Case: Little Rock Family Planning Services v. Rutledge

4:19-cv-00449 | U.S. District Court for the Eastern District of Arkansas

Filed Date: June 26, 2019

Closed Date: Sept. 19, 2022

Clearinghouse coding complete

Case Summary

Consolidated federal lawsuits were prompted by Arkansas state laws that limited the circumstances under which a woman could seek an abortion. The plaintiffs in both cases, abortion-providing facilities in Arkansas and the doctors that worked at them, claimed that Arkansas already regulated abortions to make it safe and that these laws unnecessarily restricted access. Specifically, they alleged that the 18-week ban prevented abortions before viability, the Reason Ban was unconstitutionally vague…

Consolidated federal lawsuits were prompted by Arkansas state laws that limited the circumstances under which a woman could seek an abortion. The plaintiffs in both cases, abortion-providing facilities in Arkansas and the doctors that worked at them, claimed that Arkansas already regulated abortions to make it safe and that these laws unnecessarily restricted access. Specifically, they alleged that the 18-week ban prevented abortions before viability, the Reason Ban was unconstitutionally vague, and the OBGYN requirement needlessly restricted the pool of available abortion providers without providing any scientific benefit to women.

Case Number: 4:15-cv-00784
The first case was filed in the U.S. District Court for the Eastern District of Arkansas on December 28, 2015 by Planned Parenthood of Arkansas and Eastern Oklahoma (“PPAEO”) and Little Rock Family Planning Services (“LRFPS”), two abortion-providing facilities. This suit contested Arkansas Act 577, which was enacted in 2015 and required abortion providers to have a signed contract with a physician who agreed to handle complications and emergencies and who had admitting privileges at a hospital as well as required abortion providers to comply with the requirements listed on the final printed label of an abortion drug. To read more about what happened in this case before it was consolidated with the case below click here.  

Case Number: 4:19-cv-00449
On June 26, 2019, Planned Parenthood of Arkansas and Eastern Oklahoma (“PPAEO”) and Little Rock Family Planning Services (“LRFPS”), two abortion-providing facilities, and two doctors that worked at the clinics filed an additional suit contesting Arkansas’ new laws (Act 493 of 2019, Act 619 of 2019, and Act 700 of 2019). These laws, enacted on April 24, 2019, restricted circumstances under which a woman could request an abortion after 18 weeks gestation, prevented doctors from aborting a fetus if the doctor “has knowledge” that the woman was seeking an abortion solely because the fetus had Down Syndrome (the “Reason Ban”), and barred anyone other than a board-certified obstetrician or gynecologist (“OBGYN”) from performing an abortion. The plaintiffs sued the state of Arkansas, the Arkansas State Medical Board, the Arkansas Department of Health, and two county prosecutors under 42 U.S.C. § 1983 in the U.S. Court for the Eastern District of Arkansas. The plaintiffs, represented by the American Civil Liberties Union and private counsel, sought declaratory and injunctive relief to enjoin the defendants from enforcing the new Arkansas laws.

Along with the complaint, the plaintiffs filed a motion for a temporary restraining order or a preliminary injunction. The plaintiffs sought preliminary and permanent injunctive relief, arguing that the new Arkansas laws violated the Fourteenth Amendment of the U.S. Constitution. The plaintiffs claimed that the new laws in Arkansas unconstitutionally limited access to abortions in that state. The plaintiffs also filed a motion for expedited consolidation with the case Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley, No. 4:15-cv-00784-KGB (E.D. Ark.) on June 26, 2019. The next day, on June 27, 2019, the court granted the plaintiffs’ motion to consolidate the cases, and the case transferred to Judge Kristine G. Baker. The defendants filed a motion for reconsideration of the reassignment of the case to Judge Baker on July 1, 2019. On  July 5, 2019, the district court denied the defendants motion for reconsideration, and Judge Baker remained presiding over the consolidated matter. 2019 WL 2913505.

On July 18, 2019, the defendants filed a motion to dismiss. A few days later, on July 23, 2019, Judge Baker issued a temporary restraining order in favor of the plaintiffs. 398 F.Supp.3d 330. The temporary restraining order enjoined the defendants, and all those acting in concert with them, including their employees, agents, and successors in office, from enforcing Arkansas new laws. The temporary restraining order expired on August 6, 2019. The court kept under advisement the plaintiffs’ request for a preliminary injunction. On August 6, 2019, Judge Baker granted preliminary injunctive relief in favor of the plaintiffs, enjoining the defendants, and all those acting in concert with them, including their employees, agents, and successors in office, from enforcing Arkansas new laws. 397 F. Supp. 3d 1213. The preliminary injunction was to remain in effect until further ordered by the court. The defendants appealed the court’s decision that same day.

On April 3, 2020, the Arkansas Department of Health (“ADH”) issued the ADH Directive, which required that all non-medically necessary surgeries be postponed subject to certain enumerated exceptions. The next day, Arkansas’s then Governor Asa Hutchinson signed an executive order on April 4, 2020, which banned all elective abortions during the COVID-19 crisis, the plaintiffs moved to amend their complaint to include the new ban on April 13, 2020. Along with the motion to amend the complaint, the plaintiffs filed a motion for an ex parte temporary restraining order and/or a motion to dismiss to enjoin the defendants from enforcing the COVID-19 Abortion Ban. On April 14, 2020, Judge Baker issued a temporary restraining enjoining the defendant and all those acting in concert with them, including their employees, agents, and successors in office, from enforcing the COVID-19 Abortion Ban for the two weeks between April 14, 2020 and April 28, 2020. 2020 WL 1862830. The court kept under advisement the plaintiffs’ request for a preliminary injunction. That same day, the plaintiffs filed a supplemental complaint.

