Case: West Alabama Women's Center v. Miller

2:15-cv-00497 | U.S. District Court for the Middle District of Alabama

Filed Date: July 10, 2015

Closed Date: Sept. 20, 2019

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Case Summary

On July 10, 2015, the West Alabama Women’s Center, its Medical Director, and a physician it employed (collectively, the “Clinic”), sued Alabama's State Health Officer (“SHO”) in the United States District Court for the Middle District of Alabama. Represented by the ACLU, the Clinic challenged an Alabama statute that required every physician who performed an abortion at a licensed abortion clinic to have staff privileges at a local hospital or, alternatively, that the clinic have a written agreement with a local physician who had such privileges to serve as the clinic’s outside covering physician (“Privileges Statute”). According to the complaint, the only hospital in Tuscaloosa refused to give the Medical Director privileges and no ob-gyn in the area was willing to serve as the Clinic’s outside covering physician for fear of association. Because of this, the Clinic had to suspend patient services. Thus, the Clinic alleged that the Privileges Statute violated the Due Process Clause by violating a patient’s right to privacy and the Clinic’s right to pursue their profession. The Clinic sought declaratory and injunctive relief. This case was assigned to District Judge Myron H. Thompson.

The same day as filing the complaint, the Clinic also filed a motion for a preliminary injunction. In the motion, the Clinic argued the Privileges Statute would force it to close and that the statute imposed an undue burden on these patients’ constitutionally protected right to have an abortion.

On August 4, 2015, the court granted the preliminary injunction, finding that the Clinic showed a substantial likelihood of succeeding on the merits, that they would suffer irreparable harm absent injunctive relief, and that the harm to the Clinic outweighed the State’s harm. The injunction only applied to the Clinic, and not to the single other licensed abortion clinic in Alabama.

During a joint conference on August 26, 2015, the parties requested a one-year stay to this litigation. The SHO granted the Clinic a one-year waiver from the regulation, but this was not a settlement and either party was allowed to move to lift the stay at any time. On August 31, the court granted the stay.

Amended Complaint

Effective on June 2, 2016, the Alabama Department of Public Health (“DPH”) adopted a new regulation that if an abortion clinic could not satisfy the admitting privileges or covering physician requirements were now required to give every abortion patient a copy of her medical record prior to leaving the facility (“Medical Records Requirement”).

Additionally, while this case was stayed, the Alabama legislature passed two abortion restrictions. First, Alabama Senate Bill 205 (“School Proximity Law”) prohibited DPH from issuing or renewing a health center license to an abortion clinic or reproductive health center that was located within 2,000 feet of a K-8 public school. This law would shut down both clinics. Second, Alabama Senate Bill 363 (“D&E Ban”) banned the use of the dilation and evacuation procedure (“D&E”), the only method provided in outpatient facilities and the most common method for second-trimester abortions. The D&E ban imposed a criminal penalty on the physician, as well as exposed them to civil suits. Both laws were set to take effect on August 1, 2016.

In response, on June 2, 2016, the Clinic moved to lift the stay and filed a supplemental complaint. In this new complaint, West Alabama Women’s Center, Alabama Women’s Center, and each center’s medical director, (collectively, the “Clinics”), sued the State Health Officer, the Attorney General of Alabama, the District Attorney for Tuscaloosa County, the District Attorney for Madison County, the Chairman of the Alabama Board of Medical Examiners, and the Chairman of the Medical Licensure Commission of Alabama (collectively, the “State”).

In the amended complaint, the Clinics argued that the new regulation would jeopardize the privacy of the Clinics’ patients by forcing them to have a paper trail of their reproductive health care. They also challenged the Medical Records Requirement as violating (a) a patient’s due process right to privacy and (b) the Clinics’ right to equal protection; the School Proximity Law as violating a patient's due process right to privacy; and the D&E Ban violated (a) a patient’s right to privacy and (b) a patient’s due process right to bodily integrity. The Clinics sought declaratory and injunctive relief against DPH’s new regulation, as well as the two new Alabama statutes.

On July 5, 2016, the court allowed the Clinics’ to file their amended complaint as well as to lift the stay. The Clinics filed the amended complaint on July 6, as well as a motion for a preliminary injunction.

On July 12, 2016, the court denied the Clinics’ preliminary injunction without prejudice only in respect to the Privileges Statute because the State Health Officer would continue to extend a waiver to West Alabama Women’s Center.

On July 13, 2016, in order to give the State an appropriate amount of time to respond to the Clinics’ motion for preliminary injunction, the State agreed to a temporary restraining order concerning the School Proximity Law and the D&E Ban until after the hearing of the preliminary injunction.

