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Case: Memphis Center for Reproductive Health v. Slatery

3:20-cv-00501 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 19, 2020

Closed Date: July 28, 2022

Clearinghouse coding complete

Case Summary

This is a case about challenges to several Tennessee abortion restrictions. On June 19, 2020, plaintiffs Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Knoxville Center for Reproductive Health, FemHealth USA, and two doctors filed this lawsuit in the United States District Court for the Middle District of Tennessee. The plaintiffs sued the attorney general of Tennessee along with several other state officials for violating their Fourteenth Amendme…

This is a case about challenges to several Tennessee abortion restrictions. On June 19, 2020, plaintiffs Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Knoxville Center for Reproductive Health, FemHealth USA, and two doctors filed this lawsuit in the United States District Court for the Middle District of Tennessee. The plaintiffs sued the attorney general of Tennessee along with several other state officials for violating their Fourteenth Amendment rights under 42 USC § 1983.  Represented by the ACLU, Center for Reproductive Rights, and the Planned Parenthood Federation of America, the plaintiffs sought injunctive relief in the form of a temporary restraining order and a preliminary injunction as well as declaratory relief in the form of a judgment holding that the bans were unconstitutional, and attorneys’ fees. They claimed that the bans violated their patients’ rights to privacy and liberty under the Fourteenth Amendment and were unconstitutionally vague and a violation of plaintiffs’ rights to due process under the Fourteenth Amendment. The case was assigned to Judge William Lynn Campbell Jr. and referred to Magistrate Jeffery S. Frensley.

Section 216 of the Act included a provision banning abortions as soon as a fetal heartbeat is detected as well as "cascading bans" prohibiting abortions beginning at 6 weeks from the last menstrual period. The cascading ban provisions prohibited abortions at or beyond 6, 8, 10, 12, 15, 18, 20, 21, 22, 23, or 24 weeks from the last menstrual period, with the Act contemplating that at least some of the cascading bans would be found unenforceable and replaced by the subsequent gestational age ban. Section 217 of the Act prohibited a physician from performing an abortion if the physician knew that the abortion was sought because of the sex, race, or Down syndrome diagnosis of the fetus (the "reason bans"). 

The plaintiffs argued that the bans were in direct contradiction to previously established precedent set by the Supreme Court in Roe v. Wade, which protected the right to an abortion. They also argued that the reason bans were unconstitutionally vague because they required a doctor to ascertain the reason a patient was seeking an abortion and were unclear as to whether any of the prohibited reasons had to be the only reason a patient was seeking an abortion or could be one of many factors a patient was considering.

On June 22, 2020, the plaintiffs filed a motion for a temporary restraining order to enjoin enforcement of both bans. Two days later, the court ordered that the motion for a temporary restraining order would not be ruled on until the governor had signed the bill into law. On July 13, 2020, the judge granted the temporary restraining order with an expiration of July 27, 2020. 2020 WL 3957792. On July 24, 2020, the court granted the plaintiffs’ motion for preliminary injunction after a joint agreement by the parties. 2020 WL 4274198. 

In mid-August, the defendants appealed the lower court's decision to grant the preliminary injunction and moved to stay the injunction pending appeal. Judge Campbell denied the defendants’ motion to stay on September 29, 2020. However, on November 20, 2020, the United States Court of Appeals for the Sixth Circuit granted the defendant’s motion to stay the preliminary injunction as to Section 217, the reason bans. Reviewing the district court's decision de novo, the Sixth Circuit found that the term "knows" was clearly defined elsewhere in Title 39 and that "because of" had a clear common meaning of but-for causation. The appellate panel further found that courts and juries regularly decide issues of knowledge, belief, and intent. Finding that the plaintiffs had not shown a likelihood of success on the merits and that the State was subject to ongoing irreparable harm, the Court of Appeals stayed the preliminary injunction. The plaintiffs filed a second motion for a temporary restraining order on November 20, 2020, which was denied on November 24, 2020. 

On June 27, 2022, the plaintiffs filed a motion to dismiss without prejudice after the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade. The court ordered the dismissal of the case without prejudice on July 28, 2022. This case is closed.

