EMW Women's Surgical Center v. Meier

EMW Women's Surgical Center, P.S.C. v. Beshear

EMW Women's Surgical Center, P.S.C. v. Beshear

EMW Women's Surgical Center, P.S.C. v. Beshear

EMW Women's Surgical Center, P.S.C. v. Beshear

EMW Women's Surgical Center, P.S.C. v. Friedlander

EMW Women's Surgical Center, P.S.C. v. Secretary of Kentucky's Cabinet for Health and Family Services

EMW Women's Surgical Center, P.S.C. v. Secretary of Kentucky's Cabinet for Health and Family Services

EMW Women's Surgical Center, P.S.C. v. Friedlander

COMPLAINT against Andrew G. Beshear, Adam Meier, Michael S. Rodman, and Thomas B. Wine, (Filing fee $ 400, receipt number 0644-2824454.), filed by Ernest Marshall, M.D., and EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Cover Sheet, # 2 Exhibit A to Complaint and Motion - HB 5, # 3 Memorandum in Support Motion and Memorandum in Support of Motion for TRO/Preliminary Injunction, # 4 Proposed Order on Motion for TRO/PI). (RLJ) (Entered: 03/14/2019)

1 Cover Sheet

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2 Exhibit A to Complaint and Motion - HB 5

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3 Memorandum in Support Motion and Memorandum in Support of Motion for TRO/Prelimi

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4 Proposed Order on Motion for TRO/PI

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Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (RLJ) (Entered: 03/14/2019)

Summons Issued as to Andrew G. Beshear, Adam Meier, Michael S. Rodman, and Thomas B. Wine. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: # 1 Summons Meier, # 2 Summons Rodman, # 3 Summons Wine). (RLJ) (Entered: 03/14/2019)

SUPPLEMENT re 1 Complaint, by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cubbage, Amy) (Entered: 03/14/2019)

AMENDED COMPLAINT against All Defendants, filed by Ernest Marshall, MD, EMW Women's Surgical Center, P.S.C.. (Attachments: # 1 Exhibit Exhibit A- SB 9, # 2 Exhibit Exhibit B- HB 5) (Cubbage, Amy) (Entered: 03/15/2019)

1 Exhibit Exhibit A- SB 9

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2 Exhibit Exhibit B- HB 5

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MOTION for Temporary Restraining Order or Preliminary Injunction by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion, # 2 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

MOTION for Brigitte Amiri to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825322. by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Brigitte Amiri Declaration, # 2 Exhibit Brigitte Amiri Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

MOTION for Jennifer Dalven to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825324. by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Jennifer Dalven Declaration, # 2 Exhibit Jennifer Dalven Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

MOTION to Expedite /Emergency Hearing on TRO/PI Motion by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

MOTION for Leah Godesky to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825485. by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Leah Godesky Declaration, # 2 Exhibit Leah Godesky Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

MOTION for Kendall Turner to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825510. by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Kendall Turner Declaration, # 2 Exhibit Kendall Turner Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/15/2019)

RESPONSE to Motion re 6 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Adam Meier. (Pitt, M.) (Entered: 03/15/2019)

REPLY to Response to Motion re 6 MOTION for Temporary Restraining Order or Preliminary Injunction filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Gatnarek, Heather) (Entered: 03/15/2019)

TEMPORARY RESTRAINING ORDER Signed by Judge David J. Hale on 3/15/2019 - Plaintiffs' Motion for a Temporary Restraining Order and/or Preliminary Injunction (D.N. 6 ) is GRANTED in part. Defendants Andrew G. Beshear, Adam Meier, Michael S. Rodman, and Thomas B. Wine, and all those acting in concert with them, are TEMPORARILY ENJOINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with Senate Bill 9, to be codified at Ky. Rev. Stat. §§ 311.710 to 311.830 and in amendments to Ky. Rev. Stat. §§ 213.101, 311.595, and 311.990. The requirement of security under Federal Rule of Civil Procedure 65(c) is WAIVED due to the strong public interest involved. This Temporary Restraining Order is effective as of 7:40 p.m. on March 15, 2019, and will expire fourteen (14) days from its entry in accordance with Federal Rule of Civil Procedure 65(b) (2) unless extended by subsequent order. Please see TRO for further information. cc: Counsel (KD) (Entered: 03/15/2019)

