Case: Hopkins v. Jegley

4:17-cv-00404 | U.S. District Court for the Eastern District of Arkansas

Filed Date: June 20, 2017

Closed Date: July 13, 2022

Clearinghouse coding complete

Case Summary

This is a case challenging abortion restrictions in Arkansas. On June 20, 2017, a board-certified obstetrician-gynecologist and abortion provider filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. The plaintiff sued Arkansas under 42 U.S.C. § 1983, alleging violations of the Fourteenth Amendment's due process clause. Represented by the American Civil Liberties Union Foundation, the Center for Reproductive Rights, and a cooperating attorney from the ACLU of Arkan…

This is a case challenging abortion restrictions in Arkansas. On June 20, 2017, a board-certified obstetrician-gynecologist and abortion provider filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. The plaintiff sued Arkansas under 42 U.S.C. § 1983, alleging violations of the Fourteenth Amendment's due process clause. Represented by the American Civil Liberties Union Foundation, the Center for Reproductive Rights, and a cooperating attorney from the ACLU of Arkansas, the plaintiff sought a preliminary injunction, a permanent injunction, a declaratory judgment, and attorneys' fees and costs. The plaintiff argued that enforcement of the challenged laws threatened to infringe upon a woman's constitutionally protected right to access abortion care. He also contended that some of the laws infringed on patients' privacy rights, and that some were unconstitutionally vague. 

The challenged laws in this case involved four abortion restrictions. The first banned the safest and most common method of second-trimester abortion, which is sometimes referred to in the medical profession as "dilation and evacuation." The second required that the abortion provider obtain medical records related to the patient's "entire pregnancy history" before conducting the abortion. The third conditioned abortion care for 14- to 16-year-olds on disclosure to local law enforcement and preservation of tissue from the abortion as "evidence." The fourth required specific procedures to be performed for disposal of embryonic and fetal tissue.

On July 28, 2017, Judge Kristine G. Baker granted the plaintiff a preliminary injunction against these restrictions. Judge Baker relied on the Supreme Court's decision in Whole Woman's Health v. Hellerstedt to conclude that the undue burden analysis required her to consider the burdens a law imposes on abortion access together with the benefits those laws confer. Judge Baker held that the laws would unduly burden women in their right to abortion if enacted. She also held that the law enforcement disclosure requirements infringed on patients' privacy rights, and that the medical records and tissue disposal requirements were unconstitutionally vague. 267 F. Supp. 3d 1024.

About a month later, on August 25, the defendants appealed the order granting the preliminary injunction to the United States Court of Appeals for the Eighth Circuit. Nearly three years later, on August 7, 2020, the Eighth Circuit vacated the lower court's order based on a recent Supreme Court decision, June Medical Services L. L. C. v. Russo, 140 S.Ct. 2103 (2020). June Medical established that the undue burden standard does not require courts to weigh the law's asserted benefits against the burdens it imposes on abortion access. June Medical also established that courts must afford wide discretion to legislatures in areas of medical uncertainty. Applying June Medical, the Eighth Circuit vacated the preliminary injunction and remanded for reconsideration based upon the new standards. 968 F. 3d 912.

Two weeks later, on August 21, the plaintiff asked the Eighth Circuit to rehear the case, or for the entire court to the rehear the case en banc. The court denied the petition two months later, on December 15.

Following the Eighth Circuit's order, on December 22, 2020, Judge Baker vacated the initial preliminary injunction. That same day, the plaintiff filed an amended complaint, which again sought preliminary relief. Also on that same day, Judge Baker issued a temporary restraining order, concluding again that women would be unduly burdened in their right to abortion if the laws were enforced, and that this threatened harm outweighed any damage of harm the temporary restraining order could cause to the defendants. 508 F. Supp. 3d 361. A few weeks later, on January 5, Judge Baker granted the plaintiff a second preliminary injunction against the restrictions. 510 F. Supp. 3d 638.

