Case: Preterm-Cleveland v. Himes

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

ACLU

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6318523), filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, Roslyn Kade, Preterm-Cleveland, Planned Parenthood of Greater Ohio. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 02/15/2018)

1 Civil Cover Sheet

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ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Susan J. Dlott on 2/15/18. (sct) (Entered: 02/15/2018)

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Affidavit of Justin Lappen, # 2 Affidavit of Iris Harvey, # 3 Affidavit of Chrisse France, # 4 Affidavit of Roslyn Kade, M.D., # 5 Text of Proposed Order Proposed TRO) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 2/15/2018 (sct). (Entered: 02/15/2018)

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation (Gerhardstein, Alphonse) (Entered: 02/15/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318656) of Carrie Flaxman by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing of Carrie Flaxman) (Branch, Jennifer) (Entered: 02/15/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318668) of Alexa Kolbi Molinas by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing Alexa Kolbi Molinas) (Branch, Jennifer) (Entered: 02/15/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318672) of Melissa Cohen by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing of Melissa Cohen) (Branch, Jennifer) (Entered: 02/15/2018)

NOTICE of Appearance by Freda J Levenson for Plaintiff Preterm-Cleveland (Levenson, Freda) (Entered: 02/15/2018)

NOTICE of Appearance by Beatrice Jessie Hill for Plaintiff Preterm-Cleveland (Hill, Beatrice) (Entered: 02/15/2018)

NOTICE of Appearance by Steven T Voigt for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Voigt, Steven) (Entered: 02/15/2018)

NOTICE of Appearance by Tiffany L. Carwile for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Carwile, Tiffany) (Entered: 02/15/2018)

NOTICE of Appearance by Melinda Snyder Osgood for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Osgood, Melinda) (Entered: 02/16/2018)

[FORMER DOC. 13 - PLEASE DISREGARD; DOCKETED IN ERROR.] ORDER REASSIGNING CASE. Signed by Judge Timothy S. Black on 2/16/18. (jlm) Modified on 2/16/2018 (jlm). Modified docket text and document security on 2/20/2018 (eh). (Entered: 02/16/2018)

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw)

Docket Annotation

Order

Set Motion and R&R Deadlines/Hearings

Status Conference

Notation Order: Pursuant to Local Rule 65.1, this case is set for an informal preliminary conference regarding Plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. 3 ) on 2/16/18 at 10:00 a.m. Pursuant to Local Rule 65.1, Plaintiffs' counsel shall immediately notify counsel for the Defendants, if known, or if not known, the Defendants, of the conference. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/16/18. (jlm)

Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 65.1, this case came before the Court on 2/16/18 for an informal conference regarding Plaintiffs' motion for temporary restraining order and/or preliminary injunction (Doc. 3 ). Jennifer Branch, Jessie Hill, and Freda Levenson appeared on behalf of Plaintiffs; Steven Voigt, Melinda Snyder Osgood, Jim Harper, Pamela Sears, Michael Florez, James Barbiere, Mary Montgomery, Charles Cannon, and Art Marziale appeared on behalf of Defendants. The Court sets the following briefing schedule for resolution of Plaintiff's motion for preliminary injunction/TRO: Defendants' memorandum in opposition is due 3/2/18; Plaintiffs' Reply is due 3/9/18. The Court has reserved 3/12/18 at 1:00 p.m. for oral argument should the Court find oral argument appropriate. During the conference, counsel for the Cuyahoga, Montgomery, Franklin, and Hamilton County Prosecutors stated that their clients did not have an interest in the initial question of whether the legislation at issue in this case is constitutional, as their only potential involvement is as enforcers of the legislation should it become effective. Accordingly, the Cuyahoga, Montgomery, Franklin, and Hamilton County Prosecutors will rely on the briefs filed by the State Defendants. Counsel for Plaintiffs agreed to not seek attorney fees against the Cuygahoga, Montgomery, Franklin and Hamilton County Prosecutors relating to resolution of the issue of the constitutionality of the statute. IT IS SO ORDERED. (jlm)

Set/Reset Deadlines as to 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction. Responses due by 3/2/2018 Replies due by 3/9/2018. (jlm)

NOTICE of Appearance by Mary E Montgomery for Defendant Mat Jr. Heck (Montgomery, Mary) (Entered: 02/20/2018)

NOTICE of Appearance by Pamela J Sears for Defendant Joseph T. Deters (Sears, Pamela) (Entered: 02/20/2018)

NOTICE of Appearance by Michael Gerard Florez for Defendant Joseph T. Deters (Florez, Michael) (Entered: 02/20/2018)

NOTICE of Appearance by James J. Barbiere for Defendant Joseph T. Deters (Barbiere, James) (Entered: 02/20/2018)

