Case: Robinson v. Marshall

2:19-cv-00365 | U.S. District Court for the Middle District of Alabama

Filed Date: May 24, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In response to the COVID-19 crisis, on March 27, 2020 the State Public Health Officer issued an emergency order restricting any medical or surgical procedure except those necessary to treat an “emergency medical condition,” including abortion. On March 30, the plaintiffs challenged the Order and requested an emergency temporary restraining order (TRO) and preliminary injunction to block enforcement. The court granted a limited TRO. On April 12, the court granted the preliminar…

COVID-19 Summary: In response to the COVID-19 crisis, on March 27, 2020 the State Public Health Officer issued an emergency order restricting any medical or surgical procedure except those necessary to treat an “emergency medical condition,” including abortion. On March 30, the plaintiffs challenged the Order and requested an emergency temporary restraining order (TRO) and preliminary injunction to block enforcement. The court granted a limited TRO. On April 12, the court granted the preliminary injunction in part. The defendants appealed the preliminary injunction to the Eleventh Circuit. On May 5, the parties submitted a joint motion to the Eleventh Circuit to dismiss the appeal of the preliminary injunction, which was granted the same day. The parties agreed that the preliminary injunction had become moot as it was tied to the "medical restrictions" language, which had since been lifted. The court ordered the preliminary injunction to be dissolved as moot on May 18.


On May 24, 2019, all abortion providers in Alabama filed this lawsuit in the U.S. District Court for the Middle District of Alabama on behalf of themselves and their patients. The plaintiffs sued the Alabama Attorney General, the State Health Officer of the Alabama Department of Public Health (ADPH), the District Attorneys of Madison, Jefferson, Mobile, Montgomery, and Tuscaloosa counties, the Chairman of the AL Board of Medical Examiners, and the Chairman of the Medical Licensure Commission of Alabama in their official capacities under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, ACLU of Alabama, and Planned Parenthood sought to enjoin enforcement of H.B. 314, a bill that banned nearly all abortions in the state, and to have the bill declared unconstitutional. The plaintiffs claimed that H.B. 314 violated the rights of liberty and privacy secured to their patients by the Due Process Clause of the Fourteenth Amendment. Specifically, they claimed that enforcement of the law would effectively prevent plaintiffs’ patients from obtaining legal abortion in Alabama, in violation Roe v. Wade and more than four decades of Supreme Court precedent affirming its central holding.

The case was assigned to District Court Judge Myron H. Thompson. On June 21, 2019, the plaintiffs moved for a preliminary injunction to prevent the law from taking effect in November. Judge Thompson granted the motion for a preliminary injunction on October 29, 2019 and ordered the injunction to remain in effect until the district court resolved the case in full. 415 F.Supp.3d 1053.

In response to the COVID-19 crisis, the State Public Health Officer began issuing a series of emergency orders restricting “elective” medical procedures on March 19, 2020. On March 27, the State Public Health Officer issued another order prohibiting any medical or surgical procedure except those necessary to treat an “emergency medical condition” or to “avoid serious harm from an underlying condition.” Each medical or surgical procedure performed in violation of the March 27 Order was considered a misdemeanor. The Attorney General issued guidance encouraging prosecution of violations and took the position that the order prohibits some unknown quantity of pre-viability abortions.

To avoid risk of criminal and licensure penalties, the plaintiffs stopped performing pre-viability abortions. As a result, the actions of the Attorney General and ADPH effectively nullified the relief granted by the October 2019 preliminary injunction.

On March 30, 2020, the plaintiffs moved to supplement their complaint to challenge the March 27 Order and also moved for an emergency temporary restraining order (TRO) blocking enforcement of the March 27 order. Judge Thompson granted the motion for leave to file a supplemental complaint, and the plaintiffs filed an amended complaint the same day. Judge Thompson also granted the TRO, enjoining enforcement of the order, but promised to reconsider upon the submission of defendants’ written arguments. 2020 WL 1520243.

On April 1, the defendants moved to dissolve the TRO and on April 2, they appealed the order granting the TRO to the Eleventh Circuit and moved to stay the TRO pending appeal.