On August 4, 2016, the parties jointly moved to dismiss without prejudice the Chairman of the Alabama Board of Medical Examiners and the Chairman of the Medical Licensure Commission of Alabama. The court granted the dismissals on the same day.

On September 20, 2016, the parties jointly moved to dismiss the claims challenging the Medical Records Requirement, which was granted by the court on September 29, 2016. The Clearinghouse does not have access to the settlement agreement at this time.

On October 27, 2016, the court granted the preliminary injunction regarding the School Proximity Law and the D&E Ban. Both of these laws were analyzed under the undue-burden standard, and each were found to place a substantial obstacle to a woman seeking an abortion. Because of this, the Clinics were found to likely succeed on the merits of their claim, and coupled with the irreparable harm from these laws going into effect while the case was litigated, weighed in favor of ordering a preliminary injunction.

On November 18, 2016, the court amended the preliminary injunction to not apply to the D&E Ban’s allowance for private civil-enforcement provisions because an injunction may only be issued against a state officer to restrain them from enforcing an unconstitutional statute when that officer has some responsibility for enforcing that statute.

On November 28, 2016, the State appealed the preliminary injunction to the Eleventh Court of Appeals. That same day, the district court granted parties’ joint motion to consolidate the preliminary injunction hearing with the trial, and setting the case for final submission on the evidence by the end of January, 2017.

On October 26, 2017, the court declared that the School Proximity Law and the D&E Ban were both unconstitutional, facially and as applied to the Clinics, and granted permanent injunctions against their enforcement. The court found that these laws clearly imposed an impermissible undue burden on a woman’s ability to choose an abortion, and therefore violated their substantive due process right to terminate a pregnancy before the fetus was viable.

On October 30, 2017, the Appeals Court dismissed the State’s preliminary injunction appeal as moot.

On November 22, 2017, the State appealed the permanent injunction to the Eleventh Circuit.

On August 22, 2018, the Eleventh Circuit affirmed the permanent injunction against the D&E Ban. The Appeals Court found that the district court did not make a clear error when deciding the case and the D&E Ban did unduly burden women pursuing their due process right to an abortion.

On December 20, 2018, the State filed a writ of certiorari with the United States Supreme Court, which was denied on June 28, 2019.

On September 20, 2019, the Eleventh Circuit issued a judgment as a mandate broadly affirming the district court’s permanent injunction against both the School Proximity Law and the D&E Ban. That same day, the district court ordered the State to pay the Clinics $675,964 for all costs and attorneys’ fees.

This case closed on September 20, 2019.

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Summary Authors

Danica Fong (4/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4488858/parties/west-alabama-womens-center-v-miller/

Judge(s)

Attorney for Plaintiff

Beck, Andrew David (Alabama)

Attorney for Defendant

Adams, Jerusha Tatiana (Alabama)

Beckman, Kyle A (Alabama)

Bolger, Bethany Lynn (Alabama)

Brasher, Andrew Lynn (Alabama)

Judge(s)

Thompson, Myron Herbert (Alabama)

Attorney for Plaintiff

Beck, Andrew David (Alabama)

Hill, Jonathan Corley (Alabama)

Howard, Ty E. (Alabama)

Kolbi-Molinas, Alexa (Alabama)

Lee, Jennifer (Alabama)

Marshall, Randall Charles (Alabama)

Wognum, James Peter (Alabama)

Attorney for Defendant

Adams, Jerusha Tatiana (Alabama)

Beckman, Kyle A (Alabama)

Bolger, Bethany Lynn (Alabama)

Brasher, Andrew Lynn (Alabama)

Brookshire, Blake Edward (Alabama)

Butler, Julian D (Alabama)

Byrne, Alice Ann (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Escalona, Prim Formby (Alabama)

Fleming, Margaret L (Alabama)

Gerard, Carol Robin (Alabama)

Hale, Phillip Brian (Alabama)

Hetzel, Tara S. (Alabama)

Howell, Laura Elizabeth (Alabama)

Ivie, Patricia Elaine (Alabama)

Jr, William G (Alabama)

Jr, John C (Alabama)

Mangan, Mary (Alabama)

Messick, Misty Shawn (Alabama)

Morgan, Laury Baswell (Alabama)

Neiman, John Cowles (Alabama)

Osuch, Patricia Romano (Alabama)

Parker, William G. (Alabama)

Payne, Joshua K (Alabama)

Pruitt, E Scott (Alabama)

Seale, James Robert (Alabama)

Seby, Paul M (Alabama)

Sinclair, Winfield J (Alabama)

Strange, Luther (Alabama)

