Case: Bryant v. Woodall

1:16-cv-01368 | U.S. District Court for the Middle District of North Carolina

Filed Date: Nov. 30, 2016

Closed Date: Aug. 17, 2022

Clearinghouse coding complete

Case Summary

On November 30, 2016, the ACLU, Planned Parenthood, and the Center for Reproductive Rights filed a federal lawsuit in the U.S. District Court for the Middle District of North Carolina to overturn a North Carolina law that prevented doctors from providing pre-viability abortions after the twentieth week of pregnancy except in narrowly defined medical emergencies. Plaintiffs based their argument on established United States Supreme Court precedent, now overruled, prohibiting a ban on abortion pri…

On November 30, 2016, the ACLU, Planned Parenthood, and the Center for Reproductive Rights filed a federal lawsuit in the U.S. District Court for the Middle District of North Carolina to overturn a North Carolina law that prevented doctors from providing pre-viability abortions after the twentieth week of pregnancy except in narrowly defined medical emergencies. Plaintiffs based their argument on established United States Supreme Court precedent, now overruled, prohibiting a ban on abortion prior to viability, regardless of what exceptions were provided to the ban. Plaintiffs sought (1) a declaratory judgment stating that the North Carolina 20-week ban was unconstitutional as applied to pre-viability abortions, (2) a permanent injunction preventing the state from limiting pre-viability abortions, and (3) attorneys fees and costs. This case was assigned to Magistrate Judge L. Patrick Auld and Chief Judge William L. Osteen, Jr. 

On December 14, 2016, Plaintiffs filed a motion for summary judgment in their favor, which Chief Judge Osteen denied without prejudice on September 14, 2017. The court reasoned that the motion for summary judgment was moot and not ripe in light of the discovery that had been allowed to proceed on June 1, 2017 and that was still ongoing. Plaintiffs then filed a second motion for summary judgment on October 30, 2017, once discovery was closed.  

Magistrate Judge Auld then submitted a memorandum opinion and recommendation on August 24, 2018, recommending that the court deny the summary judgment motion and dismiss the case for lack of subject-matter jurisdiction. On March 25, 2019, Chief Judge Osteen denied this recommendation and issued an opinion based on a de novo review that stated the Plaintiffs do have standing, and granted Plaintiff’s second motion for summary judgment. Chief Judge Osteen concluded that the Plaintiffs had standing, because the threat of prosecution was credible when viewed together with the providers' apparent compliance and the government officials' failure to fully disavow future enforcement of the ban. Also in this opinion, Chief Judge Osteen enjoined the state law (N.C. Gen. Stat. § 14-45.1(a)) that prohibited pre-viability abortions and declared it unconstitutional under the Fourteenth Amendment, since it operated as a total ban, not a regulation, that clearly encompassed at least some pre-viability abortions, and state law could not impose an outright ban that prevented a woman from choosing to have an abortion before viability. 363 F.Supp.3d 611. After a stay of sixty days, the judgment for the Plaintiffs was entered on May 24, 2019. 

On June 24, 2019, the defendants appealed this judgment to the U.S. Court of Appeals for the Fourth Circuit. Nearly two years later, on June 23, 2021, the Fourth Circuit affirmed the district court's decision and its underlying reasoning. 1 F.4th 280.

However, this injunctive relief was reexamined by the court after the June 24, 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which held that “the Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion.” On August 17, 2022, Judge Osteen vacated and dissolved the injunction, allowing the 20-week ban to be reinstated. Judge Osteen concluded that justice required this outcome and that it was appropriate since the parties had advance notice. The Court declined to give Plaintiffs leave to amend its complaint to raise additional claims, since the request was not made properly, and the Court also declined to stay its order, concluding that the parties had ample time to prepare for this decision since Dobbs came down. 622 F.Supp.3d 147. 

