Case: EMW Women's Surgical Center, P.S.C. v. Glisson [later Meier]

3:17-cv-00189 | U.S. District Court for the Western District of Kentucky

Filed Date: March 29, 2017

Closed Date: Dec. 14, 2023

Clearinghouse coding complete

Case Summary

This action was filed on March 29, 2017 by the ACLU, representing an individual doctor and his patients seeking abortions, as well as EMW Women’s Surgical Center, the only abortion clinic in the state of Kentucky, which was threatened with closure after the state found technical deficiencies in its agreements with a hospital and ambulance service. The suit was filed in the Western District of Kentucky against Kentucky’s Secretary for Health and Family Services and alleged violations of Substant…

This action was filed on March 29, 2017 by the ACLU, representing an individual doctor and his patients seeking abortions, as well as EMW Women’s Surgical Center, the only abortion clinic in the state of Kentucky, which was threatened with closure after the state found technical deficiencies in its agreements with a hospital and ambulance service. The suit was filed in the Western District of Kentucky against Kentucky’s Secretary for Health and Family Services and alleged violations of Substantive Due Process, Procedural Due Process, due process under Kentucky law, and the First Amendment, claiming that the state was retaliating against the plaintiffs for filing a separate lawsuit challenging a forced ultrasound requirement. The plaintiff sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The case was assigned to Judge Greg N. Stivers.

Simultaneously with the filing of the complaint, the plaintiffs filed a motion for a temporary restraining order, which the court granted on March 31, 2017 (2017 WL 11485685) and later extended on April 10, 2017. The court found that the plaintiffs had shown a strong likelihood of success on the merits of the Fourteenth Amendment substantive due process and procedural due process claims since the state’s actions would force the only abortion clinic in the state to cease operations.

On May 3, 2017 Planned Parenthood of Indiana and Kentucky filed a motion to intervene, which Judge Stivers granted on June 23, 2017. 2017 WL 2726702. Planned Parenthood alleged that it was denied an abortion-facility license because of the same transfer and transport agreement requirements that threatened to close EMW. Planned Parenthood then added the Governor as a defendant in the suit.

The parties engaged in contentious discovery, including a motion for a protective order from the Governor to prevent Planned Parenthood from taking his deposition, which the court granted on August 30, 2017 for lack of extraordinary circumstances to warrant taking the deposition of a high-ranking official. 2017 WL 3749889. Further, on October 30, 2017 Magistrate Judge Dave Whalin granted in part and denied in part a motion for Planned Parenthood for sanctions. The Governor’s office was ordered to pay Planned Parenthood’s travel and attorneys’ fees for his scheduled deposition since his objection to it was untimely. The costs totaled $21,190. 2017 WL 4897528. Judge Stivers overruled the defendant’s objections to this order on September 28, 2018. 2018 WL 10229473.

After a three-day bench trial in September 2017, Judge Stivers found in favor of the plaintiffs and held that the Kentucky law requiring transfer and transport agreements was unconstitutional based on their substantive due process claim and dismissed the other claims as moot. 2018 WL 6444391.

The state appealed to the Sixth Circuit, which affirmed in part and reversed in part on October 16, 2020. Writing for the Court of Appeals, Judge Joan L. Larsen found that the transfer and transport agreement did not impose a substantial obstacle on the right to abortion. The court also held the district court did not abuse its discretion in imposing sanctions on the state or requiring the state to pay travel fees.The case was remanded to the district court for further proceedings on the procedural due process and retaliation claims. A request for rehearing en banc was denied on December 31, 2020. 978 F.3d 418.

The Attorney General of Kentucky, as intervenor, submitted a motion for summary judgment on July 30, 2021 in part based on an expectation that the Supreme Court would overturn Roe v. Wade, which the Court did on June 24, 2022 in its opinion in Dobbs v. Jackson Women’s Health Organization. The state subsequently issued a ban on abortions with very limited exceptions on July 15, 2022. Pursuant to these developments, the Attorney General submitted a new brief on November 1, 2022 arguing that this case should be dismissed. 

On December 14, 2023 the Court ordered that the Plaintiffs' and Intervenor-Plaintiff's Motion to Dismiss is granted. The Court reasoned that because the Court lacks jurisdiction over this matter, the case must be dismissed. Additionally, the Court stated that the complaint is dismissed without prejudice as the legal landscape surrounding abortion issues has changed since 2017 until now.  

The Court also ruled that the Intervenor-Defendant's Motion for Summary Judgment and the Intervenor-Plaintiff's Motion to Hold in Abeyance are denied as moot as court lacks jurisdiction over this dispute. 

As of December 14, 2023, this case has been closed and removed from the active docket. 

