Case: Fulwider v. Senior

4:16-cv-00765 | U.S. District Court for the Northern District of Florida

Filed Date: Dec. 12, 2016

Closed Date: Dec. 3, 2018

Clearinghouse coding complete

Case Summary

A Florida state law enacted on March 25, 2016, required friends, neighbors, family members, clergy, charitable groups, and others who counseled or gave advice to a woman considering an abortion to make a “full and detailed explanation of abortion, including the effects of and alternatives to abortion,” and, in the case of a minor, advise the parents or guardian. The law also required those same categories of people be licensed and pay a fee before helping or advising a person about obtaining an…

A Florida state law enacted on March 25, 2016, required friends, neighbors, family members, clergy, charitable groups, and others who counseled or gave advice to a woman considering an abortion to make a “full and detailed explanation of abortion, including the effects of and alternatives to abortion,” and, in the case of a minor, advise the parents or guardian. The law also required those same categories of people be licensed and pay a fee before helping or advising a person about obtaining an abortion. On December 12, 2016, four non-profit organizations, including one religious organization, and six religious leaders, all either rabbis or ministers, (collectively “the plaintiffs”) brought this lawsuit in the U.S. District Court for the Northern District of Florida alleging that the Florida law violated of the First Amendment to the U.S. Constitution and additionally violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution.

Represented by the ACLU and private counsel, the plaintiffs specifically alleged that Florida Agency for Health Care Administration’s and the state attorney general’s (“the defendants”) enforcement of the law compelled speech, imposed a prior restraint on speech, and discriminatorily taxed individuals who counsel women on their options regarding pregnancy, among other allegations. As such, the plaintiffs sought declaratory relief and temporary and permanent injunctive relief from the court. While the court held a hearing on the plaintiffs’ motion for a preliminary injunction on January 27, 2017, Judge Robert L. Hinkle granted the motion eight months later on September 29, 2017, based on First Amendment grounds.

After nine months of litigation, the plaintiffs filed a motion to convert the preliminary injunction to a permanent injunction on June 22, 2018. On July 5, 2018, Judge Hinkle granted the plaintiffs’ motion and declared the compelled-speech, the parental-notification, and the registration-and-fee provisions of the Florida state law unconstitutional, thereby enjoining the defendants from enforcing those provisions. Additionally, Judge Hinkle awarded the plaintiffs attorneys’ fees and expenses. The defendants later paid the plaintiffs an amount agreed upon by the parties but undisclosed to the court, and the case closed on December 3, 2018.

Summary Authors

Richa Bijlani (6/20/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6161997/parties/fulwider-v-senior/


Documents in the Clearinghouse

Documents in this case
1

4:16-cv-00765

Complaint for Injunctive and Declaratory Relief

Dec. 12, 2016

Dec. 12, 2016

Complaint
43

4:16-cv-00765

Preliminary Injunction

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6161997/fulwider-v-senior/

Last updated July 6, 2026, 4:48 a.m.

Docket for: FULWIDER v. SENIOR
ECF Number Date Description Link
1 Dec. 12, 2016

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against PAMELA BONDI, JUSTIN SENIOR ( Filing fee $ 400 receipt number AFLNDC-3751848.), filed by RABBI ALAN E LITWAK, EMERGENCY MEDICAL ASSISTANCE, INC., RABBI GARY GLICKSTEIN, REVEREND HARRIS RIORDAN, WOMEN'S EMERGENCY NETWORK, INC., RABBI DAVID SPEY, REVEREND BRYAN G FULWIDER, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN, INC., REVEREND KATHY SCHMITZ, MIAMI WORKERS CENTER, INC.. (Attachments: # 1 Exhibit Exhibit A to Complaint, # 2 Summons Justin Senior, # 3 Summons Pamela Bondi, # 4 Notification of Challenge to Constitutionality of State Statute) (GREEN, JAMES) (Entered: 12/12/2016)