After a telephone conference, Judge Thompson limited the TRO in part on April 3, 2020. 2020 WL 1659700. The defendants clarified in the hearing that the order allowed providers to exercise their reasonable medical judgment to protect the right to terminate a pregnancy and the safety of their patients, while also “acknowledg[ing] that abortion providers and their patients must share the societal burden caused by COVID-19.” Specifically, providers should determine if the abortion can be delayed in a healthy way during the enforcement of the order. Consistent with these clarifications, Judge Thompson determined that the initial TRO was too sweeping and granted the stay to the extent that these clarifications are adopted.

On April 5, Judge Thompson ordered each party to file and share with opposing counsel a list of witnesses (along with a brief summary of anticipated testimony), and a list of exhibits they intended to have admitted. The next day, Judge Thompson held a motion hearing regarding the TRO and the preliminary injunction. The defendants’ appeal was also dismissed that day pursuant to the parties’ joint motion for voluntary dismissal.

Judge Thompson granted the preliminary injunction in part on April 12, after finding that it was substantially likely that the medical restrictions--when interpreted to allow only those abortions necessary to protect the life and health of the mother--were unconstitutional because they posed a substantial obstacle to obtaining an abortion for many women in Alabama. Rather than enjoin the medical restrictions in full, the court enjoined them only to prevent those applications of medical restrictions that are inconsistent with the Constitution. To the extent that the restriction is read to allow a provider to consider whether a patient’s abortion must proceed as scheduled, it would not constitute an unlawful prohibition. Essentially, the then-most recent representation made by the defendants were reduced to an order and the State Health Order was enjoined only to the extent that it is applied in a fashion inconsistent with those representations. 2020 WL 1847128. The same day, defendants appealed the preliminary injunction to the Eleventh Circuit.

On April 16th, the district court overruled the objections to the order granting the motion for leave to file a supplemental complaint. 2020 WL 1892578. The defendants moved for an emergency stay pending appeal in the Eleventh Circuit and on April 17th, moved to expedite the merits appeal.

On April 23rd, Judge Jordan for the Eleventh Circuit (Circuit Judges Martin, Jordan, and Rosenbaum) denied the motion for a stay. 2020 WL 1952370.

On May 5, the parties submitted a joint motion to the Eleventh Circuit to dismiss the appeal of the preliminary injunction, which was granted the same day. In a joint status report on May 15, the parties agreed that the preliminary injunction has become moot as it was tied to the "medical restrictions" language, which had since been lifted. The defendants represented that they had no intention to impose restrictions on dental, medical, or surgical procedures in future emergency orders. The court ordered the preliminary injunction to be dissolved as moot on May 18.

The parties submitted a notice of stipulated partial dismissal relating to the "medical restrictions" language on May 21, and the court dismissed that portion of the complaint on May 22. The partial motion to dismiss was also denied as moot.

On June 2, the parties submitted a joint motion to dismiss the State Health Officer, on the condition that he and his employees, agents, and successors in the office agree to be bound by the terms of any injunctive or declaratory and/or other relief issued against the other defendants in the case, but not for any monetary relief. The motion was granted on June 8.

The plaintiffs were then directed by the court to identifying outstanding issues relating to their challenge on July 6. The plaintiffs responded on August 3 and argued that (1) the Act’s pre- and post-viability applications were not severable; (2) the Act’s post-viability application was constitutionally infirm and, (3) the plaintiffs had standing to assert the constitutional rights of their patients.

On August 11, the parties submitted a joint motion for entry of order concerning costs and attorney's fees, after coming to an agreement that the State of Alabama would pay the plaintiffs' attorneys $451,351.60. The motion was granted the same day.

The case is ongoing.

Summary Authors

Claire Shimberg (5/2/2020)

Averyn Lee (9/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15705104/parties/robinson-v-marshall/


Judge(s)

Adams, Jerusha Tatiana (Alabama)

Jordan, Adalberto Jose (Florida)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Boone, Brock (Alabama)

Burrows, Meagan (New York)

Flaxman, Carrie Y. (District of Columbia)

Kolbi-Molinas, Alexa Rebecca (New York)

Lambiase, Susan (New York)

Marshall, Randall C. (Alabama)

Attorneys(s) for Defendant

Billingsley, Dana Helton (Alabama)

Judge(s)

Adams, Jerusha Tatiana (Alabama)

Jordan, Adalberto Jose (Florida)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Boone, Brock (Alabama)

Burrows, Meagan (New York)

