

The defendants appealed the permanent injunction to the U.S. Court of Appeals for the Sixth Circuit (20-6267) and the Sixth Circuit heard the case en banc. On August 5, 2021, the Sixth Circuit reversed the permanent injunction, holding that the waiting period requirement was facially constitutional and did not unduly burden the right to abortion. 7 F.4th 478. On December 14, 2021, in district court, Judge Friedman entered judgment for the defendants in accordance with the Sixth Circuit's opinion. 

On November 18, 2021, Judge Friedman accepted the parties' agreement that the defendants would pay $249,000 in attorneys' fees and expenses to the plaintiffs. The case is ongoing as of February 28, 2022. 


COVID-19 Non-Emergency Health Care Procedure Ban

In response to the COVID-19 public health emergency, Tennessee Governor Bill Lee issued an executive order on April 8, 2020 (EO-25) limiting "non-emergency" health care procedures. This ban included all abortions except for medication abortion, which is only available for people up to 11 weeks pregnant. The ACLU, Planned Parenthood, and the Center for Reproductive Rights filed a request on behalf of the plaintiffs to file a supplemental complaint and a motion for a temporary restraining order and/or a preliminary injunction on April 13, 2020. They requested a temporary restraining order blocking implementation of EO-25 as it relates to abortion care. They also requested that the state be blocked from enforcing the delay requirement in light of COVID-19 and alleged that EO-25 violated the plaintiffs’ substantive due process rights under the Fourteenth Amendment. The district court granted the TRO on April 17, 2020, immediately enjoining the defendants from enforcing the order. 2020 WL 1905147. 

The defendants appealed (20-5408) and requested a stay of the injunction pending appeal. However, the court denied the stay on April 21, 2020. The plaintiffs moved for attorneys' fees for the cost of litigating the defendants' appeal on June 22, 2020. The following month, on July 27, 2020, the parties notified the court that they had reached a settlement regarding attorneys' fees, and that the defendants agreed to pay the plaintiffs $83,000. 

The Sixth Circuit Court of Appeals affirmed the district court on April 24, 2020. 2020 WL 1982210. The panel included Judges Moore, Thapar, and White. The defendants then petitioned the court for a rehearing en banc. The court denied rehearing on May 14, 2020, and the defendants filed a petition of certiorari to the Supreme Court on October 19, 2020. On January 25, 2021, the Supreme Court vacated the injunction as moot because the executive order was no longer in effect. 141 S.Ct. 1262. 

Back in the district court, litigation continued over attorneys fees. Most recently, on May 5, 2022, the district Court (Judge Friedman) ruled that these were not taxable to the plaintiffs. 

Summary Authors

Alex Moody (6/20/2020)

Laura Irei (3/17/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4383769/parties/bristol-regional-womens-center-pc-v-slatery/


Judge(s)

Frensley, Jeffrey S (Tennessee)

Friedman, Bernard A. (Michigan)

Moore, Karen Nelson (Ohio)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Besser, Matthew D. (Ohio)

Campbell, Sarah Brie (New Jersey)

Castelli, Thomas H. (Tennessee)

Cohen, Melissa A. (New York)

Dell, Michael J. (New York)

Flynn, Hailey (New York)

Judge(s)

Frensley, Jeffrey S (Tennessee)

Friedman, Bernard A. (Michigan)

Moore, Karen Nelson (Ohio)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Besser, Matthew D. (Ohio)

Campbell, Sarah Brie (New Jersey)

Castelli, Thomas H. (Tennessee)

Cohen, Melissa A. (New York)

Dell, Michael J. (New York)

Flynn, Hailey (New York)

Garrison, David W. (Tennessee)

Gomez, Madeline (New York)

Hearron, Marc A. (District of Columbia)

Hoge, Catherine (New York)

Jaroslaw, Ilene (New York)

Jessee, Thomas C. (Tennessee)

Katz, Autumn C. (New York)