Summary Authors

Kathleen Lok (12/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6767235/parties/bryant-v-woodall/


Attorney for Plaintiff

BECK, ANDREW D. (North Carolina)

BROOK, CHRISTOPHER A. (North Carolina)

CLAPMAN, ALICE J. (North Carolina)

Attorney for Defendant
Expert/Monitor/Master/Other

ADEN, STEVEN H. (North Carolina)

BILLER, ANTHONY JOSEPH (North Carolina)

show all people

Documents in the Clearinghouse

Document
1

1:16-cv-01368

Complaint for Injunctive and Declaratory Relief

Nov. 30, 2016

Nov. 30, 2016

Complaint
43

1:16-cv-01368

Order

Sept. 14, 2017

Sept. 14, 2017

Order/Opinion
71

1:16-cv-01368

Memorandum, Opinion, Order, and Recommendation of United States Magistrate Judge

Aug. 24, 2018

Aug. 24, 2018

Order/Opinion

2018 WL 2018

84

1:16-cv-01368

Memorandum Opinion and Order

March 25, 2019

March 25, 2019

Order/Opinion

363 F.Supp.3d 363

100

1:16-cv-01368

19-01685

USCA Opinion

U.S. Court of Appeals for the Fourth Circuit

June 23, 2021

June 23, 2021

Order/Opinion
122

1:16-cv-01368

Order

Aug. 17, 2022

Aug. 17, 2022

Order/Opinion

622 F.Supp.3d 622

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6767235/bryant-v-woodall/

Last updated April 6, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2028823.), filed by AMY BRYANT, MD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(BROOK, CHRISTOPHER) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

Clearinghouse
2

***FILED IN ERROR***Additional Attachments to Main Document re 1 Complaint Civil Action Cover Sheet. (Attachments: # 1 Civil Cover Sheet)(BROOK, CHRISTOPHER) Modified on 11/30/2016 to mark entry filed in error and removed the document from public view. (Garland, Leah) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
3

Corporate Disclosure Statement by PLANNED PARENTHOOD SOUTH ATLANTIC. (BROOK, CHRISTOPHER) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
4

NOTICE of Appearance by attorney IRENA COMO on behalf of Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC (COMO, IRENA) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
5

NOTICE of Appearance by attorney ANDREW D. BECK on behalf of Plaintiffs ELIZABETH DEANS, MD, BEVERLY GRAY, MD (BECK, ANDREW) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER

Case Assigned

Dec. 1, 2016

Dec. 1, 2016

PACER

Case Referred to Standing Order 30

Dec. 1, 2016

Dec. 1, 2016

PACER

Case ASSIGNED to UNASSIGNED and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle)

Dec. 1, 2016

Dec. 1, 2016

PACER

CASE REFERRED to Standing Order 30. (Coyne, Michelle)

Dec. 1, 2016

Dec. 1, 2016

PACER
6

NOTICE of Appearance by attorney JULIE RIKELMAN on behalf of Plaintiff AMY BRYANT, MD (RIKELMAN, JULIE) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
7

NOTICE of Appearance by attorney MAITHREYI RATAKONDA on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC (RATAKONDA, MAITHREYI) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
11

NOTICE of Appearance by attorney CARRIE Y. FLAXMAN on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC (FLAXMAN, CARRIE) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
12

NOTICE of Appearance by attorney GENEVIEVE E. SCOTT on behalf of Plaintiff AMY BRYANT, MD (SCOTT, GENEVIEVE) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
13

MOTION for Summary Judgment by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 1/13/2017 (Attachments: # 1 Exhibit Declaration of Amy Bryant, M.D., M.S.C.R., in Support of Plaintiffs' Motion for Summary Judgment, # 2 Exhibit Declaration of Jennifer Black in Support of Plaintiffs' Motion for Summary Judgment, # 3 Exhibit Declaration of Beverly Allen Gray, M.D., in Support of Plaintiffs' Motion for Summary Judgment)(SCOTT, GENEVIEVE) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
14

MEMORANDUM re 13 MOTION for Summary Judgment by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (SCOTT, GENEVIEVE) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
15

