Case: Planned Parenthood of Maryland, Inc. v. Azar

Planned Parenthood of Maryland v. Alex M. Azar II

Planned Parenthood of Maryland v. Alex M. Azar II

Planned Parenthood

COMPLAINT for Declaratory and Injunctive Relief against Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma ( Filing fee $ 400 receipt number 0416-8505726.), filed by Planned Parenthood of Maryland, Inc., Kirsty Hambrick, Rebecca Barson, Tanja Hollander, Mariel Didato. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Health and Human Services, # 3 Summons Seema Verma, # 4 Summons Center for Medicare and Medicaid Services, # 5 Summons Robert K. Hur, # 6 Summons William Barr, # 7 Summons Alex M. Azar II)(Freeman, Andrew) (Entered: 02/11/2020)

1 Civil Cover Sheet

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2 Summons U.S. Department of Health and Human Services

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3 Summons Seema Verma

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4 Summons Center for Medicare and Medicaid Services

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5 Summons Robert K. Hur

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6 Summons William Barr

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7 Summons Alex M. Azar II

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MOTION to Appear Pro Hac Vice for Julie A. Murray (Filing fee $100, receipt number 0416-8505906.) by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.(Freeman, Andrew) (Entered: 02/11/2020)

MOTION to Appear Pro Hac Vice for Carrie Y. Flaxman (Filing fee $100, receipt number 0416-8505920.) by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.(Freeman, Andrew) (Entered: 02/11/2020)

MOTION to Appear Pro Hac Vice for Meagan M. Burrows (Filing fee $100, receipt number 0416-8505960.) by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.(Freeman, Andrew) (Entered: 02/11/2020)

MOTION to Appear Pro Hac Vice for Andrew Beck (Filing fee $100, receipt number 0416-8505986.) by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.(Freeman, Andrew) (Entered: 02/11/2020)

Local Rule 103.3 Disclosure Statement by Planned Parenthood of Maryland, Inc. identifying Corporate Parent Planned Parenthood of Metropolitan Washington, DC, Inc., Corporate Parent Planned Parenthood Federation of America, Corporate Parent Planned Parenthood Advocates for DC, Maryland and NoVa, Corporate Parent 929 West LLC for Planned Parenthood of Maryland, Inc..(Freeman, Andrew) (Entered: 02/11/2020)

Summons Issued 60 days as to Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma, U.S. Attorney and U.S. Attorney General(bmhs, Deputy Clerk) (Entered: 02/11/2020)

(FILED IN ERROR) NOTICE by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. of Proof of Service to U.S. Attorney Robert K. Hur (Freeman, Andrew) Modified on 2/12/2020 (bmhs, Deputy Clerk). (Entered: 02/11/2020)

Case reassigned to Judge Catherine C. Blake. Magistrate Judge J. Mark Coulson no longer assigned to the case. (cags, Deputy Clerk)

QC NOTICE: 9 Notice (Other) filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick was filed incorrectly. **Incorrect event was selected. Please refile the return for the U.S. Attorney using the event under Service of Process - Summons Returned Executed as to USA. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 02/12/2020)

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Julie A Murray. Directing attorney Julie A Murray to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2020. (srd, Deputy Clerk) (Entered: 02/12/2020)

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Carrie Flaxman. Directing attorney Carrie Flaxman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2020. (srd, Deputy Clerk) (Entered: 02/12/2020)

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Meagan M Burrows. Directing attorney Meagan M Burrows to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2020. (srd, Deputy Clerk) (Entered: 02/12/2020)

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Andrew Beck. Directing attorney Andrew Beck to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2020. (srd, Deputy Clerk) (Entered: 02/12/2020)

NOTICE of Appearance by Andrew Beck on behalf of Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander (Beck, Andrew) (Entered: 02/18/2020)

NOTICE of Appearance by Meagan M Burrows on behalf of Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander (Burrows, Meagan) (Entered: 02/18/2020)