Kaye, Julia (New York)

Keighley, Jennifer (District of Columbia)

Moff, Jason Michael (New York)

Moriarty, Michelle (New York)

Muniz, Richard (District of Columbia)

Muqaddam, Rabia (New York)

Ratakonda, Maithreyi (New York)

Rieger, Alexander Stuart (Tennessee)

Scott, Genevieve (New York)

Seymour, Amber L. (Tennessee)

Tift, Scott P. (Tennessee)

Toti, Stephanie (New York)

Tusiray, Tumir (New York)

Weintraub, Irene (New York)

Attorneys(s) for Defendant

Baker, Kathryn A. (Tennessee)

Blumstein, Andree Sophia (Tennessee)

Cloutier, Matthew Daniel (Tennessee)

Hart, Steven Ashley (Tennessee)

Meyer, Michael Alan (Tennessee)

Sheldon, Sue A. (Tennessee)

Slatery, Herbert III (Tennessee)

Smith, Brandon (Tennessee)

Expert/Monitor/Master

Sisco, Lindsay H. (Tennessee)

Documents in the Clearinghouse

Document

3:15-cv-00705

Docket [PACER]

May 14, 2020

May 14, 2020

Docket
1

3:15-cv-00705

Complaint

June 25, 2015

June 25, 2015

Complaint
14

3:15-cv-00705

Order

June 26, 2015

June 26, 2015

Order/Opinion
35

3:15-cv-00705

Preliminary Injunction

Aug. 14, 2015

Aug. 14, 2015

Order/Opinion
60

3:15-cv-00705

Partial Judgment on Consent

April 14, 2017

April 14, 2017

Order/Opinion
271

Defendants'' Notice of Settlement Regarding Plaintiffs' Motion for Attorneys' Fees [R.E. 263]

Feb. 27, 2020

Feb. 27, 2020

Notice Letter
230-1

3:15-cv-00705

[Proposed] Supplemental Complaint for Temporary and Injunctive Relief

April 13, 2020

April 13, 2020

Complaint
231

3:15-cv-00705

Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injunction

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
232

3:15-cv-00705

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

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
229

3:15-cv-00705

Expedited Motion to File Supplemental Complaint

April 13, 2020

April 13, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383769/bristol-regional-womens-center-pc-v-slatery/

Last updated Nov. 21, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Dreyzehner, MD, Herbert H. Slatery, III, and Michael D. Zanolli, MD (Filing fee $400, Receipt number 34675036827) filed by Adams & Boyle, P.C., Memphis Center for Reproductive Health, and Wesley F. Adams, Jr. (Attachments: # 1 Exhibit 1 - TN Senate Bill No. 1280, # 2 Exhibit 2 - TN House Bill No. 3808, # 3 Exhibit 3 - TN Senate Bill No. 1222, # 4 Exhibit 4 - Procedures for Applying for Licensure of a New Facility, # 5 Civil Cover Sheet, # 6 Receipt). (ds) (Entered: 06/25/2015)

1 Exhibit 1 - TN Senate Bill No. 1280

View on PACER

2 Exhibit 2 - TN House Bill No. 3808

View on PACER

3 Exhibit 3 - TN Senate Bill No. 1222

View on PACER

4 Exhibit 4 - Procedures for Applying for Licensure of a New Facility

View on RECAP

5 Attachment Civil Cover Sheet

View on PACER

6 Attachment Receipt

View on PACER

June 25, 2015

June 25, 2015

Clearinghouse
2

SUMMONS ISSUED as to John Dreyzehner, MD, Herbert H. Slatery, III, and Michael D. Zanolli, MD. The original summonses and service packet were returned to counsel to effect service. (ds) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
3

NOTICE of Corporate Disclosure Statement filing requirement. (ds) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
4

NOTICE of Initial Case Management Conference set for 8/24/2015 at 10:30 AM before Magistrate Judge E. Clifton Knowles. (ds) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
5

