Case: EMW Women's Surgical Center, P.S.C. v. Beshear

3:17-cv-00016 | U.S. District Court for the Western District of Kentucky

Filed Date: Jan. 9, 2017

Closed Date: Feb. 4, 2020

Clearinghouse coding complete

Case Summary

On January 7, 2017, Kentucky enacted House Bill 2 ("the Act"), that required physicians to show a woman seeking an abortion ultrasound images of her embryo or fetus, auscultate the heartbeat, and provide a detailed description of the embryo or fetus prior to performing the abortion, even over the patient's objection. The penalties for violating the Act included a fine of up to $100,000 for a first offense and up to $250,000 for each subsequent offense in addition to disciplinary actions brought…

On January 7, 2017, Kentucky enacted House Bill 2 ("the Act"), that required physicians to show a woman seeking an abortion ultrasound images of her embryo or fetus, auscultate the heartbeat, and provide a detailed description of the embryo or fetus prior to performing the abortion, even over the patient's objection. The penalties for violating the Act included a fine of up to $100,000 for a first offense and up to $250,000 for each subsequent offense in addition to disciplinary actions brought by the Kentucky Board of Medical Licensure. Two days later, on January 9, 2017, EMW Women's Surgical Center ("EMW"), the sole licensed abortion facility in the state, as well as three physicians who provide abortions at EMW (collectively "the plaintiffs") brought this lawsuit in the U.S. District Court for the Western District of Kentucky challenging the Act and requested a temporary restraining order on behalf of themselves and their patients. The plaintiffs, represented by the ACLU, sued the Kentucky Attorney General, the Secretary of Health and Family Services, and the Executive Director of the Kentucky Board of Medical Licensure. 

In their complaint, the plaintiffs alleged that the Act violated their First, Fourth, and Fourteenth Amendment rights under the U.S. Constitution. Specifically, the plaintiffs argued that the Act forced them to deliver unwanted, government-mandated speech that violated the ethical standards for medical informed consent and by compelling patients to listen to such speech. Additionally, the Act allegedly violated the plaintiffs' right to substantive due process because it was not rationally related to any legitimate government interest. The plaintiffs also alleged that the Act violated the Equal Protection Clause by subjecting women to an unethical informed consent requirement based on sex-stereotypes about women's decision-making capacity. The complaint further argued that the Act violated the patients' Fourteenth Amendment right to bodily integrity by forcing them to submit to a physically invasive medical procedure as a condition of accessing a constitutionally protected medical service. Finally, the plaintiffs alleged that the Act's requirements amounted to an unreasonable, warrantless search and seizure. As such, the plaintiffs requested that the court provide declaratory relief, injunctive relief, and attorneys' fees. 

On January 10, 2017, and January 12, 2017, the defendants filed motions to dismiss the case for failure to state a claim. While litigation continued, Magistrate Judge Colin H. Lindsay advanced the trial on the merits and consolidated it with the hearing on the plaintiffs' motion for a temporary restraining order scheduled for March 23, 2017. Prior to trial, both parties filed motions for summary judgment.

Months later, on September 27, 2017, Judge David J. Hale granted the plaintiffs' motion for summary judgment and a permanent injunction. The court found that the defendants violated the First Amendment rights of physicians and third-party plaintiffs by forcing ultrasound images, detailed descriptions of the fetus, and the sounds of the fetal heartbeat on patients, against their will, at a time when the patients are most vulnerable. Judge Hale found that the Act was intended to dissuade women from choosing abortion and compelled ideological speech from the plaintiffs. Additionally, the court declared that the Act did not advance the state's interest and, in fact, inflicted psychological harm on abortion patients. As a result, Judge Hale granted the plaintiffs' motion, denied the defendants' motions, and permanently enjoined the defendants from enforcing the Act. 283 F. Supp. 3d 629.

By October 12, 2017, the defendants filed notices of appeal and a motion to stay the lower court's judgment in the Sixth Circuit Court of Appeals. The Sixth Circuit court consolidated these appeals in case no. 17-6151, but denied the defendants' motion to stay on December 8, 2017, because it found that the defendants failed to present an extraordinary circumstance justifying an exercise of the Sixth Circuit court's discretion. 2017 U.S. App. LEXIS 24931.