NOTICE of Appearance by Arthur James Marziale, Jr for Defendant Ron O'Brien (Marziale, Arthur) (Entered: 02/21/2018)

NOTICE by Defendants Joseph T. Deters, Mat Jr. Heck, Ron O'Brien, Michael C. O'Malley To Court Regarding Defense Provided By The County Prosecutors' Offices (Sears, Pamela) (Entered: 02/23/2018)

RESPONSE re 19 Defendant County Prosecutors' Notice by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation re 19 Notice (Other) in Response to (Branch, Jennifer) Modified on 2/28/2018 (jlw). (Entered: 02/27/2018)

WAIVER OF SERVICE Returned Executed. Waiver sent to Lance Himes on 2/15/2018, answer due 4/16/2018; Kim G. Rothermel on 2/15/2018, answer due 4/16/2018; Bruce R. Saferin on 2/15/2018, answer due 4/16/2018. (Branch, Jennifer) (Entered: 02/28/2018)

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Melissa Cohen. Signed by Judge Timothy S. Black on 3/1/18. (jlm) (Entered: 03/01/2018)

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Alexa Kolbi Molinas. Signed by Judge Timothy S. Black on 3/1/18. (jlm) (Entered: 03/01/2018)

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice of Carrie Flaxman. Signed by Judge Timothy S. Black on 3/1/18. (jlm) (Entered: 03/01/2018)

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Attachments: # 1 Exhibit Exhibits A - L, # 2 Exhibit Exhibits M - Z, # 3 Exhibit Exhibits AA - II) (Voigt, Steven) (Entered: 03/02/2018)

*DISREGARD THIS ENTRY IT WAS FILED IN ERROR* Reply re 25 Response in Opposition to Motion, by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit 1. Lappen CWRU CV 1.28.18, # 2 Affidavit of Emily Chestnut, # 3 Affidavit of Leesha Thrower) (Branch, Jennifer) Modified to restrict entry to court users only on 3/12/2018 (jlw). (Entered: 03/09/2018)

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit 1. Lappen CV, # 2 Affidavit of Emily Chestnut, # 3 Affidavit of Leesha Thrower) (Branch, Jennifer) (Entered: 03/12/2018)

1 Exhibit 1. Lappen CV

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2 Affidavit of Emily Chestnut

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3 Affidavit of Leesha Thrower

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Notice of Correction re: 26 Reply (non motion), This document was filed incorrectly. Counsel was notified and will file using Civil Events Motions and Related Filings Responses and RepliesReply to Response to Motion and link the reply back to the proper motion. Clerk restricted 26 to court users only. (jlw)

Notice of Corrective Docket Entry

ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Timothy S. Black on 3/14/18. (jlm) (Entered: 03/14/2018)

ANSWER to 1 Complaint, and Affirmative Defenses filed by Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Voigt, Steven) (Entered: 04/11/2018)

NOTICE OF INTERLOCUTORY APPEAL re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction Filing fee $ 505. by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Voigt, Steven) (Entered: 04/11/2018)

USCA appeal fees received re 30 Notice of Interlocutory Appeal: $ 505. Receipt number: 200COL051807. (ew)

USCA Appeal Fees

USCA Case Number 18-3329 for 30 Notice of Interlocutory Appeal filed by Kim G. Rothermel, Bruce R. Saferin, Lance Himes. (pb) (Entered: 04/13/2018)

MOTION for Attorney Fees by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Affidavit of Elizabeth Bonham with CV Attached, # 2 Affidavit of Jennifer Branch with CV Attached, # 3 Affidavit of Anne Clark, # 4 Affidavit of Melissa Cohen with CV Attached, # 5 Affidavit of Carrie Flaxman with CV Attached, # 6 Affidavit of Jessie Hill with CV Attached, # 7 Affidavit of Freda Levenson with CV Attached, # 8 Affidavit of Alexa Kolbi-Molinas with CV Attached, # 9 Affidavit of Kimberly Parker) (Branch, Jennifer) (Entered: 04/30/2018)

Unopposed MOTION to Stay re 30 Notice of Interlocutory Appeal, 32 MOTION for Attorney Fees and all discovery and other proceedings by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Attachments: # 1 Text of Proposed Order) (Voigt, Steven) (Entered: 05/07/2018)

Notation Order: For good cause shown, the Court GRANTS the State Defendants' unopposed motion to stay district court proceedings until after the Sixth Circuit's decision on the State Defendants' appeal of the Preliminary Injunction (Doc. 33 ). Accordingly, this action--including briefing pertaining to Plaintiffs' motion for attorney fees (Doc. 32 )--is STAYED pending further Order of this Court. The Court will set a status conference after the Sixth Circuit issues a decision on the State Defendants' appeal. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/14/18. (jlm)