MOTION for attorney(s) Ilene Jaroslaw and Stephanie Toti to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-2008292) by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
6

CERTIFICATE OF GOOD STANDING of Attorney Ilene Jaroslaw from the United States District Court for the Eastern District of New York filed by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
7

CERTIFICATE OF GOOD STANDING of Attorney Stephanie Toti from the United States District Court for the Eastern District of New York filed by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER

BAR STATUS of Attorneys Scott P. Tift and Thomas C. Jessee of TN and Ilene Jaroslaw and Stephanie Toti of NY verified as active as of this date. (ds)

June 25, 2015

June 25, 2015

PACER

Docket Annotation

June 25, 2015

June 25, 2015

PACER

Notice (Other)

June 25, 2015

June 25, 2015

PACER

NOTICE TO COUNSEL Ilene Jaroslaw and Stephanie Toti of NY: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). The application can be found on the website at http://www.tnmd.uscourts.gov/files/PHVMotForm.pdf. (ds)

June 25, 2015

June 25, 2015

PACER
8

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Attachments: # 1 Attachment Proposed Temporary Restraining Order)(Tift, Scott) (Entered: 06/26/2015)

1 Attachment Proposed Temporary Restraining Order

View on PACER

June 26, 2015

June 26, 2015

RECAP
9

MEMORANDUM in Support of 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Wesley F. Adams, Jr, Adams & Boyle, P.C. . (Attachments: # 1 Attachment Unpublished Case - Tenn. Dep't of Health v. Boyle, # 2 Attachment Unpublished Authority - 2b - Tenn. Op. Atty. Gen. No. 15-52, # 3 Attachment Unpublished Case - Whole Women's Health v. Cole)(Tift, Scott) (Entered: 06/26/2015)

1 Attachment Unpublished Case - Tenn. Dep't of Health v. Boyle

View on PACER

2 Attachment Unpublished Authority - 2b - Tenn. Op. Atty. Gen. No. 15-52

View on PACER

3 Attachment Unpublished Case - Whole Women's Health v. Cole

View on PACER

June 26, 2015

June 26, 2015

PACER
10

DECLARATION of Wesley F. Adams, Jr., M.D. filed by Wesley F. Adams, Jr, Adams & Boyle, P.C. re: 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Tift, Scott) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
11

DECLARATION of Thomas C. Jessee filed by Wesley F. Adams, Jr, Adams & Boyle, P.C. re: 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Tift, Scott) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
12

ORDER granting 5 Motion for Ilene Jaroslaw and Stephanie Toti to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 6/26/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
13

ORDER: IT IS THEREFORE ORDERED that Defendants and their employees, agents, and successors in office, are HEREBY ENJOINED from enforcing Public Chapter 419 (to be codified at Tenn. Code Ann. ยง 68-11-201), as applied to Plaintiffs Adams & Boyle, PC and Wesley F. Adams, pending a hearing on and disposition of Plaintiffs' request for a preliminary injunction set for 9:00am, Thursday, July 9th, 2015. IT IS FURTHER ORDERED that the movants are not required to post a bond. Signed by Chief Judge Kevin H. Sharp on 6/26/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

RECAP
14

ORDER: Defendants shall be permitted to file a response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. No. 8 ) on or before 12:00 PM on Monday, July 6, 2015. Defendants' response brief shall not exceed twenty (20) pages. Plaintiffs shall be permitted to file an reply brief on or before 12:00 PM on Wednesday, July 8, 2015. Plaintiffs reply brief shall not exceed five (5) pages. By close of business on July 6, 2015, the parties shall exchange witness and exhibit lists. Signed by Chief Judge Kevin H. Sharp on 6/26/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

Clearinghouse

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 6/26/2015 re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Memphis Center for Reproductive Health, Adams & Boyle, P.C., Wesley F. Adams, Jr. Motion granted, order to enter. (Court Reporter Cathy Leigh.) (ab)