A year and a half later, on April 4, 2019, the Sixth Circuit reversed the district court's decision, vacated the injunction, and remanded the case. In light of a U.S. Supreme Court case, National Institute of Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018) ("NIFLA"), the Sixth Circuit found that the district court's application of heightened scrutiny to invalidate the Act under the First Amendment was improper. Instead, under NIFLA, "no heightened scrutiny should apply to informed-consent statutes like the abortion-informed-consent statute at issue in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992)." Thus, even though the Act compelled doctors' disclosure of certain information, the Sixth Circuit held that it did not violate the right to free speech because "'protecting the life of the unborn' is a 'legitimate goal' that may be pursued by a State as part of informed consent." In addition, the Court of Appeals found that the Kentucky Attorney General was not a proper party to this action because the Kentucky legislature charged local prosecutors with enforcing the Act, not the Attorney General directly. Accordingly, the circuit court reversed the district court's decision, vacated the injunction, and remanded with instructions to dismiss the Attorney General as a defendant. 920 F.3d 421. The plaintiffs later filed a motion for an en banc rehearing which the circuit court denied on June 28, 2019. 2019 U.S. App. LEXIS 19623.

In response, the plaintiffs filed a petition for certiorari in the U.S. Supreme Court on October 9, 2019. Two months later, the U.S. Supreme Court denied cert. on December 10, 2019, 140 S. Ct. 655, and, on the same day, the Sixth Circuit Court of Appeals vacated the stay entered while the petition was pending, 2019 U.S. App. LEXIS 23500.

In accordance with the Sixth Circuit decision, the district court dismissed the Attorney General as a defendant and entered a judgment in favor of the remaining defendants on January 6, 2020, and February 4, 2020, respectively. Judge Hale dismissed this case on February 4, 2020, and this case is now closed.

Summary Authors

Richa Bijlani (5/5/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6148189/parties/emw-womens-surgical-center-psc-v-beshear/

Documents in the Clearinghouse

Document
1

3:17-cv-00016

Complaint

Jan. 9, 2017

Jan. 9, 2017

Complaint
69

3:17-cv-00016

Memorandum Opinion and Order

283 F.Supp.3d 629

Sept. 27, 2017

Sept. 27, 2017

Order/Opinion
73-2

17-06151

Opinion

U. S. Court of Appeals for the Sixth Circuit

920 F.3d 421

April 4, 2019

April 4, 2019

Order/Opinion
90

3:17-cv-00016

Judgment

Feb. 4, 2020

Feb. 4, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6148189/emw-womens-surgical-center-psc-v-beshear/

Last updated May 4, 2022, 8 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew G. Beshear, Vicky Yates Brown Glisson, Michael S. Rodman filed by Ernest Marshall, M.D., EMW Women's Surgical Center, P.S.C., Ashley Bergin, M.D., Tanya Franklin, M.D. Filing fee $400, receipt number 0644-2361144. (Attachments: # 1 Exhibit 1: House Bill 2, # 2 Cover Sheet) (NM) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

Clearinghouse
2

Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Judge Colin H. Lindsay. (NM) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
3

MOTION for Temporary Restraining Order by Plaintiffs Ashley Bergin, M.D., EMW Women's Surgical Center, P.S.C., Tanya Franklin, M.D., Ernest Marshall, M.D. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Joffe Declaration, # 3 Exhibit B: Franklin Declaration, # 4 Proposed Order) (NM) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
4

MOTION for Alexa Kolbi-Molinas to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2361528.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Cert. of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
5

MOTION for Andrew Beck to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2361539.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
6

MOTION for Julia Kaye to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2361550.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
7

Summons Issued as to Andrew G. Beshear, Vicky Yates Brown Glisson, Michael S. Rodman. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons Glisson, # 2 Summons Rodman) (NM) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
8

TEXT ORDER signed by Judge David J. Hale on 1/9/2017 granting 4 Motion for Alexa Kolbi-Molinas to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
9

TEXT ORDER signed by Judge David J. Hale on 1/9/2017 granting 5 Motion for Andrew Beck to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
10

TEXT ORDER signed by Judge David J. Hale on 1/9/2017 granting 6 Motion for Julia Kaye to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
11

NOTICE of Appearance by Steven T. Mayo on behalf of Michael S. Rodman (Mayo, Steven) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
12

NOTICE of Appearance by Joseph A. Newberg, II on behalf of Michael S. Rodman (Newberg, Joseph) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Andrew G. Beshear (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Buckner, La Tasha) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Michael S. Rodman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Newberg, Joseph) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
15

