1
|
COMPLAINT against Daryl D. Bailey and Luther Strange, filed by Reproductive Health Services and June Ayers. (Attachments: # 1 Exhibit A)(scn, ) (Entered: 10/02/2014)
1 Exhibit A
View on PACER
|
Oct. 1, 2014
|
Oct. 1, 2014
Clearinghouse
|
2
|
MOTION for Preliminary Injunctive Relief, by June Ayers and Reproductive Health Services. (Attachments: # 1 Proposed Order)(scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
3
|
BRIEF/MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by June Ayers and Reproductive Health Services. (Attachments: # 1 Exhibit A of Memo, # 2 Exhibit 1 of Exhibit A, # 3 Exhibit 2 of Exhibit A, # 4 Exhibit B of Memo, # 5 Exhibit C of Memo, # 6 Exhibit 1 of Exhibit C)(scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
4
|
Corporate/Conflict Disclosure Statement by June Ayers. (scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
5
|
Corporate/Conflict Disclosure Statement by Reproductive Health Services. (scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
6
|
Motion for Andrew D. Beck to Appear Pro Hac Vice by June Ayers and Reproductive Health Services. (Attachments: # 1 USDC Certificate of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
7
|
Motion for Jennifer Dalven to Appear Pro Hac Vice by June Ayers and Reproductive Health Services. (Attachments: # 1 USDC Certificate of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
8
|
Filing fee re 1 Complaint, 6 Motion for Andrew D. Beck to appear PHV, and 7 Motion for Jennifer Dalven to appear PHV: $ 500.00, receipt number 4602033763 (scn, ) (Entered: 10/02/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
|
9
|
Summons Issued as to Daryl D. Bailey and Luther Strange; mailed CMRRR with 1 Complaint. (scn, ) (Entered: 10/02/2014)
|
Oct. 2, 2014
|
Oct. 2, 2014
PACER
|
10
|
ORDER directing that, upon consideration of the motions for admission pro hac vice (Doc. # # 6, 7 ), filed October 1, 2014, to admit Andrew D. Beck and Jennifer Calven as counsel for plaintiffs, and for good cause, it is ORDERED that said motions be and hereby are GRANTED. Signed by Honorable Judge Susan Russ Walker on 10/6/14. (scn, ) (Entered: 10/06/2014)
|
Oct. 6, 2014
|
Oct. 6, 2014
PACER
|
11
|
Return Receipt Card showing service of 9 Summons and 1 Complaint signed by O. Williams for Daryl D. Bailey served on 10/3/2014, answer due 10/24/2014. (scn, ) (Entered: 10/07/2014)
|
Oct. 6, 2014
|
Oct. 6, 2014
PACER
|
12
|
Return Receipt Card showing service of 9 Summons and 1 Complaint signed by S. Clemens for Luther Strange served on 10/6/2014, answer due 10/27/2014. (scn, ) (Entered: 10/08/2014)
|
Oct. 8, 2014
|
Oct. 8, 2014
PACER
|
13
|
Motion for Rene Paradis to Appear Pro Hac Vice by June Ayers, Reproductive Health Services. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Marshall, Randall) (Entered: 10/09/2014)
|
Oct. 9, 2014
|
Oct. 9, 2014
PACER
|
14
|
Filing fee re 13 Motion for Renee Paradis to appear PHV: $ 50.00, receipt number 4602033896 (scn, ) (Entered: 10/09/2014)
|
Oct. 9, 2014
|
Oct. 9, 2014
PACER
|
15
|
MOTION to Set a Briefing Schedule on Plaintiffs' Motion for Preliminary Injunctive Relief or to Convene a Scheduling Conference by June Ayers, Reproductive Health Services. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) (Entered: 10/10/2014)
|
Oct. 10, 2014
|
Oct. 10, 2014
PACER
|
16
|
ORDER directing that, upon consideration of the motion for admission pro hac vice, filed October 9, 2014, to admit Rene Paradis as counsel for plaintiffs, and for good cause, it is ORDERED that the motion is GRANTED. Signed by Honorable Judge Susan Russ Walker on 10/10/14. (scn, ) (Entered: 10/10/2014)
|
Oct. 10, 2014
|
Oct. 10, 2014
PACER
|
17
|
ORDER denying 15 Motion to set a briefing schedule or to convene a scheduling conference, as further set out. Signed by Honorable Judge Susan Russ Walker on 10/14/14. (scn, ) (Entered: 10/14/2014)
|
Oct. 14, 2014
|
Oct. 14, 2014
PACER
|
18
|
MOTION for More Definite Statement Or To Strike by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 11/03/2014)
|
Nov. 3, 2014
|
Nov. 3, 2014
PACER
|
19
|
Corporate/Conflict Disclosure Statement by Luther Strange. (Parker, William) (Entered: 11/03/2014)
|
Nov. 3, 2014
|
Nov. 3, 2014
PACER
|
20
|
Corporate/Conflict Disclosure Statement by Daryl D. Bailey. (Parker, William) (Entered: 11/03/2014)
|
Nov. 3, 2014
|
Nov. 3, 2014
PACER
|
21
|