Summary Authors

Rhea Sharma (10/2/2022)

Documents in the Clearinghouse

Document
1

3:20-cv-00501

Complaint

June 19, 2020

June 19, 2020

Complaint
33

3:20-cv-00501

Order Setting Hearing on Motion

July 13, 2020

July 13, 2020

Order/Opinion
41

3:20-cv-00501

Memorandum Opinion of the Court

July 24, 2020

July 24, 2020

Order/Opinion
33-2

3:20-cv-00501

20-5969

Order

U. S. Court of Appeals for the Sixth Circuit

Nov. 20, 2020

Nov. 20, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17281219/memphis-center-for-reproductive-health-v-slatery/

Last updated Oct. 3, 2022, 1:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, and Amy P. Weirich (Filing fee $400, Receipt number 0650-3161), filed by Planned Parenthood of Tennessee and North Mississippi, Nikki Zite, Knoxville Center for Reproductive Health, Memphis Center for Reproductive Health, Kimberly Looney, and FemHealth USA, Inc.. (Attachments: # 1 Exhibit A - HB 2263 - SB 2196, # 2 Civil Cover Sheet)(vh) (Entered: 06/22/2020)

1 Exhibit A - HB 2263 - SB 2196

View on PACER

2 Attachment Civil Cover Sheet

View on PACER

June 19, 2020

June 19, 2020

Clearinghouse
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
3

NOTICE of Business Entity Disclosure Statement filing requirement. (vh) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
4

Summons issued as to Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, and Amy P. Weirich. (service copies returned to counsel by mail.) (vh) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
5

NOTICE of Initial Case Management Conference set for 9/1/2020 at 10:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (vh) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
6

MOTION for Temporary Restraining Order by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
7

MEMORANDUM in Support of 6 MOTION for Temporary Restraining Order filed by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite . (Attachments: # 1 Attachment Proposed Order)(Castelli, Thomas) (Entered: 06/22/2020)

1 Attachment Proposed Order

View on PACER

June 22, 2020

June 22, 2020

RECAP
8

NOTICE of Filing by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite re 7 Memorandum in Support, Declarations of Kimberly Looney, M.D., Mary Norton, M.D., Nikki Zite, M.D., Corinne Rovetti, FNP, APRN-BC, Rebecca Terrell, and Melissa Grant (Attachments: # 1 Attachment Declaration of Kimberly Looney, M.D., # 2 Attachment Declaration of Mary Norton, M.D., # 3 Attachment Declaration of Nikki Zite, M.D., # 4 Attachment Declaration of Corinne Rovetti, FNP, APRN-BC, # 5 Attachment Declaration of Rebecca Terrell, # 6 Attachment Declaration of Melissa Grant)(Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
9

MOTION for attorney Jessica Sklarsky to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3163305) by Memphis Center for Reproductive Health, Nikki Zite. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
10

MOTION for attorney Francesca Cocuzza to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3163335) by Memphis Center for Reproductive Health, Nikki Zite. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
11

MOTION for attorney Rabia Muqaddam to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3163345) by Memphis Center for Reproductive Health, Nikki Zite. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
12

MOTION for attorney Susan Lambiase to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3163356) by Kimberly Looney, Planned Parenthood of Tennessee and North Mississippi. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Annotation - PHV

June 22, 2020

June 22, 2020

PACER

NOTICE TO COUNSEL Anjali Dalal, Andrew Beck, Susan Lambiase, Jessica Sklarsky, Rabia Muqaddam, and Francesca Cocuzza: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 7/13/2020. (vh) Modified on 6/23/2020 (vh).

June 22, 2020

June 22, 2020

PACER

Annotation - Bar Status

June 22, 2020

June 22, 2020

PACER

TN State Bar status verified as active for Thomas H. Castelli. NY State Bar status verified as active for Anjali Dalal, Andrew Beck, Susan Lambiase, Jessica Sklarsky, Rabia Muqqadam, and Francesca Cocuzza. (vh)

June 22, 2020

June 22, 2020

PACER
13

ORDER granting 9 Motion for Jessica Sklarsky to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/23/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
14

ORDER granting 10 Motion for Francesca Cocuzza to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/23/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
15

ORDER granting 11 Motion for Rabia Muqaddam to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/23/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
16

ORDER granting 12 Motion for Susan Lambiase to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/23/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
17

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. ยง 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 6/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

RECAP
18

MOTION Scheduling Order for TRO Response re 7 Memorandum in Support, 6 MOTION for Temporary Restraining Order by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
19

ORDER: Pending before the Court is Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction (Doc. No. 6 ). Plaintiffs request the Court issue a temporary restraining order prohibiting the enforcement of portions of House Bill 2263/Senate Bill 2196, recently passed by the Tennessee General Assembly. The Motion indicates, however, that the Governor has not signed the bill. The Court RESERVES ruling on the pending motion at this time. Plaintiffs are directed to file a notice with the Court when the bill becomes law. The Court will issue a ruling on the pending motion at that time. Signed by District Judge William L. Campbell, Jr on 6/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
20