NOTICE of Appearance by attorney ISHAM FAISON HICKS on behalf of Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL (HICKS, ISHAM) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
16

ACCEPTANCE OF SERVICE of summons and complaint by counsel I. Faison Hicks on behalf of Defendants (BROOK, CHRISTOPHER) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
17

Summons Issued as to RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Greene, # 2 Echols, # 3 Brajer)(Coyne, Michelle) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
18

**FILED IN ERROR** NOTICE to Parties in Social Security Case. Plaintiffs Dispositive Motions due by 2/2/2017. Defendants Dispositive Motions due by 4/3/2017. (Daniel, J) Modified on 12/19/2016 to reflect filed in error and terminated public access. (Daniel, J). (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
19

MOTION for Extension of Time to File Answer re 13 MOTION for Summary Judgment, 1 Complaint by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Text of Proposed Order on motion for extension)(HICKS, ISHAM) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER

Motions Referred

Dec. 27, 2016

Dec. 27, 2016

PACER

Motions Referred: RE: 19 MOTION for Extension of Time to File Answer re 13 MOTION for Summary Judgment, 1 Complaint, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin)

Dec. 27, 2016

Dec. 27, 2016

PACER

Order on Motion for Extension of Time to Answer

Dec. 27, 2016

Dec. 27, 2016

PACER

TEXT ORDER granting 19 Motion for Extension of Time. Defendants shall answer or otherwise respond to 1 Complaint by 01/13/2017. Defendants shall file any response to 13 Motion for Summary Judgment by 01/27/2017. Issued by MAG/JUDGE L. PATRICK AULD on 12/27/2016. (AULD, L.)

Dec. 27, 2016

Dec. 27, 2016

PACER

Set/Reset Motion and R and R Deadlines/Hearings

Dec. 28, 2016

Dec. 28, 2016

PACER

Set Deadlines re 13 MOTION for Summary Judgment : Responses due by 1/27/2017. (Butler, Carol)

Dec. 28, 2016

Dec. 28, 2016

PACER
20

ANSWER to 1 Complaint by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
21

MOTION to Expedite Discovery by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER

Order on Motion to Expedite

Jan. 26, 2017

Jan. 26, 2017

PACER

TEXT ORDER temporarily granting in part 21 Motion for an Order Deferring Any Further Briefing on and Postponing any Hearing or Decision on 13 Motion for Summary Judgment, by staying the deadline for Defendants to respond to 13 Motion pending the final resolution of 21 Motion. Defendants have presented a colorable claim that they reasonably require more time to respond to 13 Motion and have represented that Plaintiffs have consented to an extension until 02/03/2017, but not the longer extension (and period for discovery) sought in 13 Motion. Under these circumstances, good cause exists to stay the deadline for Defendants to respond to 13 Motion pending a final resolution of 21 Motion, after Plaintiffs have had a full and fair opportunity to file a response (which reasonably could not occur before the current deadline as to 13 Motion). Issued by MAG/JUDGE L. PATRICK AULD on 01/26/2017. (AULD, L.)

Jan. 26, 2017

Jan. 26, 2017

PACER
22

NOTICE of Appearance by attorney ROBERT D. POTTER, JR on behalf of Amicus Parties PHIL BERGER, TIM MOORE (POTTER, ROBERT) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
23

MOTION for Leave to File Amicus Curiae Brief by PHIL BERGER, TIM MOORE. Response to Motion due by 2/17/2017 (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(POTTER, ROBERT) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
24

MEMORANDUM filed by Amicus Parties PHIL BERGER, TIM MOORE re 23 MOTION for Leave to File Amicus Curiae Brief filed by PHIL BERGER, TIM MOORE. (POTTER, ROBERT) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
25

NOTICE of Appearance by attorney KEVIN H. THERIOT on behalf of Amicus Parties PHIL BERGER, TIM MOORE (THERIOT, KEVIN) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
26

NOTICE of Appearance by attorney STEVEN H. ADEN on behalf of Amicus Parties PHIL BERGER, TIM MOORE (ADEN, STEVEN) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
27

