Case: American College of Obstetricians & Gynecologists v. United States Food and Drug Administration

8:20-cv-01320 | U.S. District Court for the District of Maryland

Filed Date: May 27, 2020

Closed Date: May 19, 2021

Clearinghouse coding complete

Case Summary

On May 27, 2020, the American College of Obstetricians & Gynecologists ("ACOG"), a nonprofit organization representing obstetricians and gynecologists, a New York-based nonprofit advocacy organization representing family medicine, a nationwide nonprofit representing women and transgender people of color, and a family medicine doctor and certified mifepristone (a medical abortion pill) prescriber, represented by the ACLU, filed suit in the U.S. District Court for the District of ­­Maryland. The …

On May 27, 2020, the American College of Obstetricians & Gynecologists ("ACOG"), a nonprofit organization representing obstetricians and gynecologists, a New York-based nonprofit advocacy organization representing family medicine, a nationwide nonprofit representing women and transgender people of color, and a family medicine doctor and certified mifepristone (a medical abortion pill) prescriber, represented by the ACLU, filed suit in the U.S. District Court for the District of ­­Maryland. The plaintiffs challenged an FDA Risk Evaluation and Mitigation Strategy ("REMS") provision that required patients to pick up the medication at a clinic, medical office, or hospital from a health care provider who had pre-registered with the drug manufacturer and arranged to order and stock the abortion pill, mifepristone, in their health care facility. The plaintiffs filed suit against the Food and Drug Administration ("FDA"), its Commissioner, the Department of Health and Human Services ("HHS"), and its Secretary, alleging that during the COVID-19 pandemic, the defendants' enforcement of REMS requirements violated patients' due process rights by unnecessarily exposing patients and clinicians to heightened COVID-19 risks, which jeopardized their health and lives for no governmental interest. The plaintiffs further claimed that the defendants violated their equal protection rights because the FDA subjected only sixteen of the 20,000 FDA-approved drugs to the REMS requirement, and of them, mifepristone and its brand name counterpart–Mifeprex–were the only drugs that the FDA regulated the distribution but not the administration of the drugs. The plaintiffs sought declaratory relief, preliminary and permanent injunctive relief of the REMS requirement for the duration of COVID-19, and attorneys' fees. The plaintiffs sued under Ex parte Young for their equal protection and due process rights guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution. The plaintiffs filed their motion for preliminary injunction on May 27, 2020. The case was assigned to Judge Theodore D. Chuang.

On June 8, 2020, the States of Indiana, Louisiana, Alabama, Arkansas, Idaho, Kentucky, Mississippi, Missouri, Nebraska, and Oklahoma filed a motion to intervene in this case, which the court rejected on June 15, 2020. On July 6, the same states filed a motion for reconsideration. 

On July 13, 2020, the court ruled on the plaintiffs' motion for preliminary injunction, granting it solely on the due process claim which arose from the REMS in-person requirements applicable to prescribing mifepristone to medication abortion patients. The court held that the physicians who faced potential injury or criminal sanction by FDA if they did not comply with in-person requirements for mifepristone demonstrated injury-in-fact, the physician plaintiffs had standing to assert third-party patients' right to abortion, and the undue burden standard applied to plaintiffs' challenge to in-person requirements for mifepristone. 472 F. Supp. 3d 183. On July 29, 2020, the plaintiffs filed a motion for clarification or modification of the preliminary injunction. Specifically, they sought for mail-order delivery and purchase of mifepristone to be legal.

The defendants were enjoined from enforcing, threatening to enforce, or otherwise applying the REMS requirements, without geographic limitation until 30 days after the end of the Public Health Emergency declared by the CDC in response to COVID-19. On July 22, 2020, the defendants appealed three orders in the U.S. Court of Appeals for the Fourth Circuit (1) the order granting, in part, the preliminary injunction and the order denying the motion for reconsideration (No. 20-1824), and (3) the order denying the intervening states (No. 20-1784).

Two days later, on July 24, the defendants filed a motion to stay the preliminary injunction pending, which the district court denied on July 30, 2020. On the same day, the defendants appealed the denial on their motion to stay the preliminary injunction. On August 13, 2020, the Fourth Circuit denied their motion to stay the preliminary injunction. 