ORDER on proceedings held before Judge David J. Hale on 1/11/2017 and 1/12/2017 - Defendants shall respond to Plaintiffs' motion for temporary restraining order (Docket No. 3) on or before January 17, 2017. Plaintiffs shall have until January 19, 2017 to reply. (Court Reporter Dena Legg.) cc:counsel (DAK) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
16

SUMMONS Returned Executed by Ernest Marshall, MD, EMW Women's Surgical Center, P.S.C., Ashley Bergin, MD, Tanya Franklin, MD. Michael S. Rodman served on 1/11/2017, answer due 2/1/2017. (Sharp, William) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
17

SUMMONS Returned Executed by Ernest Marshall, MD, EMW Women's Surgical Center, P.S.C., Ashley Bergin, MD, Tanya Franklin, MD. Andrew G. Beshear served on 1/13/2017, answer due 2/3/2017. (Sharp, William) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
18

Third Party MOTION for Leave to File Amicus Brief by Movants Robert Stivers, Jeff Hoover, Whitney Westerfield, Joseph M Fischer (Attachments: # 1 Memorandum in Support Amicus Brief, # 2 Proposed Order Tendered order) (Fleenor, David) Modified on 1/18/2017 party type changed from Defendants to Movants (JAC). (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
19

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order filed by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
20

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order filed by Michael S. Rodman. (Mayo, Steven) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
21

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order filed by Vicky Yates Brown Glisson. (Attachments: # 1 Proposed Order) (Pitt, M.) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
22

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order filed by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Attachments: # 1 Exhibit A) (Kolbi-Molinas, Alexa) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
23

ORDER by Judge David J. Hale on 1/23/2017 re 3 MOTION for Temporary Restraining Order - Hearing on Motion for temporary restraining order 3 set for 2/16/2017 10:00 AM in Louisville Courtroom before Judge David J. Hale.Supplement brief due 7 days prior to the hearing and not to exceed 10 pages.cc: Counsel (DAK) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
24

RESPONSE to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Kolbi-Molinas, Alexa) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
25

SUMMONS Returned Executed by Ernest Marshall, MD, Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. Vicky Yates Brown Glisson served on 1/13/2017, answer due 2/3/2017. (Sharp, William) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
26

Amicus Curiae APPEARANCE entered by Vaughn Murphy on behalf of Jeff Hoover, Joseph M Fischer, Whitney Westerfield, Robert Stivers by on behalf of Jeff Hoover, Joseph M Fischer, Whitney Westerfield, Robert Stivers. (Murphy, Vaughn) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
27

RESPONSE to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Attachments: # 1 Exhibit A) (Kolbi-Molinas, Alexa) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
28

ANSWER to 1 Complaint, by Vicky Yates Brown Glisson. (Pitt, M.) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
29

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 2/6/2017; Magistrate Judge Lindsay will conduct a telephonic conference in this case on 2/7/2017 at 1:00 PM. Counsel for the parties shall connect to the conference by dialing toll free number 1-888-808-6929 and entering access code 2773744#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (NWT) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
30

TEXT ORDER by Judge David J. Hale on 2/7/2017. Pursuant to 28 U.S.C. § 636(b)(1)(A), this matter is REFERRED to Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all nondispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct one or more settlement conferences in this matter. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (RLK) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
31

RESPONSE to Motion re 18 Third Party MOTION for Leave to File Amicus Brief filed by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Attachments: # 1 Proposed Order) (Sharp, William) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
32

BRIEF Supplemental Brief in Opposition re 3 MOTION for Temporary Restraining Order filed by Tanya Franklin, M.D., EMW Women's Surgical Center, P.S.C., Ernest Marshall, M.D., Ashley Bergin, M.D. (Attachments: # 1 Exhibit A - Seeds Declaration, # 2 Exhibit B - Hager Declaration, # 3 Exhibit C - Reihing Declaration, # 4 Exhibit D - Minter Declaration, # 5 Exhibit E - Mitchell Declaration, # 6 Exhibit F - Smith Declaration, # 7 Exhibit G - Stivers Declaration, # 8 Exhibit H - House Members' Declarations, # 9 Exhibit I - Baker Declaration) by Vicky Yates Brown Glisson. (Pitt, M.) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
33

Order on Telephonic Status Conference held before Magistrate Judge Colin H. Lindsay on 2/7/2017. Absent a contrary ruling by the District Judge, the parties are bound by their agreement. If a party determines a need for live witnesses at the hearing, that party must email Judge Lindsay's case manager before 5:00 pm on Friday, February 10, 2017 to schedule a follow-up telephonic status conference before the hearing. The party shall copy all other counsel of record in the email. cc:counsel (DAK) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
34

