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

U.S. Court of Appeals for the Sixth Circuit

ACLU

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)