On July 29, 2020, the plaintiffs had filed their motion for modification or clarification of the preliminary injunction. The district court granted in part and denied in part the plaintiffs’ motion on August 19, 2020. The court clarified that if mifepristone was distributed first to a certified healthcare provider when it was sent to that provider’s own account at a mail-order pharmacy, the mail-order pharmacy would simply be an agent storing and mailing the mifepristone on behalf of the healthcare provider and not acting as a retail pharmacy, confirming that it was legal to order the drugs through the mail. The court denied the motion to modify their order because the court did not find that the order was inconsistent with the clarification. 2020 WL 8167535.

On August 26, 2020, the defendants filed for a stay of the preliminary injunction pending appeal in the Supreme Court (No. 20-A-34), arguing that the injunction was overly broad given that it applied nationwide and lasted indefinitely.
 
On September 10, 2020, the plaintiffs appealed the district court's denial to modify the wording of their order to the Fourth Circuit. 20-1970.
 
The Supreme Court, on October 8, 2020, temporarily held the government's application in abeyance to permit the district court to consider whether to dissolve or modify the preliminary injunction. On October 30, 2020, the defendants filed their renewed motion for a stay and for an indicative ruling dissolving the injunction, arguing that the pandemic had become so severe that having to leave one's home to pick up their abortion medication was a marginal increase in risk and thus not an undue burden on the plaintiffs' patients.

On December 9, 2020, the district court denied the October 30 motion, holding that health risks and economic conditions associated with the COVID-19 pandemic had not sufficiently changed, leaving an undue burden on patients seeking an abortion, and that a modification of geographic scope of nationwide preliminary injunction was not warranted. 506 F. Supp. 3d 328.

Six days later, on December 15, the acting solicitor general filed their second petition to the Supreme Court to reconvene the proceedings since the district court had denied the defendants' October 30 motion. On January 12, 2021, the Supreme Court granted the defendants' motion for stay of the injunction pending the appeal in the Fourth Circuit and the petition for a writ of certiorari. The Court held that if the writ of certiorari were denied, the stay would terminate automatically, and if the writ were granted, the stay would terminate upon the delivery date of the judgment. 141 S. Ct. 578. 

On April 12, 2021, the new administration’s FDA issued a letter to the plaintiff stating that if the other requirements of the REMS were met, the FDA intended to exercise enforcement discretion when enforcing the in-person dispensing requirement of REMS Program, including any in-person requirements that were related to the Patient Agreement Form and dispensing mifepristone through the mail either by a certified prescriber, or through a mail-order pharmacy under the supervision of a certified prescriber. In light of this, the parties jointly filed motions to voluntarily dismiss on May 11, 2021. The district court granted the parties’ jointly filed motion to dismiss on May 13, 2019. The Fourth Circuit granted the parties’ jointly filed motion to dismiss their case on May 19, 2021. 2021 WL 3276054.  

The case is now closed.

Summary Authors

Calvin Kim (10/17/2022)

Calvin Kim (11/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17196482/parties/american-college-of-obstetricians-gynecologists-v-united-states-food-and/


Judge(s)

Chuang, Theodore David (Maryland)

Attorney for Plaintiff

Chaiten, Lorie (Maryland)

Attorney for Defendant

Administration, United States (Maryland)

Amgott, Jonathan (Maryland)

Bush, Alexander Alan (Maryland)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

8:20-cv-01320

Complaint

May 27, 2020

May 27, 2020

Complaint
72

8:20-cv-01320

Order

June 15, 2020

June 15, 2020

Order/Opinion

467 F.Supp.3d 467

91

8:20-cv-01320

Order

July 13, 2020

July 13, 2020

Order/Opinion

472 F.Supp.3d 472

93

8:20-cv-01320

Order

July 13, 2020

July 13, 2020

Order/Opinion

472 F.Supp.3d 472

110

8:20-cv-01320

Order

July 30, 2020

July 30, 2020

Order/Opinion
119

8:20-cv-01320

Order

Aug. 19, 2020

Aug. 19, 2020

Order/Opinion

2020 WL 2020

145

8:20-cv-01320

Order

Dec. 9, 2020

Dec. 9, 2020

Order/Opinion

506 F.Supp.3d 506

156

8:20-cv-01320

Joint Status Report

May 6, 2021

May 6, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17196482/american-college-of-obstetricians-gynecologists-v-united-states-food-and/