Two days later, on January 7, the defendants appealed the second preliminary injunction to the Eighth Circuit, and filed a motion for a stay in the lower court while the case was appealed. Later that month, on January 25, Judge Baker denied the defendants' motion to stay the preliminary injunction. In re-examining each of the factors for granting a preliminary injunction, Judge Baker concluded that the defendants had failed to meet their burden for a stay.

On May 26, 2021, the Eighth Circuit granted the defendants' unopposed motion to hold the appeal in abeyance pending the decision of the Supreme Court of the United States in Dobbs v. Jackson Women's Health Organization.

Over a year later, on June 24, 2022, the Supreme Court released its Dobbs decision, which overturned Roe v. Wade and held that the Constitution does not protect the right to an abortion. A week later, on July 5, the plaintiff filed a motion for voluntary dismissal in light of Dobbs. The Eighth Circuit agreed, and on July 12, summarily vacated the preliminary injunction. 2022 WL 18228718. The next day, on July 13, Judge Baker dismissed the claims without prejudice and denied all pending motions.

The case was closed on July 13, 2022.

Summary Authors

Michelle Wolk (2/16/2022)

Micah Pollens-Dempsey (4/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60435888/parties/hopkins-v-jegley/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Attorney for Plaintiff

Amiri, Brigitte (Arkansas)

Brownstein, Bettina E. (Arkansas)

Attorney for Defendant

Baugh, Monty Vaughan (Arkansas)

Bronni, Nicholas J. (Arkansas)

show all people

Documents in the Clearinghouse

Document
1

4:17-cv-00404

Complaint

Hopkins, M.D., M.P.H. v. Jegley

June 20, 2017

June 20, 2017

Complaint
35

4:17-cv-00404

Preliminary Injunction Order

Hopkins, M.D., M.P.H. v. Jegley

July 28, 2017

July 28, 2017

Order/Opinion

267 F.Supp.3d 267

4:17-cv-00404

17-02879

Opinion

Hopkins, M.D., M.P.H. v. Jegley

U.S. Court of Appeals for the Eighth Circuit

Aug. 7, 2020

Aug. 7, 2020

Order/Opinion

968 F.3d 968

83

4:17-cv-00404

Temporary Restraining Order After Remand

Hopkins, M.D., M.P.H. v. Jegley

Dec. 22, 2020

Dec. 22, 2020

Order/Opinion

508 F.Supp.3d 508

80

4:17-cv-00404

Order

Hopkins, M.D., M.P.H. v. Jegley

Dec. 22, 2020

Dec. 22, 2020

Order/Opinion
82

4:17-cv-00404

First Amended Complaint

Hopkins, M.D., M.P.H. v. Jegley

Dec. 22, 2020

Dec. 22, 2020

Complaint
97

4:17-cv-00404

Preliminary Injunction Order after Remand

Hopkins, M.D., M.P.H. v. Jegley

Jan. 5, 2021

Jan. 5, 2021

Order/Opinion

510 F.Supp.3d 510

110

4:17-cv-00404

Order

Hopkins, M.D., M.P.H. v. Jegley

Jan. 25, 2021

Jan. 25, 2021

Order/Opinion

2021 WL 2021

4:17-cv-00404

Order

July 13, 2022

July 13, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60435888/hopkins-v-jegley/

Last updated April 29, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all Defendants filed by Frederick W Hopkins. (Fee $400. Receipt Number LIT062413.) No summons issued. (Attachments: # 1 Civil Cover Sheet)(mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

Clearinghouse
2

PLAINTIFF'S MOTION for Preliminary Injunction or in the alternative Motion for Temporary Restraining Order filed by Frederick W Hopkins. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
3

PLAINTIFF'S BRIEF IN SUPPORT of 2 Motion for Preliminary Injunction or in the alternative a Temporary Restraining Order filed by Frederick W Hopkins. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
4

DECLARATION of Mark D. Nichols, M.D., in Support of 2 Motion for Preliminary Injunction or in the alternative a Temporary Restraining Order filed by Frederick W Hopkins. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
5