Summary Authors

Robin Peterson (5/2/2023)

Renuka Wagh (9/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4667565/parties/emw-womens-surgical-center-psc-v-glisson/


Judge(s)
Attorney for Plaintiff

Abate, Michael P. (Kentucky)

Amiri, Brigitte A. (Kentucky)

Beck, Andrew D. (Kentucky)

Bostwick, Melanie L. (Kentucky)

Burrows, Meagan M. (Kentucky)

Attorney for Defendant
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
3

3:17-cv-00189

Plaintiffs’ Motion for Temporary Restraining Order and/or Preliminary Injunction

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

March 29, 2017

March 29, 2017

Pleading / Motion / Brief
1

3:17-cv-00189

Verified Complaint

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

March 29, 2017

March 29, 2017

Complaint
6

3:17-cv-00189

Order Granting Temporary Restraining Order

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

March 31, 2017

March 31, 2017

Order/Opinion

2017 WL 11485685

45

3:17-cv-00189

Memorandum Opinion and Order

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

June 23, 2017

June 23, 2017

Order/Opinion

2017 WL 2726702

87

3:17-cv-00189

Memorandum Opinion and Order

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

Aug. 30, 2017

Aug. 30, 2017

Order/Opinion

2017 WL 3749889

150

3:17-cv-00189

Memorandum Opinion and Order

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

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion

2017 WL 4897528

168

3:17-cv-00189

Findings of Fact, Conclusions of Law, and Order

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

Sept. 28, 2018

Sept. 28, 2018

Order/Opinion

2018 WL 6444391

198

3:17-cv-00189

Order

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

July 2, 2019

July 2, 2019

Order/Opinion
98

18-cv-06161

Opinion

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

U.S. Court of Appeals for the Sixth Circuit

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion

978 F.3d 418

224

3:17-cv-00189

Attorney General Daniel Cameron's Motion for Summary Judgment

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

July 30, 2021

July 30, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4667565/emw-womens-surgical-center-psc-v-glisson/

Last updated Feb. 1, 2025, 10:45 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Vicky Yates Brown Glisson filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, M.D. Filing fee $ 400, receipt number 0644-2410703. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Emergency Transfer Agreement, # 3 Exhibit B: Mercy Ambulance Agreement, # 4 Exhibit C: Letter dated 3/13/17, # 5 Exhibit D: Mercy Ambulance Agreement 2016, # 6 Exhibit E: Email from Silverthorn to John Cox, # 7 Exhibit F: Letter dated 3/27/17) (NM) (Entered: 03/30/2017)

1 Cover Sheet

View on PACER

2 Exhibit A: Emergency Transfer Agreement

View on PACER

3 Exhibit B: Mercy Ambulance Agreement

View on PACER

4 Exhibit C: Letter dated 3/13/17

View on PACER

5 Exhibit D: Mercy Ambulance Agreement 2016

View on PACER

6 Exhibit E: Email from Silverthorn to John Cox

View on PACER

7 Exhibit F: Letter dated 3/27/17

View on PACER

March 29, 2017

March 29, 2017

Clearinghouse
2

Case Assignment (Random Selection): Case Assigned to Judge Greg N. Stivers. Magistrate Judge designation: Judge Colin H. Lindsay. (NM) (Entered: 03/30/2017)

March 29, 2017

March 29, 2017

PACER
3

MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, M.D. (Attachments: # 1 Proposed Order) (NM). Added MOTION for Preliminary Injunction on 4/3/2017 (CDR). (Entered: 03/30/2017)

March 29, 2017

March 29, 2017

Clearinghouse
4

Summons Issued as to Vicky Yates Brown Glisson. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (NM) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
5

Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cox, Donald) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
6

ORDER GRANTING TEMPORARY RESTRAINING ORDER by Judge Greg N. Stivers on 3/31/2017. Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction (DN 3 ) is GRANTED as to the temporary restraining order. Vicky Yates Brown Glisson and all those acting in concert with her are TEMPORARILY ENJOINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with KRS 216B.0435 and 902 KAR 20:360, Section 10. The requirement of security under Fed. R. Civ. P. 65(c) is waived due to the strong public interest involved. The temporary restraining order will expire fourteen (14) days from its entry in accordance with Fed. R. Civ. P. 65(b)(2). cc: Counsel (CDR) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

Clearinghouse
7

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 04/03/2017. IT IS HEREBY ORDERED a Telephone Conference is set for 4/4/2017 at 11:00 AM EDT before Judge Greg N. Stivers. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER

Order - TEXT ONLY

April 3, 2017

April 3, 2017

PACER
8

MOTION for Jennifer Dalven to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2413495.by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
9

MOTION for Brigitte Amiri to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2413519.by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
10

MOTION for Elizabeth Watson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2413526.by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
11

