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

1:20-cv-00361 | U.S. District Court for the District of Maryland

Filed Date: Feb. 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the government’s adoption of the separate billing rule, which reinterpreted the Affordable Care Act (ACA) and required health insurance plans on the individual marketplace to send policyholders a separate bill and receive separate payment for the abortion-related portion of plan premiums. On February 11, 2020, Planned Parenthood of Maryland and individuals who wanted to maintain abortion coverage through their qualified health plans filed this lawsuit in the U.S. District C…

This is a case about the government’s adoption of the separate billing rule, which reinterpreted the Affordable Care Act (ACA) and required health insurance plans on the individual marketplace to send policyholders a separate bill and receive separate payment for the abortion-related portion of plan premiums. On February 11, 2020, Planned Parenthood of Maryland and individuals who wanted to maintain abortion coverage through their qualified health plans filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Secretary of the U.S. Department of Health and Human Services in his official capacity under the Administrative Procedure Act (APA). Represented by attorneys from Planned Parenthood, the American Civil Liberties Union, and private counsel, the plaintiffs sought an injunction against, and vacatur of, the separate billing rule, as well as declaratory relief. They claimed the separate billing rule violated the APA because the rule was arbitrary and capricious, created unreasonable barriers to medical care in conflict with Section 1554 of the ACA, and included an opt-out policy that the public had no prior notice of and no opportunity to comment on.

The U.S. Department of Health and Human Services had adopted the challenged rule in 2020. It defended the rule as a permissible interpretation of Section 1303 of the ACA, which prohibited the use of federal funds for abortion services performed when the pregnancy did not threaten the life of the pregnant person and was not the result of rape or incest. Prior to the new rule, insurers could comply with Section 1303 by sending policyholders a bill itemizing the services covered, including abortion. The new rule required insurance plans to send policyholders two separate bills—one for the bulk of the premium and one for the portion of the premium going toward abortion services. The rule also required insurance plans to instruct policyholders to pay the bills in two separate transactions. The separate billing rule also included an “opt-out” policy allowing insurers to modify a policyholder’s plan benefits to exclude abortion coverage if the policyholder neglected to pay the second bill covering the premium for abortion services.

The case was initially assigned to Magistrate Judge J. Mark Coulson but was reassigned to Judge Catherine C. Blake on February 11, 2020.

On March 2, 2020, the plaintiffs filed a motion for summary judgment. In response, the government filed its own motion for summary judgment on May 5, 2020.   

While those motions pended, the plaintiffs filed a motion for leave to file an amended complaint to add class allegations on May 15, 2020. On May 19, 2020, the plaintiffs filed a motion to certify the class, which they proposed to define as “all enrollees in individual-market Affordable Care Act (“ACA”) exchange plans whose plans: (1) include coverage of abortion services for which federal funds appropriated to the Department of Health and Human Services (“HHS”) may not be used; and (2) are subject to the Separate-Billing Rule’s segregation and separate billing requirements, exclusive of any enrollees who have ‘opted out’ of abortion coverage in such plans, pursuant to the Separate-Billing Rule’s opt-out policy.”

On July 10, 2020, Judge Blake granted the plaintiffs’ motion for summary judgment, vacated the separate billing rule, and enjoined the government from enforcing the rule. She held that the separate billing rule violated Section 1554 of the ACA, which prohibited any regulation creating unreasonable barriers to appropriate medical care. Judge Blake noted that receiving two separate bills would likely create confusion and might lead some policyholders to underpay on their premiums and, as a result, lose coverage. Additionally, Judge Blake held that the separate billing rule was arbitrary and capricious under the APA, because the new rule failed to improve compliance with Section 1303 of the ACA and was inconsistent with the ACA’s purpose of increasing the number of Americans covered by health insurance and decreasing the cost of healthcare. Finally, Judge Blake certified the proposed class. 2020 WL 3893241.

The government appealed that order on September 4, 2020, to the U.S. Court of Appeals for the Fourth Circuit. Before the Fourth Circuit heard the case, on September 28, 2021, the Department of Health and Human Services under the new Biden Administration moved to voluntarily dismiss the appeal, which the court allowed.

Back in the district court, on October 28, 2021, the plaintiffs filed a motion for attorneys’ fees under the Equal Access to Justice Act. On January 24, 2022, the plaintiffs withdrew their motion for attorneys' fees.

Summary Authors

Laura Irei (1/25/2022)

Documents in the Clearinghouse

Document
1

1:20-cv-00361

Complaint for Declaratory and Injunctive Relief

Planned Parenthood of Maryland v. Alex M. Azar II

Feb. 11, 2020

Feb. 11, 2020

Complaint
58

1:20-cv-00361

Memorandum

Planned Parenthood of Maryland v. Alex M. Azar II

July 10, 2020

July 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16829023/planned-parenthood-of-maryland-inc-v-azar/

Last updated Nov. 21, 2022, 1:44 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

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

View on PACER

3 Summons Seema Verma

View on PACER

4 Summons Center for Medicare and Medicaid Services

View on PACER

5 Summons Robert K. Hur

View on PACER

6 Summons William Barr

View on PACER

7 Summons Alex M. Azar II

View on PACER

Feb. 11, 2020

Feb. 11, 2020

Clearinghouse
2

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
3

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
4

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
5

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
6

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
8

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)