On April 15, 2020, the defendants sought appellate review of the district court’s COVID-19 Abortion Ban decision, asking the Eighth Circuit to block the temporary restraining order and halt subsequent emergency relief. The appeals panel of Judges James Loken, Bobby Shepherd, and Ralph Erickson agreed to that request on April 22, 2020, holding that abortions were elective, non-necessary medical procedures that should be halted in a time of medical crisis when personal protective equipment is scarce. 956 F.3d 1018. The Eighth Circuit determined that because the April 3, 2020 ADH Directive was issued in response to the COVID-19 pandemic, even if it was “an outright ban on all pre-viability surgical abortions, it [was] not subject to constitutional challenge unless it ‘[had] no real or substantial relation to’ the public health crisis, or ‘[was], beyond all question, a plain, palpable invasion of’ a woman’s right to elective abortion.” In response to the Eighth Circuit’s decision, Judge Baker vacated on April 22, 2020 the portion of the temporary restraining order issued on April 14, 2020, enjoining the defendant from “enforcing the Challenged Provisions against any providers of surgical abortions in Arkansas to bar all surgical abortions, ‘except where immediately necessary to protect the life or health of the patient.’”

That same day, on April 22, 2020, the plaintiffs filed a motion seeking another ex parte temporary restraining order and/or a preliminary injunction seeking to enjoin the defendants from enforcing the COVID-19 Abortion Ban against patients who would be beyond the legal limit for abortion care when the state of emergency is set to expire in Arkansas. However, on April 27, 2020, the ADH issued a revised directive that permitted elective surgeries under certain conditions. This directive didn’t single out abortion providers or surgical abortions, so it was less restrictive than the April 3, 2020 ADH Directive.

On April 28, 2020, the district court construed a portion of the status report as a request to stay briefing on the motion for a temporary restraining order and/or preliminary injunction.

On May 1, 2020, the plaintiff moved for a temporary restraining order and/or a motion for preliminary injunction. The same day, on May 1, 2020, the court struck the plaintiffs’ supplemental complaint for injunctive and declaratory relief and all other filings related to the supplemental complaint. The court instructed that the supplemental complaint and the related motions for a temporary restraining order and injunctive relief should be filed as a separate action in light of the Eighth Circuit’s decision to deny enjoining the enforcement of the April 3, 2020 ADH Directive. The plaintiffs’ pleadings related to the supplemental complaint for injunctive and declaratory relief were randomly assigned a new docket number (4:20-cv-00470), and the case was assigned to Judge Brian Stacy Miller.

On January 5, 2021, the Eighth Circuit granted plaintiffs’ request for a preliminary injunction enjoining the defendants, and all those acting in concert with them, including their employees, agents, and successors in office, from enforcing Act 493 of 2019, Act 619 of 2019, and Act 700 of 2019. 984 F.3d 682. Moreover, the Eighth Circuit enjoined the defendants from failing to notify immediately all state officials responsible for enforcing the requirements of Act 493 of 2019, Act 619 of 2019, and Act 700 of 2019, about the existence and requirements of the preliminary injunction. The Eighth Circuit held that the preliminary injunction would remain in effect until further ordered by the Eighth Circuit. On April 9, 2021, the plaintiffs filed a writ of certiorari with the Supreme Court. On June 30, 2022, the petition for writ of certiorari was granted by the Supreme Court. The Supreme Court held that the Eighth Circuit’s judgment was vacated, and the case was remanded to the Eighth Circuit for further consideration in light of Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2002). 142 S. Ct. 2894.     

On July 15, 2022, the plaintiffs moved to voluntarily dismiss the case in the district court. On August 1, 2022, the Eighth Circuit vacated its judgment from January 5, 2021 and reopened the case.  On September 15, 2022, the parties filed a joint status report requesting that the district court dismiss the case without prejudice in accordance with the plaintiffs’ motion for voluntary dismissal. On September 19, 2022, the district court dismissed the case. This case is closed.  

Case Number: 4:20-cv-00470
On May 1, 2020, the plaintiff filed a supplemental complaint for injunctive and declaratory relief. Along with the supplemental complaint, the plaintiffs filed a motion for an ex parte temporary restraining order and/or a preliminary injunction. That same day, the plaintiffs filed a motion to substitute the proposed supplemental complaint. On May 3, 2020, the plaintiff filed an amended complaint for injunctive and declaratory relief.
 
On May 7, 2020, Judge Miller granted the plaintiffs’ motion to substitute the proposed supplemental complaint but denied the plaintiffs’ motion for a temporary restraining order. 458 F. Supp. 3d 1065. Based on the Eighth Circuit’s reasoning, Judge Miller found that the April 27, 2020 ADH Directive was much less burdensome for both abortion providers and patients than the April 3, 2020 ADH Directive because it permitted elective surgeries as long as certain precautions were taken, whereas the April 3, 2020 ADH Directive prohibited them altogether. Thus, the plaintiffs could not show the likelihood of the temporary restraining order’s success on the merits.
 
On May 15, 2020, the defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. The plaintiffs filed a motion for voluntary dismissal on May 26, 2020. On June 11, 2020, the court granted the plaintiffs’ motion for voluntary dismissal and dismissed the case without prejudice. This case is now closed.