ORDER: Pending before the Court is Defendants' Motion for Scheduling Order (Doc. No. 18 ). Through the Motion, Defendants request the Court set a briefing schedule through which they would have until July 3, 2020, in which to file a response to Plaintiffs' pending Motion for Temporary Restraining Order and/or Preliminary Injunction (Doc. No. 6 ). By Order entered June 24, 2020 (Doc. No. 19 ), the Court reserved ruling on Plaintiffs' Motion until Plaintiffs file a notice indicating the challenged bill has become law. Defendants' Motion (Doc. No. 18 ) is GRANTED, as follows: The Court will consider Defendants' response in analyzing whether to issue a temporary restraining order if the response is filed before Plaintiffs file a notice indicating the challenged bill has become law. Signed by District Judge William L. Campbell, Jr on 6/25/2020. (vh) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
21

BUSINESS ENTITY DISCLOSURE STATEMENT filed by FemHealth USA, Inc.. (Castelli, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
22

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Knoxville Center for Reproductive Health. (Castelli, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
23

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Kimberly Looney. (Castelli, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
24

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis Center for Reproductive Health. (Castelli, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
25

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Planned Parenthood of Tennessee and North Mississippi. (Castelli, Thomas) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
26

MOTION for Leave to File Excess Pages for Contemporaneously Filed Response in Opposition by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
27

RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order filed by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Attachments: # 1 Exhibit Ex A-HB2263 (enrolled copy), # 2 Exhibit Ex B-Decl of Farr Curlin, # 3 Exhibit Ex C-Decl of Dennis Sullivan, # 4 Exhibit Ex D-Decl of O Carter Snead, # 5 Exhibit Ex E-Decl of Amelia Platte, # 6 Exhibit Ex F-Decl of Dana Blythewood, # 7 Exhibit Ex G-Decl of Maureen Condic, # 8 Exhibit Ex H-Decl of Robin Pierucci (to be substituted with signature), # 9 Exhibit Ex I-Decl of Vanessa Lefler)(Rieger, Alexander) (Entered: 07/06/2020)

1 Exhibit Ex A-HB2263 (enrolled copy)

View on PACER

2 Exhibit Ex B-Decl of Farr Curlin

View on PACER

3 Exhibit Ex C-Decl of Dennis Sullivan

View on PACER

4 Exhibit Ex D-Decl of O Carter Snead

View on PACER

5 Exhibit Ex E-Decl of Amelia Platte

View on PACER

6 Exhibit Ex F-Decl of Dana Blythewood

View on PACER

7 Exhibit Ex G-Decl of Maureen Condic

View on PACER

8 Exhibit Ex H-Decl of Robin Pierucci (to be substituted with signature)

View on PACER

9 Exhibit Ex I-Decl of Vanessa Lefler

View on PACER

July 6, 2020

July 6, 2020

RECAP
28

ORDER granting 26 Motion for Enlargement of Page Limit. Signed by District Judge William L. Campbell, Jr on 7/7/2020. (vh) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
29

MOTION for Scheduling Order Regarding Plaintiffs' Reply Brief and MOTION to File an over Length Reply by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) Modified on 7/8/2020 (vh). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
30

AMENDED DOCUMENT re 27 Addendum to DE 27-8; Signature Page of Dr. Pierucci by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) Modified on 7/8/2020 (vh). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
31

ORDER: Pending before the Court is Plaintiffs' Motion for Scheduling Order Regarding Their Reply Brief in Support of Their Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion to File an Over Length Reply (Doc. No. 29 ). Through the Motion, Plaintiffs request they be given until July 13, 2020, in which to file a reply brief regarding their request for a preliminary injunction, and request enlargement of the page limit for the reply brief to 10 pages or less. Plaintiffs state they do not intend for their reply to delay the Court's consideration of their request for a temporary restraining order when the challenged bill becomes law. The Motion (Doc. No. 29 ) is GRANTED. Signed by District Judge William L. Campbell, Jr on 7/8/2020. (vh) (Entered: 07/09/2020)

July 8, 2020

July 8, 2020

RECAP
32

NOTICE by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite re 6 MOTION for Temporary Restraining Order that Tennessee House Bill 2263/Senate Bill 2196 Has Become Law (Castelli, Thomas) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
33