1 Exhibit Exhibit A to Complaint

View on PACER

2 Summons Justin Senior

View on PACER

3 Summons Pamela Bondi

View on PACER

4 Notification of Challenge to Constitutionality of State Statute

View on PACER

Clearinghouse
2 Dec. 12, 2016

CIVIL COVER SHEET. (GREEN, JAMES) (Entered: 12/12/2016)

RECAP
3 Dec. 12, 2016

NOTICE PLAINTIFFS' RULE 5.6 NOTICE OF A PRIOR OR SIMILAR CASE by EMERGENCY MEDICAL ASSISTANCE, INC., REVEREND BRYAN G FULWIDER, RABBI GARY GLICKSTEIN, RABBI ALAN E LITWAK, MIAMI WORKERS CENTER, INC., PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN, INC., REVEREND HARRIS RIORDAN, REVEREND KATHY SCHMITZ, RABBI DAVID SPEY, WOMEN'S EMERGENCY NETWORK, INC. re 1 Complaint,, (GREEN, JAMES) (Entered: 12/12/2016)

RECAP
4 Dec. 13, 2016

Summons Issued as to PAMELA BONDI, JUSTIN SENIOR. (Attachments: # 1 Exhibit) (tdl) (Entered: 12/13/2016)

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5 Dec. 13, 2016

MOTION to Appear Pro Hac Vice by Mary Eaton.( Filing fee $ 201 receipt number AFLNDC-3753138.) by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Certificate of Good Standing) (EATON, MARY) (Entered: 12/13/2016)

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6 Dec. 13, 2016

MOTION to Appear Pro Hac Vice by Wesley R. Powell.( Filing fee $ 201 receipt number AFLNDC-3753166.) by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Certificate of Good Standing) (POWELL, WESLEY) (Entered: 12/13/2016)

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7 Dec. 13, 2016

MOTION for Temporary Restraining Order Plaintiffs' Motion For Temporary Restraining Order And/Or Preliminary Injunction by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction) (GREEN, JAMES) (Entered: 12/13/2016)

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8 Dec. 14, 2016

First MOTION to Appear Pro Hac Vice by Andrew Beck.( Filing fee $ 201 receipt number AFLNDC-3754247.) by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Supplement Certificate of Good Standing) (BECK, ANDREW) (Entered: 12/14/2016)

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9 Dec. 14, 2016

MOTION to Appear Pro Hac Vice by Andrew Hanrahan.( Filing fee $ 201 receipt number AFLNDC-3754390.) by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Certificate of Good Standing) (HANRAHAN, ANDREW) (Entered: 12/14/2016)

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10 Dec. 15, 2016

NOTICE of Appearance by STUART FRASER WILLIAMS on behalf of JUSTIN SENIOR (WILLIAMS, STUART) (Entered: 12/15/2016)

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11 Dec. 15, 2016

NOTICE of Appearance by LESLEI G STREET on behalf of JUSTIN SENIOR (STREET, LESLEI) (Entered: 12/15/2016)

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12 Dec. 15, 2016

NOTICE of Appearance by ANDREW TAYLOR SHEERAN on behalf of JUSTIN SENIOR (SHEERAN, ANDREW) (Entered: 12/15/2016)

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13 Dec. 19, 2016

INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 1/2/2017. Rule 26 Meeting Report due by 2/1/2017. Discovery due by 4/17/2017. Signed by JUDGE ROBERT L HINKLE on 12/19/2016. (tdl) (Entered: 12/20/2016)

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14 Dec. 20, 2016

NOTICE of Appearance by BLAINE H WINSHIP on behalf of PAMELA BONDI, JUSTIN SENIOR (WINSHIP, BLAINE) (Entered: 12/20/2016)

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15 Dec. 20, 2016

ORDER setting a scheduling conference. Signed by JUDGE ROBERT L HINKLE on 12/19/16. (RH) (Entered: 12/20/2016)

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16 Dec. 20, 2016

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 12/29/2016 10:00 AM EST before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521-3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 12/20/2016)