Summary Authors

Ellen Aldin (6/20/2020)

Tallulah Wick (4/1/2024)

Related Cases

Planned Parenthood of Arkansas and Eastern Oklahoma v. Jegley, Eastern District of Arkansas (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15868060/parties/little-rock-family-planning-services-v-rutledge/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Attorney for Plaintiff

Brownstein, Bettina E. (Arkansas)

Burke, Christopher P (New York)

Attorney for Defendant

Benafield, Julia C (Arkansas)

Bronni, Nicholas Jacob (Arkansas)

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Documents in the Clearinghouse

Document

4:19-cv-00449

Docket [PACER]

June 8, 2020

June 8, 2020

Docket
1

4:19-cv-00449

Complaint for Injunctive and Declaratory Relief

June 26, 2019

June 26, 2019

Complaint
83

4:19-cv-00449

Temporary Restraining Order

July 23, 2019

July 23, 2019

Order/Opinion

398 F.Supp.3d 330

120

4:19-cv-00449

Notice of Appeal

Aug. 6, 2019

Aug. 6, 2019

Pleading / Motion / Brief
119

4:19-cv-00449

Preliminary Injunction

Aug. 6, 2019

Aug. 6, 2019

Order/Opinion
134 (& 134-1 to 134-18), 135

4:19-cv-00449

Plaintiffs' Motion for Ex Parte Temporary Restraining Order and/or Preliminary Injunction

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
141

4:19-cv-00449

Temporary Restraining Order

April 14, 2020

April 14, 2020

Order/Opinion

454 F.Supp.3d 821

142

4:19-cv-00449

First Supplemental Complaint for Injunctive and Declaratory Relief

April 14, 2020

April 14, 2020

Complaint
156

4:19-cv-00449

20-01791

Judgment

In re: Rutledge

U.S. Court of Appeals for the Eighth Circuit

April 22, 2020

April 22, 2020

Order/Opinion
154

4:19-cv-00449

Order

April 22, 2020

April 22, 2020

Order/Opinion

2020 WL 2079224

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15868060/little-rock-family-planning-services-v-rutledge/

Last updated April 2, 2024, 4:01 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants filed by All Plaintiffs (Fee of $400 paid. Receipt Number LIT072757.) (Attachments: # 1 Civil Cover Sheet) (jbh) (Entered: 06/27/2019)

1 Civil Cover Sheet

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June 26, 2019

June 26, 2019

Clearinghouse
2

PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by All Plaintiffs. (jbh) (Redacted Document added as a replacement to the Main Document on 6/28/2019 at the request of the filing party and pursuant to instruction from Chambers) (jak) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
3

PLAINTIFFS' MOTION FOR EXPEDITED CONSOLIDATION OR, IN THE ALTERNATIVE, TO GIVE NOTICE OF A RELATED CASE by All Plaintiffs. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

RECAP
4

BRIEF IN SUPPORT OF PLAINTIFFS' 2 MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION filed by All Plaintiffs. (jbh) (Docket text modified on 6/27/2019 to establish linkage) (jak) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
5

BRIEF IN SUPPORT OF PLAINTIFFS' 3 MOTION FOR EXPEDITED CONSOLIDATION OR, IN THE ALTERNATIVE, TO GIVE NOTICE OF A RELATED CASE filed by All Plaintiffs. (jbh) (Docket text modified on 6/27/2019 to establish linkage) (jak) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
6

PLAINTIFF PLANNED PARENTHOOD OF ARKANSAS & EASTERN OKLAHOMA'S DISCLOSURE UNDER FEDERAL RULE OF CIVIL PROCEDURE 7.1 by Planned Parenthood of Arkansas & Eastern Oklahoma. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
7

PLAINTIFF LITTLE ROCK FAMILY PLANNING SERVICES' DISCLOSURE UNDER FEDERAL RULE OF CIVIL PROCEDURE 7.1 by Little Rock Family Planning Services. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
8

MOTION for Leave to Appear pro hac vice by Meagan Burrows. (Fee of $100 paid. Receipt number LIT072751). Filed by Little Rock Family Planning Services, Thomas Tvedten. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
9

MOTION for Leave to Appear pro hac vice by Leah Godesky. (Fee of $100 paid; receipt number LIT072753). Filed by All Plaintiffs. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
10

MOTION for Leave to Appear pro hac vice by Kendall Turner. (Fee of $100 paid; receipt number LIT072756). Filed by All Plaintiffs. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
11

MOTION for Leave to Appear pro hac vice by Taylor Simeone. (Fee of $100 paid; receipt number LIT072754). Filed by All Plaintiffs. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
12

MOTION for Leave to Appear pro hac vice by Kelly Scavone. (Fee of $100 paid; receipt number LIT072755). Filed by All Plaintiffs. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
13

MOTION for Leave to Appear pro hac vice by Susan Talcott Camp. (Fee of $100 paid; receipt number LIT072752). Filed by Little Rock Family Planning Services, Thomas Tvedten. (jbh) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
14

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 3 Motion to Consolidate Cases. The Clerk of the Court is directed to transfer this case to United States District Judge Kristine Baker for consolidation with case 4:15CV00784-KGB. Signed by Judge Billy Roy Wilson on 6/27/19. (mmb) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
15

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Pursuant to 14 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (jak) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER

Cases associated. Create association to 4:15-cv-00784-KGB per 14 Order. (jak)