Feb. 11, 2020

Feb. 11, 2020

PACER
9

(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)

Feb. 11, 2020

Feb. 11, 2020

PACER

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

Feb. 11, 2020

Feb. 11, 2020

PACER
10

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
11

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
12

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
13

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
14

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
15

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

Feb. 18, 2020

Feb. 18, 2020

PACER
16

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

Feb. 18, 2020

Feb. 18, 2020

PACER
17

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)

Feb. 19, 2020

Feb. 19, 2020

PACER
18

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

Feb. 20, 2020

Feb. 20, 2020

PACER
19

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

Feb. 20, 2020

Feb. 20, 2020

PACER
20

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

Feb. 20, 2020

Feb. 20, 2020

PACER
21

(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)

Feb. 24, 2020

Feb. 24, 2020

PACER
22

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)

Feb. 24, 2020

Feb. 24, 2020

PACER
23

(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)

Feb. 24, 2020

Feb. 24, 2020

PACER
24

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)

Feb. 24, 2020

Feb. 24, 2020

PACER
25

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)

Feb. 25, 2020

Feb. 25, 2020

PACER
26

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)

Feb. 26, 2020

Feb. 26, 2020

PACER
27

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)

Feb. 26, 2020

Feb. 26, 2020

PACER
28

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)

Feb. 27, 2020

Feb. 27, 2020

PACER
29

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)

1

View on RECAP

March 2, 2020

March 2, 2020

PACER
30

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

March 20, 2020

March 20, 2020

PACER
31

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

April 14, 2020

April 14, 2020

PACER
32

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

April 14, 2020

April 14, 2020

PACER
33

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

April 14, 2020

April 14, 2020

PACER

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

April 14, 2020

April 14, 2020

PACER
34

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)

April 15, 2020

April 15, 2020

RECAP
35

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)

May 5, 2020

May 5, 2020

PACER
36

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)

May 5, 2020

May 5, 2020

PACER
37

(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)

May 15, 2020

May 15, 2020

PACER
38

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)

May 18, 2020

May 18, 2020

PACER
39

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)

May 19, 2020

May 19, 2020

PACER
40

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)

May 19, 2020

May 19, 2020

PACER
41

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)

May 22, 2020

May 22, 2020

PACER
42

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)

May 22, 2020

May 22, 2020

PACER
43

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)

May 29, 2020

May 29, 2020

PACER
44

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)

May 29, 2020

May 29, 2020

PACER
45

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)

June 8, 2020

June 8, 2020

PACER
46

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)

June 9, 2020

June 9, 2020

PACER
47

(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)

June 9, 2020

June 9, 2020

PACER
48

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)

June 10, 2020

June 10, 2020

PACER
49

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)

June 10, 2020

June 10, 2020

PACER
50

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)

June 12, 2020

June 12, 2020

RECAP
51

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)

June 15, 2020

June 15, 2020

PACER
52

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)

June 17, 2020

June 17, 2020

PACER
53

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)

June 19, 2020

June 19, 2020

PACER
54

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)

June 26, 2020

June 26, 2020

PACER
55

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

June 30, 2020

June 30, 2020

PACER
56

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)

June 30, 2020

June 30, 2020

PACER
57

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)

July 10, 2020

July 10, 2020

PACER
58

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

July 10, 2020

July 10, 2020

Clearinghouse
59

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)

July 10, 2020

July 10, 2020

PACER
60

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)

July 17, 2020

July 17, 2020

PACER
61

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)

Aug. 7, 2020

Aug. 7, 2020

PACER
62

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)

Sept. 4, 2020

Sept. 4, 2020

PACER
63

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)

Sept. 18, 2020

Sept. 18, 2020

PACER
64

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)

Sept. 18, 2020

Sept. 18, 2020

PACER
65

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)

Sept. 28, 2021

Sept. 28, 2021

PACER
66

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)

Sept. 28, 2021

Sept. 28, 2021

PACER
67

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

Oct. 27, 2021

Oct. 27, 2021

PACER
68

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)

Oct. 27, 2021

Oct. 27, 2021

PACER
69

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)

Oct. 28, 2021

Oct. 28, 2021

PACER
70

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)

Nov. 1, 2021

Nov. 1, 2021

PACER
71

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)

Nov. 1, 2021

Nov. 1, 2021

PACER
72

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

Jan. 12, 2022

Jan. 12, 2022

PACER
73

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)

Jan. 18, 2022

Jan. 18, 2022

PACER
74

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)

Jan. 24, 2022

Jan. 24, 2022

PACER
75

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)

Jan. 24, 2022

Jan. 24, 2022

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: Feb. 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood of Maryland and individuals who wanted to maintain abortion coverage through their qualified health plans

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of the Department of Health and Human Services (Washington, District of Columbia), Federal

Administrator of the Centers for Medicare and Medicaid Services (Baltimore), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2020 - None

Issues

General:

Abortion

Reproductive rights:

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