Last updated Feb. 25, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration ( Filing fee $ 400 receipt number 0416-8669702.), filed by New York State Academy of Family Physicians, Council of University Chairs of Obstetrics and Gynocology, American College of Obstetricians & Gynecologists, Sistersong Women of Color Reproductive Justice Collective, Honor MacNaughton M.D.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Index to Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Summons upon the Food and Drug Administration, # 10 Summons upon Stephan Hahn M.D., # 11 Summons upon the United States Department of Health and Human Services, # 12 Summons upon Alex M Azar II)(Freedman, John) (Entered: 05/27/2020)

1 Civil Cover Sheet

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2 Exhibit Index to Exhibits

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Summons upon the Food and Drug Administration

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10 Summons upon Stephan Hahn M.D.

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11 Summons upon the United States Department of Health and Human Services

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12 Summons upon Alex M Azar II

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May 27, 2020

May 27, 2020

Clearinghouse
2

QC NOTICE: 1 Complaint,,, filed by Honor MacNaughton M.D., American College of Obstetricians & Gynecologists, Sistersong Women of Color Reproductive Justice Collective, New York State Academy of Family Physicians, Council of University Chairs of Obstetrics and Gynocology was filed incorrectly. **The following attachments or exhibits are missing - Summons. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland. To correct this problem, file Summons using the event Notice (Other) and link Summons to 1 . (ybs, Deputy Clerk) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
3

Summons Issued 60 days as to Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration(ybs, Deputy Clerk) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
4

Local Rule 103.3 Disclosure Statement by American College of Obstetricians & Gynecologists identifying Other Affiliate ACOG Foundation, Other Affiliate ACOG Landholding for American College of Obstetricians & Gynecologists.(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
5

Local Rule 103.3 Disclosure Statement by Council of University Chairs of Obstetrics and Gynocology (Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
6

Local Rule 103.3 Disclosure Statement by New York State Academy of Family Physicians identifying Other Affiliate American Academy of Family Physicians for New York State Academy of Family Physicians.(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
7

Local Rule 103.3 Disclosure Statement by Sistersong Women of Color Reproductive Justice Collective (Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
8

NOTICE by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective re 1 Complaint,,, Summons upon U.S. Attorney's Office for the District of Maryland (Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
9

NOTICE by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective re 1 Complaint,,, Summons upon William P. Barr, U.S. Attorney General (Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
10

Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(ybs, Deputy Clerk) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
11

MOTION for Preliminary Injunction by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective (Attachments: # 1 Memorandum in Support Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit Index to Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Text of Proposed Order)(Freedman, John) (Entered: 05/27/2020)

1 Memorandum in Support Plaintiffs' Memorandum in Support of Motion for Preli

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2 Exhibit Index to Exhibits

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Text of Proposed Order

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May 27, 2020

May 27, 2020

RECAP
12

Amended and Corrected Memorandum of Law in Support of 11 MOTION for Preliminary Injunction (Corrected and Amended Brief in Support of Motion for Preliminary Injunction) filed by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective.(Freedman, John) Modified on 5/28/2020 (ybs, Deputy Clerk). (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
13

MOTION to Appear Pro Hac Vice for Ruth Harlow (Filing fee $100, receipt number 0416-8670318.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
14

MOTION to Appear Pro Hac Vice for Rachel Reeves (Filing fee $100, receipt number 0416-8670335.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
15

MOTION to Appear Pro Hac Vice for Anjali Dalal (Filing fee $100, receipt number 0416-8670342.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
16

MOTION to Appear Pro Hac Vice for Jennifer Dalven (Filing fee $100, receipt number 0416-8670348.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
17

MOTION to Appear Pro Hac Vice for Julia Kaye (Filing fee $100, receipt number 0416-8670351.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
18

MOTION to Appear Pro Hac Vice for Lorie Chaiten (Filing fee $100, receipt number 0416-8670352.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
19

MOTION to Appear Pro Hac Vice for Jocelyn A. Wiesner (Filing fee $100, receipt number 0416-8670361.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
20

MOTION to Appear Pro Hac Vice for Gina Colarusso (Filing fee $100, receipt number 0416-8670362.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
21

MOTION to Appear Pro Hac Vice for Andrew Tutt (Filing fee $100, receipt number 0416-8670365.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynocology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
22

CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 5/28/2020. (ybs, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
23