June 26, 2015

June 26, 2015

PACER

NY BAR STATUS for Attys. Ilene Jaroslaw and Stephanie Totil verified as active. (hb)

June 26, 2015

June 26, 2015

PACER

Motion Hearing

June 26, 2015

June 26, 2015

PACER

Docket Annotation

June 26, 2015

June 26, 2015

PACER
15

NOTICE of Appearance by Sue A. Sheldon on behalf of All Defendants (Sheldon, Sue) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER

TN BAR STATUS for David W. Garrison verified as active. (hb)

June 29, 2015

June 29, 2015

PACER

Docket Annotation

June 29, 2015

June 29, 2015

PACER
16

NOTICE of Appearance by Michael Alan Meyer on behalf of All Defendants (Meyer, Michael) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER

Docket Annotation

June 30, 2015

June 30, 2015

PACER

TN BAR STATUS for Atty. Sue A. Sheldon verified as active. (hb)

June 30, 2015

June 30, 2015

PACER

TN BAR STATUS for Michael A. Meyer verified as active. (hb)

July 1, 2015

July 1, 2015

PACER

Docket Annotation

July 1, 2015

July 1, 2015

PACER
17

RESPONSE in Opposition re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD. (Sheldon, Sue) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
18

DECLARATION of Ann Rutherford Reed filed by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD re: 17 Response in Opposition to Motion. (Sheldon, Sue) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
19

Witness List for July 9, 2015 Hearing by Wesley F. Adams, Jr, Adams & Boyle, P.C.. (Tift, Scott) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
20

Witness List for July 9, 2015 Hearing by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD. (Sheldon, Sue) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
21

NOTICE of Appearance by Steven Ashley Hart on behalf of All Defendants (Hart, Steven) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
22

REPLY to Response to Motion re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Wesley F. Adams, Jr, Adams & Boyle, P.C.. (Tift, Scott) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER

TN BAR STATUS for Steven A. Hart verified as active. (hb)

July 8, 2015

July 8, 2015

PACER

Docket Annotation

July 8, 2015

July 8, 2015

PACER

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 7/9/2015 re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Memphis Center for Reproductive Health, Adams & Boyle, P.C., Wesley F. Adams, Jr. TRO extended, order to enter. (Court Reporter Wynette Blathers.) (ab)

July 9, 2015

July 9, 2015

PACER

Motion Hearing

July 9, 2015

July 9, 2015

PACER
23

RENEWED TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Kevin H. Sharp on 7/15/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

RECAP
24

MOTION for Extension of Time to File Answer re 1 Complaint,, by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD. (Sheldon, Sue) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
25

ORDER granting 24 Motion for Extension of Time to Answer re 1 Complaint. John Dreyzehner, MD answer due 8/18/2015; Herbert H. Slatery, III answer due 8/18/2015; Michael D. Zanolli, MD answer due 8/18/2015. Signed by Magistrate Judge E. Clifton Knowles on 7/24/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
26

RESPONSE in Opposition re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Supplemental Response filed by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD. (Hart, Steven) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
27

NOTICE of Filing by John Dreyzehner, MD, Herbert H. Slatery, III, Michael D. Zanolli, MD re 26 Response in Opposition to Motion (Attachments: # 1 Exhibit Declaration of Asst. Commissioner Michelle Long, # 2 Exhibit August 7, 2015 Board for Licensing Health Care Facilites - transcript excerpts plus attachments from mtg)(Hart, Steven) (Entered: 08/07/2015)

1 Exhibit Declaration of Asst. Commissioner Michelle Long

View on PACER

2 Exhibit August 7, 2015 Board for Licensing Health Care Facilites - transcript ex

View on PACER

Aug. 7, 2015

Aug. 7, 2015

PACER
28

STATUS REPORT (Verified) by Adams & Boyle, P.C.. (Attachments: # 1 Exhibit Exhibits A through D to Verified Status Report (Correspondence))(Jaroslaw, Ilene) (Entered: 08/08/2015)