DECLARATION of Frederick W. Hopkins, M.D., M.P.H., in Support of 2 Motion for Preliminary Injunction or in the alternative a Temporary Restraining Order filed by Frederick W Hopkins. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
6

DECLARATION of Lori Williams, M.S.N., A.P.R.N., in Support of 2 Motion for Preliminary Injunction or in the alternative a Temporary Restraining Order filed by Frederick W Hopkins. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
7

MOTION for Leave to Appear pro hac vice by Ruth E Harlow filed by Frederick W Hopkins. Fee $100 received. Receipt Number LIT062414. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
8

MOTION for Leave to Appear pro hac vice by Elizabeth K Watson filed by Frederick W Hopkins. Fee $100 received. Receipt Number LIT062414. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
9

MOTION for Leave to Appear pro hac vice by Susan Talcott Camp filed by Frederick W Hopkins. Fee $100 received. Receipt Number LIT062414. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
10

MOTION for Leave to Appear pro hac vice by Hillary Sneller filed by Frederick W Hopkins. Fee $100 received. Receipt Number LIT062412. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
11

ORDER directing the Clerk of the Court to randomly reassign this case to another district judge. Signed by Judge Billy Roy Wilson on 6/20/2017. (mef) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
12

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 11 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker on 6/20/2017. (scw) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
13

NOTICE of Hearing on Motion 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order: Motion Hearing set for 7/13/2017 at 02:00 PM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. (tmw) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
14

ORDER granting 7, 8, 9, 10 motions to admit Ms. Harlow, Ms. Watson, Ms. Camp, and Ms. Schneller pro hac vice pursuant to Local Rule 83.5. They shall appear as counsel of record for Dr. Hopkins. Signed by Judge Kristine G. Baker on 6/26/2017. (mef) Additional attachment added on 6/27/2017: # 1 Main Document - Correct. (kbc) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
15

NOTICE OF DOCKET CORRECTION re 14 Order. CORRECTION: The original document was submitted in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to 14 and hereto for review/service by the parties. (kbc) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
16

MOTION for Extension of Time to File Response/Reply by All Defendants (Baugh, Monty) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
17

ORDER granting 16 motion for extension of time. Defendants have up to 12:00 p.m. CST on 7/11/2017 to file their response to Dr. Hopkins's motion for preliminary injunction and their supporting affidavits and Dr. Hopkins will have up to and including 7/20/2017 to file his reply brief in support of his motion for preliminary injunction. Signed by Judge Kristine G. Baker on 6/29/2017. (mef) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
18

NOTICE of Appearance by Nicholas J Bronni on behalf of All Defendants (Baugh, Monty) (Docket text modified on 7/7/2017 to correct the attorney entering appearance). (jak) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER

NOTICE OF DOCKET CORRECTION re 18 Notice of Appearance. CORRECTION: The docket text was modified to correct the attorney entering appearance for All Defendants as Nicholas J. Bronni as marked on the document. (jak)

July 7, 2017

July 7, 2017

PACER
19

NOTICE of Appearance by Michael Cantrell on behalf of All Defendants (Cantrell, Michael) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
20

NOTICE of Appearance by Jennifer L. Merritt on behalf of All Defendants (Cantrell, Michael)(Docket text modified on 7/10/2017 to correct the attorney entering appearance). (jak) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

NOTICE OF DOCKET CORRECTION re 20 Notice of Appearance. CORRECTION: The docket text was modified to correct the attorney entering appearance as Jennifer L. Merritt as marked on the document. (jak)

July 10, 2017

July 10, 2017

PACER
21

MOTION to Dismiss by All Defendants (Cantrell, Michael) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
22

BRIEF IN SUPPORT re 21 Motion to Dismiss filed by All Defendants. (Cantrell, Michael) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
23