RECAP
17 Dec. 21, 2016

SUMMONS Returned Executed by ALAN E LITWAK, EMERGENCY MEDICAL ASSISTANCE INC, GARY GLICKSTEIN, HARRIS RIORDAN, WOMEN'S EMERGENCY NETWORK INC, DAVID SPEY, BRYAN G FULWIDER, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, KATHY SCHMITZ, MIAMI WORKERS CENTER INC. JUSTIN SENIOR served on 12/15/2016, answer due 1/5/2017. (GREEN, JAMES) (Entered: 12/21/2016)

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18 Dec. 21, 2016

SUMMONS Returned Executed by ALAN E LITWAK, EMERGENCY MEDICAL ASSISTANCE INC, GARY GLICKSTEIN, HARRIS RIORDAN, WOMEN'S EMERGENCY NETWORK INC, DAVID SPEY, BRYAN G FULWIDER, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, KATHY SCHMITZ, MIAMI WORKERS CENTER INC. PAMELA BONDI served on 12/15/2016, answer due 1/5/2017. (GREEN, JAMES) (Entered: 12/21/2016)

RECAP
19 Dec. 22, 2016

NOTICE of Appearance by NANCY GBANA ABUDU on behalf of All Plaintiffs (ABUDU, NANCY) (Entered: 12/22/2016)

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20 Dec. 23, 2016

Corporate Disclosure Statement/Certificate of Interested Persons by PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC identifying Corporate Parent National Organization For Women Washington D.C., Corporate Parent Florida National Organization For Woman - Ocklawaha, Florida for PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC.. (GREEN, JAMES) (Entered: 12/23/2016)

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21 Dec. 23, 2016

Corporate Disclosure Statement/Certificate of Interested Persons by MIAMI WORKERS CENTER INC. (GREEN, JAMES) (Entered: 12/23/2016)

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22 Dec. 23, 2016

Corporate Disclosure Statement/Certificate of Interested Persons by EMERGENCY MEDICAL ASSISTANCE INC. (GREEN, JAMES) (Entered: 12/23/2016)

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23 Dec. 23, 2016

Corporate Disclosure Statement/Certificate of Interested Persons by WOMEN'S EMERGENCY NETWORK INC. (GREEN, JAMES) (Entered: 12/23/2016)

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24 Dec. 29, 2016

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Scheduling Conference held on 12/29/2016. Parties discuss the schedule for the Preliminary Injunction Motion. Ruling by Court: Response to the motion is due by January 13, 2017 and a reply is due by January 20, 2017. If the parties plan on calling any live witnesses a notice is due by January 24, 2017. The preliminary injunction hearing is scheduled for January 27, 2017 at 10:00 am. The answer to the complaint is due by February 10, 2017. An order is forthcoming. (Court Reporter Julie Wycoff) (erl) (Entered: 12/29/2016)

RECAP
25 Dec. 29, 2016

ORDER SETTING THE PRELIMINARY-INJUNCTION SCHEDULE AND EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT - The plaintiff's motion for a preliminary injunction will be heard on January 27, 2017, at 10:00 a.m. A temporary restraining order is denied. (Internal deadline for referral to judge if response to the Complaint is not filed earlier: 2/10/2017)., Response to motion due by by 1/13/2017.) Signed by JUDGE ROBERT L HINKLE on 12/29/2016. (tdl) (Entered: 12/29/2016)

RECAP
26 Dec. 30, 2016

NOTICE OF HEARING ON 7 MOTION for Preliminary Injunction : Motion Hearing set for 1/27/2017 10:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 12/30/2016)

RECAP
27 Jan. 5, 2017

ORDER - It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 5, is GRANTED. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/5/2017. (tdl) (Entered: 01/05/2017)

RECAP
28 Jan. 5, 2017

ORDER - It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 6, is GRANTED. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/5/2017. (tdl) (Entered: 01/05/2017)

RECAP
29 Jan. 5, 2017

ORDER - It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 8, is GRANTED. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/5/2017. (tdl) (Entered: 01/05/2017)