BRIEF/MEMORANDUM in Opposition to Defendants' Motion for More Definite Statement or to Strike filed by June Ayers, Reproductive Health Services. (Attachments: # 1 Exhibit Exhibit A)(Beck, Andrew) (Entered: 11/05/2014)
|
Nov. 5, 2014
|
Nov. 5, 2014
PACER
|
22
|
ORDER directing that the parties are DIRECTED to execute and file, on or before November 13, 2014, either the attached form consenting to Magistrate Judge jurisdiction or the form requesting reassignment to a District Judge. Signed by Honorable Judge Susan Russ Walker on 11/7/14. (scn, ) (Entered: 11/07/2014)
|
Nov. 7, 2014
|
Nov. 7, 2014
PACER
|
23
|
NOTICE by June Ayers, Reproductive Health Services of Supplemental Authority in Opposition to Defendants' Motion for More Definite Statement or to Strike (Attachments: # 1 Exhibit A)(Beck, Andrew) (Entered: 11/14/2014)
|
Nov. 14, 2014
|
Nov. 14, 2014
PACER
|
24
|
CONSENT to Jurisdiction by US Magistrate Judge by Daryl D. Bailey, Luther Strange. (scn, ) (Entered: 11/17/2014)
|
Nov. 17, 2014
|
Nov. 17, 2014
PACER
|
25
|
CONSENT to Jurisdiction by US Magistrate Judge by June Ayers, Reproductive Health Services. (scn, ) (Entered: 11/17/2014)
|
Nov. 17, 2014
|
Nov. 17, 2014
PACER
|
26
|
Joint MOTION for Order Setting Briefing Schedule and Notice of Agreement by Daryl D. Bailey, Luther Strange. (Attachments: # 1 Exhibit A - Proposed Order)(Parker, William) (Entered: 11/19/2014)
|
Nov. 19, 2014
|
Nov. 19, 2014
PACER
|
27
|
ORDER directing that: (1) the defendants' motion for more definite statement or to strike (Doc. # 18 ) is DENIED as moot in light of the defendants' agreement to withdraw the motion and not to base a future Rule 12 motion on the grounds contained therein; (2) the defendants' time for responding to the complaint under Rule 12 is extended to January 16, 2015; (3) by January 16, 2015, the defendants shall file their brief in opposition to the plaintiffs' preliminary injunction motion (Doc. # 2 ); (4) by February 6, 2015, the plaintiffs shall file their reply brief in further support of their preliminary injunction motion and their opposition to any Rule 12 motion filed by the defendants; and (5) by February 20, 2015, the defendants shall file their reply brief in support of their Rule 12 motion, if any. Signed by Honorable Judge Susan Russ Walker on 11/20/14. (scn, ) (Entered: 11/20/2014)
|
Nov. 20, 2014
|
Nov. 20, 2014
PACER
|
28
|
ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than January 5, 2015, as further set out. Signed by Honorable Judge Susan Russ Walker on 12/11/14. (scn, ) (Entered: 12/11/2014)
|
Dec. 11, 2014
|
Dec. 11, 2014
PACER
|
29
|
REPORT of Rule 26(f) Planning Meeting. (Beck, Andrew) (Entered: 12/18/2014)
|
Dec. 18, 2014
|
Dec. 18, 2014
PACER
|
30
|
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 01/16/2015)
|
Jan. 16, 2015
|
Jan. 16, 2015
PACER
|
31
|
BRIEF/MEMORANDUM in Support re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 01/16/2015)
|
Jan. 16, 2015
|
Jan. 16, 2015
PACER
|
32
|
RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Daryl D. Bailey, Luther Strange. (Attachments: # 1 Exhibit A - Leon Hampton Declaration)(Parker, William) (Entered: 01/16/2015)
|
Jan. 16, 2015
|
Jan. 16, 2015
PACER
|
33
|
UNIFORM SCHEDULING ORDER setting: Discovery due by 08/14/2015; Dispositive Motions due by 10/02/2015; Mediation Notice due by 09/16/2015; as further set out. Signed by Honorable Judge Susan Russ Walker on 1/20/15. (scn, ) (Entered: 01/20/2015)
|
Jan. 20, 2015
|
Jan. 20, 2015
PACER
|
34
|
BRIEFING ORDER. Signed by Honorable Judge Susan Russ Walker on 1/20/15. (scn, ) (Entered: 01/20/2015)
|
Jan. 20, 2015
|
Jan. 20, 2015
PACER
|
35
|
ORDER directing that, upon consideration of plaintiffs' motion for preliminary injunction (Doc. # 2 ), and for good cause, it is ORDERED that a hearing to address the motion is scheduled for 10:00 a.m. on March 18, 2015, in courtroom 5-B, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama; the Clerk of the Court is DIRECTED to provide a court reporter for this hearing. Signed by Honorable Judge Susan Russ Walker on 1/20/15. (Furnished to Calendar/JT)(Furnished to MDAL Clerk of Court)(scn, ) (Entered: 01/20/2015)
|
Jan. 20, 2015
|
Jan. 20, 2015
PACER
|
36
|
ORDER directing that the dispositive motion briefing order entered on this date does not apply to the presently pending motion to dismiss, filed by defendants on January 16, 2014 (Doc. # 30 ). The briefing schedule on the motion to dismiss is as set forth in the court's earlier order (Doc. # 27 ), which adopted the schedule proposed jointly by the parties. Signed by Honorable Judge Susan Russ Walker on 1/20/15. (scn, ) (Entered: 01/20/2015)