MOTION to Notice Plaintiffs of Signing of HB 5 by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 03/18/2019)

STIPULATION of Dismissal of Andrew G. Beshear by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cubbage, Amy) (Entered: 03/18/2019)

TEXT ORDER Signed by Judge David J. Hale on 3/19/2019 granting 7 Motion for Brigitte Amiri to Appear Pro Hac Vice; granting 8 Motion for Jennifer Dalven to Appear Pro Hac Vice ; granting 10 Motion for Leah Godesky to Appear Pro Hac Vice ; granting 11 Motion for Kendall Turner to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 03/19/2019)

RESPONSE to Motion re 15 MOTION to Notice Plaintiffs of Signing of HB 5 and re 6 Motion for a Temporary Restraining Order of House Bill 5 filed by Adam Meier. (Attachments: # 1 Exhibit 1 - House Bill 5) (Pitt, M.) (Entered: 03/19/2019)

Order on Motion to Appear Pro Hac Vice

REPLY to Response to Motion re 15 MOTION to Notice Plaintiffs of Signing of HB 5 and Initial Motion for TRO filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cubbage, Amy) (Entered: 03/20/2019)

Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C.. (Cubbage, Amy) (Entered: 03/20/2019)

TEMPORARY RESTRAINING ORDER signed by Judge David J. Hale on 3/20/2019. Plaintiff's Motion for Temporary Restraining Order 6 is GRANTED in part. Defendants Andrew G. Beshear, Adam Meier, Michael S. Rodman, and Thomas B. Wine, and all those acting in concert with them, are TEMPORARILY ENJOINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with House Bill 5, to be codified in Chapter 311 of the Kentucky Revised Statutes. The requirement of security under Federal Rule of Civil Procedure 65(c) is WAIVED due to the strong public interest involved. The Temporary Restraining Order is effective as of 5:00 p.m. on 3/20/2019 and will expire fourteen (14) days from its entry in accordance with Federal Rule of Civil Procedure 65(b)(2) unless extended by subsequent order. Plaintiff's motion for emergency hearing 9 and motion for notice 15 are DENIED as moot. cc: Counsel(RLK) (Entered: 03/20/2019)

ORDER by Judge David J. Hale on 3/20/2019 - This matter is set for a hearing on Plaintiffs' motion for preliminary injunction (Docket No. 6 ) on Friday, March 29, 2019, at 10:00 a.m. at the Gene Snyder U.S. Courthouse in Louisville, Kentucky. Any party may submit a prehearing brief no later than the close of business Wednesday, March 27, 2019. Briefs shall not exceed twenty-five (25) pages in length. The Court finds it necessary to caution counsel to avoid intemperate language in their briefing. cc: Counsel (KD) (Entered: 03/21/2019)

ORDER by Judge David J. Hale on 3/22/2019; re 22 Order. No later than the close of business Monday, 3/25/2019, Plaintiffs shall confirm via court filing that they have notified Defendants Rodman and Wine of the impending hearing on Plaintiffs' motion for preliminary injunction. (See Docket No. 22 ) cc: Counsel (MEJ) (Entered: 03/22/2019)

NOTICE of Compliance by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD re 23 Order, (Cubbage, Amy) (Entered: 03/25/2019)

TEXT ORDER by Judge David J. Hale on 3/26/2019; This matter is set for a telephonic status conference on 03/27/2019 at 10:00 AM before Judge David J. Hale. Counsel for the parties shall connect to the telephonic status conference by dialing the toll-free number 1-877-402-9753 and entering access code 9073187#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) (Entered: 03/26/2019)

Proposed Agreed Order/Stipulation by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cubbage, Amy) (Entered: 03/26/2019)

Proposed Agreed Order/Stipulation by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cubbage, Amy) (Entered: 03/26/2019)