Talley, Brett J. (Alabama)

Turner, Wayne Paulk (Alabama)

Wells, Barbara Jean (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
18-837	Scott Harris, in His Official Capacity as State Health Officer, et al., Petitioners v. West Alabama Women's Center, et al. Harris v. West Alabama Women's Center U.S. Court of Appeals for the Eleventh Circuit	Jan. 3, 2019	Jan. 3, 2019 Docket
17-15208	17-15208, West Alabama Women's Center, et al v. Thomas Miller, et al U.S. Court of Appeals for the Eleventh Circuit	July 3, 2020	July 3, 2020 Docket
2 2:15-cv-00497	Complaint West Alabama Women's Center v. Williamson	July 10, 2015	July 10, 2015 Complaint
22 2:15-cv-00497	Opinion West Alabama Women's Center v. Williamson	Aug. 13, 2015	Aug. 13, 2015 Order/Opinion 120 F.Supp.3d 1296
26 2:15-cv-00497	Order West Alabama Women's Center v. Williamson	Aug. 17, 2015	Aug. 17, 2015 Order/Opinion
30 2:15-cv-00497	Opinion	Aug. 31, 2015	Aug. 31, 2015 Order/Opinion
31 2:15-cv-00497	Stipulated Order West Alabama Women's Center v. Williamson	Aug. 31, 2015	Aug. 31, 2015 Order/Opinion 2015 WL 5164054
45 2:15-cv-00497	Opinion and Order	June 13, 2016	June 13, 2016 Order/Opinion
49 2:15-cv-00497	Order Reopening Case	July 5, 2016	July 5, 2016 Order/Opinion 318 F.R.D. 143
50 2:15-cv-00497	First Supplemental Complaint	July 6, 2016	July 6, 2016 Complaint

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Resources

Title	Description		External URL Date / External URL
West Alabama Women's Center v. Miller ACLU	A federal appeals court struck down Alabama’s law prohibiting physicians from performing a medically proven method of abortion care that some women need.	May 18th, 2018	May 18, 2018 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4488858/west-alabama-womens-center-v-miller/

Last updated July 7, 2025, 10:23 p.m.