ORDER granting 6 MOTION for Temporary Restraining Order. This TRO is effective upon its issuance on July 13, 2020, at 12:00 noon, and expires on July 27, 2020, at 12:00 noon, absent further order of the Court. Plaintiffs' request for a preliminary injunction will be considered at a hearing on July 24, 2020, at 10:00 a.m., as set by separate order. Signed by District Judge William L. Campbell, Jr on 7/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

Clearinghouse
34

REPLY to Response to re 6 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Attachments: # 1 Exhibit 1. Declaration of Dr. Looney, M.D., # 2 Exhibit 2. Declaration of Dr. Ralston, M.D., M.P.H., # 3 Exhibit 3. Declaration of Dr. Phillips, M.D., M.P.H., # 4 Exhibit 4. Declaration of Dr. Norton, M.D.)(Castelli, Thomas) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
35

MOTION for attorney Anjali Dalal to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3175105) by FemHealth USA, Inc., Knoxville Center for Reproductive Health. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
36

MOTION for attorney Andrew Beck to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3175124) by FemHealth USA, Inc., Knoxville Center for Reproductive Health. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Annotation - Deficiency Notice

July 13, 2020

July 13, 2020

PACER

NOTICE TO FILER re DE# [35-1, 36-1]: This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (vh)

July 13, 2020

July 13, 2020

PACER
37

ORDER: Pending before the Court is Plaintiffs' Motion for Preliminary Injunction (Doc. No. 6 ). The Court will hold a hearing on the Motion on July 24, 2020, at 10:00 a.m. Should the parties decide to submit the Motion to the Court for decision based on the filings, they shall file a notice to that effect on or before July 20, 2020, and the Court will cancel the hearing. Signed by District Judge William L. Campbell, Jr on 7/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
38

ORDER: Having satisfied the requirements of Local Rule 83.01(b), the motions to appear prohac vice (Doc. Nos. 35 and 36 ) of Anjali Dalal and Andre Beck are GRANTED. Signed by Acting Clerk of Court Vicki R. Kinkade on 7/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 7/17/2020 (dt). (Entered: 07/17/2020)

July 16, 2020

July 16, 2020

PACER
39

NOTICE by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite re 37 Order,,, Set Motion and R&R Deadlines/Hearings,, (Castelli, Thomas) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP

Appear Pro Hac Vice AND Appear Pro Hac Vice

July 17, 2020

July 17, 2020

PACER
40

ORDER: Pending before the Court is the Parties' Joint Notification Regarding Preliminary Injunction Hearing (Doc. No. 39 ). Through the filing, the parties state they have jointly agreed to submit the Plaintiffs' Motion for Preliminary Injunction to the Court based on the filings. Accordingly, the preliminary injunction hearing set for July 24, 2020 is CANCELLED. Signed by District Judge William L. Campbell, Jr on 7/20/2020. (vh) (Entered: 07/21/2020)

July 20, 2020

July 20, 2020

RECAP
41

MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 7/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

Clearinghouse
42

ORDER: For the reasons set forth in the accompanying Memorandum, Plaintiffs' Motion for Preliminary Injunction (Doc. No. 6 ) is GRANTED, as follows: Pursuant to Rule 65, it is ORDERED that Defendants, their officers, agents, employees, servants, attorneys, and all persons in active concert or participation with them, are hereby enjoined and restrained from enforcing Tennessee Code Annotated Sections 39-15-216 and 39-15-217. The Court exercises its discretion to waive the security required by Rule 65 (c). This Preliminary Injunction Order shall remain in effect pending further order of the Court. Signed by District Judge William L. Campbell, Jr on 7/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
43

ANSWER to 1 Complaint, by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich.(Rieger, Alexander) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP

Annotation - Bar Status

July 28, 2020

July 28, 2020

PACER

TN State Bar status verified as active for Charlotte M. Davis. (vh)

July 28, 2020

July 28, 2020

PACER
44

Joint MOTION to Continue Initial Case Management Conference by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
45

ORDER granting 44 Motion to Continue. Pending before the Court is a Joint Motion to Continue the Initial Case Management Conference in this matter, which is set for September 1, 2020, at 10:00 a. m. Docket No. 44. The Motion is GRANTED. The Initial Case Management Conference in this matter is hereby RESET for October 1, 2020 at 9:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 8/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
46

NOTICE OF APPEAL as to 42 Order on Motion for TRO,,, 41 Memorandum Opinion of the Court by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. Filing fee $ 505, receipt number 0650-3200405. (Rieger, Alexander) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
47