RECAP
30 Jan. 5, 2017

ORDER - It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 9, is GRANTED. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/5/2017. (tdl) (Entered: 01/05/2017)

RECAP
31 Jan. 13, 2017

RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order Plaintiffs' Motion For Temporary Restraining Order And/Or Preliminary Injunction filed by PAMELA BONDI, JUSTIN SENIOR. (Attachments: # 1 Exhibit A - Declaration of Jack Plagge) (WINSHIP, BLAINE) (Entered: 01/13/2017)

RECAP
32 Jan. 20, 2017

MEMORANDUM in Support re 7 MOTION for Temporary Restraining Order Plaintiffs' Motion For Temporary Restraining Order And/Or Preliminary Injunction PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION filed by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (GREEN, JAMES) (Entered: 01/20/2017)

RECAP
33 Jan. 27, 2017

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Motion Hearing held on 1/27/2017 re 7 MOTION for Temporary Restraining Order and / or Preliminary Injunction. 26(a)1 Disclosures, Rule 26 Report, and the Response shall be filed 7 days after the Courts decision. An Order will be issued by Judge Hinkle. (Court Reporter Judy Gagnon.) (kjw) (Entered: 01/27/2017)

RECAP
34 Jan. 28, 2017

ORDER EXTENDING THE DEADLINES FOR 26(a)(1) DISCLOSURES, THE 26(f) REPORT, AND THE RESPONSE TO THE COMPLAINT - The deadlines for Federal Rule of Civil Procedure 26(a)(1) disclosures, for the Rule 26(f) report, and for the defendants' response to the complaint are extended to seven days after issuance of an order on the pending motion for a preliminary injunction. Signed by JUDGE ROBERT L HINKLE on 1/28/2017. (tdl) Modified on 2/2/2017 (tdl). (Entered: 01/30/2017)

RECAP
35 Feb. 13, 2017

NOTICE of Publication of Proposed Rule Relating to Pending Motion for a Preliminary Injunction by PAMELA BONDI, JUSTIN SENIOR re 31 Response in Opposition to Motion, (Attachments: # 1 Exhibit AHCA Proposed Rule 59A-9.035, # 2 Exhibit Health Care Registration Abortion Referral or Counseling Agency) (WINSHIP, BLAINE) (Entered: 02/13/2017)

RECAP
36 Feb. 15, 2017

RESPONSE by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC re 35 Notice (Other), PLAINTIFFS' RESPONSE TO DEFENDANTS' NOTICE OF PUBLICATION. (GREEN, JAMES) (Entered: 02/15/2017)

RECAP
37 Feb. 17, 2017

REPLY by PAMELA BONDI, JUSTIN SENIOR re 36 Response/Reply, 35 Notice (Other), Defendants' Objection to Plaintiffs' Response to Notice of Publication or, Alternatively, Motion for Leave to File Reply Thereto. (WINSHIP, BLAINE) (Entered: 02/17/2017)

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38 March 3, 2017

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 01/27/2017, before Judge ROBERT L. HINKLE. Court Reporter/Transcriber Judy A. Gagnon, Telephone number 850-561-6822. 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. Redaction Request due 3/10/2017. Release of Transcript Restriction set for 6/8/2017. (jg) (Entered: 03/03/2017)

RECAP
39 July 28, 2017

NOTICE of Publication of Rule Relating to Pending Motion for a Preliminary Injunction by JUSTIN SENIOR re 35 Notice (Other), (Attachments: # 1 Exhibit Rule 59A-9.035, # 2 Exhibit Abortion Referral or Counseling Agency Registration Form) (WINSHIP, BLAINE) (Entered: 07/28/2017)

RECAP
40 Aug. 14, 2017

RESPONSE by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC re 39 Notice (Other), PLAINTIFFS' RESPONSE TO DEFENDANTS' NOTICE OF PUBLICATION OF RULE RELATING TO PENDING MOTION FOR A PRELIMINARY INJUNCTION. (GREEN, JAMES) (Entered: 08/14/2017)