|
Jan. 20, 2015
|
Jan. 20, 2015
PACER
|
37
|
BRIEF/MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by June Ayers, Reproductive Health Services. (Attachments: # 1 Exhibit A)(Beck, Andrew) (Entered: 02/06/2015)
|
Feb. 6, 2015
|
Feb. 6, 2015
PACER
|
38
|
REPLY BRIEF in Support of Plaintiffs' Motion for Preliminary Injunction filed by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 02/06/2015)
|
Feb. 6, 2015
|
Feb. 6, 2015
PACER
|
39
|
REPLY BRIEF re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 02/20/2015)
|
Feb. 20, 2015
|
Feb. 20, 2015
PACER
|
40
|
ORDER directing that a status conference is hereby scheduled for March 11, 2015, by telephone at 10:00 a.m. CST, as further set out. Signed by Honorable Judge Susan Russ Walker on March 4, 2015. (Furnished to Calendar/JT) (scn, ) (Entered: 03/04/2015)
|
March 4, 2015
|
March 4, 2015
PACER
|
41
|
ORDER directing that the status conference set for March 11, 2015 is continued to March 12, 2015 at 1:30 p.m. CDT, as further set out. Signed by Honorable Judge Susan Russ Walker on 03/10/2015. (Furnished to calendar/JT) (scn, ) (Entered: 03/10/2015)
|
March 10, 2015
|
March 10, 2015
PACER
|
42
|
Minute Entry for proceedings held before Honorable Judge Susan Russ Walker: Status Conference by Telephone held on 3/12/2015 (PDF available for court use only). (Recording Time FTR: 1:33 - 1:37.) (ws, ) (Entered: 03/12/2015)
|
March 12, 2015
|
March 12, 2015
PACER
|
43
|
NOTICE by Daryl D. Bailey, Luther Strange regarding preliminary-injunction hearing (Parker, William) (Entered: 03/17/2015)
|
March 17, 2015
|
March 17, 2015
PACER
|
44
|
Minute Entry for proceedings held before Honorable Judge Susan Russ Walker: Motion Hearing held on 3/18/2015 re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Luther Strange, Daryl D. Bailey, 2 MOTION for Preliminary Injunction filed by June Ayers, Reproductive Health Services (PDF available for court use only). (Court Reporter Wendy Kendrick.) (jct, ) (Entered: 03/18/2015)
|
March 18, 2015
|
March 18, 2015
PACER
|
45
|
NOTICE by Daryl D. Bailey, Luther Strange (Defendants' Second Notice Regarding Preliminary-Injunction Hearing) (Parker, William) (Entered: 03/25/2015)
|
March 25, 2015
|
March 25, 2015
PACER
|
46
|
MOTION for Declaratory Judgment and Permanent Injunction as to Counts III and IV, by June Ayers, Reproductive Health Services. (Beck, Andrew) Modified on 6/24/2015 to clarify docket text pursuant to PDF document (scn, ). Construed as a MOTION for Judgment on the Pleadings on 9/2/2016 pursuant to 52 Memorandum Opinion and Order (qc/djy, ). (Entered: 03/25/2015)
|
March 25, 2015
|
March 25, 2015
PACER
|
47
|
RESPONSE in Opposition re 46 MOTION for Declaratory Judgment and Permanent Injunction as to Counts III and IV, filed by Daryl D. Bailey, Luther Strange. (Parker, William) Modified on 6/24/2015 to clarify text pursuant to PDF document (scn, ). (Entered: 06/23/2015)
|
June 23, 2015
|
June 23, 2015
PACER
|
48
|
Defendants' Unopposed Time-Sensitive Motion to Stay by Daryl D. Bailey and Luther Strange. (Attachments: # 1 Text of Proposed Order)(Parker, William) Modified on 6/24/2015 to clarify text pursuant to PDF document (scn, ). (Entered: 06/23/2015)
|
June 23, 2015
|
June 23, 2015
PACER
|
49
|
ORDER granting 48 Unopposed Time-Sensitive Motion to Stay, as further set out. Signed by Honorable Judge Susan Russ Walker on June 26, 2015. (scn, ) (Entered: 06/26/2015)
|
June 26, 2015
|
June 26, 2015
RECAP
|
50
|
MOTION to Withdraw as Attorney Renee Paradis by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 08/20/2015)
|
Aug. 20, 2015
|
Aug. 20, 2015
PACER
|
51
|
TEXT ORDER granting 50 Motion for Renee Paradis to Withdraw as Attorney. Signed by Honorable Judge Susan Russ Walker on 8/21/2015. (dmn, ) (NO PDF) (Entered: 08/21/2015)
|
Aug. 21, 2015
|
Aug. 21, 2015
PACER
|
52
|
MEMORANDUM OPINION AND ORDER directing as follows: (1) defs' 30 MOTION TO DISMISS is DENIED; (2) defs shall file their answer to plfs' complaint on or before 9/16/16; thereafter, the pleadings are closed; (3) the court DEFERS ruling on plfs' 2 motion for a preliminary injunction until after the defs' answer is filed; (4) the court construes plfs' 46 MOTION for a partial Declaratory Judgment and for entry of a Permanent Injunction as a FRCP 12(c) Motion for Judgment on the Pleadings ; Because the pleadings were not closed at the time that plaintiffs filed the motion, it is due to be and hereby is DENIED as premature, without prejudice to plaintiffs' right to reassert a timely motion for judgment on the pleadings. See Fed. R. Civ. P. 12(c); (5) the stay of these proceedings shall remain in effect until further order of this court, except to the extent that defs are granted leave to file an answer in accordance with this order. Signed by Honorable Judge Susan Russ Walker on 9/2/16. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 09/02/2016)