ECF Number	Description	Date	Link Date / Link
1	AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Conflict Disclosure Statements, Motion for TRO or PI and proposed orders, Memorandum in Support with exhbits served on Beth Bolger (for Donald Williamson, MD) on July 10, 2015, filed by William J. Parker, West Alabama Women's Center. (Marshall, Randall) (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
	Summons Returned Executed	July 10, 2015	July 10, 2015 PACER
2	COMPLAINT against Donald E. Williamson ( Filing fee $ 400.00 receipt number 4602037555.), filed by West Alabama Women's Center, William J. Parker. (Attachments: # 1 Exhibit A, # 2 Filing Fee Receipt)(dmn, ) (Entered: 07/10/2015) 1 Exhibit A View on PACER 2 Filing Fee Receipt View on PACER	July 10, 2015	July 10, 2015 Clearinghouse
3	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Proposed Temporary Restraining Order, # 2 Proposed Preliminary Injunction Order)(dmn, ) (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
4	BRIEF/MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit A to 1, # 3 Exhibit B to 1, # 4 Exhibit C to 1, # 5 Exhibit D to 1, # 6 Exhibit E to 1)(dmn,) (Attachment 6 Exhibit E to 1 replaced on 7/15/2015 to correct PDF document) (qc/djy, ). (Additional attachment(s) added on 7/15/2015: # 7 Exhibit 2, # 8 Exhibit A to 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit A to 4, # 12 Exhibit B to 4, # 13 Exhibit C to 4, # 14 Exhibit D to 4, # 15 Exhibit 5, # 16 Exhibit A to 5, # 17 Exhibit 6, # 18 Exhibit A to 6 to separate erroneously attached exhibits) (qc/djy, ). (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
5	Corporate/Conflict Disclosure Statement by West Alabama Women's Center. (dmn, ) (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
6	Corporate/Conflict Disclosure Statement by William J. Parker. (dmn, ) (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
7	Summons Issued as to Donald E. Williamson and returned to counsel for personal service. (dmn, ) (Entered: 07/10/2015)	July 10, 2015	July 10, 2015 PACER
	SUMMONS Returned Executed by West Alabama Women's Center, William J. Parker. Donald E. Williamson served on 7/10/2015, answer due 7/31/2015. (dmn, ) (NO PDF, see Doc. 1, wrong event code selected when originally filed.)	July 10, 2015	July 10, 2015 PACER
	Set/Reset Hearings	July 14, 2015	July 14, 2015 PACER
	Set Hearings: Telephone Conference re 3 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction set for 7/15/2015 02:30 PM in by telephone before Honorable Judge Myron H. Thompson. (ag, )	July 14, 2015	July 14, 2015 PACER
8	Motion for Alexa Kolbi-Molinas to Appear Pro Hac Vice by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 7/14/2015 to correct the docket text. (kh, ). (Entered: 07/14/2015)	July 14, 2015	July 14, 2015 PACER
	Add and Terminate Attorneys	July 14, 2015	July 14, 2015 PACER
9	Motion for Andrew D. Beck to Appear Pro Hac Vice by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 7/14/2015 to correct the docket text (kh, ). (Entered: 07/14/2015)	July 14, 2015	July 14, 2015 PACER
10	Motion for Jennifer K. Lee to Appear Pro Hac Vice by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 7/14/2015 to correct the docket text (kh, ). (Entered: 07/14/2015)	July 14, 2015	July 14, 2015 PACER
11	NOTICE of Appearance by Bethany Lynn Bolger on behalf of All Defendants (Bolger, Bethany) (Entered: 07/14/2015)	July 14, 2015	July 14, 2015 PACER
12	Corporate/Conflict Disclosure Statement by Donald E. Williamson. (Bolger, Bethany) (Entered: 07/14/2015)	July 14, 2015	July 14, 2015 PACER
	***Attorney Phillip Brian Hale,Carol Robin Gerard for Donald E. Williamson added pursuant to the 11 notice of appearance. (kh, )	July 14, 2015	July 14, 2015 PACER
13	Pro Hac Vice Filing fees received for Alexa Kolbi-Molinas, Andrew David Beck, and Jennifer Lee re Motions (Doc. Nos. 8, 9, and 10 ): $ 150.00, receipt number 4602037608 (dmn, ) (Entered: 07/15/2015)	July 14, 2015	July 14, 2015 PACER
14	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/15/2015 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
15	ORDER that the motions to appear pro hac vice (doc. nos. 8, 9, 10 ) are granted. Signed by Honorable Judge Myron H. Thompson on 7/15/2015. (dmn, ) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
16	ORDERED that the plaintiffs' 3 motion for temporary restraining order is set for submission, without oral argument, on July 27, 2015, with the defendant's response due by July 24, 2015, and the plaintiffs reply due by July 27, 2015. Signed by Honorable Judge Myron H. Thompson on 7/16/2015. (kh, ) (Entered: 07/16/2015)	July 16, 2015	July 16, 2015 PACER
17	RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Donald E. Williamson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Gerard, Carol) (Entered: 07/24/2015)	July 24, 2015	July 24, 2015 PACER
18	REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by William J. Parker, West Alabama Women's Center. (Kolbi-Molinas, Alexa) (Entered: 07/27/2015)	July 27, 2015	July 27, 2015 PACER