Order - TEXT ONLY

SUMMONS Returned Executed by Ernest Marshall, MD, EMW Women's Surgical Center, P.S.C.. Michael S. Rodman served on 3/22/2019, answer due 4/12/2019. (Cubbage, Amy) (Entered: 03/27/2019)

STIPULATION AND ORDER OF DISMISSAL OF MICHAEL S. RODMAN by Judge David J. Hale on 3/27/2019: Pursuant to Fed. R. Civ. P. 41(a)(2) Defendant Rodman is hereby dismissed without prejudice. The parties to this Stipulation and Order of Dismissal shall bear their own attorneys fees or costs with respect to each other. This provision is not an adjudication of any later claim or petition under 42 U.S.C. § 1988 should Defendant Rodman later be added as a party. Nothing in this Order shall be deemed to affect or adjudicate the pending claims against the remaining Defendants. cc: counsel (JM) (Entered: 03/27/2019)

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT THOMAS B. WINE by Judge David J. Hale on 3/27/2019: Pursuant to Fed. R. Civ. P. 41(a)(2) Defendant Wine is hereby dismissed without prejudice. In light of the current procedural posture of this action and the dismissal without prejudice, neither Plaintiffs nor Defendant Wine are "prevailing parties" under 42 U.S.C. § 1988, and therefore neither are responsible for attorney's fees or costs with respect to each other. This provision is not an adjudication of any later claim or petition under 42 U.S.C. § 1988 should Defendant Wine later be added as a party. Nothing in this Order shall be deemed to affect or adjudicate the pending claims against the remaining Defendants. cc: counsel (JM) (Entered: 03/27/2019)

STIPULATION AND ORDER OF DISMISSAL UPON CONDITIONS OF ANDREW G. BESHEAR by Judge David J. Hale on 3/27/2019: Pursuant to Fed. R. Civ. P. 41(a)(2) Defendant Beshear is hereby dismissed without prejudice. In light of the current procedural posture of this action and the dismissal without prejudice, neither Plaintiffs nor Defendant Beshear are "prevailing parties" under 42 U.S.C. § 1988, and therefore neither are responsible for attorney's fees or costs with respect to each other. This provision is not an adjudication of any later claim or petition under 42 U.S.C. § 1988 should Defendant Beshear later be added as a party. Nothing in this Order shall be deemed to affect or adjudicate the pending claims against the remaining Defendants. cc: counsel (JM) (Entered: 03/27/2019)

MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephone Conference held on 3/27/2019. The hearing set for 3/29/2019, is REMANDED from the Court's docket; The briefing schedule previously set is VACATED. One or more briefing schedules will be set by subsequent order. The temporary restraining orders entered 3/15/2019 (DN 14 ) and 3/20/2019 (DN 21 ) are EXTENDED through the date of the final ruling in this case; Defendants Beshear, Rodman, and Wine having been dismissed from this action, the Clerk of Court is DIRECTED to modify the case caption to reflect that Adam Meier is the sole remaining defendant. (Court Reporter: Dena Legg.) cc: counsel (JM) (Entered: 03/27/2019)

SUMMONS Returned Executed - Adam Meier served on 3/25/2019, answer due 4/15/2019. (KD) (Entered: 04/02/2019)

ANSWER to 5 Amended Complaint by Adam Meier. (Pitt, M.) (Entered: 04/15/2019)

ORDER by Judge David J. Hale on 4/17/2019, re 32 - Plaintiffs shall file their initial brief in support of the relief sought by their amended complaint within forty-five (45) days of the date of entry of this Order. Defendant shall respond within thirty (30) days thereafter. Plaintiffs may reply within thirty (30) days of Defendant's response. If, after briefing of the legal issues, the Court is convinced that discovery is appropriate, limited discovery on discrete factual issues may be authorized. Please see Order for further details. cc: Counsel (KD) (Entered: 04/17/2019)

Schedules

Schedules: Plaintiff's Brief due by 6/3/2019. Defendant's Response Brief due by 7/3/2019. (KD)