REPLY to Response to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
35

Order on Telephonic Status Conference by Magistrate Judge Colin H. Lindsay on 2/15/2017 - Plaintiffs' deadline for filing rebuttal declarations is March 10, 2017. Plaintiffs' and Defendant Glisson's joint deadline for disclosing the names of the witnesses is March 17, 2017. Plaintiffs' and Defendant Glisson's deadline for filing a joint status report is March 20, 2017.The Court POSTPONES the hearing on the Plaintiffs' motion for a temporary restraining order. District Judge David J. Hale will hold a hearing on the Plaintiffs' motion on March 23, 2017 beginning at 9:30 a.m. cc: Counsel (DAK) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
36

REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael S. Rodman. (Mayo, Steven) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
37

NOTICE of Supplemental Authority by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Kolbi-Molinas, Alexa) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
38

RESPONSE to re 37 Notice (Other) of Supplemental Authority filed by Vicky Yates Brown Glisson. (Pitt, M.) (Entered: 02/20/2017)

Feb. 20, 2017

Feb. 20, 2017

PACER
39

AFFIDAVIT re 3 MOTION for Temporary Restraining Order of Dr. Mark D. Nichols by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Kolbi-Molinas, Alexa) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
40

AFFIDAVIT re 3 MOTION for Temporary Restraining Order of Dr. Steven Joffe by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Kolbi-Molinas, Alexa) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
41

AFFIDAVIT re 3 MOTION for Temporary Restraining Order of Carolyn Jones by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Kolbi-Molinas, Alexa) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
42

MOTION for Meagan Burrows to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2401779.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
43

TEXT ORDER by Judge David J. Hale on 3/15/2017 granting 42 Motion Meagan Burrows to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
44

MOTION for Leah Godesky to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2404219.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
45

MOTION for Anton Metlitsky to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2404223.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
46

MOTION for Taylor Simeone to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2404228.by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sharp, William) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
47

Witness List for March 23, 2017 Hearing by Vicky Yates Brown Glisson. (Meredith, S.) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
48

Witness List for March 23, 2017 Hearing by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Kolbi-Molinas, Alexa) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
49

STATUS REPORT by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Sharp, William) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

RECAP
50

TEXT ORDER Signed by Judge David J. Hale on 3/21/2017 granting 44 Motion for Leah Godesky to Appear Pro Hac Vice; granting 45 Motion for Anton Metlitsky to Appear Pro Hac Vice; granting 46 Motion for Taylor Simeone to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
51

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/24/2017. This matter is scheduled for a telephonic conference 3/27/2017 11:30 AM before Magistrate Judge Colin H. Lindsay. Counsel for the parties shall connect to the conference by dialing toll free number 1-888-808-6929 and entering access code 2773744#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
52

Memorandum on Telephonic Status Conference held before Magistrate Judge Colin H. Lindsay on 3/27/2017 - Each party was asked if there was any objection to advancing the trial on the merits and consolidating it with the March 23, 2017 hearing on the Plaintiffs' motion for a temporary restraining order. The Plaintiffs had no objection. Defendant Beshear had no objection. Defendant Glisson had no objection. Defendant Rodman had no objection. The Movants had no objection. cc:counsel (DAK) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
53

MEMORANDUM OF HEARING AND ORDER on proceedings held before Judge David J. Hale on 3/23/2017 - Parties shall have 30 days after the hearing transcript is made available to the parties to file cross-motions for summary judgment. The parties shall have fifteen (15) days to file responses. There shall be no replies. Page limits shall be in accordance with the local rules. (Court Reporter Dena Legg.) cc:counsel (DAK) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
54

Corporate Disclosure Statement by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Sharp, William) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
55

FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on 03/23/17, before Judge David J. Hale. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2017. Redacted Transcript Deadline set for 5/12/2017. Release of Transcript Restriction set for 7/10/2017. (DL) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
56

Notice of Filing Official Transcript re 55 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
57

EXHIBIT INVENTORY by D. Legg Court Reporter (DAK) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
58

MOTION for Summary Judgment by Defendant Andrew G. Beshear (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Buckner, La Tasha) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
59

MOTION for Summary Judgment by Defendant Michael S. Rodman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Mayo, Steven) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
60

MOTION for Summary Judgment by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Memorandum in Support Plaintiffs' Motion for Summary Judgment, # 2 Proposed Order) (Kolbi-Molinas, Alexa) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
61