ORDER for proceedings held before Judge Greg N. Stivers: Telephone Conference held on 4/4/2017. Parties shall file a proposed agreed order regarding continuation of the TRO by 4/7/2017. In-person Status Conference set for 6/8/2017 at 1:30 PM ET in Louisville before Judge Greg N. Stivers. Bench Trial set for 9/6/2017 at 9:00 AM ET in Louisville before Judge Greg N. Stivers. The anticipated length of trial is two or three days. cc: Counsel (CDR) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
12

ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE by Judge Greg N. Stivers on 4/4/2017 granting 8 Motion to Appear Pro Hac Vice as to Jennifer Dalven. cc: Counsel(CDR) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
13

ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE by Judge Greg N. Stivers on 4/4/2017 granting 9 Motion to Appear Pro Hac Vice as to Brigitte Amiri. cc: Counsel (CDR) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
14

ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE by Judge Greg N. Stivers on 4/4/2017 granting 10 Motion to Appear Pro Hac Vice as to Elizabeth Watson. cc: Counsel (CDR) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
15

Joint MOTION for Pretrial Conference to Enter Order re Trial and Pretrial by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order) (Cox, Donald) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
16

ORDER by Judge Greg N. Stivers on 4/7/2017 re 15 Joint MOTION for Pretrial Conference to Enter Order re Trial and Pretrial. The terms of the TRO entered 3/31/2017 (DN 6 ) will continue in full force and effect as a Preliminary Injunction until a final judgment is entered. Defendant's Answer due 4/14/2017. Rule 26(a)(1) Disclosures due by 4/21/2017. Discovery shall commence on 4/28/2017 and close 8/1/2017. Expert Witness disclosures due by 6/1/2017. Rebuttal expert disclosures due 6/22/2017. Witness List due by 8/15/2017. Exhibit List due by 8/21/2017. Motions in limine and Daubert Motions due by 8/28/2017. Pre-trial Memorandum due by 8/30/2017. (See Order for specifics.) cc: Counsel (CDR) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
17

ANSWER to 1 Complaint, by Vicky Yates Brown Glisson. (Pitt, M.) (Main Document 17 replaced per DN 18 on 4/17/2017) (CDR). (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
18

NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT document attached to docket entry by efiler re: 17 Answer to Complaint ; Correct document attached to this entry. (Pitt, M.) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
19

MOTION to Intervene by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Exhibit A - Intervening Complaint, # 2 Proposed Order) (McGhee, James) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
20

MOTION for Karen G. Johnson-McKewan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2432035.by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit, # 2 Proposed Order) (McGhee, James) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
21

NOTICE of Deficiency re 20 Motion to Appear Pro Hac Vice. Reason for Deficiency: A Certificate of Good Standing is required. Failure to comply will be brought to the attention of the Court. Response due by 5/11/2017. (CDR) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
22

SUPPLEMENT - Certificate of Good Standing, re 20 Motion to Appear Pro Hac Vice, 21 Notice of Deficiency by Planned Parenthood of Indiana and Kentucky, Inc.. (McGhee, James) Modified to add text on 5/5/2017 (CDR). (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
23

ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR KAREN G. JOHNSON-MCKEWAN by Judge Greg N. Stivers on 5/9/2017 granting 20 Motion to Appear Pro Hac Vice cc: Counsel (CDR) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
24

MOTION for Lisa T. Simpson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2435868.by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit and Certificate of Good Standing, # 2 Proposed Order) (McGhee, James) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
25

MOTION for Carrie Y. Flaxman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2435882.by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit and Certificate of Good Standing, # 2 Proposed Order) (McGhee, James) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
26

MOTION for Jennifer Keighley to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2437806.by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit and Certificate of Good Standing, # 2 Proposed Order) (McGhee, James) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
27

ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR LISA T. SIMPSON by Judge Greg N. Stivers on 5/11/2017 granting 24 Motion to Appear Pro Hac Vice cc: Counsel(CDR) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
28

ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR CARRIE Y. FLAXMAN by Judge Greg N. Stivers on 5/11/2017 granting 25 Motion to Appear Pro Hac Vice. cc: Counsel (CDR) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
29

ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR JENNIFER KEIGHLEY by Judge Greg N. Stivers on 5/15/2017 granting 26 Motion to Appear Pro Hac Vice cc: Counsel (CDR) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
30

RESPONSE to Motion re 19 MOTION to Intervene filed by Vicky Yates Brown Glisson. (Attachments: # 1 Exhibit 1 - Stipulated Facts, # 2 Exhibit 2 - Sept. 9, 2016 Letter, # 3 Exhibit 3 - April 20, 2017 Recommended Administrative Order, # 4 Exhibit 4 - Planned Parenthood's Exceptions to Recommended Administrative Order, # 5 Proposed Order) (Pitt, M.) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
31

