Case: Preterm-Cleveland v. Himes

1:18-cv-00109 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Ohio House Bill 214 (“the Act”) was signed into law on December 22, 2017. The Act criminalized performing abortions if the provider knew that one reason for the decision to terminate the pregnancy was a fetal indication of Down syndrome. Three nonprofits, including Planned Parenthood; the owner and operator of a women’s medical center; and a licensed physician (“the plaintiffs”) brought this case in the U.S. District Court for the Southern District of Ohio on February 15, 2018, alleging that th…

Ohio House Bill 214 (“the Act”) was signed into law on December 22, 2017. The Act criminalized performing abortions if the provider knew that one reason for the decision to terminate the pregnancy was a fetal indication of Down syndrome. Three nonprofits, including Planned Parenthood; the owner and operator of a women’s medical center; and a licensed physician (“the plaintiffs”) brought this case in the U.S. District Court for the Southern District of Ohio on February 15, 2018, alleging that the Act violated the right to privacy and autonomy protected by the Fourteenth Amendment to the U.S. Constitution. The plaintiffs, represented by the ACLU, Planned Parenthood, and private counsel, sued the Director of the Ohio Department of Health, four county prosecutors, and officers of the state medical board. They sought injunctive and declaratory relief.

After receiving filings from both parties, District Court Judge Timothy S. Black granted the plaintiffs’ motion for preliminary injunction on March 14, 2018, based on U.S. Supreme Court precedent in Roe v. Wade, 410 U.S. 113 (1973). In response, the defendants filed an appeal in the U.S. Court of Appeals for the Sixth Circuit and the district court stayed litigation. On October 11, 2019, the Sixth Circuit panel affirmed the district court’s decision. 940 F.3d 318 (6th Cir. 2019).

However, the full court granted en banc rehearing and vacated the panel opinion. 944 F.3d 630 (6th Cir. 2019) (en banc). In its April 13, 2021, order, the Sixth Circuit court held that the plaintiffs failed to meet the requirement of showing a likelihood of success as required for a preliminary injunction because the plaintiffs did not show that the state’s interest in protecting people with Down syndrome did not apply prior to viability. As such, the court reversed the district court order granting the plaintiffs’ preliminary injunction.

Over the following two months, the defendants and plaintiffs each filed a motion for judgment on the pleadings in district court on May 27, 2021, and June 17, 2021, respectively. As of June 18, 2022, this case appears to be ongoing.

Summary Authors

Richa Bijlani (6/18/2022)

Related Cases

Preterm-Cleveland v. Attorney General of Ohio, Southern District of Ohio (2019)

Documents in the Clearinghouse

Document
1

1:18-cv-00109

Verified Complaint for Declaratory and Injunctive Relief

Feb. 15, 2018

Feb. 15, 2018

Complaint
28

1:18-cv-00109

Order Granting Plaintiffs’ Motion for Preliminary Injunction

294 F.Supp.3d 746

March 14, 2018

March 14, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6305764/preterm-cleveland-v-himes/

Last updated June 18, 2022, 11:20 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

Feb. 15, 2018

Feb. 15, 2018

Clearinghouse
2

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
3

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
4

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
5

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
6

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
7

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
8

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

Feb. 15, 2018

Feb. 15, 2018

PACER
9

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

Feb. 15, 2018

Feb. 15, 2018

PACER
10

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

Feb. 15, 2018

Feb. 15, 2018

PACER
11

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

Feb. 15, 2018

Feb. 15, 2018

PACER

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

Feb. 16, 2018

Feb. 16, 2018

PACER

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)

Feb. 16, 2018

Feb. 16, 2018

PACER
12

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

Feb. 16, 2018

Feb. 16, 2018

PACER

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)

Feb. 16, 2018

Feb. 16, 2018

PACER

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)

Feb. 16, 2018

Feb. 16, 2018

PACER
13

[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)

Feb. 16, 2018

Feb. 16, 2018

PACER
14

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

Feb. 20, 2018

Feb. 20, 2018

PACER
15

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

Feb. 20, 2018

Feb. 20, 2018

PACER
16

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

Feb. 20, 2018

Feb. 20, 2018

PACER
17

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

Feb. 20, 2018

Feb. 20, 2018

PACER
18

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

Feb. 21, 2018

Feb. 21, 2018

PACER
19

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)

Feb. 23, 2018

Feb. 23, 2018

PACER
20

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)

Feb. 27, 2018

Feb. 27, 2018

PACER
21

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)

Feb. 28, 2018

Feb. 28, 2018

PACER
22

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)

March 1, 2018

March 1, 2018

PACER
23

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)

March 1, 2018

March 1, 2018

PACER
24

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)

March 1, 2018

March 1, 2018

PACER
25

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)

March 2, 2018

March 2, 2018

PACER
26

*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)

March 9, 2018

March 9, 2018

PACER

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)

March 12, 2018

March 12, 2018

PACER
27

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

View on RECAP

2 Affidavit of Emily Chestnut

View on RECAP

3 Affidavit of Leesha Thrower

View on RECAP

March 12, 2018

March 12, 2018

RECAP
28

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

March 14, 2018

March 14, 2018

Clearinghouse
29

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

April 11, 2018

April 11, 2018

PACER
30

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)

April 11, 2018

April 11, 2018

RECAP

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

April 12, 2018

April 12, 2018

PACER
31

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)

April 13, 2018

April 13, 2018

PACER
32

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)

April 30, 2018

April 30, 2018

RECAP
33

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)

May 7, 2018

May 7, 2018

PACER

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)

May 16, 2018

May 16, 2018

PACER
35

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)

May 24, 2019

May 24, 2019

PACER
36

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

June 11, 2019

June 11, 2019

PACER
37

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)

Oct. 11, 2019

Oct. 11, 2019

PACER
38

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)

Dec. 18, 2019

Dec. 18, 2019

PACER
39

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)

Oct. 28, 2020

Oct. 28, 2020

PACER
40

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)

Jan. 12, 2021

Jan. 12, 2021

PACER
41

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)

Jan. 29, 2021

Jan. 29, 2021

PACER
42

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)

Jan. 29, 2021

Jan. 29, 2021

PACER
43

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)

Feb. 1, 2021

Feb. 1, 2021

PACER
44

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)

April 13, 2021

April 13, 2021

RECAP
45

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

May 6, 2021

May 6, 2021

PACER
46

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)

May 27, 2021

May 27, 2021

PACER
47

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

View on PACER

June 17, 2021

June 17, 2021

PACER
48

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

View on PACER

June 17, 2021

June 17, 2021

PACER
49

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

View on PACER

June 17, 2021

June 17, 2021

PACER

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)

June 22, 2021

June 22, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 22, 2021

June 22, 2021

PACER
50

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)

July 2, 2021

July 2, 2021

PACER
51

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)

July 16, 2021

July 16, 2021

PACER
52

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

Aug. 10, 2021

Aug. 10, 2021

PACER
53

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)

Aug. 17, 2021

Aug. 17, 2021

PACER
54

Notice of Appearance

May 6, 2022

May 6, 2022

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Feb. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three nonprofits, including Planned Parenthood, the owner and operator of a women’s medical center, and a licensed physician

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director, State

Prosecutor (Hamilton), County

Prosecutor (Cuyahoga), County

Prosecutor (Franklin), County

Secretary, State

Supervising Member, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Physician-only abortion laws

Undue Burden

General:

Abortion

Mental Disability:

Down syndrome