Plaintiffs' Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (DN 60 ) by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Affidavit Declaration and Exhibits in Support of Plaintiffs' Statement of Undisputed Material Facts) (Kolbi-Molinas, Alexa) Modified on 5/12/2017 edited docket text to clarify that filing is not a motion (JAC). (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
62

MOTION for Summary Judgment,or, in the Alternative, for Findings of Fact and Conclusions of Law by Defendant Vicky Yates Brown Glisson (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Pitt, M.) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
63

MOTION to Withdraw as Attorney . (Continue to receive notice:Yes)by Defendant Michael S. Rodman (Attachments: # 1 Exhibit Consent) (Newberg, Joseph) (Additional attachment(s) added on 5/19/2017: # 2 Proposed Order) (JAC). (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
64

Proposed Order re 63 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Michael S. Rodman. (Newberg, Joseph) Modified on 5/19/2017 proposed order attached to 63 motion (JAC). (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
65

RESPONSE to Motion re 60 MOTION for Summary Judgment filed by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
66

RESPONSE to Motion re 58 MOTION for Summary Judgment, 59 MOTION for Summary Judgment, 62 MOTION for Summary Judgment,or, in the Alternative, for Findings of Fact and Conclusions of Law filed by Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD. (Attachments: # 1 Exhibit A) (Kolbi-Molinas, Alexa) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
67

RESPONSE to Motion re 60 MOTION for Summary Judgment filed by Vicky Yates Brown Glisson. (Pitt, M.) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
68

ORDER by Magistrate Judge Colin H. Lindsay on 5/31/2017 - 63 Motion to Withdraw as Attorney is GRANTED. The Clerk is directed to remove Joseph A. Newberg, II, as counsel of record for Defendant Michael Rodman. cc: Counsel(DAK) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
69

MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 9/27/2017 - Plaintiffs' motion for summary judgment (DN 60) is GRANTED. A permanent injunction and judgment will be entered this date. Defendant Glisson's motion for summary judgment (DN 62) is DENIED. Defendant Beshear's and Defendant Rodman's motions for summary judgment (DN 58; DN 59) are DENIED. Defendant Beshear's and Defendant Rodman's motions to dismiss (DN 13; DN 14) are DENIED as moot. Plaintiffs' motion for temporary restraining order (DN 3) is DENIED as moot. The third-party motion for leave to file a brief as amici curiae (DN 18) is GRANTED. cc: Counsel(DAK) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

Clearinghouse
70

JUDGMENT AND PERMANENT INJUNCTION by Judge David J. Hale - Judgment is entered in favor of Plaintiffs as to their first claim for relief. (Docket No. 1, PageID # 13) H.B. 2, codified at Ky. Rev. Stat. §§ 311.727,.990(32), violates the First Amendment rights of physicians. Defendants and their officers, agents, and employees, and those persons in active concert or participation with Defendants who receive actual notice of this Order, are PERMANENTLY ENJOINED from enforcing H.B. 2 by civil action, criminal proceeding, administrative action or proceeding, or any other means; penalizing any person for failure to comply with H.B. 2 by civil action, criminal proceeding, administrative action or proceeding, or any other means; and applying, imposing, or requiring compliance with, implementing, or carrying out in any way any part of H.B. 2. This action is DISMISSED with prejudice and STRICKEN from the Court's docket. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. cc: Counsel (DAK) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
71

NOTICE OF APPEAL by Vicky Yates Brown Glisson. Filing fee $ 505, receipt number 0644-2518929. (Pitt, M.) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
72

USCA Case Number 17-6151 for 71 Notice of Appeal filed by Vicky Yates Brown Glisson. (JSS) (Entered: 10/03/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
73

NOTICE OF APPEAL as to 69 Order on Motion for Summary Judgment,,,,,,,,,,,, Order on Motion for TRO,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion for Leave to,, 70 Judgment,,,, by Andrew G. Beshear. Filing fee $ 505, receipt number 0644-2522200. (Buckner, La Tasha) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
74

USCA Case Number 17-6183 for 71 Notice of Appeal filed by Vicky Yates Brown Glisson. (JSS) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
75

NOTICE of Appearance by Amy D. Cubbage on behalf of Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Cubbage, Amy) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
76

MOTION to Withdraw as Attorney William E. Sharp. (Continue to receive notice:Yes) by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Proposed Order) (Sharp, William) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
77

ORDER by Magistrate Judge Colin H. Lindsay on 10/26/2017 - 76 Motion to Withdraw as Attorney by William E. Sharp. cc: Counsel(DAK) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
78