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Exhibit 1--Carhart v. Stenberg Transcript, # 2 Exhibit 2--Article (What About Us), # 3 Exhibit 3--Article (Why I No Longer Do Abortions), # 4 Exhibit 4--Article (Recent Advances 2d Trimester), # 5 Exhibit 5--Article (Two Doses of Digoxin), # 6 Exhibit 6--Article (Induction of Fetal Demise), # 7 Exhibit 7--Article (Potassium Chloride-Induced), # 8 Exhibit 8--Article (Surgical Abortion 2d Trimester), # 9 Exhibit 9--Article (Potassium Chloride as Feticide), # 10 Exhibit 10--Article (Digoxin to Induce Fetal Demise), # 11 Exhibit 11--Article (Relationship of Digoxin to Fetal Demise), # 12 Exhibit 12--Article (Laminaria, Fetal Demise), # 13 Exhibit 13--Article (Umbilical Cord Transection), # 14 Exhibit 14--Article (Safety of Digoxin Before Abortion), # 15 Exhibit 15--Biggio Declaration)(Cantrell, Michael) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
24

NOTICE of Appearance by Monty Vaughan Baugh on behalf of All Defendants (Baugh, Monty) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
25

ADDENDUM filed by Omar T Atiq, Robert Breving, Jr, Steven L Cathey, Bob E Cogburn, William F Dudding, Veryl D Hodges, Marie Holder, Larry Jegley, Larry D Lovell, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs, John B Weiss to 23 Response in Opposition to Motion. (Attachments: # 1 Exhibit 16--Digoxin FDA Prescribing Info, # 2 Exhibit 17--Law Enforcement Code of Ethics, # 4 Exhibit 19--Wyatt Declaration, # 5 Exhibit 20--Article (Mortality Pregnancy Outcomes), # 6 Exhibit 21--Reardon Comment re: Mortality, # 7 Exhibit 22--Article (Fetal Remains Spokesman-Review), # 8 Exhibit 23--Article (Fetal Remains NYTimes), # 9 Exhibit 24--Article (DNA Match Fetal Remains Patch), # 10 Exhibit 25--Article (Conviction 10 yrs Later StarTribune), # 11 Exhibit 26--Ark. Child Maltreatment DHS Statistics, # 12 Exhibit 27--Parker Declaration, # 13 Exhibit 28--Article (Feasibility of Digoxin Prior to D&E), # 14 Exhibit 29--Sealed Exhibit 1 (Redacted), # 15 Exhibit 30--Sealed Exhibit 2 (Redacted), # 16 Exhibit 31--Sealed Exhibit 3 (Redacted))(Cantrell, Michael) (# 17 Redacted Exhibit 18 - Hopkins License File was substituted as an attachment on 7/11/2017 at the request of the filing party and pursuant to instructions from Chambers.) (thd). (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
26

ORDER authorizing Talcott Camp, Ruth Harlow, Elizabeth Watson, and Hillary Schneller to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas during the week of 7/10/2017 for a hearing. Signed by Judge Kristine G. Baker on 7/11/2017. (mef) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
27

SEALED Document (jap) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
28

NOTICE OF DOCKET CORRECTION re: 25 Addendum to Response to Motion for Preliminary Injunction and Motion for Temporary Restraining Order. CORRECTION: The redacted Exhibit 18 was substituted as an attachment to docket entry 25 based on the attached request and pursuant to instructions from Chambers. (thd) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
29

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 7/13/2017 re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Frederick W Hopkins. After arguments from counsel, the Court took the matter under advisement; A written order will be entered. (Present for Plaintiff: S. Camp, R. Harlow, E. Watson, B. Brownstein, H. Schneller; Present for Defendants: N. Bronni, M. Baugh, J. Merritt, M. Cantrell) (Court Reporter Elaine Hinson) (tmw) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
30

ORDER regarding Defendants' exhibit to their response to 2 Frederick W. Hopkins, M.D., M.P.H.'s motion for a preliminary injunction or in the alternative a temporary restraining order. Signed by Judge Kristine G. Baker on 7/14/2017. (Attachments: # 1 Exhibit)(mef) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
31

NOTICE by All Defendants of Supplemental Authority (Attachments: # 1 Exhibit A - Amended Rule)(Cantrell, Michael) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
32