Mail sent to Carrie Y. Flaxman (DN 23 ) Returned as Undeliverable. (Forwarded to correct address at Planned Parenthood Federation of America, 1110 Vermont Avenue, NW, Suite 300, Washington, DC 20005.) (CDR) (Entered: 05/31/2017)

May 30, 2017

May 30, 2017

PACER
32

NOTICE of Expert Testimony Under FRCP 26A by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit Exh A. - Expert Report Hillard, # 2 Exhibit Exh B - Non-Retained Experts) (Cox, Donald) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
33

NOTICE of Expert Testimony by Vicky Yates Brown Glisson (Attachments: # 1 Exhibit Expert Report of Albert Riviezzo) (Pitt, M.) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
34

Mail sent to Carrie Y. Flaxman (DN 27, DN 28 ) Returned as Undeliverable. (Forwarded to correct address at Planned Parenthood Federation of America, 1110 Vermont Avenue, NW, Suite 300, Washington, DC 20005.) (CDR) Modified to add DN 27 on 6/5/2017 (CDR). (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
35

REPLY to Response to Motion re 19 MOTION to Intervene filed by Planned Parenthood of Indiana and Kentucky, Inc.. (Johnson-McKewan, Karen) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
36

MOTION for Robert L. Uriarte to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2451399.by Intervenor - Pending Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit of Robert L. Uriarte, # 2 Certificate of Good Standing, # 3 Proposed Order) (Hinkle, Casey) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
37

ORDER Signed by Judge Greg N. Stivers on 6/7/17 granting 36 Motion for Robert L. Uriarte to Appear Pro Hac Vice cc: Counsel(MLG) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
38

REPORT for proceedings held before Judge Greg N. Stivers: Status Conference held on 6/8/2017. Parties updated the Court as to the status of this case. The parties were advised if they need to schedule a telephone conference or another hearing prior to the bench trial, counsel shall contact the Courtroom Deputy, Ms. Traci Duff. (Court Reporter - Alan Wernecke.) cc: Counsel (CDR) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
39

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 06/15/2017. A Telephone Conference is set for 6/16/2017 at 1:30 PM CDT/2:30 PM EDT before Judge Greg N. Stivers. IT IS SO ORDERED that participants for the call shall connect to the conference by dialing the Toll Free Meeting Number 1-888-808-6929 and entering the Access Code 9986721. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER

Order - TEXT ONLY

June 15, 2017

June 15, 2017

PACER
40

FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 6/8/2017, before Judge Greg N. Stivers. Court Reporter Alan Wernecke, Telephone number 502-625-3779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/7/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/14/2017. (AWW) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
41

Notice of Filing Official Transcript re 40 Transcript - Court Official. Please review the complete Notice for instructions. (AWW) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
42

REPORT for proceedings held before Judge Greg N. Stivers: Telephone Conference held on 6/16/2017. The Court updated the parties as to the pending ruling on "Planned Parenthood of Indiana and Kentucky's Motion in Support of Intervention for Declaratory and Injunctive Relief" (DN 19 ) and advised the parties the official ruling will issue next week. (Court Reporter - Jessica Mercer, ECRO.) cc: Counsel (CDR) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
43

STIPULATION OF THE PARTIES by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Cox, Donald) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
44

NOTICE of Filing of Rebuttal Expert Witness Reports by Vicky Yates Brown Glisson (Attachments: # 1 Exhibit A - Report of Dr. Bramer, # 2 Exhibit B - Report of Dr. Hamilton, # 3 Exhibit C - Report of Mr. Riviezzo) (Pitt, M.) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
45

MEMORANDUM OPINION & ORDER by Judge Greg N. Stivers on 6/22/2017 granting 19 Planned Parenthood of Indiana and Kentucky, Inc.'s Motion to Intervene. cc: Counsel (CDR) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

Clearinghouse
46

Intervenor COMPLAINT for Declaratory and Injunctive Relief, filed by Planned Parenthood of Indiana and Kentucky, Inc. against Matthew Bevin and Vickie Yates Brown Glisson. (CDR) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
47

NOTICE of Filing Exhibits to Stipulations by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD re 43 Stipulation (Attachments: # 1 Exhibit A - 216B.040, # 2 Exhibit B - 216B.0435, # 3 Exhibit C - 902 KAR 20:360, # 4 Exhibit D - 216B.105, # 5 Exhibit E - Inspector Gen's letter to EMW 04-27-16, # 6 Exhibit F - Inspector Gen's letter to EMW 03-13-17, # 7 Exhibit G - Plaintiff's letter to Inspector General 03-21-17, # 8 Exhibit H - Inspector Gen's email of 03-23-17 to Plaintiff's Counsel re extending time, # 9 Exhibit I - Inspector Gen's 03-27-17 Letter to Plaintiff's counsel) (Cox, Donald) Modified to add descriptions on 6/27/2017 (CDR). (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
48