NOTICE scheduling a Case Management Conference for May 29, 2020 at 2:00 p.m.. Signed by Judge Theodore D. Chuang on 5/28/2020. (ybs, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
24

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Ruth E Harlow. Directing attorney Ruth E Harlow to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
25

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Rachel Reeves. Directing attorney Rachel Reeves to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
26

PAPERLESS ORDER granting 15 Motion to Appear Pro Hac Vice on behalf of Anjali Dalal. Directing attorney Anjali Dalal to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
27

PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice on behalf of Jennifer Dalven. Directing attorney Jennifer Dalven to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
28

PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Julia Kaye. Directing attorney Julia Kaye to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
29

PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Lorie Chaiten. Directing attorney Lorie Chaiten to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
30

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Jocelyn Wiesner. Directing attorney Jocelyn Wiesner to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
31

PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Gina Colarusso. Directing attorney Gina Colarusso to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
32

PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Andrew T Tutt. Directing attorney Andrew T Tutt to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/28/2020. (srds, Deputy Clerk) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
33

Request for Conference (Freedman, John) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
34

NOTICE of Appearance by Hilary Keith Perkins on behalf of All Defendants (Perkins, Hilary) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
35

NOTICE of Appearance by Molissa Heather Farber on behalf of All Defendants (Farber, Molissa) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
36

SUMMONS Returned Executed by New York State Academy of Family Physicians, Council of University Chairs of Obstetrics and Gynecology, American College of Obstetricians & Gynecologists, Sistersong Women of Color Reproductive Justice Collective, Honor MacNaughton M.D.. All Defendants. (Attachments: # 1 Attachment Declaration of Joselyn A. Wiesner, # 2 Attachment Affidavit of Service for Food and Drug Administration, # 3 Attachment Affidavit of Service for Stephen M. Hahn, M.D.)(Wiesner, Jocelyn) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
37

SCHEDULING ORDER re: Case Management Conference. Signed by Judge Theodore D. Chuang on 6/1/2020. (ybs, Deputy Clerk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
38

MOTION to Appear Pro Hac Vice for Laura Etlinger (Filing fee $100, receipt number 0416-8680956.) by State Of Maryland(Snyder, Adam) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
39

MOTION to Appear Pro Hac Vice for Blair Greenwald (Filing fee $100, receipt number 0416-8681029.) by State Of Maryland(Snyder, Adam) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
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PAPERLESS ORDER granting 38 Motion to Appear Pro Hac Vice on behalf of Laura Etlinger. Directing attorney Laura Etlinger to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/3/2020. (srds, Deputy Clerk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
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PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice on behalf of Blair Greenwald. Directing attorney Blair Greenwald to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/3/2020. (srds, Deputy Clerk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
42

Consent MOTION for Leave to File Brief of Amici Curiae by Medical Associations (Attachments: # 1 Brief of Amici Curiae)(Shapiro, Howard) (Entered: 06/03/2020)

1 Brief of Amici Curiae

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June 3, 2020

June 3, 2020

PACER
43

Amici Brief in RESPONSE to Motion re 11 MOTION for Preliminary Injunction Amici Curiae Brief for the states of New York, Maryland, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia filed by State Of Maryland.(Greenwald, Blair) Modified on 6/4/2020 (ybs, Deputy Clerk). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
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MOTION to Appear Pro Hac Vice for David J. Weiner (Filing fee $100, receipt number 0416-8686344.) by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective(Freedman, John) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
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PAPERLESS ORDER granting 42 Motion for Leave to File. Signed by Judge Theodore D. Chuang on 6/5/2020. (sb3s, Chambers) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
46

Correspondence re: Notice of Intent to File Motion to Intervene (Bush, Alexander) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
47

PAPERLESS NOTICE. A CASE MANAGEMENT CONFERENCE is scheduled for June 8, 2020 at 12:30 p.m. to discuss 46 NOTICE OF INTENT TO INTERVENE. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 06081230 followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. Also, we ask that parties not remain on the conference line after the Judge has left the call, to ensure that the line is free for other calls that may be on the Judge's calendar. The parties should also be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Case Management Conference and, if possible, present joint views to the Court.(sb3s, Chambers) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
48