June 27, 2019

June 27, 2019

PACER

NOTICE OF DOCKET CORRECTION 4 Brief in Support, 5 Brief in Support. CORRECTION: The docket text for docket entry 4 was modified to establish linkage to 2 Motion for Temporary Restraining Order and or Preliminary Injunction. The docket text for docket entry 5 was modified to establish linkage to 3 Motion for Expedited Consolidation. (jak)

June 27, 2019

June 27, 2019

PACER

Summons Issued as to All Defendants and returned to counsel. (jbh)

June 27, 2019

June 27, 2019

PACER
16

NOTICE OF DOCKET CORRECTION re 2 PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION. CORRECTION: The original document was submitted in error (un-redacted image file). The correct document was substituted as the main document for docket entry 2 based on the request from the filing party and pursuant to instruction from Chambers. (jak) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
17

NOTICE of Appearance by Nicholas Jacob Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
18

NOTICE of Appearance by Vincent Moore Wagner on behalf of All Defendants (Wagner, Vincent) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
19

MOTION to Extend Time for Defendants to Respond to Complaint and Motion for Temporary Restraining Order or Preliminary Injunction, MOTION to Shorten Time for Plaintiffs to Respond to this Motion () by All Defendants (Bronni, Nicholas) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
20

MOTION for Leave to Appear pro hac vice by Maithreyi Ratakonda filed by all Plaintiffs. Fee $100 received. Receipt #LIT072815. (fjg) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
21

ORDER directing plaintiffs to respond to 19 defendants' motion by 5:00 p.m. C.T. on 7/2/2019. Signed by Judge Kristine G. Baker on 7/1/2019. (jbh) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
22

MOTION for Reconsideration re 15 Notice of Reassignment, 14 Order on Motion to Consolidate Cases, Defendants' Expedited Motion to Reconsider Ex Parte Consolidation Order, MOTION to Shorten Time for Plaintiffs to Respond to this Motion () by All Defendants (Bronni, Nicholas) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
23

BRIEF IN SUPPORT re 22 Motion for Reconsideration,, Motion to Shorten Time, and Statement Opposing "Related Case" Designation filed by All Defendants. (Attachments: # 1 Exhibit Exhibit 1)(Bronni, Nicholas) (Entered: 07/01/2019)

1 Exhibit Exhibit 1

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July 1, 2019

July 1, 2019

PACER
24

ORDER directing plaintiffs to respond to defendants' expedited 22 motion to reconsider ex parte consolidation order by 4:00 p.m. C.T. on 7/3/2019. Signed by Judge Kristine G. Baker on 7/2/2019. (jbh) (Docket text modified on 7/3/2019 to establish linkage) (jak) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

RECAP
25

RESPONSE in Opposition re 19 MOTION to Extend Time for Defendants to Respond to Complaint and Motion for Temporary Restraining Order or Preliminary Injunction MOTION to Shorten Time for Plaintiffs to Respond to this Motion filed by All Plaintiffs. (Attachments: # 1 Exhibit Email from Attorney Brioni to Court, # 2 Exhibit Email from Attorney Godesky to Attorney Brioni, # 3 Exhibit Email from Attorney Brioni to Godesky)(Brownstein, Bettina) (Entered: 07/02/2019)

1 Exhibit Email from Attorney Brioni to Court

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2 Exhibit Email from Attorney Godesky to Attorney Brioni

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3 Exhibit Email from Attorney Brioni to Godesky

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July 2, 2019

July 2, 2019

PACER
26

MOTION for Discovery Defendants' Motion for Expedited Prehearing Discovery; and Brief in Support, MOTION to Expedite, MOTION to Shorten Time to Respond to This Motion () by All Defendants (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Bronni, Nicholas) (Entered: 07/02/2019)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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July 2, 2019

July 2, 2019

PACER
27

ORDER granting 8, 9, 10, 11, 12, 13, 20 motions for admission pro hac vice of attorneys Meagan Burrows, Leah Godesky, Kendall Turner, Taylor Simeone, Kelly Scavone, Susan Talcott Camp, and Maithreyi Ratakonda. Signed by Judge Kristine G. Baker on 7/2/2019. (jbh) (Entered: 07/03/2019)

July 2, 2019

July 2, 2019

PACER

NOTICE OF DOCKET CORRECTION re 24 Order. CORRECTION: The docket text was modified to establish linkage to 22 Motion as marked on the Order. (jak)

July 3, 2019

July 3, 2019

PACER
28

RESPONSE in Opposition re 22 MOTION for Reconsideration re 15 Notice of Reassignment, 14 Order on Motion to Consolidate Cases, Defendants' Expedited Motion to Reconsider Ex Parte Consolidation Order MOTION to Shorten Time for Plaintiffs to Respond to this Motion (Plaintiffs' Response To Defendants' Motion For Reconsideration Of The Consolidation Order And Opposition to Plaintiffs' Request For Related-Case Designation) filed by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten. (Attachments: # 1 Exhibit 1)(Godesky, Leah) (Entered: 07/03/2019)

1 Exhibit 1

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July 3, 2019

July 3, 2019

PACER
29

ORDER denying 22 defendants' expedited motion to reconsider ex parte consolidation order. Signed by Judge Kristine G. Baker on 7/5/2019. (jbh) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

RECAP
30

ORDER directing plaintiffs to respond to 26 motion by 12:00 p.m. C.T. on 7/8/2019 and taking under advisement defendants' request for expedited discovery. Signed by Judge Kristine G. Baker on 7/5/2019. (jbh) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