NOTICE of Filing of Tendered Summons by Planned Parenthood of Indiana and Kentucky, Inc. re 45 Order on Motion to Intervene, 46 Intervenor Complaint (Attachments: # 1 Summons to Kentucky Governor Bevin, # 2 Summons to Kentucky Attorney General) (Johnson-McKewan, Karen) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
49

Summonses Issued as to Matthew Bevin. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (CDR) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
50

MOTION for Kayvan Ghaffari to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2467946.by Intervenor Plaintiff Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order) (McGhee, James) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
51

MOTION for Anjali Dalal to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2467952.by Intervenor Plaintiff Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order) (McGhee, James) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
52

ORDER by Judge Greg N. Stivers on 7/10/2017 granting 50 Motion for Kayvan Ghaffari to Appear Pro Hac Vice cc: Counsel; Kayvan Ghaffari; Anjali Dalal(JWM) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
53

ORDER by Judge Greg N. Stivers on 7/10/2017 granting 51 Motion for Anjali Dalal to Appear Pro Hac Vice cc: Counsel; Kayvan Ghaffari; Anjali Dalal(JWM) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
54

ANSWER to 46 Intervenor Complaint by Matthew Bevin, Vicky Yates Brown Glisson. (Wolsing, Jennifer) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
55

MOTION to Expedite Ruling on, MOTION for Protective Order and/or, MOTION to Quash Subpoena by Interested Party KentuckyOne Health Jewish Hospital (Attachments: # 1 Exhibit 1 - Subpoena, # 2 Proposed Order) (Edelman, Barbara) Modified to add text and change party role on 8/8/2017 (CDR). (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER

Order Referring Motion - TEXT ONLY

Aug. 7, 2017

Aug. 7, 2017

PACER
56

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/07/2017. The Motion for Expedited Ruling on Motion for Protective Order and/or to Quash Subpoena 55 is referred to U.S. Magistrate Judge Dave Whalin, pursuant to 28 USC §§ 636(b)(1)(A) for ruling. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
57

ORDER for proceedings held before Magistrate Judge Dave Whalin: A telephonic conference was conducted on 8/8/2017. After discussing Jewish Hospital's pending motion at DN 55, the parties reached an agreement. The Court, accordingly, will DENY Jewish Hospital's "Motion to Expedite Ruling on, Motion for Protective Order and/or Motion to Quash Subpoena" (DN 55 ) without prejudice and with leave to refile. cc: Counsel (CDR) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
58

Witness List by Matthew Bevin, Vicky Yates Brown Glisson. (Wolsing, Jennifer) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER

Order Referring Motion - TEXT ONLY

Aug. 15, 2017

Aug. 15, 2017

PACER
59

MOTION for Protective Order and MOTION to Quash Subpoena by Defendants Matthew Bevin, Vicky Yates Brown Glisson (Attachments: # 1 Exhibit A--August 11, 2017 e-mail and NTTD, # 2 Exhibit B--Brinkley deposition, # 3 Exhibit C--Silverthorn deposition (June 20), # 4 Exhibit D--Silverthorn deposition (June 21), # 5 Exhibit E--Glisson deposition, # 6 Exhibit F--Davis deposition, # 7 Exhibit G--Hold deposition, # 8 Exhibit H--Hinson deposition, # 9 Exhibit I--Marshall deposition, # 10 Exhibit J--Neumann deposition, # 11 Exhibit K--Craig deposition, # 12 Exhibit L--July 6, 2017 e-mail thread) (Wolsing, Jennifer). Added MOTION for Protective Order on 8/16/2017 (CDR). (Additional attachment(s) added on 8/22/2017: # 13 Proposed Order) (CDR). (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
60

Witness List by EMW Women's Surgical Center, P.S.C.. (Cox, Donald) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
61

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/15/2017. The Motion for Protective Order and to Quash Subpoena (DN 59 ) is referred to U.S. Magistrate Judge Dave Whalin, pursuant to 28 USC §§ 636(b)(1)(A) for ruling. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
62

Witness List by Planned Parenthood of Indiana and Kentucky, Inc.. (Ghaffari, Kayvan) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
63

NOTICE of Expert Testimony Under FRCP 26A by Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Exhibit A - Expert Report Hillard) (Ghaffari, Kayvan) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
64

ORDER by Magistrate Judge Dave Whalin on 8/17/2017 - Intervening Plaintiff Planned Parenthood is directed to file a response to Defendants' Motion for Protective Order and Motion to Quash Subpoena (DN 59) by the close of business on August 22, 2017.cc:counsel (DAK) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
65