PAPERLESS NOTICE. The Case Management Conference currently scheduled for June 8, 2020 at 12:30 p.m. is RESCHEDULED to June 8, 2020 at 1:00 p.m. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 06080100 followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. Also, we ask that parties not remain on the conference line after the Judge has left the call, to ensure that the line is free for other calls that may be on the Judge's calendar. The parties should also be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Case Management Conference and, if possible, present joint views to the Court. (sb3s, Chambers) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
49

MOTION to Appear Pro Hac Vice for Thomas M. Fisher Indiana State Solicitor General (Filing fee $100, receipt number 0416-8688758.) by Indiana, State of(Bush, Alexander) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
50

RESPONSE re 37 Scheduling Order (Joint) filed by Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration.(Farber, Molissa) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
51

MOTION to Intervene by Indiana, State of, State of Louisiana, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma (Attachments: # 1 Memorandum in Support)(Bush, Alexander) (Entered: 06/08/2020)

1 Memorandum in Support

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June 8, 2020

June 8, 2020

RECAP
52

PAPERLESS ORDER granting 44 Motion to Appear Pro Hac Vice on behalf of David J Weiner. Directing attorney David J Weiner to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/9/2020. (srds, Deputy Clerk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
53

PAPERLESS ORDER granting 49 Motion to Appear Pro Hac Vice on behalf of Thomas M Fisher. Directing attorney Thomas M Fisher to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/9/2020. (srds, Deputy Clerk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
54

ORDER regarding June 8, 2020 Case Management Conference. Signed by Judge Theodore D. Chuang on 6/9/2020. (ybs, Deputy Clerk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
55

MOTION to Appear Pro Hac Vice for Julia C. Payne (Filing fee $100, receipt number 0416-8692374.) by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma(Bush, Alexander) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
56

CORRECTED MOTION to Appear Pro Hac Vice for Thomas M. Fisher by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma. The fee has already been paid.(Bush, Alexander) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
57

MOTION to Appear Pro Hac Vice for Stephen S. Schwartz (Filing fee $100, receipt number 0416-8692859.) by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma(Bush, Alexander) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
58

MOTION to Appear Pro Hac Vice for Gene C. Schaerr (Filing fee $100, receipt number 0416-8692893.) by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma(Bush, Alexander) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
59

MOTION to Appear Pro Hac Vice for Elizabeth Murrill Louisiana Solicitor General (Filing fee $100, receipt number 0416-8694949.) by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma(Bush, Alexander) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
60

MOTION to Appear Pro Hac Vice for Joseph St. John (Filing fee $100, receipt number 0416-8695119.) by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma(Bush, Alexander) Modified on 6/11/2020 (ybs, Deputy Clerk). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
61

RESPONSE in Opposition re 51 MOTION to Intervene filed by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective. (Attachments: # 1 Exhibit 1)(Freedman, John) (Entered: 06/10/2020)

1 Exhibit 1

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June 10, 2020

June 10, 2020

RECAP
62

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit Index, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21, # 14 Exhibit 22, # 15 Exhibit 23, # 16 Exhibit 24, # 17 Exhibit 25)(Perkins, Hilary) (Entered: 06/10/2020)

1

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2

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4

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5

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6

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7

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9

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10

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11

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12

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13

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14

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15

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16

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17

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June 10, 2020

June 10, 2020

RECAP
63

(Amicus Brief) RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma. (Attachments: # 1 Appendix, # 2 Affidavit A, # 3 Affidavit B, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit B3, # 7 Exhibit B4, # 8 Exhibit B5, # 9 Exhibit B6, # 10 Exhibit B7, # 11 Exhibit B8, # 12 Exhibit B9, # 13 Exhibit B10, # 14 Exhibit B11, # 15 Exhibit B12, # 16 Exhibit B13, # 17 Exhibit B14, # 18 Exhibit B15, # 19 Exhibit B16, # 20 Exhibit B17, # 21 Exhibit B18, # 22 Exhibit B19, # 23 Affidavit C, # 24 Affidavit D, # 25 Affidavit E, # 26 Affidavit F, # 27 Affidavit G)(Bush, Alexander) Modified on 6/15/2020 (ybs, Deputy Clerk). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
64

PAPERLESS ORDER granting 55 Motion to Appear Pro Hac Vice on behalf of Julia Payne. Directing attorney Julia Payne to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
65

PAPERLESS ORDER granting 56 Corrected Motion to Appear Pro Hac Vice on behalf of Thomas M Fisher. Directing attorney Thomas M Fisher to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
66