|
Sept. 2, 2016
|
Sept. 2, 2016
Clearinghouse
|
53
|
ANSWER to 1 Complaint by Daryl D. Bailey, Luther Strange.(Parker, William) (Entered: 09/16/2016)
|
Sept. 16, 2016
|
Sept. 16, 2016
PACER
|
54
|
ORDER that this case is set for a Telephone Conference on 10/26/2016 at 02:00 PM by before Honorable Judge Susan Russ Walker. Plaintiff's counsel is directed to initiate the conference call. Signed by Honorable Judge Susan Russ Walker on 10/5/2016. Copies furnished to calendar group, JT. (dmn, ) (Entered: 10/05/2016)
|
Oct. 5, 2016
|
Oct. 5, 2016
PACER
|
55
|
Unopposed MOTION to Reschedule Status Conference by Daryl D. Bailey, Luther Strange. (Parker, William) Modified on 10/17/2016 to correct the docket text to reflect as "Unopposed" and not "Joint" (wcl, ). (Entered: 10/14/2016)
|
Oct. 14, 2016
|
Oct. 14, 2016
PACER
|
56
|
TEXT ORDER granting 55 Unopposed MOTION to Reschedule Status Conference; The telephone status conference is RESET for 2:00 PM on Wednesday, 11/2/2016; All other directives of the 54 Order are unaltered. Signed by Honorable Judge Susan Russ Walker on 10/18/2016. (furn: calendar, jt) (No pdf attached to this entry)(wcl, ) (Entered: 10/18/2016)
|
Oct. 18, 2016
|
Oct. 18, 2016
PACER
|
57
|
Minute Entry for proceedings held before Honorable Judge Susan Russ Walker: Telephone Status Conference held on 11/2/2016 (PDF available for court use only). (Recording Time 2:00 - 2:08.) (jct, ) (Entered: 11/02/2016)
|
Nov. 2, 2016
|
Nov. 2, 2016
PACER
|
58
|
ORDERED that: (1) The deadline for filing any motion for judgment on the pleadings pursuant to FRCP 12(c) is 11/18/2016. Should any such motion be filed, the non-movants shall file a response brief on or before 12/9/2016, and the movants shall file a reply brief on or before 12/16/2016. Thereafter, the motion(s) will be taken under submission on the record and without oral argument; (2) Should plfs or dfts so choose, they may file supplemental briefing regarding plfs' 2 motion for a preliminary injunction on or before 11/18/2016. Responses to any supplemental briefs are due by 12/9/2016, as further set out in order. The 2 motion for a preliminary injunction will be taken under submission on the record and without oral argument on 12/9/2016; (3) As necessary after the court rules on plfs' motion for a preliminary injunction and any motions for judgment on the pleadings, an order will be entered that establishes a deadline for the parties to meet, confer, and file a report of parties' planning meeting in accordance with FRCP 26(f) and that sets a Rule 16 scheduling conference; (4) This lawsuit remains stayed except for the motions and briefing allowed by this order. Signed by Honorable Judge Susan Russ Walker on 11/2/2016. (wcl, ) (Entered: 11/02/2016)
|
Nov. 2, 2016
|
Nov. 2, 2016
PACER
|
59
|
SUPPLEMENTAL BRIEF/MEMORANDUM in Support re 2 MOTION for Preliminary Injunction, 58 Order, filed by June Ayers, Reproductive Health Services. (Beck, Andrew) Modified on 11/21/2016 to clarify the docket text and to add the link to the 2 motion (wcl, ). (Entered: 11/18/2016)
|
Nov. 18, 2016
|
Nov. 18, 2016
PACER
|
60
|
MOTION for Judgment on the Pleadings by June Ayers, Reproductive Health Services. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) (Entered: 11/18/2016)
|
Nov. 18, 2016
|
Nov. 18, 2016
PACER
|
61
|
BRIEF/MEMORANDUM in Support re 60 MOTION for Judgment on the Pleadings filed by June Ayers, Reproductive Health Services. (Beck, Andrew) Modified on 11/21/2016 to clarify the docket text and to add the link to the 60 motion (wcl, ). (Entered: 11/18/2016)
|
Nov. 18, 2016
|
Nov. 18, 2016
PACER
|
62
|
SUPPLEMENTAL BRIEF/MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Daryl D. Bailey, Luther Strange. (Attachments: # 1 Exhibit A - Decl. of Lloria James)(Parker, William) Modified on 11/21/2016 to clarify the docket text and to add the link to the 2 motion (wcl, ). (Entered: 11/18/2016)
|
Nov. 18, 2016
|
Nov. 18, 2016
PACER
|
63
|