MOTION for Protective Order by Defendant Matthew Bevin (Attachments: # 1 Exhibit 1 - Notice of Deposition, # 2 Exhibit 2 - July 12 e-mail thread, # 3 Exhibit 3 - August 1 e-mail, # 4 Exhibit 4 - July 21 e-mail thread, # 5 Exhibit 5 - July 27 - August 2 e-mail thread, # 6 Exhibit 6 - August 11 e-mail, # 7 Proposed Order) (Pitt, M.) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
66

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/18/2017. The "Motion for Protective Order" (DN 65 ) filed by Matthew Bevin is referred to U.S. Magistrate Judge Dave Whalin, pursuant to 28 USC §§ 636(b)(1)(A) for ruling. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER

Order Referring Motion - TEXT ONLY

Aug. 18, 2017

Aug. 18, 2017

PACER
67

Proposed Order re 59 MOTION to Quash Subpoena of Gov. Bevin & Motion for Protective Order regarding same MOTION for Protective Order by Matthew Bevin. (Wolsing, Jennifer) (Entered: 08/19/2017)

Aug. 19, 2017

Aug. 19, 2017

PACER
68

MOTION to Compel EMW's corporate deposition by Defendants Matthew Bevin, Vicky Yates Brown Glisson (Attachments: # 1 Exhibit A--Dr. Marshall depo excerpts, # 2 Exhibit B--Aug. 1-10 email thread, # 3 Exhibit C--Aug. 11-15 email thread, # 4 Exhibit D--Aug. 16 email thread, # 5 Proposed Order) (Wolsing, Jennifer) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER

Order Referring Motion - TEXT ONLY

Aug. 22, 2017

Aug. 22, 2017

PACER
69

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/22/2017. The "Motion to Compel Deposition" (DN 68 ) filed by Matthew Bevin and Vicky Yates Brown Glisson is referred to U.S. Magistrate Judge Dave Whalin, pursuant to 28 USC §§ 636(b)(1)(A) for ruling. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
70

RESPONSE to Motion re 59 MOTION to Quash Subpoena of Gov. Bevin & Motion for Protective Order regarding same MOTION for Protective Order filed by Planned Parenthood of Indiana and Kentucky, Inc.. (Attachments: # 1 Affidavit of Robert L. Uriarte, # 2 Exhibit A- Steven Davis Deposition Excerpts, # 3 Exhibit B- Order Dismissing Bevin's Lawsuit against Planned Parenthood, # 4 Exhibit C- Stephani Hold Deposition Excerpts, # 5 Exhibit D- Secretary Glisson Deposition Excerpts, # 6 Exhibit E- Email discussing Bevin's Interference, # 7 Exhibit F- Ruth Brinkley Deposition Excerpts, # 8 Exhibit G- PPINK Transfer Agreement, # 9 Exhibit H- Cancelation Letter re Transfer Agreement, # 10 Exhibit I- Uriarte email to Defense Counsel) (Johnson-McKewan, Karen) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
71

NOTICE of Errata by Planned Parenthood of Indiana and Kentucky, Inc. re 70 Response to Motion,,, (Johnson-McKewan, Karen) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER

Order - TEXT ONLY

Aug. 23, 2017

Aug. 23, 2017

PACER
72

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/23/2017. A Telephone Conference is set for 08/25/2017 at 02:30 PM EDT before Judge Greg N. Stivers. IT IS ORDERED that participants for the call shall connect to the conference by dialing the Toll Free Meeting Number 1-888-808-6929 and entering the Access Code 9986721. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
73

NOTICE of PLAINTIFFS' PROPOSED PRE-TRIAL CONFERENCE AGENDA by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD re 72 Order, (Cox, Donald) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
74

MOTION to Exclude Expert Witness Riviezzo by Plaintiff EMW Women's Surgical Center, P.S.C., Intervenor Plaintiff Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Exhibit Deposition Excerpts Riiviezzo) (Cox, Donald) (Additional attachment(s) added on 8/29/2017: # 2 Proposed Order) (CDR). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
75

RESPONSE to Motion re 65 MOTION for Protective Order filed by Planned Parenthood of Indiana and Kentucky, Inc.. (Attachments: # 1 Declaration of Kayvan Ghaffari, # 2 Exhibit A Docket in Bevin v. Beshear, # 3 Exhibit B August 14 Email, # 4 Exhibit C August 15 Email, # 5 Exhibit D August 25 Production Transmittal Email, # 6 Exhibit E June 8 Text Messages, # 7 Exhibit F March 9 Email Chain, # 8 Exhibit G February 23 Email Chain, # 9 Proposed Order) (Johnson-McKewan, Karen) Modified to add exhibit descriptions on 8/28/2017 (CDR). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
76