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:19cv360 are related, the subject case nevertheless will remain with the Judge to who it was assigned. Signed by Judge Michael R. Barrett and Judge Timothy S. Black on 5/17/19. (ba) (Entered: 05/24/2019)

NOTICE of Appearance by Ward Coker Barrentine for Defendant Mat Jr. Heck (Barrentine, Ward) (Entered: 06/11/2019)

USCA OPINION AND JUDGMENT as to 30 Notice of Interlocutory Appeal: The Sixth Circuit AFFIRMS the District Court's granting of the preliminary injunction. Note: Mandate to issue. (er) (Entered: 10/16/2019)

ORDER of USCA as to 30 Notice of Interlocutory Appeal: The Sixth Circuit ORDERS, that the previous decision and judgment of this court arevacated, the mandate is stayed and this case is restored to the docket as a pending appeal. Note: No Mandate details noted. (er) (Entered: 12/18/2019)

NOTICE of Substitution of Counsel - Bridget C Coontz substituting for Tiffany L. Carwile as to Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Coontz, Bridget) (Entered: 10/28/2020)

ORDER of USCA as to 30 Notice of Interlocutory Appeal: Upon consideration of the motion of Mr. Thomas E. Chandler for Amicus Curiae USA for Alexander Maugeri to withdraw as counsel for Amicus Curiae USA, It is ORDERED that the motion is GRANTED. Note: No Mandate details noted. (er) (Entered: 01/13/2021)

NOTICE by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation of Withdrawal from Case of Jennifer L. Branch as Trial Attorney for Plaintiffs and Notice of Substitution of Trial Attorney for Plaintiffs by B. Jessie Hill (Branch, Jennifer) (Entered: 01/29/2021)

NOTICE by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation of Withdrawal from Case of Alphonse A. Gerhardstein as Co-Counsel for Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Center Dayton, And Dr. Roz Kade (Gerhardstein, Alphonse) (Entered: 01/29/2021)

ORDER of USCA as to 30 Notice of Interlocutory Appeal: The motion of Jennifer L. Branch for leave to withdraw as counsel for Roslyn Kade, Planned Parenthood of Southwest Ohio Region and Women's Medical Professional Corporation, is GRANTED. Note: No Mandate details noted. (er) (Entered: 02/03/2021)

ORDER and JUDGMENT of USCA as to 30 Notice of Interlocutory Appeal: The sixth Circuit REVERSES the order of the District Court granting the preliminary injunction that was requested by the plaintiffs. Note: Mandate to issue. (er) (Entered: 04/14/2021)

MANDATE of USCA as to 30 Notice of Interlocutory Appeal: No costs taxed. (er) (Entered: 05/06/2021)

MOTION for Judgment on the Pleadings and Memorandum in Support of Motion by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Coontz, Bridget) (Entered: 05/27/2021)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8367342) of Rebecca Chan by Plaintiff Preterm-Cleveland. (Attachments: # 1 Certificate of Good Standing) (Hill, Beatrice) (Entered: 06/17/2021)

1 Certificate of Good Standing

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RESPONSE in Opposition re 46 MOTION for Judgment on the Pleadings and Memorandum in Support of Motion filed by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Text of Proposed Order) (Hill, Beatrice) (Entered: 06/17/2021)

1 Text of Proposed Order

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Cross MOTION for Judgment on the Pleadings ( Responses due by 7/8/2021), MOTION to Stay by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Text of Proposed Order) (Hill, Beatrice) (Entered: 06/17/2021)

1 Text of Proposed Order

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NOTATION ORDER granting 47 Motion for Leave to Appear Pro Hac Vice of Rebecca A. Chan as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 6/22/2021. (eh)

Order on Motion for Leave to Appear Pro Hac Vice

REPLY to Response to Motion re 46 MOTION for Judgment on the Pleadings and Memorandum in Support of Motion And Cross-Motion for Judgment on the Pleadings filed by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Coontz, Bridget) (Entered: 07/02/2021)

REPLY to Response to Motion re 49 Cross MOTION for Judgment on the Pleadings MOTION to Stay filed by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Hill, Beatrice) (Entered: 07/16/2021)

NOTICE by Defendant Lance Himes of Supplemental Authority (Coontz, Bridget) (Entered: 08/10/2021)

NOTICE by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation Plaintiffs' Response to Defendants' 52 Notice of Supplemental Authority (Hill, Beatrice) Modified on 8/18/2021 (kh). (Entered: 08/17/2021)

NOTICE of Appearance by Amanda Louise Narog for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Narog, Amanda) (Entered: 05/05/2022)

NOTICE by Plaintiffs Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio of Withdrawal (Flaxman, Carrie) (Entered: 07/13/2023)

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Notice of Substitution of Counsel

Notice of Substitution of Counsel

Stipulation of Dismissal

Terminate Civil Case