19	ANSWER to 2 Complaint by Donald E. Williamson.(Bolger, Bethany) (Entered: 07/31/2015)	July 31, 2015	July 31, 2015 PACER
20	TEMPORARY RESTRAINING ORDER: it is ORDERED as follows: (1) Plaintiffs West Alabama Women's Center and William J. Parker, M.D.'s 3 motion for a temporary restraining order is granted. (2) Defendant State Health Officer Donald E. Williams on, M.D., and all those acting in concert with him, are TEMPORARILY ENJOINED from: (a) enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Women's Center and William J. Parker, M.D.; and (b) failing to notify immediately all state officials responsible for enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) about the existence and requirements of this temporary restraining order. (3) This injunction shall expire on August 18, 2015, at 2:00 p.m. The court will issue its formal opinion explaining this decision within three days. Signed by Honorable Judge Myron H. Thompson on 8/4/2015. (kh, )	Aug. 4, 2015	Aug. 4, 2015 RECAP
21	NOTICE that the formal opinion in support of the 20 temporary restraining order will not issue until on or before 8/13/2015. Signed by Honorable Judge Myron H. Thompson on 8/7/2015. (wcl, ) (Entered: 08/07/2015)	Aug. 7, 2015	Aug. 7, 2015 PACER
22	OPINION. Signed by Honorable Judge Myron H. Thompson on 8/13/2015. (kh, ) (Main Document 22 replaced on 8/13/2015) (kh, ).	Aug. 13, 2015	Aug. 13, 2015 Clearinghouse
23	NOTICE of Correction re 22 Opinion to replace the erroneous main pdf document. (Attachments: # 1 Main Document for docket entry 22 OPINION)(kh, ) (Entered: 08/13/2015)	Aug. 13, 2015	Aug. 13, 2015 PACER
	Set/Reset Hearings	Aug. 14, 2015	Aug. 14, 2015 PACER
	Set/Reset Hearings: Telephone Conference re (1) whether the TRO should be extended;(2) scheduling a preliminary-injunction hearing; and (3) filing a Rule 26(f) report. set for 8/17/2015 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )	Aug. 14, 2015	Aug. 14, 2015 PACER
24	ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than August 28, 2015, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/14/2015. (kh, ) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015 PACER
25	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/14/2015 (PDF available for court use only). (Recording Time 2:46 - 2:51.) (ag, ) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015 PACER
26	ORDER: On 8/4/2015, this court entered an order temporarily enjoining enforcement of the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Womens Center and William J. Parker, M.D. By its terms, that order will expire on 8/18/2015, at 2:00 p.m. Pursuant to the agreement of the parties during an on-the-record conference call held 8/14/2015, it is ORDERED that the 20 TRO shall remain in effect until 9/1/2015, at 2:00 PM. It is further ORDERED that the 20 TRO is amended to reflect the additional requirement stated in this court's 22 TRO Opinion that the plaintiffs shall continue to engage in good-faith efforts to comply with the regulation as long as the order remains in effect. It is further ORDERED that an on-the-record Telephone Conference is set for 8/26/2015 at 2:00 PM before Honorable Judge Myron H. Thompson, to determine whether the 20 TRO should be extended beyond 9/1/2015, or, instead, whether the court should hold a hearing on the 3 Motion for Preliminary Injunction. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. Copies furnished to calendar group, AG. (dmn, ) (Entered: 08/17/2015)	Aug. 17, 2015	Aug. 17, 2015 Clearinghouse
27	(Proposed) Parties STIPULATED ORDER filed pursuant to the chambers directive. (kh, ) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015 PACER
28	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/26/2015 (PDF available for court use only). (Recording Time 2:04 - 2:15.) (ag, ) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015 PACER
29	STIPULATION Order by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit A)(Kolbi-Molinas, Alexa) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015 PACER
30	OPINION. Signed by Honorable Judge Myron H. Thompson on 8/31/2015. (kh, )	Aug. 31, 2015	Aug. 31, 2015 Clearinghouse
31	STIPULATED ORDER: it is ORDERED, ADJUDGED, and DECREED that all proceedings in this case are stayed, as further set out in order; It is further ORDERED that the plaintiffs' motion for preliminary injunction (doc. no. 3 ) is denied with leave to renew and to be reinstated as of the time of its original filing. It is further ORDERED that the clerk of the court is to close this case administratively. Signed by Honorable Judge Myron H. Thompson on 8/31/2015. (kh, )	Aug. 31, 2015	Aug. 31, 2015 Clearinghouse
32	MOTION to Lift Stay and MOTION to File Supplemental Complaint by William J. Parker, West Alabama Women's Center. (Attachments: # 1 Exhibit A - Proposed Supplemental Complaint, # 2 Text of Proposed Order)(Beck, Andrew). Added MOTION to Amend/Correct on 6/6/2016 (wcl, ). Modified on 6/6/2016 to clarify the docket text (wcl, ). (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