RESPONSE in Opposition re 21 MOTION to Expedite Discovery filed by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. Replies due by 2/23/2017 (Attachments: # 1 Exhibit Abortion Reporting Form)(SCOTT, GENEVIEVE) (Entered: 02/09/2017)

1 Exhibit Abortion Reporting Form

View on PACER

Feb. 9, 2017

Feb. 9, 2017

RECAP
28

REPLY, filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL, to Response to 21 MOTION to Expedite Discovery filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER

Motions Referred

Feb. 27, 2017

Feb. 27, 2017

PACER

Motions Referred: RE: 23 MOTION for Leave to File Amicus Curiae Brief, 13 MOTION for Summary Judgment, 21 MOTION to Expedite Discovery, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Feb. 27, 2017

Feb. 27, 2017

PACER

Order on Motion for Leave to File

Feb. 28, 2017

Feb. 28, 2017

PACER

TEXT ORDER granting 23 Motion for Leave to File Amicus Curiae Brief. No party filed a timely response in opposition to 23 Motion and thus, under Local Rule 7.3(k), the Court treats 23 Motion as unopposed and generally subject to granting as a matter of course. The Court further finds no reason to depart from that general rule in this instance, but instead finds good cause to accept [23-1] Brief Amicus Curiae as filed. Issued by MAG/JUDGE L. PATRICK AULD on 02/28/2017. (AULD, L.)

Feb. 28, 2017

Feb. 28, 2017

PACER
29

Amicus BRIEF re 13 MOTION for Summary Judgment . (POTTER, ROBERT) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
30

Notice to Parties RE: SO30. Responses due by 4/24/2017 (Winchester, Robin) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
31

MEMORANDUM OPINION AND ORDER. Signed by MAG/JUDGE L. PATRICK AULD on 4/7/2017, that Defendants' Rule 56(d) Motion (Docket Entry 21 ) is GRANTED. Defendants may conduct discovery until June 6, 2017, regarding: (1) whether any fetuses between 20 and 26 weeks in North Carolina meet the definition of "viable" adopted by the Supreme Court, and, if so, how many and when; (2) whether fetuses between 20 and 26 weeks experience pain and, if so, when and to what degree; (3) whether abortions of fetuses between 20 and 26 weeks pose any greater health risks to pregnant women than abortions of fetuses before 20 weeks and, if so, when and to what degree; and (4) Plaintiffs' standing to bring this action. Defendants shall file any response to Plaintiffs' Motion for Summary Judgment (Docket Entry 13 ) by July 6, 2017. (Daniel, J) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
32

Joint MOTION to Stay by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Stay)(SCOTT, GENEVIEVE) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
33

CERTIFICATE OF SERVICE by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC Stipulated Motion to Stay (SCOTT, GENEVIEVE) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER

Motions Referred

April 19, 2017

April 19, 2017

PACER

Motions Referred: RE: 32 Joint MOTION to Stay, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

April 19, 2017

April 19, 2017

PACER
34

OBJECTION - Other re 31 Memorandeum Opinion and Order, by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (SCOTT, GENEVIEVE) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER

Order on Motion to Stay

April 24, 2017

April 24, 2017

PACER

TEXT ORDER granting 32 Stipulated Motion to Stay and staying discovery period established in 31 Order, pending resolution of 34 Objections. If the Court upholds 31 Order, the 60-day discovery period permitted in 31 Order shall follow from the date of the order upholding 31 Order and Defendants shall file any response to 12 Motion for Summary Judgment within 30 days after the expiration of that 60-day discovery period. Issued by MAG/JUDGE L. PATRICK AULD on 04/24/2017. (AULD, L.)

