Case: EMW Women's Surgical Center, P.S.C. v. Meier

3:19-cv-00178 | U.S. District Court for the Western District of Kentucky

Filed Date: March 14, 2019

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) In 2019, the American Civil Liberties Union and the ACLU of Kentucky filed a lawsuit to challenge two Kentucky laws: one banned on abortion at 6-weeks of pregnancy, and the other law banned abortion based on the specific reasons for the person’s decision, such as a fetal diagnosis. 

Documents in the Clearinghouse

Document
1

3:19-cv-00178

Verified Complaint

EMW Women's Surgical Center v. Meier

March 14, 2019

March 14, 2019

Complaint
14

3:19-cv-00178

Temporary Restraining Order

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

2019 WL 1233575

March 15, 2019

March 15, 2019

Order/Opinion
5

3:19-cv-00178

Verified Amended Complaint

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

March 15, 2019

March 15, 2019

Complaint
21

3:19-cv-00178

Order on Motion to Expedite

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

2019 WL 9047174

March 20, 2019

March 20, 2019

Order/Opinion
31

3:19-cv-00178

Stipulation and Order of Dismissal Upon Conditions of Andrew G. Beshear

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

March 27, 2019

March 27, 2019

Order/Opinion
48

3:19-cv-00178

Plaintiffs’ Notice of Transcript in Georgia Case and Preliminary Injunction in Alabama Case

Oct. 30, 2019

Oct. 30, 2019

Pleading / Motion / Brief
53

3:19-cv-00178

Motion to Intervene

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

Jan. 31, 2020

Jan. 31, 2020

Pleading / Motion / Brief
59

3:19-cv-00178

Order

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

March 9, 2020

March 9, 2020

Order/Opinion
62

3:19-cv-00178

Order

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

Oct. 19, 2021

Oct. 19, 2021

Order/Opinion
79

3:19-cv-00178

Memorandum Opinion and Order

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

2022 WL 812370

March 16, 2022

March 16, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14708095/emw-womens-surgical-center-psc-v-meier/

Last updated April 12, 2022, 8 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Exhibit A to Complaint and Motion - HB 5

View on PACER

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

View on PACER

4 Proposed Order on Motion for TRO/PI

View on PACER

March 14, 2019

March 14, 2019

Clearinghouse
2

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

March 14, 2019

March 14, 2019

PACER
3

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)

March 14, 2019

March 14, 2019

PACER
4

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

March 14, 2019

March 14, 2019

PACER
5

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

View on PACER

2 Exhibit Exhibit B- HB 5

View on PACER

March 15, 2019

March 15, 2019

Clearinghouse
6

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)

March 15, 2019

March 15, 2019

PACER
7

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)

March 15, 2019

March 15, 2019

PACER
8

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)

March 15, 2019

March 15, 2019

PACER
9

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)

March 15, 2019

March 15, 2019

PACER
10

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)

March 15, 2019

March 15, 2019

PACER
11

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)

March 15, 2019

March 15, 2019

PACER
12

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

March 15, 2019

March 15, 2019

PACER
13

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)

March 15, 2019

March 15, 2019

PACER
14

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)

March 15, 2019

March 15, 2019

Clearinghouse
15

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)

March 18, 2019

March 18, 2019

PACER
16

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)

March 18, 2019

March 18, 2019

PACER
17

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)

March 19, 2019

March 19, 2019

PACER

Order on Motion to Appear Pro Hac Vice

March 19, 2019

March 19, 2019

PACER
18

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)

March 19, 2019

March 19, 2019

PACER
19

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)

March 20, 2019

March 20, 2019

PACER
20

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

March 20, 2019

March 20, 2019

PACER
21

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)

March 20, 2019

March 20, 2019

Clearinghouse
22

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)

March 21, 2019

March 21, 2019

PACER
23

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)

March 22, 2019

March 22, 2019

PACER
24

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

March 25, 2019

March 25, 2019

PACER
25

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)

March 26, 2019

March 26, 2019

PACER

Order - TEXT ONLY

March 26, 2019

March 26, 2019

PACER
26

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

March 26, 2019

March 26, 2019

RECAP
27

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

March 26, 2019

March 26, 2019

PACER
28

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)

March 27, 2019

March 27, 2019

PACER
29

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)

March 27, 2019

March 27, 2019

PACER
30

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)

March 27, 2019

March 27, 2019

PACER
31

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)

March 27, 2019

March 27, 2019

Clearinghouse
32

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)