33	BRIEF/MEMORANDUM in Support re 32 MOTION to Lift Stay and File Supplemental Complaint filed by William J. Parker, West Alabama Women's Center. (Beck, Andrew) (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
34	(STRICKEN AS ERRONEOUS DOCKET ENTRY) Corporate/Conflict Disclosure Statement by West Alabama Women's Center. (Beck, Andrew) Modified on 6/2/2016 (kh, ). (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
35	(STRICKEN AS ERRONEOUS DOCKET ENTRY) Corporate/Conflict Disclosure Statement by Yashica Robinson White. (Beck, Andrew) Modified on 6/2/2016 (kh, ). (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
36	ORDER: Upon consideration of plaintiffs' 32 motion to lift the stay and to file a supplemental complaint, it is ORDERED that the defendant show cause, if any there be, in writing by June 10, 2016, as to why said motion should not be granted. Signed by Honorable Judge Myron H. Thompson on 6/2/2016. (kh, ) (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
37	NOTICE of ERROR re 35 Corporate/Conflict Disclosure Statement, 34 Corporate/Conflict Disclosure Statement IS hereby STRICKEN as erroneous docket entries as they are not parties to the case. (kh, ) (Entered: 06/02/2016)	June 2, 2016	June 2, 2016 PACER
38	MOTION Emergency Motion to Enforce Stipulated Order by Donald E. Williamson. (Bolger, Bethany) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016 PACER
	Set/Reset Hearings	June 9, 2016	June 9, 2016 PACER
39	RESPONSE in Opposition re 38 MOTION Emergency Motion to Enforce Stipulated Order filed by William J. Parker, West Alabama Women's Center. (Marshall, Randall) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016 PACER
	Set Hearings: Telephone Conference re 38 M/Emergency to Enforce Stipulated Order set for 6/9/2016 03:30 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )	June 9, 2016	June 9, 2016 PACER
40	ORDERED that dft Williamson's 38 emergency motion to enforce stipulated order is granted as follows: (1) Plfs are to file a motion to shorten the number of days dft Williamson has to respond to plfs' 32 motion to lift stay and file supplemental complaint by 6/10/2016, at 9:00 AM; and (2) Dft Williamson is to respond to plfs' motion to shorten response time by 6/10/2016, at 5:00 PM. Signed by Honorable Judge Myron H. Thompson on 6/9/2016. (wcl, ) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016 PACER
41	MOTION To Shorten Time re 32 MOTION to Lift Stay andMOTION to File Supplemental Complaint by William J. Parker, West Alabama Women's Center. (Marshall, Randall) (Entered: 06/10/2016)	June 10, 2016	June 10, 2016 PACER
42	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/10/2016 (PDF available for court use only). (Recording Time 3:32 - 3:53.) (ag, ) (Entered: 06/10/2016)	June 10, 2016	June 10, 2016 PACER
43	RESPONSE in Opposition re 41 MOTION To Shorten Time re 32 MOTION to Lift Stay andMOTION to File Supplemental Complaint filed by Donald E. Williamson. (Hale, Phillip) (Entered: 06/10/2016)	June 10, 2016	June 10, 2016 PACER
44	ORDERED that Dr. Thomas M. Miller shall replace Dr. Donald E. Williamson as the dft in this case. Signed by Honorable Judge Myron H. Thompson on 6/13/2016. (wcl, ) (Entered: 06/13/2016)	June 13, 2016	June 13, 2016 PACER
45	OPINION AND ORDER: it is ORDERED that plfs' 41 motion to shorten the timeframe for response so that plfs may obtain emergency relief is granted and dft State Health Officer is to respond to plfs' 32 motion to lift the stay and supplement the complaint by 6/15/2016, at 5:00 PM. Signed by Honorable Judge Myron H. Thompson on 6/13/2016. (wcl, )	June 13, 2016	June 13, 2016 Clearinghouse
46	RESPONSE to Motion re 32 MOTION to Lift Stay andMOTION to File Supplemental Complaint filed by Thomas M. Miller. (Attachments: # 1 Exhibit Exhibit 1)(Hale, Phillip) (Entered: 06/15/2016)	June 15, 2016	June 15, 2016 PACER
	Set/Reset Hearings	June 16, 2016	June 16, 2016 PACER
	Set Hearings: Telephone Conference re 46 Response to Motion re 32 M/Lift Stay etc. set for 6/17/2016 08:00 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )	June 16, 2016	June 16, 2016 PACER
47	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/17/2016 (PDF available for court use only). (Recording Time 8:03 - 8:29.) (ag, ) (Entered: 06/17/2016)	June 17, 2016	June 17, 2016 PACER
48	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/17/2016, before Judge Myron H. Thompson; Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 7/8/2016; Redacted Transcript Deadline set for 7/18/2016; Release of Transcript Restriction set for 9/15/2016. (wcl, ) (Entered: 06/17/2016)	June 17, 2016	June 17, 2016 PACER
49	OPINION AND ORDER: it is ORDERED as follows: (1) Plfs West Alabama Women's Center and William J. Parker's 32 motion to lift the stay and file a supplemental complaint is granted; (2) This case is reopened; (3) The stay previously entered (doc. no. 31 ) is dissolved; (4) The proposed first supplemental complaint (doc. no. 32 -1) may be filed. Signed by Honorable Judge Myron H. Thompson on 7/5/2016. (wcl, )	July 5, 2016	July 5, 2016 Clearinghouse