April 24, 2017

April 24, 2017

PACER
35

RESPONSE to 34 Objection re: 31 Memorandum Opinion and Order filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER

Case Reassigned

May 18, 2017

May 18, 2017

PACER

Case Reassigned to CHIEF JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria)

May 18, 2017

May 18, 2017

PACER

Case Referred to Judge

May 23, 2017

May 23, 2017

PACER

CASE REFERRED re: 31 Memorandum Opinion and Order, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

May 23, 2017

May 23, 2017

PACER
36

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 06/01/2017. On April 21, 2017, Plaintiffs filed notice of appeal (Doc. 34 ) from the Magistrate Judge's Memorandum Opinion and Order entered April 7, 2017, granting Defendants' Rule 56(d) Motion (Doc. 31 ). Defendants responded to Plaintiffs' objections and requested the court uphold the Magistrate Judge's decision. (Doc. 35 .) This court finds Defendants' request for discovery and the reasoning of the Magistrate Judge persuasive and not clearly erroneous. For these reasons, this court overrules Plaintiffs' objections and will affirm the order of the Magistrate Judge. This court dispenses with oral argument and hereby AFFIRMS the subject order of the Magistrate Judge.(Taylor, Abby) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
37

Joint MOTION for Extension of Time to Complete Discovery by AMY BRYANT, MD. (Attachments: # 1 Text of Proposed Order)(RIKELMAN, JULIE) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER

Motions Referred

July 26, 2017

July 26, 2017

PACER

Motions Referred: RE: 37 Joint MOTION for Extension of Time to Complete Discovery, to MAG/JUDGE L. PATRICK AULD - (Williamson, Wanda)

July 26, 2017

July 26, 2017

PACER

Order on Motion for Extension of Time to Complete Discovery

July 26, 2017

July 26, 2017

PACER

TEXT ORDER granting 37 Stipulated Motion for Extension of Discovery Period to Complete Expert Discovery. The parties shall complete depositions of Defendants' experts and Plaintiffs shall serve any rebuttal expert disclosures by 09/29/2017. Issued by MAG/JUDGE L. PATRICK AULD on 07/26/2017. (AULD, L.)

July 26, 2017

July 26, 2017

PACER

Set/Reset Scheduling Order Deadlines

July 26, 2017

July 26, 2017

PACER

Set/Reset Deadline: Discovery due by 9/29/2017. (Taylor, Abby)

July 26, 2017

July 26, 2017

PACER
38

Defendants' Amended ANSWER to 1 Complaint by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
39

NOTICE of Appearance by attorney CAROLINE M. SACERDOTE on behalf of Plaintiff AMY BRYANT, MD (SACERDOTE, CAROLINE) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
40

MOTION for Leave to Appear / Participate in Out-of-State Deposition Attorney Frank D. Mylar. by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. Response to Motion due by 9/21/2017 (HICKS, ISHAM) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER

Motions Referred

Sept. 1, 2017

Sept. 1, 2017

PACER

Motion Referred re: 40 MOTION for Leave to Participate in Out-of-State Deposition, Attorney Frank D. Mylar, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly)

Sept. 1, 2017

Sept. 1, 2017

PACER

Order on Motion for Leave to Appear

Sept. 1, 2017

Sept. 1, 2017

PACER

TEXT ORDER finding as moot 40 Motion to Permit Out-of-State Counsel to Participate in Out-of-State Deposition. Local Rule 83.1(c) only requires representation of "litigants" by members of this Court and thus the special appearance provision of Local Rule 83.1(d)(1) does not apply to witnesses. Nor does the issuing Magistrate Judge know of any authority that would prevent a Utah attorney from representing a witness at a deposition taken in Utah, simply because the deposition concerns a case in this Court. Issued by MAG/JUDGE L. PATRICK AULD on 09/01/2017. (AULD, L.)