1 Exhibit Exhibits A through D to Verified Status Report (Correspondence)

View on PACER

Aug. 8, 2015

Aug. 8, 2015

PACER
29

AMENDED COMPLAINT against All Defendants, filed by Adams & Boyle, P.C., Memphis Center for Reproductive Health, Wesley F. Adams, Jr.(Tift, Scott) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

RECAP
30

ORDER: A hearing was held on August 10, 2015 to rule on Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Docket No. 8 ). For reasons discussed in open court, Plaintiffs' motion is DENIED. The plaintiffs are GRANTED permission to amend the Complaint. A renewed hearing on the Motion for a Temporary Restraining Order, if necessary, is scheduled for August 13, 2015, at 9:30 AM (CDT). Plaintiffs' counsel's request to participate via telephone during the August 13 hearing is GRANTED. Signed by Chief Judge Kevin H. Sharp on 8/10/2015.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

RECAP
31

Summons issued as to Glenn R. Funk, Barry P. Staubus, Amy Weirich. (hb) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
32

SUMMONS returned executed by Memphis Center for Reproductive Health, Wesley F. Adams, Jr, Adams & Boyle, P.C.. Glenn R. Funk served on 8/11/2015. (Tift, Scott) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
33

NOTICE of Filing by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health (Attachments: # 1 Attachment Letter dated August 11, 2015 from Thomas C. Jessee to Barry P. Staubus, # 2 Attachment Letter dated August 11, 2015 from Stephanie Toti and Ilene Jaroslaw to Glenn R. Funk and Barry P. Staubus)(Tift, Scott) (Entered: 08/12/2015)

1 Attachment Letter dated August 11, 2015 from Thomas C. Jessee to Barry P. Staubu

View on PACER

2 Attachment Letter dated August 11, 2015 from Stephanie Toti and Ilene Jaroslaw t

View on PACER

Aug. 12, 2015

Aug. 12, 2015

PACER

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 8/13/2015 re 8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Memphis Center for Reproductive Health, Adams & Boyle, P.C., Wesley F. Adams, Jr. The Court granted the Preliminary Injunction, counsel to submit proposed order. (Court Reporter Brian Ratekin.) (ab)

Aug. 13, 2015

Aug. 13, 2015

PACER

Motion Hearing

Aug. 13, 2015

Aug. 13, 2015

PACER
34

NOTICE of Filing by Wesley F. Adams, Jr, Adams & Boyle, P.C. re Motion Hearing, (Attachments: # 1 Attachment Proposed Preliminary Injunction Order)(Toti, Stephanie) (Entered: 08/14/2015)

1 Attachment Proposed Preliminary Injunction Order

View on PACER

Aug. 14, 2015

Aug. 14, 2015

PACER
35

PRELIMINARY INJUNCTION. Signed by Chief Judge Kevin H. Sharp on 8/14/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

Clearinghouse
36

SUMMONS returned executed by Memphis Center for Reproductive Health, Wesley F. Adams, Jr, Adams & Boyle, P.C.. Barry P. Staubus served on 8/17/2015. (Tift, Scott) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
37

SUMMONS returned executed by Memphis Center for Reproductive Health, Wesley F. Adams, Jr, Adams & Boyle, P.C.. Amy Weirich served on 8/17/2015. (Tift, Scott) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
38

MOTION for Long-Distance Counsel to Appear at Initial Case Mangement Conference by Telephone UNOPPOSED by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
39

PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Tift, Scott) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
40

ORDER granting 38 MOTION for Long-Distance Counsel to Appear at Initial Case Mangement Conference by Telephone. Signed by Magistrate Judge E. Clifton Knowles on 8/24/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Initial Case Management Conference held on 8/24/2015. Order to enter. (Recording: 24aug15.) (hv)