PACER
31

ORDER AND NOTICE OF HEARING denying 19 defendants' request to extend to 7/22/2019, defendants' time to respond to the complaint and to respond to the request for temporary restraining order and/or preliminary injunction; denying 25 plaintiffs' request that the Court, if it grants defendants' request for an extension, also grant plaintiffs' motion for temporary restraining order; and granting 19 defendants' request to conduct a hearing on plaintiffs' motion for a temporary restraining order and/or preliminary injunction on 7/22/2019. A hearing on the motion for temporary restraining order and/or preliminary injunction will be conducted on 7/22/2019, at 9:00 a.m. Parties are directed to exchange copies of exhibits and written lists of witnesses by 12:00 p.m. on 7/18/2019. Rebuttal exhibits and written lists of rebuttal witnesses are due by 12:00 p.m. on 7/19/2019. Objections to the Court's consideration of exhibits are due by 8:00 a.m. on 7/22/2019. Defendants' responsive pleading remains due on 7/18/2019. Defendants' response to plaintiffs' motion for temporary restraining order and/or preliminary injunction is due by 9:00 a.m. C.T. on 7/17/2019. Plaintiffs' reply brief in support of their motion for temporary restraining order and/or preliminary injunction is due by 9:00 a.m. C.T. 7/19/2019. Signed by Judge Kristine G. Baker on 7/5/2019. (jbh) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

RECAP
32

NOTICE of Withdrawal re 2 Motion for Temporary Restraining Order and/or Preliminary Injunction by Stephanie Ho, Planned Parenthood of Arkansas & Eastern Oklahoma. (Attachments: # 1 Declaration of Brandon J. Hill, PhD)(Godesky, Leah)(Docket text mModified on 7/8/2019 to establish linkage) (jak) (Entered: 07/06/2019)

1 Declaration of Brandon J. Hill, PhD

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July 6, 2019

July 6, 2019

PACER

NOTICE OF DOCKET CORRECTION re 32 Notice. CORRECTION: The docket text was modified to establish linkage to 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction. (jak)

July 8, 2019

July 8, 2019

PACER
33

RESPONSE in Opposition re 26 MOTION for Discovery Defendants' Motion for Expedited Prehearing Discovery; and Brief in Support MOTION to Expedite MOTION to Shorten Time to Respond to This Motion filed by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Godesky, Leah) (Entered: 07/08/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 8, 2019

July 8, 2019

PACER
34

ORDER directing the parties to meet and confer regarding any outstanding discovery requests by 12:00 p.m. noon C.T. on Thursday, 7/11/2019; and further directing the parties to file a joint status report by 10:00 a.m. C.T. on Friday, 7/12/2019, describing any outstanding disputes regarding discovery that the parties request the Court resolve. Defendants' 26 motion for expedited prehearing discovery remains under advisement. Signed by Judge Kristine G. Baker on 7/9/2019. (ljb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
35

NOTICE of Appearance by Michael Cantrell on behalf of All Defendants (Cantrell, Michael) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
36

BRIEF IN SUPPORT re 2 Motion for Preliminary Injunction,, Motion for TRO, (Plaintiffs Little Rock Family Planning Services And Dr. Thomas Tvedten's Supplemental Memorandum Of Law In Support Of Their Motion For A Temporary Restraining Order And/Or Preliminary Injunction) filed by Little Rock Family Planning Services, Thomas Tvedten. (Godesky, Leah) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
37

DECLARATION (Supplemental Expert Declaration Of Jason Lindo, Ph.D., In Support Of Plaintiffs' Motion For a Temporary Restraining Order And/Or Preliminary Injunction) by Little Rock Family Planning Services, Thomas Tvedten. re 2 Motion for Preliminary Injunction,, Motion for TRO, filed by Thomas Tvedten, Stephanie Ho, Planned Parenthood of Arkansas & Eastern Oklahoma, Little Rock Family Planning Services. (Godesky, Leah) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

RECAP
38

MOTION to Strike 36 Brief in Support, 37 Declaration, MOTION TO STRIKE OR TO PERMIT DEFENDANTS TIME TO RESPOND TO NEW MOTION FOR TRO/PI by All Defendants (Bronni, Nicholas) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
39

RESPONSE in Opposition re 38 MOTION to Strike 36 Brief in Support, 37 Declaration, MOTION TO STRIKE OR TO PERMIT DEFENDANTS TIME TO RESPOND TO NEW MOTION FOR TRO/PI (Plaintiffs Little Rock Family Planning Services And Dr. Thomas Tvedten's Opposition To Defendants' Motion To Strike) filed by Little Rock Family Planning Services, Thomas Tvedten. (Godesky, Leah) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
40

STATUS REPORT Jointly Filed with Plaintiffs by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs. (Bronni, Nicholas) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
41

ORDER denying 38 motion to strike or request for additional time to respond to plaintiffs' motion for a temporary restraining order/preliminary injunction hearing. Signed by Judge Kristine G. Baker on 7/12/2019. (jbh) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
42

ORDER denying without prejudice 26 motion for expedited prehearing discovery. If they wish to do so, defendants may renew their motion for expedited discovery after the hearing set for 7/22/2019. Signed by Judge Kristine G. Baker on 7/15/2019. (ljb) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
43

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by All Defendants. (Cantrell, Michael) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
44

ADDENDUM filed by Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs to 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit A1 to A10, # 2 Exhibit A11 to A20, # 3 Exhibit A21 to A28)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit A1 to A10