Sept. 1, 2017

Sept. 1, 2017

PACER
41

NOTICE of Appearance by attorney ALICE J. CLAPMAN on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC (CLAPMAN, ALICE) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
42

NOTICE of Appearance by attorney FRANK D. MYLAR, JR on behalf of Witness Maureen L Condic (MYLAR, FRANK) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
43

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/14/2017, that Plaintiffs' motion for summary judgment (Doc. 13 ) is DENIED WITHOUT PREJUDICE as NOT RIPE and MOOT. FURTHER that Plaintiffs may file a new motion for summary judgment and brief in support thereof within 30 days of the close of discovery. Defendants shall file a response within 30 days of the filing of Plaintiffs' motion. FURTHER that this order is hereby STAYED for a period of ten calendar days from the date of the filing of this order to permit the filing of any objections from the parties. If any objections are filed, the stay will continue in effect until further ruling of this court or the Magistrate Judge. If no objections are filed, the stay shall terminate and the order shall become effective. (Taylor, Abby) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

Clearinghouse
44

Second MOTION for Summary Judgment by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 11/29/2017 (SCOTT, GENEVIEVE) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
45

MEMORANDUM re 44 Second MOTION for Summary Judgment by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (SCOTT, GENEVIEVE) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
46

DECLARATION of Genevieve Scott by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit A McCaffrey Deposition 179-182, # 2 Exhibit B McCaffrey Deposition 69-76, # 3 Exhibit C McCaffrey Deposition 120-25, # 4 Exhibit D Thorp Deposition 150-53, # 5 Exhibit E McCaffrey Deposition 121-25, # 6 Exhibit F McCaffrey Deposition 114-21)(SCOTT, GENEVIEVE) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
47

DECLARATION re 44 Second MOTION for Summary Judgment of Gray, M.D. by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit A Gray CV)(SCOTT, GENEVIEVE) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
48

MOTION for Extension of Time to File Response/Reply as to 44 Second MOTION for Summary Judgment by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Text of Proposed Order to Motion for Extension)(HICKS, ISHAM) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER

Motions Referred

Nov. 29, 2017

Nov. 29, 2017

PACER

Motion Referred: RE: 48 MOTION for Extension of Time to File Response/Reply as to 44 Second MOTION for Summary Judgment, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly)

Nov. 29, 2017

Nov. 29, 2017

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 29, 2017

Nov. 29, 2017

PACER

TEXT ORDER granting 48 Unopposed Motion for a Five (5) Day Extension of Time. Defendants shall file any response to 44 Second Motion for Summary Judgment by 12/04/2017. Issued by MAG/JUDGE L. PATRICK AULD on 11/29/2017. (AULD, L.)

Nov. 29, 2017

Nov. 29, 2017

PACER
49

NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Amicus State of West Virginia (BILLER, ANTHONY) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
50

MOTION for Leave to File Brief of Amici Curiae State of West Virginia and 11 Other States in Opposition to Plaintiffs' Motion for Summary Judgment by State of West Virginia. Responses due by 12/20/2017 (Attachments: # 1 Exhibit Brief of Amici Curiae, # 2 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
51

NOTICE of Appearance by attorney ERICA N. PETERSON on behalf of Amicus State of West Virginia (PETERSON, ERICA) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
52

RESPONSE in Opposition re 44 Second MOTION for Summary Judgment filed by PLANNED PARENTHOOD SOUTH ATLANTIC, ELIZABETH DEANS, MD, AMY BRYANT, M.D., BEVERLY GRAY, MD filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. Replies due by 12/18/2017 (HICKS, ISHAM) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
53

DECLARATION of Isham Faison Hicks filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 52 Response in Opposition to Motion, filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Exhibit 1 Bryant Disc. Resp., # 2 Exhibit 2 Gray Disc. Resp., # 3 Exhibit 3 Deans Disc. Resp., # 4 Exhibit 4 PPSA Disc. Resp., # 5 Exhibit 5 McCaffrey Dep. w/exhibits)(HICKS, ISHAM) Filing counsel advised attachments filed publicly in error. Motion to seal forthcoming. Modified on 12/18/2017 to temporarily restrict attachments pending ruling on motion to seal. (Marsh, Keah) (Modified on 9/6/2018 to remove access restriction - See Doc. 71 ) (Welch, Kelly). (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
54