RECAP
41 Aug. 15, 2017

MOTION to Withdraw as Attorney by JUSTIN SENIOR. (WILLIAMS, STUART) (Entered: 08/15/2017)

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42 Aug. 18, 2017

ORDER GRANTING 41 LEAVE TO WITHDRAW-WILLIAMS. Attorney STUART FRASER WILLIAMS terminated. Signed by JUDGE ROBERT L HINKLE on 8/18/2017. (tdl) (Entered: 08/18/2017)

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43 Sept. 29, 2017

PRELIMINARY INJUNCTION RE 7 . Signed by JUDGE ROBERT L HINKLE on 9/29/17. (sms) (Entered: 09/29/2017)

Clearinghouse
44 Oct. 4, 2017

DOCKET ANNOTATION BY COURT: Received $500 Cash Bond: Receipt #4-32425 (tdl) (Entered: 10/04/2017)

RECAP
45 Oct. 10, 2017

STIPULATION AND [PROPOSED] ORDER by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN. (GREEN, JAMES) (Entered: 10/10/2017)

RECAP
46 Oct. 18, 2017

ORDER EXTENDING RULE 26 DEADLINES AND THE DEADLINE TO RESPOND TO THE COMPLAINT re ECF No. 45 . (Answer due by 11/1/2017.) Signed by JUDGE ROBERT L HINKLE on 10/18/2017. (tdl) (Entered: 10/19/2017)

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47 Oct. 27, 2017

ANSWER to 1 Complaint,, by JUSTIN SENIOR. (WINSHIP, BLAINE) (Entered: 10/27/2017)

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48 Oct. 27, 2017

ANSWER to 1 Complaint,, by PAMELA BONDI. (WINSHIP, BLAINE) (Entered: 10/27/2017)

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49 Nov. 1, 2017

REPORT of Rule 26(f) Planning Meeting. (GREEN, JAMES) (Entered: 11/01/2017)

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50 Nov. 5, 2017

SCHEDULING AND MEDIATION ORDER re: 49 Report: (Discovery due by 2/16/2018., Dispositive Motions to be filed by 2/28/2018., Jury Trial set for 6/25/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 11/5/2017. (tdl) (Entered: 11/06/2017)

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51 Dec. 14, 2017

STIPULATION STIPULATION AND [PROPOSED] ORDER by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (GREEN, JAMES) (Entered: 12/14/2017)

RECAP
52 Dec. 26, 2017

REVISED SCHEDULING ORDER Re: 51 Stipulation: Discovery due by 3/19/2018. Notice of Conflict due by 1/10/2018. Jury Trial rescheduled for 7/23/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Signed by JUDGE ROBERT L HINKLE on 12/26/2017. (vkm) (Entered: 12/27/2017)

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53 Jan. 16, 2018

MOTION for Leave to File MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND MEMORANDUM OF LAW by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Exhibit Exhibit A - Amended Complaint For Injunctive and Declaratory Relief) (GREEN, JAMES) (Entered: 01/16/2018)

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54 Feb. 10, 2018

ORDER GRANTING 53 LEAVE TO FILE THE FIRST AMENDED COMPLAINT. Signed by JUDGE ROBERT L HINKLE on 2/10/2018. (tdl) (Entered: 02/12/2018)

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55 Feb. 12, 2018

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against PAMELA BONDI, JUSTIN SENIOR, filed by ALAN E LITWAK, EMERGENCY MEDICAL ASSISTANCE INC, GARY GLICKSTEIN, HARRIS RIORDAN, WOMEN'S EMERGENCY NETWORK INC, DAVID SPEY, BRYAN G FULWIDER, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, KATHY SCHMITZ, MIAMI WORKERS CENTER INC. (GREEN, JAMES) (Entered: 02/12/2018)

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56 Feb. 26, 2018

ANSWER to 55 Amended Complaint, by JUSTIN SENIOR. (WINSHIP, BLAINE) (Entered: 02/26/2018)