MOTION for Judgment on the Pleadings & Supporting Brief by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 11/18/2016)
|
Nov. 18, 2016
|
Nov. 18, 2016
PACER
|
64
|
MOTION for Extension of Deadline from 12/9/16 to 12/14/16 and 12/16/16 to 12/21/16. The motion is unopposed and time sensitive. by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 12/07/2016)
|
Dec. 7, 2016
|
Dec. 7, 2016
PACER
|
65
|
TEXT ORDER granting 64 Unopposed, Time-Sensitive Motion to Extend Briefing Deadlines. Signed by Honorable Judge Susan Russ Walker on 12/8/2016. (No pdf attached to this entry) (wcl, ) (Entered: 12/08/2016)
|
Dec. 8, 2016
|
Dec. 8, 2016
PACER
|
66
|
BRIEF/MEMORANDUM in Opposition re 63 MOTION for Judgment on the Pleadings & Supporting Brief filed by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 12/14/2016)
|
Dec. 14, 2016
|
Dec. 14, 2016
PACER
|
67
|
BRIEF/MEMORANDUM in Opposition re 60 MOTION for Judgment on the Pleadings filed by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 12/14/2016)
|
Dec. 14, 2016
|
Dec. 14, 2016
PACER
|
68
|
RESPONSE in Opposition re 2 MOTION for Preliminary Injunction (Response to Plaintiffs' Supplemental Brief (Doc. 59)) filed by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 12/14/2016)
|
Dec. 14, 2016
|
Dec. 14, 2016
PACER
|
69
|
NOTICE of Appearance by Mary Mangan on behalf of Daryl D. Bailey, Luther Strange (Mangan, Mary) (Entered: 12/16/2016)
|
Dec. 16, 2016
|
Dec. 16, 2016
PACER
|
70
|
REPLY BRIEF re 60 MOTION for Judgment on the Pleadings filed by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 12/21/2016)
|
Dec. 21, 2016
|
Dec. 21, 2016
PACER
|
71
|
RESPONSE in Support re 63 MOTION for Judgment on the Pleadings & Supporting Brief (Defendants' Rule 12(c) Reply Brief) filed by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 12/21/2016)
|
Dec. 21, 2016
|
Dec. 21, 2016
PACER
|
72
|
NOTICE by Daryl D. Bailey, Luther Strange of substitution of party (Parker, William) (Entered: 04/21/2017)
|
April 21, 2017
|
April 21, 2017
PACER
|
73
|
MOTION to defer ruling on pending motions re 63 MOTION for Judgment on the Pleadings & Supporting Brief, 2 MOTION for Preliminary Injunction, 60 MOTION for Judgment on the Pleadings (until on or around May 23, 2017) filed by Daryl D. Bailey, Luther Strange. (Attachments: # 1 Exhibit A - HB539, introduced 4-20-2017, # 2 Exhibit B - SB376, introduced 4-20-2017)(Parker, William) (Entered: 04/21/2017)
|
April 21, 2017
|
April 21, 2017
PACER
|
74
|
TEXT ORDER: The plfs are DIRECTED to respond to the dfts' 73 motion to defer ruling on or before Monday, 5/8/2017. Signed by Honorable Judge Susan Russ Walker on 4/28/2017. (No pdf attached to this entry)(wcl, ) (Entered: 04/28/2017)
|
April 28, 2017
|
April 28, 2017
PACER
|
75
|
RESPONSE to Motion re 73 MOTION to defer ruling on pending motions re 63 MOTION for Judgment on the Pleadings & Supporting Brief, 2 MOTION for Preliminary Injunction, 60 MOTION for Judgment on the Pleadings (until on or around May 23, 2017) filed by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 05/04/2017)
|
May 4, 2017
|
May 4, 2017
PACER
|
76
|
NOTICE by June Ayers, Reproductive Health Services re 75 Response to Motion, 73 MOTION to defer ruling on pending motions re 63 MOTION for Judgment on the Pleadings & Supporting Brief, 2 MOTION for Preliminary Injunction, 60 MOTION for Judgment on the Pleadings (until on or around May 23, 2017) Notice Regarding Legislative Bills (Attachments: # 1 Exhibit Attachment 1 -- HB539, # 2 Exhibit Attachment 2 -- SB376)(Marshall, Randall) (Entered: 05/22/2017)
|
May 22, 2017
|
May 22, 2017
PACER
|
77
|
RESPONSE to Plaintiffs' 76 NOTICE Regarding Legislative Bills by Daryl D. Bailey, Luther Strange. (Attachments: # 1 Exhibit A - Unofficial Vote Count for final Senate passage of SB376, # 2 Exhibit B - House Special-Order Calendar for May 19, 2017)(Parker, William) Modified on 5/26/2017 to reflect actual title. (dmn, ) (Entered: 05/23/2017)
|
May 23, 2017
|
May 23, 2017
PACER
|
78
|
MOTION to Withdraw as Attorney (William G. Parker, Jr.) by Daryl D. Bailey, Luther Strange. (Parker, William) (Entered: 06/30/2017)
|
June 30, 2017
|
June 30, 2017
PACER
|
79
|
NOTICE by June Ayers, Reproductive Health Services re 2 MOTION for Preliminary Injunction, 60 MOTION for Judgment on the Pleadings Supplemental Authority (Attachments: # 1 Exhibit PPINK Preliminary Injunction)(Marshall, Randall) (Entered: 07/03/2017)
|
July 3, 2017
|
July 3, 2017
PACER
|
80
|