March 27, 2019

March 27, 2019

RECAP
33

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

April 1, 2019

April 1, 2019

PACER
34

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

April 15, 2019

April 15, 2019

PACER
35

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)

April 17, 2019

April 17, 2019

PACER

Schedules

April 17, 2019

April 17, 2019

PACER

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

April 17, 2019

April 17, 2019

PACER
36

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)

June 3, 2019

June 3, 2019

PACER
37

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)

June 5, 2019

June 5, 2019

PACER
38

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)

June 7, 2019

June 7, 2019

PACER

Order on Motion to Appear Pro Hac Vice

June 7, 2019

June 7, 2019

PACER
39

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

June 26, 2019

June 26, 2019

PACER
40

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)

June 28, 2019

June 28, 2019

PACER
41

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

Aug. 2, 2019

Aug. 2, 2019

PACER
42

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)

Aug. 2, 2019

Aug. 2, 2019

PACER
43

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)

Sept. 18, 2019

Sept. 18, 2019

PACER

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

Sept. 18, 2019

Sept. 18, 2019

PACER

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).

Sept. 18, 2019

Sept. 18, 2019

PACER
44

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

Oct. 8, 2019

Oct. 8, 2019

PACER

Strike

Oct. 9, 2019

Oct. 9, 2019

PACER
45

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

Oct. 15, 2019

Oct. 15, 2019

PACER
46

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)

Oct. 18, 2019

Oct. 18, 2019

PACER
47

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

Oct. 25, 2019

Oct. 25, 2019

PACER
48

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

View on PACER

2 Exhibit

View on PACER

Oct. 30, 2019

Oct. 30, 2019

Clearinghouse
49

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

Dec. 9, 2019

Dec. 9, 2019

PACER
50

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)

Dec. 12, 2019

Dec. 12, 2019

PACER
51

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

Dec. 16, 2019

Dec. 16, 2019

PACER
52

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)

Jan. 30, 2020

Jan. 30, 2020

PACER
53

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)

Jan. 31, 2020

Jan. 31, 2020

Clearinghouse
54

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)

Feb. 5, 2020

Feb. 5, 2020

PACER
55

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)

Feb. 17, 2020

Feb. 17, 2020

PACER
56

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)

Feb. 21, 2020

Feb. 21, 2020

PACER
57

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

Feb. 26, 2020

Feb. 26, 2020

PACER
58

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)

March 6, 2020

March 6, 2020

PACER
59

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)

March 9, 2020

March 9, 2020

Clearinghouse
60

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)

Nov. 30, 2020

Nov. 30, 2020

PACER
61

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

Nov. 30, 2020

Nov. 30, 2020

PACER
62

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)

Oct. 19, 2021

Oct. 19, 2021

Clearinghouse
63

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)

Oct. 25, 2021

Oct. 25, 2021

PACER

Order - TEXT ONLY

Oct. 25, 2021

Oct. 25, 2021

PACER
64

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

Nov. 4, 2021

Nov. 4, 2021

PACER
65

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
66

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)

Nov. 10, 2021

Nov. 10, 2021

PACER
67

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)

Nov. 12, 2021

Nov. 12, 2021

PACER
68

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)

Nov. 19, 2021

Nov. 19, 2021

PACER
69

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)

Nov. 30, 2021

Nov. 30, 2021

PACER
70

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)

Dec. 7, 2021

Dec. 7, 2021

PACER
71

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

Feb. 4, 2022

Feb. 4, 2022

PACER
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) (Dunn, Barry) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
73

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)

Feb. 10, 2022

Feb. 10, 2022

PACER
74

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)

Feb. 10, 2022

Feb. 10, 2022

PACER
75

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)

Feb. 17, 2022

Feb. 17, 2022

PACER
76

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)

March 4, 2022

March 4, 2022

PACER
77

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)

March 9, 2022

March 9, 2022

PACER
78

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)

March 11, 2022

March 11, 2022

PACER
79

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)

March 16, 2022

March 16, 2022

Clearinghouse
80

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)

April 8, 2022

April 8, 2022

Clearinghouse

Case Details

State / Territory: Kentucky

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: March 14, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

EMW Women’s Surgical Center, P.S.C., the sole licensed abortion facility located in Kentucky

Plaintiff Type(s):

Public (for-profit) corporation

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Issues

Reproductive rights:

Fetus Identity

Time-based abortion prohibition

Cardiac activity legislation

Patient disclosure requirement

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

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

Type of Facility:

Non-government for profit