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57 Feb. 26, 2018

ANSWER to 55 Amended Complaint, by PAMELA BONDI. (WINSHIP, BLAINE) (Entered: 02/26/2018)

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58 March 1, 2018

ORDER FOR PRETRIAL CONFERENCE: Attorney Conference to take place by 6/8/2018. Pretrial Stipulation due by 6/22/2018. Jury Trial set for 7/23/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Pretrial Conference set for 6/29/2018 10:00 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Signed by JUDGE ROBERT L HINKLE on 3/1/2018. (tdl) (Entered: 03/01/2018)

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March 1, 2018

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 50 Order - Dispositive Motions due. (tdl)

59 March 23, 2018

STIPULATION STIPULATION AND [PROPOSED] ORDER by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (GREEN, JAMES) (Entered: 03/23/2018)

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60 April 16, 2018

ORDER RESCHEDULING THE TRIAL AND ADJUSTING OTHER DEADLINES - The parties' stipulated motion to revise the schedule, ECF No. 59, is granted in part. The clerk must reschedule the pretrial conference for the first available date on or after August 3, 2018. (Dispositive Motions to be filed by /30/2018., Discovery due by 4/18/2018., Motions in Limine due by 7/23/2018., Pretrial Stipulation due by 7/23/2018., Reply Memorandum due by 6/8/2018., Response to Motion for Summary Judgment due by by 5/30/2018., Attorney Conference to take place by 7/16/20184., Jury Trial set for 8/20/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.). Signed by JUDGE ROBERT L HINKLE on 4/16/2018. (tdl) (Entered: 04/17/2018)

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April 18, 2018

Set Deadline: Dispositive Motions to be filed by 4/30/2018. (tdl)

61 April 19, 2018

NOTICE OF RESCHEDULED HEARING: Pretrial Conference reset for 8/3/2018 10:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 04/19/2018)

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62 April 19, 2018

NOTICE OF RESCHEDULED HEARING: Jury Trial reset for the trial period that begins 8/20/2018 08:15 AM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 04/19/2018)

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63 May 1, 2018

STIPULATION STIPULATION AND [PROPOSED] ORDER by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (GREEN, JAMES) (Entered: 05/01/2018)

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May 1, 2018

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 60 Order - Dispositive Motions due. (tdl)

64 May 14, 2018

ORDER RESCHEDULING THE TRIAL AND ADJUSTING OTHER DEADLINES - The clerk must reschedule the pretrial conference for the first available date on or after October 1, 2018. (Dispositive Motions to be filed by /2/2018., Discovery due by 6/18/2018., Rebuttal Expert Reports due by 7/9/2018., Trial Witness due by 7/2/2018., Motions in Limine due by 9/26/2018., Pretrial Stipulation due by 9/21/2018., Reply to Memorandum due by 8/17/2018., Response to Motion for Summary Judgmentdue by by 7/30/2018., Attorney Conference to take place by 79/14/2018., Jury Trial set for 10/15/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 5/14/2018. (tdl) (Entered: 05/14/2018)

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65 May 21, 2018

NOTICE OF RESCHEDULED HEARING: Pretrial Conference reset for 10/4/2018 12:45 PM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 05/21/2018)

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66 May 21, 2018

NOTICE OF RESCHEDULED HEARING: Jury Trial reset for the trial period that begins 10/15/2018 08:15 AM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 05/21/2018)

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67 June 22, 2018

MOTION for Permanent Injunction Joint Motion To Convert Preliminary Injunction To a Permanent Injunction Etc. by PAMELA BONDI, JUSTIN SENIOR. (Internal deadline for referral to judge if response not filed earlier: 7/6/2018). (WINSHIP, BLAINE) (Entered: 06/22/2018)

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68 July 5, 2018

ORDER FOR ENTRY OF JUDGMENT - The joint motion to convert the preliminary injunction to a permanent injunction and for other specified relief, ECF No. 67, is granted. The separately entered order entitled "Order Entering Permanent Injunctive and Declaratory Relief and Final Judgment" is a final judgment under Federal Rule of Civil Procedure 58. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/5/2018. (vkm) (Entered: 07/09/2018)