Flaxman, Carrie Y. (District of Columbia)

Kolbi-Molinas, Alexa Rebecca (New York)

Lambiase, Susan (New York)

Marshall, Randall C. (Alabama)

Attorneys(s) for Defendant

Billingsley, Dana Helton (Alabama)

Bowdre, Alexander Barrett (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Hale, Phillip Brian (Alabama)

Hunter, Eric Wilson (Alabama)

Lacour, Edward Gerard (Alabama)

Marshall [inactive], Steve (Alabama)

Mills, Wallace Damon (Alabama)

Segall, Robert D. (Alabama)

Smith, Brenton Merrill (Alabama)

Other Attorney(s)

Cohen, Marcia S. (Florida)

Murrill, Elizabeth Baker (Louisiana)

St. John, Joseph S (Louisiana)

Taylor, Bryan McDaniel (Alabama)

Expert/Monitor/Master

Harris, Scott (Alabama)

Documents in the Clearinghouse

Document

2:19-cv-00365

20-11401

20-11270

Docket

Aug. 12, 2020

Aug. 12, 2020

Docket
1 (& 1-1 to 1-3)

2:19-cv-00365

Verified Complaint For Declaratory and Injunctive Relief

May 24, 2019

May 24, 2019

Complaint
68

2:19-cv-00365

Opinion

Oct. 29, 2019

Oct. 29, 2019

Order/Opinion
83

2:19-cv-00365

Temporary Restraining Order

March 30, 2020

March 30, 2020

Order/Opinion
73, 73-1, 73-2

2:19-cv-00365

Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
79, 79-1

2:19-cv-00365

First Amended Complaint

March 30, 2020

March 30, 2020

Complaint
111

2:19-cv-00365

Opinion and Order

2020 WL 1659700

April 3, 2020

April 3, 2020

Order/Opinion
137

2:19-cv-00365

Opinion

454 F.Supp.3d 1188

April 12, 2020

April 12, 2020

Order/Opinion
152

20-11401

Order

Robinson v. Attorney General

U. S. Court of Appeals for the Eleventh Circuit

957 F.3d 1171

April 23, 2020

April 23, 2020

Order/Opinion
157

2:19-cv-00365

Brief in Support of Defendants' Partial Motion to Dismiss

April 27, 2020

April 27, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15705104/robinson-v-marshall/

Last updated Aug. 7, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT for Declaratory and Injunctive Relief against Daryl D. Bailey, Robert L. Broussard, Danny Carr, Scott Harris, Mark H. LeQuire, Steven Marshall, Ashley Rich, James H. Walburn, & Hays Webb, filed by Planned Parenthood Southeast Inc., West Alabama Women's Center, Yashica Robinson, Reproductive Health Services, & Alabama Women's Center. ( Filing fee $400 receipt number 4602053655.) (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Receipt)(am, ) (Entered: 05/24/2019)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

3 Receipt

View on PACER

May 24, 2019

May 24, 2019

RECAP
2

Conflict Disclosure Statement filed by Planned Parenthood Southeast Inc. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
3

Conflict Disclosure Statement filed by Reproductive Health Services. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
4

Conflict Disclosure Statement filed by West Alabama Women's Center. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
5

Conflict Disclosure Statement filed by Yashica Robinson. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
6

Conflict Disclosure Statement filed by Alabama Women's Center. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
7

Summons Issued as to Daryl D. Bailey, Robert L. Broussard, Danny Carr, Scott Harris, Mark H. LeQuire, Steven Marshall, Ashley Rich, James H. Walburn, Hays Webb and mailed CMRRR w/copy of 1 Complaint. (am, ) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
8

Return Receipt Card showing service of summons & complaint signed by Kimie Bush for Mark H. LeQuire served on 5/28/2019, answer due 6/18/2019. (djy, ) (Entered: 05/31/2019)

May 30, 2019

May 30, 2019

PACER
9

Return Receipt Card showing service of summons & complaint signed by Kimie Bush for James H. Walburn served on 5/28/2019, answer due 6/18/2019. (djy, ) (Entered: 05/31/2019)

May 30, 2019

May 30, 2019

PACER
10

Return Receipt Card showing service of summons & complaint signed by Cheryle Franks for Hays Webb served on 5/28/2019, answer due 6/18/2019. (djy, ) (Entered: 05/31/2019)