PAPERLESS ORDER granting 57 Motion to Appear Pro Hac Vice on behalf of Stephen S Schwartz. Directing attorney Stephen S Schwartz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
67

PAPERLESS ORDER granting 58 Motion to Appear Pro Hac Vice on behalf of Gene C Schaerr. Directing attorney Gene C Schaerr to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
68

(FILED IN ERROR) PAPERLESS ORDER granting 60 Motion to Appear Pro Hac Vice on behalf of Elizabeth Murrill. Directing attorney Elizabeth Murrill to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) Modified on 6/11/2020 (ybs, Deputy Clerk). (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
69

PAPERLESS ORDER granting 59 Directing attorney Elizabeth Murrill to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
70

PAPERLESS ORDER granting 60 Motion to Appear Pro Hac Vice on behalf of Joseph St. John. Directing attorney Joseph St. John to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/11/2020. (srds, Deputy Clerk) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
71

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 6/15/2020. (ybs, Deputy Clerk) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

RECAP
72

ORDER denying 51 Motion to Intervene. Signed by Judge Theodore D. Chuang on 6/15/2020. (ybs, Deputy Clerk) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

Clearinghouse
73

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective. (Attachments: # 1 Affidavit MacNaughton Second Declaration)(Freedman, John) (Entered: 06/16/2020)

1 Affidavit MacNaughton Second Declaration

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June 16, 2020

June 16, 2020

PACER
74

AMENDED COMPLAINT against All Defendants, filed by Council of University Chairs of Obstetrics and Gynecology, American College of Obstetricians & Gynecologists, New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective, Honor MacNaughton M.D.. (Attachments: # 1 Exhibit 1. Original Amended Complaint, # 2 Exhibit 2. Redline of Amended Complaint)(Freedman, John) (Entered: 06/17/2020)

1 Exhibit 1. Original Amended Complaint

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2 Exhibit 2. Redline of Amended Complaint

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June 17, 2020

June 17, 2020

PACER
75

Correspondence re: Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 62) (Perkins, Hilary) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
76

Motion Hearing held on 6/19/2020 before Judge Theodore D. Chuang re 11 MOTION for Preliminary Injunction filed by Honor MacNaughton M.D., American College of Obstetricians & Gynecologists, Sistersong Women of Color Reproductive Justice Collective, Council of University Chairs of Obstetrics and Gynecology, New York State Academy of Family Physicians (Court Reporter: Rebecca Stonestreet) (ds2s, Deputy Clerk) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
77

Correspondence re: Pre-Motion Notice of Intent (Bush, Alexander) Modified on 6/22/2020 (ybs, Deputy Clerk). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
78

Correspondence re: Court's Request During Hearing on Plaintiffs' Motion for Preliminary Injunction (Perkins, Hilary) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
79

Correspondence re: 28(j) letter - People First of Ala. v. Secy of State for the State of Ala., Case No. 20-12184 (11th Cir. June 25, 2020) (Attachments: # 1 Exhibit A)(Freedman, John) (Entered: 06/26/2020)

1 Exhibit A

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June 26, 2020

June 26, 2020

RECAP
80

Joint MOTION for Leave to File Supplemental Briefs on June Medical Services, L.L.C. v. Russo by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 06/30/2020)

1 Text of Proposed Order

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June 30, 2020

June 30, 2020

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81

ORDER re 77 Correspondence re: Pre-Motion Notice of Intent (Bush, Alexander). Signed by Judge Theodore D. Chuang on 6/30/2020. (ybs, Deputy Clerk) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
82

ORDER granting 80 Joint MOTION for Leave to File Supplemental Briefs on June Medical Services, L.L.C. v. Russo. Signed by Judge Theodore D. Chuang on 6/30/2020. (ybs, Deputy Clerk) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
83

Correspondence re: Defendants' Response to Plaintiffs' 28(j) Letter (Dkt. 79 ) (Perkins, Hilary) Modified on 7/2/2020 (ybs, Deputy Clerk). (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

RECAP
84

Supplemental to 62 Response in Opposition to Motion,, filed by Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration (Defendants' Supplemental Brief) (Perkins, Hilary) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