MOTION for Summary Judgment by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Proposed Order) (Cubbage, Amy) (Entered: 06/03/2019)

MOTION for Rachel Reeves to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2879005. by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Affidavit Reeves Declaration, # 2 Exhibit Reeves Certificate of Good Standing, # 3 Proposed Order) (Cubbage, Amy) (Entered: 06/05/2019)

TEXT ORDER Signed by Judge David J. Hale on 6/7/2019 granting 37 Motion for Rachel Reeves to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 06/07/2019)

Order on Motion to Appear Pro Hac Vice

Proposed Agreed Order/Stipulation by Adam Meier. (Meredith, S.) (Entered: 06/26/2019)

AGREED ORDER by Judge David J. Hale on 6/27/2019, re 39 - Defendant shall have until 8/2/2019, to file his Response to Plaintiffs' Motion for Summary Judgment (R. Doc. 36 ). Plaintiffs shall have until 9/18/2019 to file their Reply in Support of their Motion for Summary Judgment. (KD) (Entered: 06/28/2019)

NOTICE of Appearance by Brett R. Nolan on behalf of Adam Meier (Nolan, Brett) (Entered: 08/02/2019)

RESPONSE to Motion re 36 MOTION for Summary Judgment filed by Adam Meier. (Attachments: # 1 Exhibit 1 - O'Callaghan affidavit, # 2 Exhibit 2 - Rivers declaration, # 3 Exhibit 3 - Curlin affidavit, # 4 Exhibit 4 - Bramer affidavit, # 5 Exhibit 5 - Stillwell affidavit) (Pitt, M.) (Entered: 08/02/2019)

REPLY to Response to Motion re 36 MOTION for Summary Judgment and Motion to Strike Defendant's Declarations filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Attachments: # 1 Proposed Order) (Amiri, Brigitte) (Entered: 09/18/2019)

MOTION to Strike by Plaintiff EMW Women's Surgical Center, P.S.C. (Please see DN 43 for full filing) (MEJ) Modified on 11/30/2020 (NWT).

MOTION to Strike by Plaintiff EMW Women's Surgical Center, P.S.C. (Please see DN 43 for full filing) (MEJ)

RESPONSE to Motion to Strike filed by Adam Meier. (Pitt, M.) (Entered: 10/08/2019)

Strike

NOTICE of Supplemental Authority by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Amiri, Brigitte) (Entered: 10/15/2019)

REPLY to Response to Motion re MOTION to Strike filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Amiri, Brigitte) (Entered: 10/18/2019)

RESPONSE to re 45 Notice (Other) filed by Adam Meier. (Attachments: # 1 Exhibit Himes Petition for Rehearing) (Pitt, M.) (Entered: 10/25/2019)

NOTICE of Supplemental Authority by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit, # 2 Exhibit) (Amiri, Brigitte) (Entered: 10/30/2019)

1 Exhibit

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2 Exhibit

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MOTION to Withdraw as Counsel by Defendant Adam Meier (Attachments: # 1 Proposed Order) (Pitt, M.) (Entered: 12/09/2019)

NOTICE of Supplemental Authority by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit A) (Amiri, Brigitte) (Entered: 12/12/2019)

NOTICE of Supplemental Authority by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Amiri, Brigitte) (Entered: 12/16/2019)

MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 01/30/2020)

MOTION to Intervene by Intervenor Defendant Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Proposed Answer) (Dunn, Barry) (Entered: 01/31/2020)

ORDER Signed by Judge David J. Hale - The motions to withdraw (D.N. 49 ; D.N. 52 ) are GRANTED. The Clerk of Court is DIRECTED to terminate M. Stephen Pitt, S. Chad Meredith, Matthew F. Kuhn, Brett R. Nolan, Johann Herklotz, Matthew Kleinert, and Amy D. Cubbage as counsel of record in this matter. (KD) (Entered: 02/05/2020)

NOTICE of Appearance by Michele Henry on behalf of EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Henry, Michele) (Entered: 02/17/2020)