Aug. 24, 2015

Aug. 24, 2015

PACER

Case Management Conference

Aug. 24, 2015

Aug. 24, 2015

PACER
41

INITIAL CASE MANAGEMENT ORDER: Bench Trial set for 11/1/2016 09:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp., Pretrial Conference set for 10/17/2016 02:30 PM in Courtroom A826 before Chief Judge Kevin H. Sharp. Amended Pleadings due by 1/15/2016. Discovery due by 5/31/2016. Dispositive Motions due by 6/30/2016. Replies due by 8/4/2016. Signed by Magistrate Judge E. Clifton Knowles on 9/16/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

RECAP
42

NOTICE of Appearance by Alexander Stuart Rieger on behalf of All Defendants (Rieger, Alexander) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
43

ANSWER to 29 Amended Complaint by John Dreyzehner, MD, Glenn R. Funk, Herbert H. Slatery, III, Barry P. Staubus, Amy Weirich, Michael D. Zanolli, MD.(Hart, Steven) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

RECAP

TN BAR STATUS for Atty. Alexander S. Rieger verified as active. (hb)

Sept. 28, 2015

Sept. 28, 2015

PACER

Docket Annotation

Sept. 28, 2015

Sept. 28, 2015

PACER
44

Joint MOTION to Stay by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Attachments: # 1 Attachment Proposed Order Staying Case)(Tift, Scott) (Entered: 12/16/2015)

1 Attachment Proposed Order Staying Case

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Dec. 16, 2015

Dec. 16, 2015

RECAP
45

STAY ORDER: Having considered the Parties' Stipulated Motion to Stay and for good cause shown, the Court finds: That the United States Supreme Court, in Whole Woman's Health v. Cole, 790 F.3d 563 (5th Cir. 2015) (per curiam), modified, 790 F.3d 598 (5th Cir. 2015) (mem.), cert. granted, No. 15-274 (U.S. Nov. 13, 2015), may address how the lower courts should apply the undue burden standard in Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992), to abortion restrictions, including those at issue in this case; and That the standards if addressed by the Supreme Court in Whole Woman's Health may be critical for developing and evaluating the relevant evidence in this case; and That goals of judicial economy and avoidance of unnecessary litigation weigh heavily in favor of a stay pending the Supreme Court's decision in Whole Woman's Health. IT IS THEREFORE ORDERED that all proceedings in this matter, including the Initial Case Management Order and all discovery, are stayed until further Order of this Court. Signed by Chief Judge Kevin H. Sharp on 12/17/2015. (hb) Modified text on 12/17/2015 (hb). (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

RECAP

Docket Annotation

Oct. 13, 2016

Oct. 13, 2016

PACER

Due to the retirement of Magistrate Judge Knowles effective 10/7/16 and pursuant to Administrative Order No. 138 entered on 10/11/16, the magistrate judge now assigned to this case is Magistrate Judge Jeffery S. Frensley. (gb)

Oct. 13, 2016

Oct. 13, 2016

PACER
46

MOTION for attorney(s) Madeline Gomez to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2402871) by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
47

CERTIFICATE OF GOOD STANDING of Attorney Madeline Gomez from the United States District Court for the Southern District of New York filed by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

Annotation - Bar Status

March 17, 2017

March 17, 2017

PACER

NY State Bar status verified as active for Madeline Gomez. (hb)

March 17, 2017

March 17, 2017

PACER
48

ORDER granting 46 Motion for Madeline Gomez to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 3/30/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
49

MOTION for attorney(s) Autumn Katz to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2411723) by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
50

CERTIFICATE OF GOOD STANDING of Attorney Autumn C. Katz from the United States District Court for the Eastern District of New York filed by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER

NY State Bar status verified as active for Autumn Katz. (hb)

March 31, 2017

March 31, 2017

PACER

Annotation - Bar Status

March 31, 2017

March 31, 2017

PACER

Due to the resignation of Chief Judge Kevin H. Sharp and pursuant to Administrative Order Nos. 138 and 24, this case is transferred to the Honorable Judge Bernard A. Friedman, United States District Judge for the Eastern District of Michigan for all purposes. (gb)