MOTION for a Stay Pending 46 Appeal by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) Modified on 8/25/2020 (vh). (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
48

MEMORANDUM in Support of 47 MOTION to Stay re 46 Notice of Appeal, 42 Order on Motion for TRO,,, 41 Memorandum Opinion of the Court Pending Appeal filed by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich . (Rieger, Alexander) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP

Set/Reset Hearings: Case Management Conference by Telephone set for 10/1/2020 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (bs)

Aug. 21, 2020

Aug. 21, 2020

PACER

Set/Reset Hearings

Aug. 21, 2020

Aug. 21, 2020

PACER
49

USCA Case Number 20-5969 for 46 Notice of Appeal, filed by Herbert H. Slatery, III, Glenn Funk, W. Reeves Johnson, Jr., Rene Saunders, Charme P. Allen, Amy P. Weirich, Lisa Piercey, Tom P. Thompson, Jr.. (Antoinette Macon - Case Manager) (bs) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
50

NOTICE by Memphis Center for Reproductive Health, Nikki Zite of Withdrawal of Francesca Cocuzza as Counsel (Sklarsky, Jessica) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
51

RESPONSE in Opposition re 47 MOTION to Stay re 46 Notice of Appeal, 42 Order on Motion for TRO,,, 41 Memorandum Opinion of the Court Pending Appeal filed by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
52

NOTICE of Appearance by Edwin A. Groves, Jr on behalf of All Defendants (Groves, Edwin) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP
53

NOTICE of Filing by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite re 8 Notice (Other),, Plaintiffs Notice of Withdrawal and Substitution of Curriculum Vitae of Dr. Kimberly Looney (Attachments: # 1 Attachment Curriculum Vitae of Dr. Kimberly Looney, # 2 Attachment Curriculum Vitae of Dr. Kimberly Looney (Redlined))(Castelli, Thomas) (Entered: 09/11/2020)

1 Attachment Curriculum Vitae of Dr. Kimberly Looney

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2 Attachment Curriculum Vitae of Dr. Kimberly Looney (Redlined)

View on PACER

Sept. 11, 2020

Sept. 11, 2020

PACER
54

REPLY to Response to re 47 MOTION to Stay re 46 Notice of Appeal, 42 Order on Motion for TRO,,, 41 Memorandum Opinion of the Court Pending Appeal filed by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP

TN State Bar status verified as active for Edwin A. Groves, Jr. (vh)

Sept. 14, 2020

Sept. 14, 2020

PACER

Annotation - Bar Status

Sept. 14, 2020

Sept. 14, 2020

PACER
55

NOTICE by FemHealth USA, Inc., Knoxville Center for Reproductive Health of Withdrawal of Attorney Anjali Dalal (Castelli, Thomas) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER

NOTICE TO FILER re DE# 55 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)

Sept. 24, 2020

Sept. 24, 2020

PACER

Annotation - Deficiency Notice

Sept. 24, 2020

Sept. 24, 2020

PACER
56

Joint MOTION to Continue Initial Case Management Conference by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP
57

ORDER granting 56 Joint Motion to Continue Initial Case Management Conference. The Initial Case Management Conference is hereby reset to November 6, 2020 at 9:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 9/28/2020. (vh) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

RECAP

Set/Reset Hearings

Sept. 28, 2020

Sept. 28, 2020

PACER

Set/Reset Hearings: Initial Case Management Conference by Telephone reset for 11/6/2020 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (vh)

Sept. 28, 2020

Sept. 28, 2020

PACER
58

ORDER: Defendants' 47 Motion to Stay Pending Appeal is DENIED. Signed by District Judge William L. Campbell, Jr on 9/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

RECAP
59

MOTION for attorney Jen Samantha D. Rasay to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3226638) by Memphis Center for Reproductive Health, Nikki Zite. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 09/30/2020)

1 Attachment Certificate of Good Standing

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Sept. 30, 2020

Sept. 30, 2020

PACER

NY State Bar status verified as active for Jen Samantha D. Rasay not admitted to this court - Local counsel secured. (vh) Modified on 11/13/2020 (vh).