TEXT ORDER granting 78 Motion for William G. Parker, Jr. to Withdraw as Attorney. Signed by Honorable Judge Susan Russ Walker on 7/3/2017. (dmn, ) (NO PDF) (Entered: 07/03/2017)
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July 3, 2017
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July 3, 2017
PACER
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81
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NOTICE by Daryl D. Bailey, Luther Strange re 79 Notice (Other), (Response to Notice of Supplemental Authority) (Mangan, Mary) (Entered: 07/07/2017)
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July 7, 2017
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July 7, 2017
PACER
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82
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NOTICE by June Ayers, Reproductive Health Services re 2 MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Exhibit A)(Beck, Andrew) (Entered: 07/20/2017)
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July 20, 2017
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July 20, 2017
PACER
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83
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ORDERED that the Clerk of Court is DIRECTED to annotate the docket to reflect that, from 2/10/2017 forward, Steven T. Marshall, in his official capacity as Attorney General of the State of Alabama, is the correctly named dft and to terminate Senator Strange as a party to these proceedings; Hereafter, the caption of this case and all filings shall name Attorney General Marshall as a party dft. Signed by Honorable Judge Susan Russ Walker on 7/28/2017. (wcl, ) (Entered: 07/28/2017)
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July 28, 2017
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July 28, 2017
PACER
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84
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RESPONSE in Opposition re 82 Notice (Other) Supplemental Authority by Daryl D. Bailey, Steven T. Marshall. (Beckman, Kyle) (Entered: 07/28/2017)
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July 28, 2017
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July 28, 2017
PACER
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85
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MEMORANDUM OPINION, DECLARATORY JUDGMENT, AND ORDER: it is ORDERED as follows: 1) Plfs' 60 motion for judgment on the pleadings is GRANTED in the manner stated herein as to Count I of the 1 complaint and DENIED as to Counts II, III, and IV; Judgment is due to be entered in favor of the plfs as to Count I of the complaint; 2) Dfts' 63 motion for judgment on the pleadings is DENIED in the manner stated herein as to Count I of the plfs' 1 complaint and GRANTED as to Count II, III and IV; Counts II, III & IV of the plfs' complaint are due to be DISMISSED WITHOUT PREJUDICE; 3) Plfs' 2 motion for a preliminary injunction is DENIED as moot; 4) Plfs' prayer for permanent injunctive relief is due to be DISMISSED WITH PREJUDICE as moot; 5) Dfts' 73 motion to defer ruling is DENIED as moot; Furthermore, consistent with this memorandum opinion, it is ORDERED, ADJUDGED, and DECREED that the court DECLARES the following: 1) Plfs' challenge to Alabama Code 26-21-4(a) is moot because the parties and the court agree that the plain language of the Act exempts out-of-state minors from the parental consent requirement of Alabama Code 26-21-1 et seq; 2) The following portion of Alabama Code 26-21-4(c) is constitutional: "The court shall insure that the minor is given assistance in preparing and filing the petition. Such assistance may be provided by court personnel including intake personnel of juvenile probation services. The minor's identity shall be kept confidential, but her identity may be made known to the judge... [and] any appropriate court personnel.... Any person who is given the identity of the minor shall keep her name confidential and shall not give it to any other person[.]" The language of Alabama Code 26-21-4(c) that is not expressly set out above is unconstitutional and unenforceable, and it is severed from the statute; 3) The following provisions of the Act unconstitutionally and impermissibly impose an undue burden on a minor in Alabama who seeks an abortion through a judicial bypass, and they are adjudged to be unenforceable in their entirety: Alabama Code 26-21-4(i), (j), and (l); 4) Alabama Code 26-21-4(f) is