RESPONSE to Motion re 53 MOTION to Intervene filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Amiri, Brigitte) (Entered: 02/21/2020)

NOTICE of Supplemental Authority by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Amiri, Brigitte) (Entered: 02/26/2020)

REPLY to Response to Motion re 53 MOTION to Intervene filed by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (Iaccarino, Carmine) (Entered: 03/06/2020)

ORDER by Judge David J. Hale on 3/9/2020, re 36 - Plaintiffs' motion for summary judgment (Docket No. 36 ) is ADMINISTRATIVELY REMANDED pending the Sixth Circuit's resolution of Preterm-Cleveland v. Himes, No. 18-3329 (6th Cir.). (KD) (Entered: 03/09/2020)

ORDER Signed by Judge David J. Hale on 11/30/2020 - The motion to intervene (D.N. 53 ) is GRANTED. The Clerk of Court is DIRECTED to file Cameron's tendered answer (D.N. 53-3) in the record of this matter. Pursuant to Federal Rule of Civil Procedure 25(d), Eric Friedlander, in his official capacity as Secretary of Kentucky's Cabinet for Health and Family Services, is SUBSTITUTED for Adam Meier as the remaining defendant in this matter. (KD) (Entered: 11/30/2020)

ANSWER to 5 Amended Complaint by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (KD) (Entered: 11/30/2020)

ORDER signed by Judge David J. Hale on 10/18/2021. This matter is REFERRED to U.S. Magistrate Judge Regina S. Edwards for a status conference to discuss next steps, as well as resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. cc: Counsel (SMJ) (Entered: 10/19/2021)

TEXT ORDER by Magistrate Judge Regina S. Edwards on 10/25/2021. A Telephonic Status Conference is scheduled for 11/10/2021 at 10:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) (Entered: 10/25/2021)

Order - TEXT ONLY

NOTICE of Appearance by Wesley W. Duke on behalf of Eric Friedlander (Duke, Wesley) (Entered: 11/04/2021)

MOTION for Catherine York to Withdraw as Attorney (Continue to receive notice: Yes) by Defendant Eric Friedlander (Attachments: # 1 Proposed Order) (York, Catherine) (Entered: 11/04/2021)

ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Status Conference held on 11/10/2021. Plaintiff proposes that this matter be stayed pending the disposition of other matters. Defendants oppose a stay of this action. Accordingly, Plaintiff shall file the appropriate motion for the Court's consideration no later than 11/19/2021. Defendants shall have until 11/30/2021 to file their responses. cc: Counsel (DLW) (Entered: 11/10/2021)

ORDER Signed by Magistrate Judge Regina S. Edwards on 11/12/2021 granting 65 Motion for Catherine York to Withdraw as Attorney. cc: Counsel (DLW) (Entered: 11/12/2021)

MOTION to Stay Proceedings by Plaintiff EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Amiri, Brigitte) (Entered: 11/19/2021)

RESPONSE to Motion re 68 MOTION to Stay Proceedings filed by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (Dunn, Barry) (Entered: 11/30/2021)

REPLY to Response to Motion re 68 MOTION to Stay Proceedings filed by EMW Women's Surgical Center, P.S.C. (Amiri, Brigitte) (Entered: 12/07/2021)

NOTICE of Supplemental Authority by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Dunn, Barry) (Entered: 02/04/2022)

MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) by Intervenor Defendant Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Attachments: # 1 Proposed Order) (Dunn, Barry) (Entered: 02/04/2022)

RESPONSE to 71 Defendant-Intervenor's Notice of Supplemental Authority filed by EMW Women's Surgical Center, P.S.C. (Amiri, Brigitte) Modified on 2/14/2022 to link to notice (DLW). (Entered: 02/10/2022)

MOTION for Extension of Time to File Response/Reply as to 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) by Plaintiff EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Proposed Order) (Amiri, Brigitte) (Entered: 02/10/2022)

RESPONSE to Motion re 74 MOTION for Extension of Time to File Response/Reply as to 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) filed by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (Dunn, Barry) (Entered: 02/17/2022)