SUMMONS Returned Executed by Planned Parenthood of Maryland, Inc., Kirsty Hambrick, Rebecca Barson, Tanja Hollander, Mariel Didato. Centers for Medicare and Medicaid Services served on 2/18/2020, answer due 3/10/2020.(Freeman, Andrew) (Entered: 02/19/2020)

NOTICE of Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 02/20/2020)

NOTICE of Appearance by Julie A Murray on behalf of Planned Parenthood of Maryland, Inc. (Murray, Julie) (Entered: 02/20/2020)

NOTICE of Appearance by Carrie Y Flaxman on behalf of Planned Parenthood of Maryland, Inc. (Flaxman, Carrie) (Entered: 02/20/2020)

(FILED IN ERROR) SUMMONS Returned Executed by Planned Parenthood of Maryland, Inc., Kirsty Hambrick, Rebecca Barson, Tanja Hollander, Mariel Didato. Seema Verma served on 2/13/2020, answer due 3/5/2020.(Freeman, Andrew) Modified on 2/24/2020 (bmhs, Deputy Clerk). (Entered: 02/24/2020)

QC NOTICE: 21 Summons Returned Executed filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick was filed incorrectly. **Please refile using the event under Service of Process - Summons Returned Executed as to USA and enter the service date for the U.S. Attorney. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 02/24/2020)

(FILED IN ERROR - Counsel will refile) SUMMONS Returned Executed by Planned Parenthood of Maryland, Inc., Kirsty Hambrick, Rebecca Barson, Tanja Hollander, Mariel Didato. Seema Verma served on 2/13/2020, answer due 4/13/2020.(Freeman, Andrew) Modified on 2/25/2020 (bmhs, Deputy Clerk). (Entered: 02/24/2020)

SUMMONS Returned Executed by Planned Parenthood of Maryland, Inc., Kirsty Hambrick, Rebecca Barson, Tanja Hollander, Mariel Didato. U.S. Department of Health and Human Services served on 2/11/2020, answer due 4/13/2020. (Attachments: # 1 Summons William Bar Affidavit of Service)(Freeman, Andrew) (Entered: 02/24/2020)

AFFIDAVIT of Service for Summons served on U.S. Department of Health and Human Services on 02/19/2020, filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Freeman, Andrew) (Entered: 02/25/2020)

Joint MOTION to Expedite for an Expedited Briefing Schedule by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Text of Proposed Order)(Freeman, Andrew) (Entered: 02/26/2020)

ORDER granting 26 Parties' Joint Motion for a Briefing Schedule. Signed by Judge Catherine C. Blake on 2/26/2020. (bmhs, Deputy Clerk) (Entered: 02/26/2020)

AFFIDAVIT of Service for Summons served on Alex M. Azar, Secretary on 02/19/2020, filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Freeman, Andrew) (Entered: 02/27/2020)

MOTION for Summary Judgment by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Summary Judgment, # 2 Exhibit Ex. A - Declaration of Karen J. Nelson, # 3 Exhibit Ex. B - Declaration of Kirsty Hambrick, # 4 Exhibit Ex. C - Declaration of Rebecca Barson, # 5 Exhibit Ex. D - Declaration of Mariel DiDato, # 6 Exhibit Ex. E - Declaration of Tanja Hollander, # 7 Text of Proposed Order)(Murray, Julie) (Entered: 03/02/2020)

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Request for Conference (Basche, Monica) (Entered: 03/20/2020)

Correspondence re: Briefing Schedule (Freeman, Andrew) (Entered: 04/14/2020)

Correspondence re: Briefing Schedule (Humphreys, Bradley) (Entered: 04/14/2020)

Correspondence re: Proposed Order (Basche, Monica) (Entered: 04/14/2020)

Telephone Conference held on 4/14/2020 before Judge Catherine C. Blake. (kams, Deputy Clerk)

ORDER adopting the revised briefing schedule for the parties' cross-motions for summary judgment. Signed by Judge Catherine C. Blake on 4/15/2020. (bmhs, Deputy Clerk) (Entered: 04/15/2020)

MOTION for Summary Judgment by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/05/2020)

RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma.(Humphreys, Bradley) (Entered: 05/05/2020)

(FILED IN ERROR) MOTION for Leave to File Amended and Supplemental Complaint for Declaratory and Injunctive Relief as to Named Plaintiffs and Proposed Class by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Amended Complaint (Redline))(Freeman, Andrew) Modified on 5/18/2020 (bmhs, Deputy Clerk). (Entered: 05/15/2020)

QC NOTICE: 37 Motion for Leave to File filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Parties are not listed individually on the amended complaint. Please re-file the clean version of the amended complaint and redline version with the parties listed individually. Do not use et al. (bmhs, Deputy Clerk) (Entered: 05/18/2020)

MOTION for Leave to File Amended and Supplemental Complaint for Declaratory and Injunctive Relief as to Named Plaintiffs and Proposed Class by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Amended Complaint (Redline))(Freeman, Andrew) (Entered: 05/19/2020)

MOTION to Certify Class by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Freeman, Andrew) (Entered: 05/19/2020)

Final MOTION for Summary Judgment by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Murray, Julie) (Entered: 05/22/2020)

RESPONSE in Opposition re 35 MOTION for Summary Judgment Opposition to Defendants' Cross-Motion for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc.. (Attachments: # 1 Exhibit - Second Declaration of Karen J. Nelson)(Murray, Julie) (Entered: 05/22/2020)

Consent MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment by Alex M. Azar, II, U.S. Department of Health and Human Services, Seema Verma (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/29/2020)

ORDER granting 43 Defendants' Motion for Extension of Time. Signed by Judge Catherine C. Blake on 5/29/2020. (bmhs, Deputy Clerk) (Entered: 05/29/2020)

REPLY to Response to Motion re 35 MOTION for Summary Judgment, 41 Final MOTION for Summary Judgment filed by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma.(Humphreys, Bradley) (Entered: 06/08/2020)

Joint MOTION for Entry of Supplemental Briefing Schedule by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Entry of Supplemental Briefing Schedule)(Murray, Julie) (Entered: 06/09/2020)

(FILED IN ERROR) Memorandum re 41 Final MOTION for Summary Judgment Supplemental Memorandum in Support of Plaintiffs' Motion for Summary Judgment filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Murray, Julie) Modified on 6/10/2020 (bmhs, Deputy Clerk). (Entered: 06/09/2020)

QC NOTICE: 47 Memorandum filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick was filed incorrectly. **Incorrect event selected. Please refile using the event under Responses and Replies > Reply to Response to Motion. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 06/10/2020)

Supplemental to 29 MOTION for Summary Judgment filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. Supplemental Memorandum in Support of Plaintiffs' Motion for Summary Judgment (Murray, Julie) (Entered: 06/10/2020)

ORDER granting 46 Joint Motion for Entry of Supplemental Briefing Schedule. Signed by Judge Catherine C. Blake on 6/12/2020. (bmhs, Deputy Clerk) (Entered: 06/15/2020)

RESPONSE in Opposition re 29 MOTION for Summary Judgment (Supplemental) and Supplemental Memorandum in Support of Defendants' Cross-Motion for Summary Judgment filed by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma.(Humphreys, Bradley) (Entered: 06/15/2020)

REPLY to Response to Motion re 35 MOTION for Summary Judgment, 29 MOTION for Summary Judgment Supplemental Reply in Support of Plaintiffs' Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Murray, Julie) (Entered: 06/17/2020)

RESPONSE in Opposition re 40 MOTION to Certify Class filed by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma.(Humphreys, Bradley) (Entered: 06/19/2020)

REPLY to Response to Motion re 40 MOTION to Certify Class filed by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc..(Freeman, Andrew) (Entered: 06/26/2020)

Correspondence re: Notice of Supplemental Authority (Freeman, Andrew) (Entered: 06/30/2020)

NOTICE of filing Administrative Record by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma (Attachments: # 1 Exhibit, # 2 Exhibit)(Humphreys, Bradley) (Entered: 06/30/2020)