May 30, 2019

May 30, 2019

PACER
11

Return Receipt Card showing service of summons & complaint signed by J. Braddock for Danny Carr served on 5/28/2019, answer due 6/18/2019. (djy, ) (Entered: 05/31/2019)

May 30, 2019

May 30, 2019

PACER
12

Return Receipt Card showing service of summons & complaint signed by W. Myrick for Scott Harris served on 5/29/2019, answer due 6/19/2019. (djy, ) (Entered: 05/31/2019)

May 30, 2019

May 30, 2019

PACER
13

Motion for Alexa Kolbi-Olinas to Appear Pro Hac Vice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 5/31/2019 to include name of attorney (qc/djy, ). (Entered: 05/31/2019)

1 Exhibit Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

May 31, 2019

May 31, 2019

PACER
14

Motion for Meagan Burrows to Appear Pro Hac Vice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 5/31/2019 to include name of attorney (qc/djy, ). (Entered: 05/31/2019)

1 Exhibit Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

May 31, 2019

May 31, 2019

PACER
15

Motion for Carrie Flaxman to Appear Pro Hac Vice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 5/31/2019 to include name of attorney (qc/djy, ). (Entered: 05/31/2019)

1 Exhibit Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

May 31, 2019

May 31, 2019

PACER
16

NOTICE of Appearance by Dana Helton Billingsley on behalf of Scott Harris (Billingsley, Dana) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
17

Filing fee received for Alexa Kolbi-Olinas re: 13 motion appear pro hac vice: $ 50.00, receipt number 4602053706 (djy, ). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
18

Filing fee received for Meagan Burrows re: 14 motion appear pro hac vice: Filing fee: $ 50.00, receipt number 4602053707 (djy, ) Modified on 5/31/2019 to clarify text to reflect as re: 14 motion (qc/djy, ). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
19

Received pro hac vice Filing fee for Carrie Flaxman re: 15 motion: $ 50.00, receipt number 4602053708 (djy, ) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
20

ORDER granting 13, 14, and 15 Motions for Leave to Appear Pro Hac Vice by attorneys Flaxman, Burrows, and Kolbi-Olinas. Signed by Honorable Judge Myron H. Thompson on 5/31/19. (djy, ) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER

***Attorney Carrie Y. Flaxman for Alabama Women's Center,Carrie Y. Flaxman for Reproductive Health Services,Carrie Y. Flaxman for Yashica Robinson,Carrie Y. Flaxman for West Alabama Women's Center added pursuant to 15 motion to appear pro hac vice (NO PDF document attached to this notice). (djy, )

May 31, 2019

May 31, 2019

PACER
26

Return Receipt Card showing service of summons & complaint signed by Pam Crowe for Ashley Rich served on 5/29/2019, answer due 6/19/2019. (djy, ) (Entered: 06/04/2019)

May 31, 2019

May 31, 2019

PACER
27

Return Receipt Card showing service of summons & complaint signed by Suzy Vinson for Robert L. Broussard served on 5/29/2019, answer due 6/19/2019. (djy, ) (Entered: 06/04/2019)

May 31, 2019

May 31, 2019

PACER

***Attorney Phillip Brian Hale for Scott Harris added pursuant to 16 notice (NO PDF document attached to this notice). (djy, )

May 31, 2019

May 31, 2019

PACER
21

NOTICE of Appearance by Robert David Segall on behalf of Daryl D. Bailey, Danny Carr (Segall, Robert) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
22

Joint MOTION to Dismiss def Carr Without Prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/6/2019 to clarify text to reflect as also filed on behalf of Daryl Bailey and Danny Carr (qc/djy, ). (Entered: 06/03/2019)

1 Text of Proposed Order

View on PACER

June 3, 2019

June 3, 2019

PACER
23

Joint MOTION to Dismiss def Bailey Without Prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/6/2019 to clarify text to reflect as also filed on behalf of Danny Carr & Daryl Bailey (qc/djy, ). (Entered: 06/03/2019)

1 Text of Proposed Order

View on PACER

June 3, 2019

June 3, 2019

PACER
24

Joint MOTION to Dismiss def Harris Without Prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/6/2019 to clarify text to reflect as also filed on behalf of def Scott Harris (qc/djy, ). (Entered: 06/03/2019)