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2 Exhibit A11 to A20

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3 Exhibit A21 to A28

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July 17, 2019

July 17, 2019

PACER
45

ADDENDUM filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs to 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit B1 to B10, # 2 Exhibit B11 to B20, # 3 Exhibit B21 to B30)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit B1 to B10

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2 Exhibit B11 to B20

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3 Exhibit B21 to B30

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July 17, 2019

July 17, 2019

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46

ADDENDUM filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs to 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit B31 to B41, # 2 Exhibit B53 to B59)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit B31 to B41

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2 Exhibit B53 to B59

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July 17, 2019

July 17, 2019

PACER
47

ADDENDUM filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs (Attachments: # 1 Exhibit C1 to C10)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit C1 to C10

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July 17, 2019

July 17, 2019

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48

ADDENDUM filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs to 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit F1 to F10)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit F1 to F10

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July 17, 2019

July 17, 2019

PACER
49

ADDENDUM filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs to 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit G1 Decl. of Allan Parker with 15 affidavits of women hurt by abortion, # 2 Exhibit G2 Decl. of Millie Lace, # 3 Exhibit G3 Decl. of Mischa Martin, # 4 Exhibit G4 Decl. of Kristie Hayes, # 5 Exhibit G5 Decl. of Mary Silfies, # 6 Exhibit G6 Decl. of Kathi Aultman, # 7 Exhibit G7 Decl of Donna Harrison, # 8 Exhibit G8 Decl. of Tumulesh Solanky, # 9 Exhibit G9 Planned Parenthood Moving Ark Dem Gaz, # 10 Exhibit H2 Decl. of Judy McGruder)(Cantrell, Michael) (Entered: 07/17/2019)

1 Exhibit G1 Decl. of Allan Parker with 15 affidavits of women hurt by abortion

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2 Exhibit G2 Decl. of Millie Lace

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3 Exhibit G3 Decl. of Mischa Martin

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4 Exhibit G4 Decl. of Kristie Hayes

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5 Exhibit G5 Decl. of Mary Silfies

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6 Exhibit G6 Decl. of Kathi Aultman

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7 Exhibit G7 Decl of Donna Harrison

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8 Exhibit G8 Decl. of Tumulesh Solanky

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9 Exhibit G9 Planned Parenthood Moving Ark Dem Gaz

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10 Exhibit H2 Decl. of Judy McGruder

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July 17, 2019

July 17, 2019

PACER
50

NOTICE by All Defendants re 43 Response in Opposition to Motion NOTICE OF EXHIBITS FILED CONVENTIONALLY (Cantrell, Michael) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
51

NOTICE of Filing of Exhibits re 49 Addendum Attachment 10 Exhibit H2 Declaration of Judy McGruder filed by All Defendants. H1 Lucas DVD and H2 Judy's Story DVD filed conventionally and maintained in the Clerk's office. (fjg) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
52

NOTICE of Appearance by Jennifer L. Merritt on behalf of All Defendants (Merritt, Jennifer) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
53

EXHIBITS to 43 Response in Opposition to Motion filed by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs. (Attachments: # 1 Exhibit B42 - B52, # 2 Exhibit C11 - C14, # 3 Exhibit D1 - D6, # 4 Exhibit E1 - E6, # 5 Exhibit F11 - F18)(fjg) (Entered: 07/17/2019)

1 Exhibit B42 - B52

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2 Exhibit C11 - C14

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3 Exhibit D1 - D6

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4 Exhibit E1 - E6

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5 Exhibit F11 - F18

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July 17, 2019

July 17, 2019

PACER
54

Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs.(Bronni, Nicholas) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
55

Witness List by Little Rock Family Planning Services, Thomas Tvedten (Attachments: # 1 Exhibit A - Exhibit List)(Godesky, Leah) (Entered: 07/18/2019)

1 Exhibit A - Exhibit List

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July 18, 2019

July 18, 2019

PACER
56

Second MOTION for Discovery Defendants' Renewed Motion for Expedited Prehearing Discovery, or Alternatively to Strike the Declarations of Jason Lindo; and Brief in Support, MOTION to Shorten Time to Respond to this Motion () by All Defendants (Attachments: # 1 Exhibit Attachment 1)(Bronni, Nicholas) (Entered: 07/18/2019)

1 Exhibit Attachment 1

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July 18, 2019

July 18, 2019

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57

MOTION to Dismiss by All Defendants (Cantrell, Michael) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

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58

BRIEF IN SUPPORT re 57 Motion to Dismiss filed by All Defendants. (Cantrell, Michael) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

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59

NOTICE re 56 motion that the Court will hold a conference with the parties via telephone on Friday, 7/19/2019, at 2:00 p.m. C.T. Signed by Judge Kristine G. Baker on 7/18/2019. (ljb) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

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60

RESPONSE in Opposition re 56 Second MOTION for Discovery Defendants' Renewed Motion for Expedited Prehearing Discovery, or Alternatively to Strike the Declarations of Jason Lindo; and Brief in Support MOTION to Shorten Time to Respond to this Motion (Supplemental Opposition to Motion for Expedited Discovery and Cross Motion for a Protective Order) filed by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Godesky, Leah) (Entered: 07/18/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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July 18, 2019

July 18, 2019

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61

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Reply In Support of Plaintiffs' Motion For A Temporary Restraining Order And/Or Preliminary Injunction) filed by Little Rock Family Planning Services, Thomas Tvedten. (Godesky, Leah) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
62

DECLARATION (Supplemental Declaration Of Brandon J. Hill, PhD) by Little Rock Family Planning Services, Thomas Tvedten. re 2 Motion for Preliminary Injunction,, Motion for TRO, filed by Thomas Tvedten, Stephanie Ho, Planned Parenthood of Arkansas & Eastern Oklahoma, Little Rock Family Planning Services. (Attachments: # 1 Rebuttal Declaration Of Linda W. Prine, M.D., # 2 Rebuttal Expert Declaration Of Jason Lindo, PH. D.)(Godesky, Leah) (Entered: 07/19/2019)

1 Rebuttal Declaration Of Linda W. Prine, M.D.

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2 Rebuttal Expert Declaration Of Jason Lindo, PH. D.