50	FIRST SUPPLEMENTAL COMPLAINT against Thomas M. Miller, Luther Strange, Lyn Head, Robert L. Broussard, H. Joseph Falgout, James E. West, filed by West Alabama Women's Center, William J. Parker, Alabama Women's Center, Yashica Robinson White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Beck, Andrew) Modified on 7/6/2016 to add the new dfts Luther Strange, Lyn Head, Robert L. Broussard, H. Joseph Falgout, and James E. West (wcl, ). Modified on 7/6/2016 to add as also filed on behalf of Alabama Women's Center and Yashica Robinson White (wcl, ). (Entered: 07/06/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	July 6, 2016	July 6, 2016 Clearinghouse
51	Corporate/Conflict Disclosure Statement by Alabama Women's Center. (Beck, Andrew) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
52	Corporate/Conflict Disclosure Statement by Yashica Robinson White. (Beck, Andrew) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
53	MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunctive Relief by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Attachments: # 1 Text of Proposed Order Proposed Temporary Restraining Order, # 2 Text of Proposed Order Proposed Order Granting Preliminary Injunctive Relief)(Beck, Andrew). Added MOTION for Preliminary Injunction on 7/6/2016 (wcl, ). (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
54	BRIEF/MEMORANDUM in Support re 53 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunctive Relief filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Attachments: # 1 Exhibit 1. Second Declaration of Gloria Gray, # 2 Exhibit 2. Second Declaration of Dalton Johnson, # 3 Exhibit 3. Second Declaration of Dr. Stanley K. Henshaw, # 4 Exhibit 4. Declaration of Dr. Yashica Robinson White, # 5 Exhibit 5. Declaration of Dr. Anne Davis, # 6 Exhibit 6. Second Declaration of Dr. Willie J. Parker, # 7 Exhibit 7. Second Declaration of June Ayers, # 8 Exhibit 8. Declaration of Staci Fox, # 9 Exhibit 9. Declaration of Dr. Lenore E.A. Walker, # 10 Exhibit 10. Declaration of Dr. Stephen W. Hargarten, # 11 Exhibit 11. Second Declaration of Dr. Sheila M. Katz)(Beck, Andrew) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
55	Summons Issued as to Robert L. Broussard, H. Joseph Falgout, Lyn Head, Luther Strange, James E. West and returned to counsel for personal service by process server. (wcl, ) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016 PACER
56	AFFIDAVIT of Service for Summons, Complaint, Motion for TRO and/or Preliminary Injunctive Relief served on Robert L. Broussard on 07/06/2016, filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Beck, Andrew) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	Summons Returned Executed	July 8, 2016	July 8, 2016 PACER
57	AFFIDAVIT of Service for Summons, Complaint, Motion for TRO and/or Preliminary Injunctive Relief served on H. Joseph Falgout on 07/06/2016, filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Beck, Andrew) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	Set/Reset Hearings	July 8, 2016	July 8, 2016 PACER
58	AFFIDAVIT of Service for Summons, Complaint, Motion for TRO and/or Preliminary Injunctive Relief served on Lyn Head on 07/06/2016, filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Beck, Andrew) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
59	AFFIDAVIT of Service for Summons, Complaint, Motion for TRO and/or Preliminary Injunctive Relief served on Luther Strange on 07/06/2016, filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Beck, Andrew) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
60	AFFIDAVIT of Service for Summons, Complaint, Motion for TRO and/or Preliminary Injunctive Relief served on James E. West on 07/06/2016, filed by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center. (Beck, Andrew) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	SUMMONS Returned Executed by William J. Parker, Yashica Robinson White, West Alabama Women's Center, Alabama Women's Center; Robert L. Broussard served on 7/6/2016, answer due 7/27/2016; H. Joseph Falgout served on 7/6/2016, answer due 7/27/2016; Lyn Head served on 7/6/2016, answer due 7/27/2016; Luther Strange served on 7/6/2016, answer due 7/27/2016; James E. West served on 7/6/2016, answer due 7/27/2016. (No pdf attached to this entry - See docs 56, 57, 58, 59, & 60 for pdfs) (wcl, )	July 8, 2016	July 8, 2016 PACER
	Set Hearings: Telephone Conference re 53 M/Temporary Restraining Order etc. set for 7/11/2016 11:15 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )	July 8, 2016	July 8, 2016 PACER
61	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/11/2016 (PDF available for court use only). (Recording Time 11:25 - 11:40.) (ag, ) (Entered: 07/11/2016)	July 11, 2016	July 11, 2016 PACER
	Set/Reset Hearings	July 11, 2016	July 11, 2016 PACER
	Set Hearings: Telephone Conference set for 7/12/2016 11:15 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )	July 11, 2016	July 11, 2016 PACER
62	NOTICE of Appearance by James Robert Seale on behalf of H. Joseph Falgout (Seale, James) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