1 Text of Proposed Order

View on PACER

June 3, 2019

June 3, 2019

PACER
25

NOTICE of Appearance by Eric Wilson Hunter on behalf of Mark H. LeQuire (Hunter, Eric) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
28

Joint MOTION to Dismiss Defendant LeQuire Without Prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/6/2019 to clarify text to reflect as also filed on behalf of Mark LeQuire (qc/djy, ). (Entered: 06/05/2019)

1 Text of Proposed Order

View on PACER

June 5, 2019

June 5, 2019

PACER
29

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Danny Carr; Corporate Disclosures due by 6/17/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 06/06/2019)

1 standing order & format

View on PACER

June 6, 2019

June 6, 2019

PACER
30

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Daryl Bailey; Corporate Disclosures due by 6/17/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 06/06/2019)

1 standing order & format

View on PACER

June 6, 2019

June 6, 2019

PACER
31

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Mark LeQuire; Corporate Disclosures due by 6/17/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 06/06/2019)

1 standing order & format

View on PACER

June 6, 2019

June 6, 2019

PACER
32

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Scott Harris; Corporate Disclosures due by 6/17/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 06/06/2019)

1 standing order & format

View on PACER

June 6, 2019

June 6, 2019

PACER
33

Corporate/Conflict Disclosure Statement by Mark H. LeQuire re 31 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hunter, Eric) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
34

Corporate/Conflict Disclosure Statement by Scott Harris. (Billingsley, Dana) Modified on 6/7/2019 to reflect as satisfying 32 notice of deficiency (qc/djy, ). (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
35

Corporate/Conflict Disclosure Statement by Daryl D. Bailey. (Segall, Robert) Modified on 6/7/2019 to reflect as satisfying 30 notice of deficiency (qc/djy, ). (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
36

Corporate/Conflict Disclosure Statement by Danny Carr. (Segall, Robert) Modified on 6/7/2019 to reflect as satisfying 29 notice of deficiency (qc/djy, ). (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
37

NOTICE of Appearance by Brad A. Chynoweth on behalf of Robert L. Broussard, Steven Marshall, Ashley Rich, Hays Webb (Chynoweth, Brad) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
38

NOTICE of Appearance by James William Davis on behalf of Robert L. Broussard, Steven Marshall, Ashley Rich, Hays Webb (Davis, James) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
39

Corporate/Conflict Disclosure Statement by Robert L. Broussard. (Chynoweth, Brad) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
40

Corporate/Conflict Disclosure Statement by Steven Marshall. (Chynoweth, Brad) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
41

Corporate/Conflict Disclosure Statement by Ashley Rich. (Chynoweth, Brad) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
42

Corporate/Conflict Disclosure Statement by Hays Webb. (Chynoweth, Brad) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
43

Joint MOTION to Dismiss Dfts Broussard, Webb, and Rich Without Prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center, Steven Marshall, Robert L. Broussard, Ashley Rich, Hays Webb. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/7/2019 to add as also filed on behalf of Dfts Marshall, Broussard, Rich, & Webb (alm, ). (Entered: 06/07/2019)

1 Text of Proposed Order

View on PACER

June 7, 2019

June 7, 2019

PACER
44

ORDER granting 22, 23, 24, 28, & 43 Joint Motions to Dismiss; Dfts Danny Carr, Daryl D. Bailey, Scott Harris, Mark H. LeQuire, Robert L. Broussard, Ashley Rich, and Hays Webb are dismissed without prejudice from this action, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/7/2019. (alm, ) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

RECAP
45

NOTICE of Appearance by Edmund Gerard LaCour, Jr on behalf of Steven Marshall (LaCour, Edmund) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
46

WAIVER OF SERVICE Returned Executed by Planned Parenthood Southeast Inc., West Alabama Women's Center, Yashica Robinson, Reproductive Health Services, Alabama Women's Center. Steven Marshall waiver sent on 6/12/2019, answer due 8/12/2019. (Marshall, Randall) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

RECAP
47

NOTICE of Appearance by Wallace Damon Mills on behalf of James H. Walburn (Mills, Wallace) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
48

Joint MOTION to Dismiss Defendant Walburn without prejudice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) Modified on 6/20/2019 to clarify text to reflect as also filed on behalf of James H. Walburn (qc/djy, ). (Entered: 06/20/2019)