Emergency MOTION ruling dissolving TRO re 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) by Intervenor Defendant Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Attachments: # 1 Proposed Order) (Thacker, Christopher) (Entered: 03/04/2022)

RESPONSE to Motion re 76 Emergency MOTION ruling dissolving TRO re 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) filed by EMW Women's Surgical Center, P.S.C.. (Amiri, Brigitte) (Entered: 03/09/2022)

REPLY to Response to Motion re 76 Emergency MOTION ruling dissolving TRO re 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) filed by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (Thacker, Christopher) (Entered: 03/11/2022)

MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Regina S. Edwards on 3/16/2022. IT IS THEREFORE ORDERED that Plaintiffs' Motion to Stay Proceedings DN 68 is GRANTED IN PART AND DENIED IN PART. As to Plaintiffs' claims against SB 9, Plaintiffs' Motion to Stay is GRANTED, and these claims will be stayed pending the Supreme Court's resolution of Dobbs. As to Plaintiffs' claims against HB 5, Plaintiffs' Motion to Stay is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Extension of Time to Respond to the Commonwealth's Motion to Dissolve Temporary Restraining Order DN 74 is GRANTED. Plaintiffs shall have thirty (30) days from date of entry of this Order to respond to the Commonwealth's Motion to Dissolve Temporary Restraining Order. The Commonwealth's reply brief shall be filed in accordance with the Local Rules, unless otherwise requested. cc: Counsel of Record(MNM) (Entered: 03/16/2022)

MOTION to Withdraw Their Motion for Summary Judgement by Plaintiff EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Proposed Order) (Amiri, Brigitte) (Entered: 04/08/2022)

MOTION to Expedite Leave to File a Supplemental Complaint by Plaintiff EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Memorandum in Support, # 2 Supplement, # 3 Proposed Order) (Amiri, Brigitte) (Entered: 04/14/2022)

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Amiri, Brigitte) (Entered: 04/14/2022)

1 Memorandum in Support

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2 Proposed Order

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RESPONSE to Motion re 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) filed by EMW Women's Surgical Center, P.S.C.. (Attachments: # 1 Exhibit Declaration of Dr. Tanya E. Franklin, M.D., M.S.P.H.) (Amiri, Brigitte) (Entered: 04/15/2022)

NOTICE of Appearance by Leanne K. Diakov on behalf of Michael S. Rodman (Diakov, Leanne) (Entered: 04/18/2022)

NOTICE Regarding Continuing Need for TRO by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Gatnarek, Heather) (Entered: 04/22/2022)

ORDER Signed by Judge David J. Hale on 4/21/2022: Plaintiffs' 81 motion for leave to file a supplemental complaint is DENIED. The 82 motion for temporary restraining order is DENIED as moot. cc: Counsel (DLW) (Entered: 04/22/2022)

REPLY to Response to Motion re 72 MOTION To Dissolve Temporary Restraining Order (Docs. 21, 32) filed by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron. (Thacker, Christopher) (Entered: 04/22/2022)

MOTION for Barry L. Dunn to Withdraw as Attorney (Continue to receive notice: No) by Intervenor Defendant Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Attachments: # 1 Proposed Order) (Dunn, Barry) (Entered: 04/27/2022)

ORDER Signed by Magistrate Judge Regina S. Edwards on 5/24/2022 granting 88 Motion to Withdraw as Attorney. The Clerk of Court is DIRECTED to terminate Barry L. Dunn as counsel of record in this matter. cc: Counsel (DLW) (Entered: 05/24/2022)

NOTICE OF SUBSTITUTION by Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Keiser, Lindsey) (Entered: 05/25/2022)

ORDER GRANTING PLAINTIFFS' MOTION TO WITHDRAW THEIR MOTION FOR SUMMARY JUDGEMENT Signed by Magistrate Judge Regina S. Edwards on 5/27/2022 granting 80 Motion to Withdraw 36 Motion for Summary Judgment. cc: Counsel (DLW) (Entered: 05/31/2022)