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July 19, 2019

July 19, 2019

PACER
63

DECLARATION of Christopher Attig by Little Rock Family Planning Services, Thomas Tvedten. re 2 Motion for Preliminary Injunction,, Motion for TRO, filed by Thomas Tvedten, Stephanie Ho, Planned Parenthood of Arkansas & Eastern Oklahoma, Little Rock Family Planning Services. (Godesky, Leah) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
64

ORDER - COURTROOM AND MEDIA PROTOCOL regarding the hearing to begin on 7/22/2019. Signed by Judge Kristine G. Baker on 7/19/2019. (ljb) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

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65

Witness List by Little Rock Family Planning Services, Thomas Tvedten(Godesky, Leah) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
66

Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs.(Bronni, Nicholas) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
67

NOTICE of Appearance by Julia C. Benafield on behalf of All Defendants (Benafield, Julia) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
68

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 7/19/2019 re 56 Second MOTION for Discovery, Defendants' Renewed Motion for Expedited Prehearing Discovery, or Alternatively to Strike the Declarations of Jason Lindo; and Brief in Support MOTION to Shorten Time to Respond to this Motion filed by Brian T Hyatt, et al. After arguments from counsel, the Court issued a ruling and will enter a separate written order. (Present for plaintiffs: Leah Godesky and Bettina Brownstein; Present for defendants: Vincent Wagner and Nicholas Bronni)(Court Reporter Elaine Hinson) (tmw) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
69

PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 7/19/2019. (ljb) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

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70

ORDER allowing the following individuals to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas on 7/22/2019 for a hearing in this case: Meagan Burrows, Leah Godesky, Kelly Scavone, Taylor Simeone, Mai Ratakonda, Francesa Riggione, Elizabeth Drew, Toni Hamp, Donna J. Harrison, M.D., Kathi Aultman, M.D., Tumulesh K.S. Solanky, Ph.D., and Judy McGruder. Signed by Judge Kristine G. Baker on 7/19/2019. (jak) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

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71

ORDER denying without prejudice 56 defendants' renewed motion for expedited prehearing discovery. Signed by Judge Kristine G. Baker on 7/19/2019. (ljb) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

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72

NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

PACER
73

DECLARATION REBUTTAL DECLARATION OF DR. KATHI AULTMAN AND EXHIBITS A29 TO A43 & H3 TO H4 by Omar T Atiq, Rhys L Branman, Robert Breving, Jr, Matt Durrett, Rodney Griffin, Veryl D Hodges, Marie Holder, Brian T Hyatt, Larry Jegley, Larry D Lovell, Timothy C Paden, Don R Phillips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, Nathaniel Smith, David L Staggs. (Cantrell, Michael) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

PACER
74

Witness List by Little Rock Family Planning Services(Godesky, Leah) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

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75

MOTION to Strike Certain Declarations and Attachments Thereto by Little Rock Family Planning Services, Thomas Tvedten (Attachments: # 1 Memorandum of Law in Support)(Godesky, Leah) (Entered: 07/21/2019)

1 Memorandum of Law in Support

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July 21, 2019

July 21, 2019

PACER
76

MOTION to Strike 61 Reply to Response to Motion, 63 Declaration, 62 Declaration, Motion to Strike Belatedly Filed Supplemental Declarations; Motion to Strike Reply Brief by All Defendants (Jacobs, Dylan) (Entered: 07/22/2019)

July 21, 2019

July 21, 2019

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77

ORDER authorizing Dr. Janet Cathey, Dr. Tom Tvedten, Dr. Frederick Hopkins, Dr. Jason Lindo, Dr. Linda Prine, and Lori Williams to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, on Monday, 7/22/2019, subject to the rules in this order. Signed by Judge Kristine G. Baker on 7/22/2019. (jbh) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

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78

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 7/22/2019 re 2 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order filed by Plaintiffs. After arguments from counsel and witness testimony, the Court took the matter under advisement. A separate written order will be entered. (Present for plaintiffs: Leah Godesky, Kelly Scavone, Taylor Simeone, Megan Burrows, Maithreyi Ratakonda and Bettina Brownstein; Present for defendants: Jennifer Merritt, Nicolas Bronni, Dylan Jacobs, Julia Benafield, Michael Cantrell, and Vincent Wagner) (Court Reporters Elaine Hinson, Judy Ammons, and Christa Jacimore) (tmw) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
79

NOTICE by Little Rock Family Planning Services, Thomas Tvedten re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Notice Of Correction Of The Record) (Attachments: # 1 Declaration of Jason Lindo, PH. D.)(Godesky, Leah) (Entered: 07/23/2019)

1 Declaration of Jason Lindo, PH. D.

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July 23, 2019

July 23, 2019

PACER
80

MOTION to Strike 79 Notice (Other), Motion to Strike Latest Lindo Declaration and for Other Relief by All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bronni, Nicholas) (Entered: 07/23/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 23, 2019