1 Text of Proposed Order

View on PACER

June 20, 2019

June 20, 2019

PACER
49

ORDER, upon agreement of the parties, it is ORDERED that: (1) the 48 Joint MOTION to Dismiss is granted; (2) Defendant James H. Walburn, M.D., is dismissed without prejudice from this action, and is terminated as a party; (3) Defendant Walburn and his employees, agents, and successors in office shall be bound by the terms of any injunctive (including but not limited to a temporary restraining order or preliminary injunction), declaratory, and/or other relief against the Alabama Attorney General and/or any of the other defs by any court in this action so long as such relief remains in effect as to any party, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/20/19. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 06/20/2019)

1 civil appeals checklist

View on PACER

June 20, 2019

June 20, 2019

RECAP
50

MOTION for Preliminary Injunction by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order)(Kolbi-Molinas, Alexa) (Entered: 06/21/2019)

1 Text of Proposed Order

View on PACER

June 21, 2019

June 21, 2019

PACER
51

MEMORANDUM in Support re 50 MOTION for Preliminary Injunction filed by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Kolbi-Molinas, Alexa) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
52

ANSWER to 1 Complaint,, by Steven Marshall.(Chynoweth, Brad) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

RECAP
53

Motion for Marcia Cohen to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602054069.) by Greater Birmingham Chapter of the National Organization for Women. (Attachments: # 1 certificate of good standing, # 2 fee receipt)(djy, ) (Entered: 07/02/2019)

1 certificate of good standing

View on PACER

2 fee receipt

View on PACER

July 1, 2019

July 1, 2019

PACER
54

TEXT ORDER granting 53 Motion for Marcia Cohen to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 7/2/2019. (No pdf attached to this entry) (alm, ) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 2, 2019

July 2, 2019

PACER
55

TEXT ORDER setting Telephone Conference for 7/15/2019 @ 02:45 PM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/3/19. Furnished to calendar group & AG. (No PDF document attached to this notice).(djy, ) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER

~Util - Set Hearings

July 3, 2019

July 3, 2019

PACER

Order

July 3, 2019

July 3, 2019

PACER
56

MOTION for Susan Lambiase to Appear Pro Hac Vice by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Exhibit certificate of good standing, # 2 Text of Proposed Order)(Marshall, Randall) (Entered: 07/08/2019)

1 Exhibit certificate of good standing

View on PACER

2 Text of Proposed Order

View on PACER

July 8, 2019

July 8, 2019

RECAP

Add and Terminate Attorneys

July 8, 2019

July 8, 2019

PACER
57

Pro Hac Vice filing fee received re 56 Motion: $ 75.00, receipt number 4602054144. (alm, ) (Entered: 07/09/2019)

July 8, 2019

July 8, 2019

PACER

***Attorney Susan Lambiase for Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, and West Alabama Women's Center added. (NO PDF document attached to this notice-See Docket entry 56 ). (djy, )

July 8, 2019

July 8, 2019

PACER
58

TEXT ORDER granting 56 Motion for Susan Lambiase Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 7/9/19. (NO PDF document attached to this notice). (djy, ) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 9, 2019

July 9, 2019

PACER
59

STATUS REPORT (Joint Report of Parties' Pre-Status Conference Meet-and-Confer) by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Marshall, Randall) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

RECAP
60

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/15/2019 (PDF available for court use only). (Recording Time 2:52 - 3:40.) (ag, ) (Entered: 07/16/2019)

July 15, 2019

July 15, 2019

PACER
61

ORDER directing that on or before 8/5/2019, the def is to file a response to the plfs' 50 MOTION for Preliminary Injunction. Signed by Honorable Judge Myron H. Thompson on 7/16/19. (djy, ) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

RECAP
62

ORDER directing that the issue of discovery is set for submission, without oral argument, on 8/19/2019, with the defendant to file a brief by 8/5/2019, and the plaintiffs to do the same by 8/19/2019. Signed by Honorable Judge Myron H. Thompson on 7/16/19. (djy, ) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER

Mail Returned as Undeliverable. Copy of 61 & 62 orders sent to Susan Lambiase returned in mail with the following Notation, "Returned to sender" (NO PDF document attached to this notice). (djy, )