MOTION for Sanctions by Intervenor Plaintiff Planned Parenthood of Indiana and Kentucky, Inc. (Attachments: # 1 Declaration of Kayvan Ghaffari, # 2 Exhibit A Docket in Bevin v. Beshear, # 3 Exhibit B August 14 Email, # 4 Exhibit C August 15 Email, # 5 Exhibit D August 25 Production Transmittal Email, # 6 Exhibit E June 8 Text Messages, # 7 Exhibit F March 9 Email Chain, # 8 Exhibit G February 23 Email Chain, # 9 Proposed Order) (Johnson-McKewan, Karen) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
77

RESPONSE to Motion re 74 MOTION to Exclude Expert Witness Riviezzo filed by Matthew Bevin, Vicky Yates Brown Glisson. (Attachments: # 1 Proposed Order) (Wolsing, Jennifer) (Entered: 08/27/2017)

Aug. 27, 2017

Aug. 27, 2017

PACER
78

TEXT ORDER by Magistrate Judge Dave Whalin on 8/28/2017. At the request of counsel, a Telephonic Conference is scheduled for 8/28/2017 at 1:15 PM before Magistrate Judge Dave Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER

Order - TEXT ONLY

Aug. 28, 2017

Aug. 28, 2017

PACER
79

TEXT ORDER by Magistrate Judge Dave Whalin on 8/28/2017. Counsel having advised the Court that an agreement has been reached as to the most recent dispute, the telephonic conference scheduled for 8/28/2017 is REMANDED from the Court's docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
80

Proposed Order re 74 MOTION to Exclude Expert Witness Riviezzo by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD, Planned Parenthood of Indiana and Kentucky, Inc.. (Cox, Donald) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
81

MOTION in Limine to Exclude Out-of-State Clinic Evidence by Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order on Motion to Exclude Out-of-State) (Cox, Donald) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
82

ORDER for proceedings held before Judge Greg N. Stivers: Telephone Conference held on 8/25/2017. Upcoming trial date discussed. Defendants are not required to produce Defendants Glisson or Bevin in person at the trial. (Proceedings were not recorded.) cc: Counsel (CDR) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER

Order Referring Motion - TEXT ONLY

Aug. 29, 2017

Aug. 29, 2017

PACER
83

TEXT ORDER by Judge Greg N. Stivers (EBOC) on 08/29/2017. The "Planned Parenthood of Indiana and Kentucky's Opposition to Governor Bevin's Motion for Protective Order and Cross Motion for Sanctions" (DN 76 ) filed by Intervenor Plaintiff Planned Parenthood of Indiana and Kentucky, Inc. is referred to U.S. Magistrate Judge Dave Whalin, pursuant to 28 USC §§ 636(b)(1)(A) for ruling. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
84

RESPONSE to Motion re 68 MOTION to Compel EMW's corporate deposition filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Attachments: # 1 Exhibit Email Exchange) (Cox, Donald) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
85

Witness List Planned Parenthood of Indiana and Kentucky's Supplemental Witness List by Planned Parenthood of Indiana and Kentucky, Inc.. (Uriarte, Robert) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
86

Proposed Agreed Order/Stipulation by Planned Parenthood of Indiana and Kentucky, Inc.. (Uriarte, Robert) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
87

MEMORANDUM OPINION AND ORDER by Magistrate Judge Dave Whalin on 8/30/2017 re 59 Motion for Protective Order and Motion to Quash Subpoena. IT IS HEREBY ORDERED that Defendants' Motion for Protective Order to prevent the deposition of Governor Bevin (DN 59 ) is GRANTED. cc: Counsel (CDR) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

Clearinghouse
88

ORDER for proceedings held before Magistrate Judge Dave Whalin. Telephone Conference held on 8/29/2017 to address two pending discovery motions: (1) Defendants' Motion for Protective Order regarding the Rule 30(b)(6) deposition of the Governor's Office noticed by Planned Parenthood (DN 65 ); and (2) Defendants' Motion to Compel the Rule 30(b)(6) deposition of EMW (DN 68 ). The Rule 30(b)(6) deposition issues identified in Defendants' Motion for Protective Order (DN 65 ) and Defendants' Motion to Compel (DN 68 ) have been resolved by the parties. (See Order for specifics.) cc: Counsel (CDR) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
89