July 23, 2019

PACER
81

SEALED EXHIBITS. (fjg) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
82

RESPONSE in Opposition re 80 MOTION to Strike 79 Notice (Other), Motion to Strike Latest Lindo Declaration and for Other Relief filed by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten. (Attachments: # 1 Exhibit 1)(Godesky, Leah) (Entered: 07/23/2019)

1 Exhibit 1

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July 23, 2019

July 23, 2019

PACER
83

TEMPORARY RESTRAINING ORDER granting 2 plaintiffs' motion for a temporary restraining order and/or preliminary injunction to the extent the motion seeks a temporary restraining order, and denying 75 and 76 motions to strike. This Order shall expire on 8/6/2019 at 11:45 p.m. Signed by Judge Kristine G. Baker on 7/23/2019. (thd) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

Clearinghouse
84

TRANSCRIPT of Hearing on Motion for Temporary Restraining Order/Preliminary Injunction held on 7/22/2019, before Judge Kristine G. Baker. Court Reporters Elaine Hinson, Judy Ammons, and Christa Jacimore. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 8/1/2019. Redaction Request due 8/15/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/23/2019. (fcd) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
85

TRANSCRIPT of Telephone Conference held on 7/19/2019, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 8/1/2019. Redaction Request due 8/15/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/23/2019. (fcd) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
86

MOTION for Discovery Motion for Expedited Preliminary-Injunction-Proceeding Discovery, MOTION to Shorten Time () by All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jacobs, Dylan) (Entered: 07/25/2019)

1 Exhibit A

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2 Exhibit B

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July 25, 2019

July 25, 2019

PACER
87

ORDER denying defendants' request to shorten plaintiffs' time to respond to the motion to dismiss. The merits of defendants' motion to dismiss remain under advisement, No. 57 . Signed by Judge Kristine G. Baker on 7/26/2019. (jbh) (Docket text modified on 7/29/2019 to correct the description of the document filed)(jak) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
88

ORDER setting briefing schedule with respect to plaintiffs' request for a preliminary injunction. Signed by Judge Kristine G. Baker on 7/26/2019. (jbh) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

RECAP
89

ORDER directing plaintiffs to respond to 86 defendant's motion by 12:00 p.m. noon C.T. on Monday, 7/29/2019. Signed by Judge Kristine G. Baker on 7/26/2019. (jbh) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

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90

Emergency MOTION to Enforce (Plaintiffs' Emergency Motion For An Order Enforcing Plaintiffs' Confidentiality Designations And Imposing Sanctions) by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten (Attachments: # 1 Exhibit 1)(Godesky, Leah) (Entered: 07/29/2019)

1 Exhibit 1

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July 29, 2019

July 29, 2019

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91

NOTICE OF HEARING on 90 plaintiffs' emergency motion for an order enforcing plaintiffs' confidentiality designations and imposing sanctions: Hearing set for 7/29/2019 at 11:00 AM in Courtroom #4C before Judge Kristine G. Baker. The Court specifically directs that attorney Michael Cantrell be present on behalf of defendants. A representative for plaintiffs must also be present. (jbh) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

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92

RESPONSE in Opposition re 86 MOTION for Discovery Motion for Expedited Preliminary-Injunction-Proceeding Discovery MOTION to Shorten Time (LRFP Plaintiffs' Opposition To Defendants' Motion For Expedited Preliminary-Injunction-Proceeding Discovery And Motion To Quash Jegley Deposition Notice) filed by Stephanie Ho, Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Thomas Tvedten. (Attachments: # 1 Exhibit 1)(Godesky, Leah) (Entered: 07/29/2019)

1 Exhibit 1

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July 29, 2019

July 29, 2019

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93

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 7/29/2019 re 90 Emergency MOTION to Enforce (Plaintiffs' Emergency Motion For An Order Enforcing Plaintiffs' Confidentiality Designations And Imposing Sanctions) filed by Little Rock Family Planning Services, et al. After arguments from counsel, the Court took the matter under advisement. A separate written order will be entered. (Present for plaintiff: Bettina Brownstein, Lea Godesky, Mai Ratakonda, Meagan Burrows, Susan Camp; Present for defendants: Michael Cantrell, Nicolas Bronni and Dylan Jacobs) (Court Reporter Margie Kruse) (tmw) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER

NOTICE OF DOCKET CORRECTION re 87 Order. CORRECTION: The docket text was modified to correct the description of the document filed as "ORDER denying defendants' request to shorten plaintiffs' time to respond to the motion to dismiss. The merits of defendants' motion to dismiss remain under advisement, No. 57 ". (jak)

July 29, 2019

July 29, 2019

PACER
94

ORDER declining to incorporate all the exhibits from Planned Parenthood Arkansas and Eastern Oklahoma v. Jegley, Case No. 4:15-cv-00784-KGB, into the record in this case; and taking under advisement 86 defendants' motion for expedited preliminary-injunction-proceeding discovery. Signed by Judge Kristine G. Baker on 7/29/2019. (jbh) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

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Case Details

State / Territory: Arkansas

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 26, 2019

Closing Date: Sept. 19, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several for-profit and non-profit firms in Arkansas that offer medical and surgical abortions, and two physicians who work there.

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

Arkansas Department of Health, State

Prosecuting Attorney of Pulaski County (Pulaski), County

Prosecuting Attorney of Washington County (Washington), County

Arkansas State Medical Board, State

Defendant Type(s):

Law-enforcement

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

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