Aug. 2, 2019

Aug. 2, 2019

PACER

Mail Returned

Aug. 2, 2019

Aug. 2, 2019

PACER
63

Response to Order re 62 Order,, Set Deadlines, by Steven Marshall. (LaCour, Edmund) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
64

RESPONSE to Motion re 50 MOTION for Preliminary Injunction filed by Steven Marshall. (LaCour, Edmund) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

RECAP
65

ORDER directing that, on or before 8/19/2019, plfs are to file a reply to def's 64 Response to the Motion filed motion for preliminary injunction. Signed by Honorable Judge Myron H. Thompson on 8/6/19. (djy, ) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
66

REPLY to 64 Response to Motion re 50 MOTION for Preliminary Injunction filed by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Kolbi-Molinas, Alexa) Modified on 8/20/2019 to clarify text to reflect as REPLY to 64 RESPONSE (qc/djy, ). (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
67

Response to Order re 62 Order,, Set Deadlines, by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Kolbi-Molinas, Alexa) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
68

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/29/19. (djy, ) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

RECAP
69

PRELIMINARY INJUNCTION, In accordance with the opinion entered today, it isORDERED as follows: (1) plfs Dr. Yashica Robinson, M.D., Alabama Women's Center, Planned Parenthood Southeast, Inc., Reproductive Health Services, and West Alabama Women's Center's 50 motion for a preliminary injunction is granted to the extent set out below; (2) Def Steven Marshall, in his official capacity as Alabama Attorney General, and all those acting in concert with him are ENJOINED and RESTRAINED from: (a) enforcing Alabama Act No. 2019-189 as applied to pre-viability abortion, and (b) failing to give immediate notice of this preliminary injunction to all state and local officials who are responsible for enforcing the requirements of Alabama Act No. 2019-189; (3) This preliminary injunction shall remain in effect until this court resolves the case in full; further ORDERING that the bond requirement of Fed. R. Civ. P. 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 10/29/19. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 10/29/2019)

1 civil appeals checklist

View on PACER

Oct. 29, 2019

Oct. 29, 2019

RECAP

Case reassigned to Honorable Judge Jerusha T. Adams. Honorable Judge Stephen Michael Doyle no longer assigned to the case as presiding judge. (No PDF document attached to this notice). (djy, )

Nov. 19, 2019

Nov. 19, 2019

PACER

Case Assigned/Reassigned

Nov. 19, 2019

Nov. 19, 2019

PACER
70

MOTION to Withdraw as Attorney by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Boone, Brock) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
71

TEXT ORDER granting 70 Motion for Brock Boone to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/19/2020. (NO PDF Document attached to this notice). (djy, ) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER

Order on Motion to Withdraw as Attorney

Feb. 19, 2020

Feb. 19, 2020

PACER

Add and Terminate Attorneys

Feb. 19, 2020

Feb. 19, 2020

PACER

*** Attorney Brock Boone terminated pursuant to 71 text order (NO PDF document attached to this notice). (djy, )

Feb. 19, 2020

Feb. 19, 2020

PACER

MEMORANDUM in Support re 80 MOTION for Leave to File Amicus Brief filed by Sixteen States. (No PDF document attached to this notice-See docket entry 80 ). (djy, )

March 3, 2020

March 3, 2020

PACER

BRIEF/MEMORANDUM in Support

March 3, 2020

March 3, 2020

PACER
72

Emergency MOTION for Leave to File Supplemental Complaint by Alabama Women's Center, Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Exhibit Proposed Supplemental Complaint, # 2 Text of Proposed Order)(Marshall, Randall) (Entered: 03/30/2020)

1 Exhibit Proposed Supplemental Complaint

View on PACER

2 Text of Proposed Order

View on PACER

March 30, 2020

March 30, 2020

PACER

Order Setting Hearing on Motion

March 30, 2020

March 30, 2020

PACER

BRIEF/MEMORANDUM in Support

March 30, 2020

March 30, 2020

PACER
73

Emergency MOTION for Temporary Restraining Order (requesting immediate action) by Alabama Women's Center, Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 TRO Brief, # 2 Text of Proposed Order)(Marshall, Randall). Added MOTION for Preliminary Injunction on 3/30/2020 as shown in main PDF document; Exhibits 1 through 4 contained within main PDF document (qc/djy, ). (Entered: 03/30/2020)