Agreed MOTION for Extension of Time to File an Award of Attorneys' Fees and Costs by Plaintiffs Ashley Bergin, MD, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD, Ernest Marshall, MD (Attachments: # 1 Proposed Order) (Cubbage, Amy) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
79

ORDER by Magistrate Judge Colin H. Lindsay on 11/3/2017 - Plaintiffs shall have sixty (60) days to file their motion for an award of attorney' fees and costs, including taxable costs. cc: Counsel(DAK) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
80

USCA 6th Circuit Order: It is ORDERED that the motion be, and hereby is, GRANTED. The Appellees shall file one consolidated brief once briefing is set in Case No. 17-6151 and the Appellant Brief has beenfiled in that case. Modified on 12/8/2017 (JSS). (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
81

ORDER of USCA as to consolidated appeals 73 Notice of Appeal, filed by Andrew G. Beshear, and 71 Notice of Appeal filed by Vicky Yates Brown Glisson, A stay pending appeal is an intrusion into the ordinary appellate process, Nken, 556 U.S. at 427, and the movant bears the burden of demonstrating why the circumstances justify an exercise of [our] discretion, id. at 43334. The Commonwealth has not met its burden in this case. Therefore, the motion to stay is DENIED (JSS) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
82

ORDER of USCA as to 73 Notice of Appeal, filed by Andrew G. Beshear, 71 Notice of Appeal filed by Vicky Yates Brown Glisson.Upon consideration of the motions submitted by CatholicVote.org., Angela Minter, Heather Mitchell, Heidi Reihing, Patricia Smith, the American Public Health Association and the American College of Obstetricians and Gynecologists and AMA to file briefs as amici curiae, It is ORDERED that the motions be, and hereby are, GRANTED. (JSS) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
83

USCA, 6th Circuit, OPINION and JUDGMENT REVERSING the decision of the District Court, VACATING the injunction, and REMANDING the case re 71 Notice of Appeal. MANDATE NOT YET ISSUED. (Attachments: # 1 USCA, 6th Circuit Cover Letter, # 2 USCA, 6th Circuit Judgment). (RLJ) (Main Document 83 replaced on 4/4/2019) (RLJ). (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

Clearinghouse
84

USCA, 6th Circuit, Order entered by Order of the Court denying Petition for Rehearing en Banc signed by Deborah S. Hunt, Clerk. (MEJ) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
85

NOTICE from U.S. Supreme Court re 73 Notice of Appeal, and 71 Notice of Appeal. Supreme Court Case No: 19-417. (RLJ) (Entered: 10/09/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
86

USCA 6th CIRCUIT NOTICE re 73 Notice of Appeal, 71 Notice of Appeal. The Supreme Court having denied the petition for certiorari, the stay entered on August 5, 2019 is vacated, and the mandate shall issue. (Attachments: # 1 Exhibit cover letter) (SMJ) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
87

MANDATE of USCA as to 73 Notice of Appeal, filed by Andrew G. Beshear, 71 Notice of Appeal filed by Vicky Yates Brown Glisson. (Attachments: # 1 Exhibit cover letter) (SMJ) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
88

NOTICE from Supreme Court re 85 . Petition for a writ of certiorari denied. (SMJ) (Entered: 12/11/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
89

ORDER by Judge David J. Hale on 1/6/2020 - The Attorney General of the Commonwealth of Kentucky is DISMISSED as a defendant. The Clerk of Court is DIRECTED to terminate the Attorney General as a defendant in the record of this matter. A separate judgment will be entered in favor of the Secretary of Kentucky's Cabinet for Health and Family Services. The Court hereby notifies the parties of its intention to close this case unless any party objects within twenty-one (21) days of entry of this Order. (KD) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
90

JUDGMENT is entered in favor of the Secretary of Kentucky's Cabinet for Health and Family Services with respect to Plaintiffs' first claim for relief. This action is DISMISSED with prejudice and STRICKEN from the Court's docket. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. (KD) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

Clearinghouse

Case Details

State / Territory: Kentucky

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Jan. 9, 2017

Closing Date: Feb. 4, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EMW Women's Surgical Center, the sole licensed abortion facility in Kentucky, as well as three physicians who provide abortions at EMW.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General, State

Secretary, State

Executive Director, 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

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Reproductive rights:

Physician-only abortion laws

Patient disclosure requirement

General:

Abortion

Informed consent/involuntary medication

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Sex discrimination

Medical/Mental Health:

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