RECAP
85

RESPONSE in Support re 80 Joint MOTION for Leave to File Supplemental Briefs on June Medical Services, L.L.C. v. Russo, 11 MOTION for Preliminary Injunction filed by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective.(Freedman, John) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

RECAP
86

Substantive legal issues - addressing (Attachments: # 1 Exhibit 1)(Freedman, John) (Entered: 07/06/2020)

1 Exhibit 1

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July 6, 2020

July 6, 2020

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87

Correspondence re: Defendants' Response to Plaintiffs' July 6 Letter (Dkt. 86 ) (Perkins, Hilary) Modified on 7/7/2020 (ybs, Deputy Clerk). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

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88

MOTION for Reconsideration re 72 Order on Motion to Intervene by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma (Attachments: # 1 Exhibit A)(Bush, Alexander) (Entered: 07/06/2020)

1 Exhibit A

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July 6, 2020

July 6, 2020

PACER
89

RESPONSE in Opposition re 88 MOTION for Reconsideration re 72 Order on Motion to Intervene filed by American College of Obstetricians & Gynecologists, Council of University Chairs of Obstetrics and Gynecology, Honor MacNaughton M.D., New York State Academy of Family Physicians, Sistersong Women of Color Reproductive Justice Collective.(Freedman, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
90

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 7/13/2020. (ybs, Deputy Clerk) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
91

ORDER granting in part and denying in part 11 Motion for Preliminary Injunction. Signed by Judge Theodore D. Chuang on 7/13/2020. (ybs, Deputy Clerk) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

Clearinghouse
92

PRELIMINARY INJUNCTION. Signed by Judge Theodore D. Chuang on 7/13/2020. (ybs, Deputy Clerk) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

Clearinghouse
93

ORDER denying 88 Motion for Reconsideration. Signed by Judge Theodore D. Chuang on 7/13/2020. (ybs, Deputy Clerk) Modified on 7/20/2020 (ybs, Deputy Clerk). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

Clearinghouse
94

Registry Bond Deposit Received for 8:20-cv-01320-TDC, American College of Obstetricians & Gynecologists et al v. United States Food and Drug Administration et al Check Received on 7/15/2020 from ARNOLD & PORTER KAYE SCHOLER LLP Amount $1,000.00 Check # 10401539 Receipt # 84637036461 (ybs, Deputy Clerk) Modified on 7/15/2020 (ybs, Deputy Clerk). (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
95

NOTICE OF APPEAL as to 91 Order on Motion for Preliminary Injunction, 72 Order on Motion to Intervene, 93 Order on Motion for Reconsideration by Indiana, State of, State of Alabama, State of Arkansas, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Oklahoma. Filing fee $ 505, receipt number 0416-8756564.(Bush, Alexander) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
96

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 95 Notice of Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(nus, Deputy Clerk) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
97

USCA Case Number 20-1784 for 95 Notice of Appeal, filed by State of Oklahoma, State of Mississippi, State of Alabama, Indiana, State of, State of Nebraska, State of Arkansas, State of Missouri, State of Kentucky, State of Louisiana, State of Idaho. Case Manager - Richard H. Sewell (nus, Deputy Clerk) (Entered: 07/20/2020)

July 17, 2020

July 17, 2020

PACER
98

NOTICE OF INTERLOCUTORY APPEAL as to 91 Order on Motion for Preliminary Injunction, 92 Preliminary Injunction by Alex Azar J.D., Stephan Hahn M.D., United States Department of Health and Human Services, United States Food and Drug Administration. (Perkins, Hilary) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
99

Correspondence re: Notice of Intent to File Motion to Stay Preliminary Injunction Pending Appeal (Perkins, Hilary) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
100

PAPERLESS NOTICE. A CASE MANAGEMENT CONFERENCE is scheduled for July 24, 2020 at 2:00 p.m. to discuss 99 NOTICE OF INTENT TO FILE Motion to Stay Preliminary Injunction. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 07240200, followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. Also, we ask that parties not remain on the conference line after the Judge has left the call, to ensure that the line is free for other calls that may be on the Judge's calendar. The parties should also be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Case Management Conference and, if possible, present joint views to the Court. (tms, Chambers) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 27, 2020

Closing Date: May 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Various OBGYN professional organizations and nonprofits centered around reproductive rights.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health & Human Services (- United States (national) -), Federal

US Food and Drug Administration (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2020 - 2021

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Medication abortion

Undue Burden

Abortion