Oct. 1, 2020

Oct. 1, 2020

PACER

Annotation - Bar Status

Oct. 1, 2020

Oct. 1, 2020

PACER
60

ORDER granting 59 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Jen Samantha D. Rasay is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. (vk) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Appear Pro Hac Vice

Oct. 14, 2020

Oct. 14, 2020

PACER
61

Joint MOTION to Continue by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
62

ORDER: MOTION 61 GRANTED. The Initial Case Management Conference is hereby reset to January 20, 2021 at 9:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 10/30/2020. (ln) Modified on 10/30/2020 (ln). (Main Document 62 replaced on 10/30/2020) (ln). (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

Set/Reset Hearings

Oct. 30, 2020

Oct. 30, 2020

PACER

Set/Reset Hearings: Case Management Conference by Telephone set for 1/20/2021 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (ln)

Oct. 30, 2020

Oct. 30, 2020

PACER
63

NOTICE of 6CCA ORDER filed: the motion for a partial stay of the district court's preliminary injunction is GRANTED. Eugene E. Siler, Jr., Circuit Judge; Eric L. Clay, Circuit Judge (dissenting) and Amul R. Thapar, Circuit Judge. (RB) (bs) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

Clearinghouse
64

MOTION for attorney Brigitte Amiri to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3261328) by FemHealth USA, Inc., Knoxville Center for Reproductive Health. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/20/2020)

1 Attachment Certificate of Good Standing

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Nov. 20, 2020

Nov. 20, 2020

PACER
65

Second MOTION for Temporary Restraining Order and/or Preliminary Injunction by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Attachments: # 1 Attachment Proposed Order)(Castelli, Thomas) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
66

MEMORANDUM in Support of 65 Second MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite . (Castelli, Thomas) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

RECAP
67

ORDER denying 65 Plaintiff's Renewed Motion for TRO and/or Preliminary Injunction. Signed by District Judge William L. Campbell, Jr on 11/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
68

MOTION to Clarify re 67 Order on Motion for TRO, by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite. (Castelli, Thomas) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
69

ORDER granting 68 Motion to Clarify the Court's Order Denying Plaintiffs' Renewal Motion for Temporary Restraining Order and /or Preliminary Injunction. The Court's Order of 11/24/2020 67 applies to Plaintiffs' request for a temporary restraining order only. The request for a preliminary injunction remains pending. On or before 12/7/2020, the parties shall file any supplemental materials regarding the request for a preliminary injunction. Signed by District Judge William L. Campbell, Jr on 11/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified text on 12/1/2020 (hb). (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER

NY State Bar status verified as active for Brigitte Amiri not admitted to this court - Local counsel required. (kc)

Dec. 1, 2020

Dec. 1, 2020

PACER

Annotation - Bar Status

Dec. 1, 2020

Dec. 1, 2020

PACER
70

ORDER granting 64 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Brigitte Amiri is granted. Signed by Vicki Kinkade on 12/4/20. (vk) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER

Appear Pro Hac Vice

Dec. 4, 2020

Dec. 4, 2020

PACER
71

SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION filed by FemHealth USA, Inc., Knoxville Center for Reproductive Health, Kimberly Looney, Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Nikki Zite re 66 Memorandum in Support,. (Attachments: # 1 Attachment Second Supplemental Declaration of Kimberly Looney, M.D., # 2 Attachment Supplemental Declaration of Rebecca Terrell, # 3 Attachment Supplemental Declaration of Dr. Nikki Zite)(Castelli, Thomas) Modified on 12/9/2020 (kc). (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
72

SUPPLEMENTAL RESPONSE in Opposition re 65 Second MOTION for Temporary Restraining Order and/or Preliminary Injunction, 68 MOTION to Clarify re 67 Order on Motion for TRO, Supplemental Response filed by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Rieger, Alexander) Modified on 12/9/2020 (kc). (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
73

Unopposed MOTION for Leave to Leave to File Surresponse re 69 Order on Motion to Clarify,, 71 Supplement,, by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (Attachments: # 1 Attachment Defendants' Surresponse in Opposition)(Rieger, Alexander) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
74

ORDER: Defendant's Motion 73 is GRANTED. The Clerk is directed to file the attached response to Plaintiff's supplemental brief. Signed by District Judge William L. Campbell, Jr on 12/11/2020. (kc) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
75

SURRESPONSE IN OPPOSITION TO PLAINTIFFS' RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION re 65 Second MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Charme P. Allen, Glenn Funk, W. Reeves Johnson, Jr, Lisa Piercey, Rene Saunders, Herbert H. Slatery, III, Tom P. Thompson, Jr, Amy P. Weirich. (kc) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 19, 2020

Closing Date: July 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Memphis Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Knoxville Center for Reproductive Health, FemHealth USA, and two doctors

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Tennessee, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Abortion

Affected Gender:

Female