1 TRO Brief

View on RECAP

2 Text of Proposed Order

View on RECAP

March 30, 2020

March 30, 2020

RECAP

MEMORANDUM OF LAW in Support re 73 Emergency MOTION for Temporary Restraining Order (requesting immediate action) MOTION for Preliminary Injunction filed by Alabama Women's Center, Reproductive Health Services, Yashica Robinson, West Alabama Women's Center. (NO PDF document attached to this notice-see docket entry 73 ). (djy, )

March 30, 2020

March 30, 2020

PACER
74

TEXT ORDER setting conference call re: 73 Emergency MOTION for Temporary Restraining Order on 3/30/2020 @ 2:45 PM before Honorable Judge Myron H. Thompson; counsel will be notified by e-mail with the conference call number and access code. Signed by Honorable Judge Myron H. Thompson on 3/30/2020. Furnished to calendar group & AG. (NO PDF document attached to this notice).(djy, ) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
75

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/30/2020 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
76

NOTICE by Alabama Women's Center, Planned Parenthood Southeast Inc., Reproductive Health Services, Yashica Robinson, West Alabama Women's Center re 73 Emergency MOTION for Temporary Restraining Order (requesting immediate action) MOTION for Preliminary Injunction Supplemental Authority: Planned Parenthood v. Abbott (Attachments: # 1 Supplement Planned Parenthood v. Abbott)(Marshall, Randall) (Entered: 03/30/2020)

1 Supplement Planned Parenthood v. Abbott

View on PACER

March 30, 2020

March 30, 2020

PACER
77

NOTICE by Alabama Women's Center, Reproductive Health Services, Yashica Robinson, West Alabama Women's Center re 73 Emergency MOTION for Temporary Restraining Order (requesting immediate action) MOTION for Preliminary Injunction Supplemental Authority: Preterm-Cleveland v. AG of Ohio (Attachments: # 1 Supplement Preterm-Cleveland v. AG of Ohio)(Marshall, Randall) (Entered: 03/30/2020)

1 Supplement Preterm-Cleveland v. AG of Ohio

View on PACER

March 30, 2020

March 30, 2020

PACER
78

ORDER directing that: (1) plfs' 72 Emergency MOTION for Leave to File Supplemental Complaint is granted; (2) The plaintiffs shall file their proposed supplemental complaint, labelled as a "first amended complaint," by 5:00 p.m. (central standard time) today; (3) The defendants may file objections to this order by 5 p.m. (central standard time) on 4/1/2020 ; The plaintiffs may file a response to the objections by 5:00 p.m. (central standard time) on April 3, 2020. Signed by Honorable Judge Myron H. Thompson on 3/30/2020. (djy, ) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
79

AMENDED COMPLAINT (First Amended Complaint) against Steven Marshall, Daryl D. Bailey, Robert L. Broussard, Danny Carr, Scott Harris, Mark H. LeQuire, Ashley Rich, James H. Walburn, & Hays Webb filed by Planned Parenthood Southeast Inc., West Alabama Women's Center, Yashica Robinson, Reproductive Health Services, Alabama Women's Center. (Attachments: # 1 Exhibit A through D to First Amended Complaint)(Marshall, Randall) Modified on 3/31/2020 to clarify text to clearly identify exhibits (qc/djy, ). Modified on 4/2/2020 to reflect as also against Daryl D. Bailey, Robert L. Broussard, Danny Carr, Scott Harris, Mark H. LeQuire, Ashley Rich, James H. Walburn, & Hays Webb, these defs no longer terminated from case (qc/djy, ). (Entered: 03/30/2020)

1 Exhibit Exhibits to First Amended Complaint

View on RECAP

March 30, 2020

March 30, 2020

RECAP
80

MOTION for Leave to File Amicus Brief by Sixteen States. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order Proposed Order)(Taylor, Bryan) Modified on 3/31/2020 to clarify text to correct name of filing party (qc/djy, ). (Entered: 03/30/2020)

1 Proposed Amicus Brief

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

March 30, 2020

March 30, 2020

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Planned Parenthood Litigation

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 24, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Alabama abortion providers

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Attorney General, State

State Health Officer, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 451,351.60

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

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

COVID-19:

Mitigation Granted

Mitigation Requested