DECLARATION of Martin J. McCaffrey, M.D. filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 52 Response in Opposition to Motion, filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Exhibit 1 McCaffrey C.V.)(HICKS, ISHAM) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
55

DECLARATION of Martin J. McCaffrey, M.D. filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 52 Response in Opposition to Motion, filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (HICKS, ISHAM) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
56

DECLARATION of John M. Thorp, Jr., M.D. filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 52 Response in Opposition to Motion, filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Exhibit 1 Thorp C.V.)(HICKS, ISHAM) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
57

DECLARATION of Maureen L. Condic, PhD filed by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 52 Response in Opposition to Motion, filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. (Attachments: # 1 Exhibit A Condic C.V.)(HICKS, ISHAM) (Entered: 12/04/2017)

1 Exhibit A Condic C.V.

View on PACER

Dec. 4, 2017

Dec. 4, 2017

RECAP
58

REPLY, filed by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC, to Response to 44 Second MOTION for Summary Judgment filed by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (SCOTT, GENEVIEVE) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
59

DECLARATION of Genevieve Scott filed by Plaintiffs AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC re 58 Reply to Response to Motion, filed by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit A Thorp Deposition Excerpts)(SCOTT, GENEVIEVE) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER

Motions Referred

Jan. 3, 2018

Jan. 3, 2018

PACER

Motions Referred re: 44 Second MOTION for Summary Judgment, 50 MOTION for Leave to File Brief of Amici Curiae State of West Virginia and 11 Other States in Opposition to Plaintiffs' Motion for Summary Judgment, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly)

Jan. 3, 2018

Jan. 3, 2018

PACER
60

MOTION by Defendants to Permanently Restrict Access to Exhibits 1-4 to Declaration of Isham Faison Hicks and Notice of Filing of Redacted, Non-Confidential Versions of Said Exhibits re 53 Declaration,, of Isham Faison Hicks by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. Response to Motion due by 1/30/2018 (Attachments: # 1 Exhibit 1 - Redacted Exhibits 1-4 of Declaration of Isham Faison Hicks (Dkt. 53), # 2 Text of Proposed Order on Defendants' Motion to Permanently Restrict and Notice of Filing)(HICKS, ISHAM) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
61

WITHDRAWAL of Motion by Defendants RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL re 60 MOTION by Defendants to Permanently Restrict Access to Exhibits 1-4 to Declaration of Isham Faison Hicks and Notice of Filing of Redacted, Non-Confidential Versions of Said Exhibits re 53 Declaration,, of Isham Faison Hicks filed by RICK BRAJER, ELEANOR E. GREENE, ROGER ECHOLS, JIM WOODALL (Attachments: # 1 Exhibit Exhibits 1-4 to Declaration of Isham Faison Hicks, # 2 Text of Proposed Order on Motion to Restrict and Notice of Filing)(HICKS, ISHAM) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
62

MOTION to Strike 53 Declaration,, Exhibits 1, 2, 3, and 4 by AMY BRYANT, MD, ELIZABETH DEANS, MD, BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 4/4/2018 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Stay)(SCOTT, GENEVIEVE) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
63

RESPONSE in Support re 62 MOTION to Strike 53 Declaration,, Exhibits 1, 2, 3, and 4 filed by RICK BRAJER, ROGER ECHOLS, ELEANOR E. GREENE, JIM WOODALL. Replies due by 3/29/2018 (HICKS, ISHAM) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Nov. 30, 2016

Closing Date: Aug. 17, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Planned Parenthood South Atlantic (a not-for-profit corporation providing abortion care in North Carolina) and three licensed physicians who wish to provide pre-viability abortions after the twentieth week of pregnancy to their patients.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District Attorney for Prosecutorial District 15B, County

District Attorney for Prosecutorial District 14, County

President of the North Carolina Medical Board, State

Secretary of the North Carolina Department of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2019 - 2022

Issues

Reproductive rights:

Criminalization

Time-based abortion prohibition

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

Abortion

Type of Facility:

Non-government non-profit