RESPONSE re 55 Miscellaneous Correspondence filed by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma.(Humphreys, Bradley) (Entered: 07/10/2020)

MEMORANDUM. Signed by Judge Catherine C. Blake on 7/10/2020. (bas, Deputy Clerk) (Entered: 07/10/2020)

ORDER Granting 29 Motion for Summary Judgment; Denying 35 Motion for Summary Judgment; Granting 39 Motion for Leave Amended Complaint; Granting 40 Motion to Certify Class ; Granting 41 Motion for Summary Judgment. Signed by Judge Catherine C. Blake on 7/10/2020. (bas, Deputy Clerk) (Entered: 07/10/2020)

BILL OF COSTS by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Exhibit 1 - Receipt of Filing Fee)(Freeman, Andrew) (Entered: 07/17/2020)

Clerk's Order Taxing Costs re: 60 Bill of Costs. Costs are taxed in favor of Planned Parenthood of Maryland, Inc., et al. and against Alex M. Azar II, et al. in the amount of $400.00 and included in the judgment. (decs, Deputy Clerk) (Entered: 08/07/2020)

NOTICE OF APPEAL as to 58 Memorandum Opinion, 59 Order on Motion for Summary Judgment,,,, Order on Motion for Leave to File,, Order on Motion to Certify Class,,, by Alex M. Azar, II, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Seema Verma. (Humphreys, Bradley) (Entered: 09/04/2020)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 62 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.(ko, Deputy Clerk) (Entered: 09/18/2020)

USCA Case Number 20-2006 for 62 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, Seema Verma, Alex M. Azar, II, U.S. Department of Health and Human Services. Case Manager - Cathi Bennett (ko, Deputy Clerk) (Entered: 09/18/2020)

ORDER of USCA granting moton to voluntarily dismiss appeal as to 62 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, Seema Verma, Alex M. Azar, II, U.S. Department of Health and Human Services (ko, Deputy Clerk) (Entered: 09/28/2021)

RULE 42(b) MANDATE of USCA issued as to 62 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, Seema Verma, Alex M. Azar, II, U.S. Department of Health and Human Services (ko, Deputy Clerk) (Entered: 09/28/2021)

Correspondence re: Attorneys' Fees Petition (Freeman, Andrew) (Entered: 10/27/2021)

MARGINAL ORDER approving 67 Correspondence re: Attorneys' Fees Petition. Signed by Judge Catherine C. Blake on 10/27/2021. (bmhs, Deputy Clerk) (Entered: 10/27/2021)

MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. (Attachments: # 1 Attachment - 1303 Hours Spreadsheet for Fee Motion)(Freeman, Andrew) (Entered: 10/28/2021)

QC NOTICE: 69 Motion for Attorney Fees, filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 69 Motion. (bmhs, Deputy Clerk) (Entered: 11/01/2021)

NOTICE by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. re 69 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act Proposed Order (Freeman, Andrew) (Entered: 11/01/2021)

REQUEST for Extension of Time to File Fee Memorandum (Freeman, Andrew) (Entered: 01/12/2022)

Marginal ORDER APPROVING 72 Request for Extension of Time to File filed by Planned Parenthood of Maryland, Inc., Mariel Didato, Rebecca Barson, Tanja Hollander, Kirsty Hambrick. Signed by Judge Catherine C. Blake on 1/18/2022. (hmls, Deputy Clerk) (Entered: 01/18/2022)

NOTICE by Rebecca Barson, Mariel Didato, Kirsty Hambrick, Tanja Hollander, Planned Parenthood of Maryland, Inc. Notice of Withdrawal of Plaintiffs' Motion for Attorneys' Fees Pursuant to The Equal Access to Justice Act (Freeman, Andrew) (Entered: 01/24/2022)

MARGINAL ORDER approving 74 Notice of Withdrawal of Plaintiffs' Motion for Attorneys' Fees Pursuant to The Equal Access to Justice Act. Signed by Judge Catherine C. Blake on 1/24/2022. (bmhs, Deputy Clerk) (Entered: 01/24/2022)