unconstitutional to the extent that the bypass court is vested with the authority to "issue instanter subpoenas or otherwise permit any party or participant in the hearing to bring before the court admissible evidence or testimony either in support of or against the petition." Consistent with and in the manner discussed herein, see p. 48-49, infra, that portion of the statute is severed from the remainder; however, the severance in no way restricts the minor petitioner from access to any lawful and available means of meeting her burden of proof on a bypass petition. See Alabama Code 26-21-4(h); 5) Alabama Code 26-21-4(k) is unconstitutional to the extent that it permits any party to a bypass proceeding other than the minor petitioner "to obtain evidence, subpoena witnesses, or to obtain and present any evidence or information which will be necessary and appropriate for the court to make an informed decision." That portion is severed from the remainder of the statute; 6) Because the court holds herein that the Act unconstitutionally adds parties other than the minor petitioner i.e., the District Attorney, a guardian ad litem for the fetus, and the parent, parents, or legal guardian of the minor petitioner without adequate safeguards to ensure the minor petitioner's anonymity, the provisions of the Act that allow for any actions to be taken by those additional parties are a nullity. Therefore, Alabama Code 26-21-4(e) & (n) are unconstitutional and unenforceable insofar as those sections permit parties other than the minor petitioner to take actions related to the judicial bypass proceeding, and they are severed from the remainder of the statutes. Signed by Honorable Judge Susan Russ Walker on 7/28/2017. (wcl, ) (Entered: 07/28/2017)
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July 28, 2017
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July 28, 2017
Clearinghouse
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86
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ORDER AND FINAL JUDGMENT: it is ORDERED, ADJUDGED and DECREED as follows: 1) Judgment is hereby entered in favor of the plfs as to Count I of the complaint; 2) Counts II, III & IV of the plfs' complaint are hereby DISMISSED WITHOUT PREJUDICE; 3) Plfs' prayer for permanent injunctive relief is DISMISSED WITH PREJUDICE as moot; 4) The Clerk of Court is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Susan Russ Walker on 7/28/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, ). (Entered: 07/28/2017)
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July 28, 2017
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July 28, 2017
PACER
|
87
|
NOTICE OF APPEAL as to 85 Memorandum Opinion and Order, Terminate Motions, 86 Judgment, 52 Memorandum Opinion and Order, Terminate Motions, Set Deadlines, by Daryl D. Bailey, Steven T. Marshall (Mangan, Mary) (Entered: 08/08/2017)
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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88
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Appeal Instructions sent to Mary K. Mangan counsel for Defendants Steven T. Marshall, Alabama Attorney General, and Daryl D. Bailey, District Attorney of Montgomery County, Alabama re 87 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (ydw, ) (Entered: 08/08/2017)
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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89
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Transmission of Notice of Appeal, 1 Complaint, 2 MOTION for Preliminary Injunction, 60 MOTION for Judgment on the Pleadings, 63 MOTION for Judgment on the Pleadings, 73 MOTION to defer ruling on pending motions, 85 Memorandum Opinion and Order, 86 Judgment, and Docket Sheet to US Court of Appeals re 87 Notice of Appeal. (Attachments: # 1 APPEAL PACKAGE)(ydw, ) (Entered: 08/08/2017)
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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90
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USCA Appeal Fees received $ 505.00 receipt number 4602046354 re 87 Notice of Appeal filed by Steven T. Marshall, Daryl D. Bailey. (ydw, ) (Entered: 08/09/2017)
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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91
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MOTION for Attorney Fees by June Ayers, Reproductive Health Services. (Beck, Andrew) (Entered: 08/09/2017)