63	Corporate/Conflict Disclosure Statement by H. Joseph Falgout. (Seale, James) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
64	ORDERED that: (1) The plfs' 53 motion for a temporary restraining order and/or preliminary injunction is denied without prejudice, only as to the plfs' challenge to Ala. Admin. Code § 420-5-1-.03(6)(b), as amended; and (2) Dft State Health Officer is permitted until 9/12/2016, to respond to the plfs' 50 first supplemental complaint. Signed by Honorable Judge Myron H. Thompson on 7/12/2016. (wcl, ) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
65	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/12/2016 (PDF available for court use only). (Recording Time 11:20 - 11:43.) (ag, ) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
66	NOTICE of Appearance by Wayne Paulk Turner on behalf of James E. West (Turner, Wayne) (Entered: 07/13/2016)	July 13, 2016	July 13, 2016 PACER
67	CONSENT TEMPORARY RESTRAINING ORDER AND SCHEDULING ORDER: it is ORDERED, by agreement of the parties, that the plfs' 53 motion for a temporary restraining order is granted to the extent that the dfts are enjoined from enforcing Alabama Act No. 2016-388 and Alabama Act No. 2016-397; This order shall remain effective until three weeks after the end of the hearing set forth below; ORDER Setting Hearing on Motion re 53 MOTION for Preliminary Injunction: Evidentiary Hearing and Oral Argument set for 10/4/2016, at 09:00 AM, in Courtroom 2FMJ, before Honorable Judge Myron H. Thompson; The dfts are to file a response to the motion, including an outline of the evidence they plan to present at the evidentiary hearing, by 8/30/2016; The plfs may file a reply by 9/20/2016. Either in their reply or as a separate document, the plfs should also, by 9/20/2016, file with the court an outline of the evidence they plan to present at the evidentiary hearing, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/13/2016. (furn: calendar, ag) (wcl, ) (Entered: 07/13/2016)	July 13, 2016	July 13, 2016 RECAP
68	Corporate/Conflict Disclosure Statement by James E. West. (Turner, Wayne) (Entered: 07/13/2016)	July 13, 2016	July 13, 2016 PACER
69	NOTICE of Appearance by James William Davis on behalf of Robert L. Broussard, Lyn Head, Thomas M. Miller, Luther Strange (Davis, James) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
70	Corporate/Conflict Disclosure Statement by Robert L. Broussard. (Davis, James) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
71	NOTICE of Appearance by Andrew L Brasher on behalf of Robert L. Broussard, Lyn Head, Thomas M. Miller, Luther Strange (Brasher, Andrew) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
72	Corporate/Conflict Disclosure Statement by Lyn Head. (Davis, James) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
73	Corporate/Conflict Disclosure Statement by Luther Strange. (Davis, James) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
	Set/Reset Hearings	July 19, 2016	July 19, 2016 PACER
	Set Hearings: Telephone Conference re (1) whether the October 4 preliminary-injunction hearing will essentially be tantamount to a final hearing on the merits; and (2) whether the court should have a pretrial conference set for 7/20/2016 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )	July 19, 2016	July 19, 2016 PACER
74	Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/20/2016 (PDF available for court use only). (Recording Time 2:52 - 3:08.) (ag, ) (Entered: 07/20/2016)	July 20, 2016	July 20, 2016 PACER
75	ORDER SETTING PRETRIAL HEARING: Final Pretrial Conference set for 9/22/2016, at 02:00 PM (EST) by video conferencing, before Honorable Judge Myron H. Thompson, as further set out in order; Proposed Pretrial Order due by 9/19/2016. Signed by Honorable Judge Myron H. Thompson on 7/22/2016. (furn: calendar, ag, video conference)(wcl, ) (Entered: 07/22/2016)	July 22, 2016	July 22, 2016 PACER
76	ANSWER to 50 Amended Complaint,, (First Supplemental Complaint) by Robert L. Broussard, Lyn Head, Luther Strange.(Davis, James) (Entered: 07/27/2016)	July 27, 2016	July 27, 2016 PACER
	Add and Terminate Attorneys	July 27, 2016	July 27, 2016 PACER
	***Attorney William G. Parker, Jr. and Brett Joseph Talley for Robert L. Broussard, Lyn Head, and Luther Strange added pursuant to the 76 Answer. (No pdf attached to this entry) (wcl, )	July 27, 2016	July 27, 2016 PACER
77	Joint MOTION to Dismiss Defendant Dr. Falgout without Prejudice by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center, H. Joseph Falgout. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) Modified on 8/4/2016 to add as also filed on behalf of H. Joseph Falgout (wcl, ). (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 PACER
78	Joint MOTION to Dismiss Defendant Dr. West without Prejudice by Alabama Women's Center, William J. Parker, Yashica Robinson White, West Alabama Women's Center, James E. West. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) Modified on 8/4/2016 to add as also filed on behalf of James E. West (wcl, ). (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 PACER

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