PRETRIAL MEMORANDUM by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Attachments: # 1 Exhibit A - Excerpts from Vickie Yates Brown Glisson's Deposition, # 2 Exhibit B - Excerpts from Robert S. Silverthorn Jr.'s Deposition, # 3 Exhibit C - Excerpts from Richard J. Hamilton's Deposition, # 4 Exhibit D - Excerpts from Jeanne Bramer's Deposition, # 5 Exhibit E - Excerpts from Stephanie Hold's Deposition, # 6 Exhibit F - Excerpts from Steven D. Davis's Deposition, # 7 Exhibit G - Signed Patient Transfer Agreement between Baptist Healthcare System Inc. and Provision Living at Beaumont Centre, # 8 Exhibit H - Excerpts from Kenneth Marshall's Deposition ) (Amiri, Brigitte) Modified to add exhibit descriptions on 8/31/2017 (CDR). (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
90

TRIAL BRIEF by Matthew Bevin, Vicky Yates Brown Glisson. (Attachments: # 1 Exhibit 1--11/11/1990 article, # 2 Exhibit 2--09/20/1990 article, # 3 Exhibit 3--05/18/1996 article, # 4 Exhibit 4--House Judiciary Committee transcript, # 5 Exhibit 5--October 7, 2013 transport letter, # 6 Exhibit 6--February 1, 2014 transfer agreement, # 7 Exhibit 7--Peterson article, # 8 Exhibit 8--Steve Davis depo excerpts, # 9 Exhibit 9--Stephanie Hold depo excerpts, # 10 Exhibit 10--January 28, 2016 letter from OIG to Planned Parenthood, # 11 Exhibit 11--February 9, 2016 letter from Planned Parenthood to CHFS/OIG, # 12 Exhibit 12--January 29, 2016 transfer agreement between University Medical Center in Louisville and Planned Parenthood, # 13 Exhibit 13--January 29, 2016 transport agreement between Louisville Metro EMS and Planned Parenthood., # 14 Exhibit 14--March 2, 2016 letter from University of Louisville Hospital to Planned Parenthood., # 15 Exhibit 15--June 2, 2016 letter from Planned Parenthood to CHFS/OIG, # 16 Exhibit 16--transfer agreement between UK HealthCare and Planned Parenthood, # 17 Exhibit 17--transport agreement between Louisville Metro EMS and Planned Parenthood, # 18 Exhibit 18--list of documents that Planned Parenthood mailed to CHFS/OIG, # 19 Exhibit 19--September 9, 2016 letter from CHFS/OIG to Planned Parenthood, # 20 Exhibit 20--September 22, 2016 letter from CHFS/OIG to Planned Parenthood, # 21 Exhibit 21--October 6, 2016 letter from counsel to CHFS Administrative Hearings Branch, # 22 Exhibit 22--Ernest Marshall deposition, # 23 Exhibit 23--June 20, 2017 Silverthorn deposition, # 24 Exhibit 24--March 13, 2017 letter from CHFS/OIG to EMW Louisville, # 25 Exhibit 25--March 23, 2017 e-mail from Silverthorn to John Cox, # 26 Exhibit 26--March 31, 2017 letter from CHFS/OIG to EMW Louisville, # 27 Exhibit 27--Planned Parenthood v. CHFS, Administrative Action No. DAH DHC 16-003261, April 20, 2017 Recommended Order, # 28 Exhibit 28--Planned Parenthood v. CHFS, Administrative Action No. DAH DHC 16-003261 July 20, 2017 Final Order, # 29 Exhibit 29--902 KAR 20:360E, # 30 Exhibit 30--June 21, 2017 Silverthorn deposition, # 31 Exhibit 31--Dr. Richard Hamilton expert witness report, # 32 Exhibit 32--Dr. Richard Hamilton deposition, # 33 Exhibit 33a--Research in Ambulatory Patient Safety Part A, # 34 Exhibit 33b--Research in Ambulatory Patient Safety Part B, # 35 Exhibit 33c--Research in Ambulatory Patient Safety Part C, # 36 Exhibit 33d--Research in Ambulatory Patient Safety Part D, # 37 Exhibit 34--Dr. Jeanne Bramer deposition, # 38 Exhibit 35--Patti Stauffer deposition, # 39 Exhibit 36--Clinics within 150 miles of Kentucky, # 40 Exhibit 37--Mileage chart, # 41 Exhibit 38--Clinics within 125 miles of Kentucky, # 42 Exhibit 39--Cook deposition, # 43 Exhibit 40--Franklin deposition, # 44 Exhibit 41--Plaintiff's answer to Defendants' second discovery requests) (Wolsing, Jennifer) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
91

TRIAL BRIEF by Planned Parenthood of Indiana and Kentucky, Inc.. (Simpson, Lisa) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 29, 2017

Closing Date: Dec. 14, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A clinic that provides abortions and a doctor on behalf of himself and his patients seeking abortions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $21,190

Issues

General/Misc.:

Retaliation

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

Facility requirements

Licensing restriction

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

Undue Burden