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Aug. 9, 2017
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Aug. 9, 2017
PACER
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92
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USCA Case Number 17-13561-A for 87 Notice of Appeal filed by Steven T. Marshall, Daryl D. Bailey. (ydw, ) (Entered: 08/09/2017)
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Aug. 9, 2017
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Aug. 9, 2017
PACER
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93
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BILL OF COSTS by June Ayers, Reproductive Health Services. (Beck, Andrew) (Main Document 93 replaced on 8/10/2017) (dmn, ). Modified on 8/10/2017 to replace pdf with properly formatted pdf only, no text modified. (dmn, ) (Main Document 93 replaced on 8/14/2017) (wcl, ). Modified on 8/14/2017 to replace the properly formatted pdf only as it was published with the ECF header - no other changes were made (qc/wcl, ). (Entered: 08/09/2017)
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Aug. 9, 2017
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Aug. 9, 2017
PACER
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94
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(VACATED PURSUANT TO THE COURT'S TEXT ORDER (DOC # 100)) TEXT ORDER directing the plf's shall file, by 11/10/17, a brief and and exhibits in support of the 91 MOTION for Attorney Fees and costs; Defs are directed to file a response to the motion on or before 12/11/17; Thereafter, the motion will be taken under submission; A hearing may be set by a separate order.. Signed by Honorable Judge Susan Russ Walker on 8/9/17. (NO PDF Document attached to this notice (djy, ) Modified on 8/9/2017 to clarify text to reflect as a TEXT ORDER with NO PDF document attached to this notice) (qc/djy, ). Modified on 8/17/2017 (wcl, ). (Entered: 08/09/2017)
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Aug. 9, 2017
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Aug. 9, 2017
PACER
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95
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NOTICE of Appearance by Laura Elizabeth Howell on behalf of Daryl D. Bailey, Steven T. Marshall (Howell, Laura) (Entered: 08/10/2017)
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Aug. 10, 2017
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Aug. 10, 2017
PACER
|
96
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NOTICE of Appearance by James William Davis on behalf of Daryl D. Bailey, Steven T. Marshall (Davis, James) (Entered: 08/10/2017)
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Aug. 10, 2017
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Aug. 10, 2017
PACER
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97
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MOTION to Withdraw as Attorney by Mary Mangan by Daryl D. Bailey, Steven T. Marshall. (Mangan, Mary) (Entered: 08/11/2017)
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Aug. 11, 2017
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Aug. 11, 2017
PACER
|
98
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TEXT ORDER granting 97 Motion to Withdraw as Attorney for Mary Mangan. Signed by Honorable Judge Susan Russ Walker on 8/14/2017. (No pdf attached to this entry) (wcl, ) (Entered: 08/14/2017)
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Aug. 14, 2017
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Aug. 14, 2017
PACER
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99
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MOTION to Stay re 91 MOTION for Attorney Fees (unopposed) by Daryl D. Bailey, Steven T. Marshall. (Davis, James) (Entered: 08/15/2017)
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Aug. 15, 2017
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Aug. 15, 2017
PACER
|
100
|
TEXT ORDER: upon consideration, and for good cause, the dfts' 99 motion to stay resolution of the plfs' 91 motion for attorney's fees and costs is GRANTED. The text order entered on 8/9/2017 (Doc. 94) is VACATED. Signed by Honorable Judge Susan Russ Walker on 8/16/2017. (No pdf attached to this entry) (wcl, ) (Entered: 08/17/2017)
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Aug. 16, 2017
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Aug. 16, 2017
PACER
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