April 4, 2017

April 4, 2017

PACER

Add and Terminate Judges

April 4, 2017

April 4, 2017

PACER
51

ORDER granting 49 Motion for Autumn Katz to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 4/5/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
52

ORDER: IT IS ORDERED that the parties submit a joint status report indicating whether the stay may now be lifted and, if so, how much time the parties need to complete discovery. Signed by Senior Judge Bernard A. Friedman on 4/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
53

MOTION to Withdraw as Attorney Ilene Jaroslaw and Stephanie Toti by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
54

ORDER granting 53 Motion to Withdraw as Attorney.. Signed by Magistrate Judge Jeffery S. Frensley on 4/12/2017. (eh) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
55

STATUS REPORT Joint Status Report by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
56

Joint MOTION to Lift Stay and Set a Case Management Conference by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Attachments: # 1 Attachment Proposed Order)(Tift, Scott) (Entered: 04/13/2017)

1 Attachment Proposed Order

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April 13, 2017

April 13, 2017

PACER
57

Joint MOTION to Enter Partial Judgment on Consent by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Attachments: # 1 Attachment Order - Partial Judgment on Consent)(Tift, Scott) (Entered: 04/13/2017)

1 Attachment Order - Partial Judgment on Consent

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April 13, 2017

April 13, 2017

PACER
58

ORDER granting 56 Motion to Lift Stay and Set A Case Management Conference. Signed by Senior Judge Bernard A. Friedman on 4/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
59

ORDER: Case Management Conference set for 4/27/2017 at 10:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 4/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
60

PARTIAL JUDGMENT ON CONSENT Signed by Senior Judge Bernard A. Friedman on 4/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

Clearinghouse
61

MOTION Unopposed Motion For Plaintiffs' Long-Distance Counsel To Participate In Case Management Conference By Telephone by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
62

PROPOSED CASE MANAGEMENT ORDER [PROPOSED] SECOND CASE MANAGEMENT ORDER filed by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Tift, Scott) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
63

ORDER granting 61 MOTION Unopposed Motion For Plaintiffs' Long-Distance Counsel To Participate In Case Management Conference By Telephone. Signed by Magistrate Judge Jeffery S. Frensley on 4/24/2017. (hb) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference held on 4/27/2017. Order to enter. (27APR2017.) (hv)

April 27, 2017

April 27, 2017

PACER

Case Management Conference

April 27, 2017

April 27, 2017

PACER
64

SECOND CASE MANAGEMENT ORDER: Amended Pleadings due by 7/28/2017. Discovery due by 2/28/2018. Motions due by 4/30/2018. Telephone Conference set for 1/25/2018 01:30 PM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 5/9/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
65

MOTION for Leave to File Second Amended Complaint by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health. (Attachments: # 1 Attachment Second Amended Complaint, # 2 Exhibit Exhibit A to Second Amended Complaint, # 3 Exhibit Exhibit B to Second Amended Complaint)(Tift, Scott) (Entered: 07/26/2017)

1 Attachment Second Amended Complaint

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2 Exhibit Exhibit A to Second Amended Complaint

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3 Exhibit Exhibit B to Second Amended Complaint

View on PACER

July 26, 2017

July 26, 2017

PACER
66

NOTICE by Wesley F. Adams, Jr, Adams & Boyle, P.C., Memphis Center for Reproductive Health Notice of Withdrawal of Plaintiff Wesley F. Adams, Jr., M.D. (Tift, Scott) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER

Case Details

State / Territory: Tennessee

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: June 25, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Abortion providers in Tennessee on behalf of their patients

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of Tennesse, State

Commissioner of the Tennessee Department of Health, State

President of the Tennessee Board of Medical Examiners, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - 2021

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Admitting privileges

Mandatory delay

Facility requirements

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

General:

Abortion