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69 July 5, 2018

ORDER ENTERING PERMANENT INJUNCTIVE AND DECLARATORY RELIEF AND FINAL JUDGMENT - The registration-and-fee provision, the compelled-speech provision, and the parental-notification provisions of Florida Statutes § 390.025 are declared unconstitutional under the United States Constitution. Justin Senior, in his official capacity as Secretary of the Florida Agency for Health Care Administration, together with his successors and all officers, agents, servants, employees, attorneys, and others in active concert or participation with any of them, are permanently enjoined from enforcing the registration-and-fee provision, the compelled-speech provision, and the parental-notification provisions of Florida Statutes § 390.025. Justin Senior, in his official capacity as Secretary of the Florida Agency for Health Care Administration, shall pay attorneys' fees and expenses to Plaintiffs' counsel pursuant to 42 U.S.C. § 1988, in an amount to be agreed among the parties. In the event the Parties are unable to reach agreement, Plaintiffs may apply for an award of reasonable attorneys' fees within 60 days of entry of this Order. The Court reserves jurisdiction for 60 days following entry of this Order and, if Plaintiffs apply for an award of reasonable attorneys' fees, retains jurisdiction to resolve only that matter. The Clerk is directed to enter this Order Entering Permanent Injunctive Relief and Final Judgment forthwith. Signed by JUDGE ROBERT L HINKLE on 7/5/2018. (vkm) (Entered: 07/09/2018)

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70 Sept. 6, 2018

JOINT NOTICE OF SETTLEMENT ON ATTORNEYS' FEES AND COSTS AND JOINT MOTION TO EXTEND DEADLINE by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC (GREEN, JAMES) Modified on 9/7/2018 to change event type to MOTION (ckm). (Entered: 09/06/2018)

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71 Sept. 10, 2018

ORDER EXTENDING THE DEADLINE FOR 54.1(E) DECLARATIONS - The joint motion, ECF No. 70, to extend the deadline to file declarations under Local Rule 54.1(E) is granted. The deadline is extended to October 6, 2018. Signed by JUDGE ROBERT L HINKLE on 9/10/2018. (ckm) (Entered: 09/10/2018)

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72 Oct. 4, 2018

NOTICE JOINT NOTICE OF PAYMENT by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC (GREEN, JAMES) (Entered: 10/04/2018)

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73 Dec. 1, 2018

MOTION FOR RETURN OF BOND by EMERGENCY MEDICAL ASSISTANCE INC, BRYAN G FULWIDER, GARY GLICKSTEIN, ALAN E LITWAK, MIAMI WORKERS CENTER INC, PALM BEACH COUNTY CHAPTER OF THE NATIONAL ORGANIZATION FOR WOMEN INC, HARRIS RIORDAN, KATHY SCHMITZ, DAVID SPEY, WOMEN'S EMERGENCY NETWORK INC. (Attachments: # 1 Text of Proposed Order) (GREEN, JAMES) (Entered: 12/01/2018)

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74 Dec. 3, 2018

ORDER RETURNING THE BOND: The plaintiffs' unopposed motion for return of the cash bond 73 is granted. The clerk must return the bond posted on October 14, 2017, 44, to the Trust Account of James K. Green, P.A. Signed by JUDGE ROBERT L HINKLE on 12/3/18. * Copy of order provided to Clerk's Office Finance (amm) (Entered: 12/04/2018)

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Case Details

State / Territory:

Florida

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Dec. 12, 2016

Closing Date: Dec. 3, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four non-profit organizations and six religious leaders, all either rabbis or ministers

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Attorney General

Interim Secretary

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

Equal Protection

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Northern District of Florida 4:16-cv-00765

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: Undisclosed

Issues

Reproductive rights:

Abortion

Licensing restriction

Parental notification

Patient disclosure requirement

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

Recommended Citation