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Frederick W Hopkins. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Watson, Elizabeth) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
33

RESPONSE in Opposition re 21 MOTION to Dismiss filed by Frederick W Hopkins. (Harlow, Ruth) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
34

NOTICE by All Defendants of Supplemental Authority (Baugh, Monty) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
35

PRELIMINARY INJUNCTION ORDER: The Court determines that Dr. Hopkins has met his burden for the issuance of preliminary injunctions for the challenged Mandates. Therefore, the Court grants Dr. Hopkins's 2 Motion for preliminary injunction. Further, Defendants are enjoined from failing to notify immediately all state officials responsible for enforcing these requirements, about the existence and requirements of this preliminary injunction. This preliminary injunction remains in effect until further order from this Court. Signed by Judge Kristine G. Baker on 7/28/2017. (jak)[VACATED PURSUANT TO 80 ORDER] (jak) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

Clearinghouse
36

ORDER. The Court writes to clarify certain citations in its 35 previous Order. Signed by Judge Kristine G. Baker on 8/2/2017. (mef) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
37

TRANSCRIPT of Motion Hearing held on July 13, 2017, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 8/11/2017. Redaction Request due 8/25/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 11/2/2017. (fcd) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
38

NOTICE OF APPEAL as to 36 Order, 35 Preliminary Injunction,, by Omar T Atiq, Robert Breving, Jr, Steven L Cathey, Bob E Cogburn, William F Dudding, Veryl D Hodges, Marie Holder, Larry Jegley, Larry D Lovell, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs, John B Weiss. (Attachments: # 1 Exhibit A - Preliminary Injunction Order, # 2 Exhibit B - Order Clarifying Citations)(Cantrell, Michael) (Additional attachment(s) added on 9/23/2021: # 3 Exhibit B - Correct) (jak). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
39

USCA Appeal Fees received $ 505 receipt number LIT063358 re 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, and John H Scribner. (mcz) (Docket text modified on 8/28/2017 to correct a typographical error) (jak) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
40

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 38 Notice of Appeal filed by all Defendants re: 35 Preliminary Injunction and 36 Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
41

USCA Docketing Letter and Briefing Schedule as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, and John H Scribner. USCA Case Number 17-2879. Transcript due by 10/10/2017. (mcz) (Entered: 08/29/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
42

TRANSCRIPT REQUEST by Omar T Atiq, Robert Breving, Jr, Steven L Cathey, Bob E Cogburn, William F Dudding, Veryl D Hodges, Marie Holder, Larry Jegley, Larry D Lovell, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs, John B Weiss re 38 Notice of Appeal, (Cantrell, Michael) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
43

Transmitted Record on Appeal to US Court of Appeals re 38 Notice of Appeal: Copy of 7/13/2017 Transcript of Motion Hearing (Docket entry 37 ). (mcz) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
44

MOTION to Withdraw as Attorney Relieve Co-Counsel by All Defendants (Merritt, Jennifer) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
45

ORDER granting 44 motion to relieve co-counsel; and relieving Monty Vaughan Baugh as counsel for defendants. Signed by Judge Kristine G. Baker on 9/27/2019. (cmn) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
46

ORDER of USCA as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, John H Scribner: This appeal will be held in abeyance pending the disposition of June Medical Services, L.L.C. v. Russo, No. 18-1323, consolidated with Russo v. June Medical Services L.L.C., No. 18-1460. (ajt) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
47

MOTION to Withdraw as Attorney Susan Talcott Camp by All Plaintiffs (Camp, Susan) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
48

ORDER granting 47 motion to withdraw counsel; and relieving Ms. Camp as counsel for plaintiff in this matter. Signed by Judge Kristine G. Baker on 5/14/2020. (jbh) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
49

OPINION of USCA as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, John H Scribner. (ajt) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
50

USCA JUDGMENT as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, John H Scribner: It is hereby ordered and adjudged the judgment of the district court in this cause is vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (ajt) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
51

NOTICE of Appearance by Brooke-Augusta Ware on behalf of All Plaintiffs (Ware, Brooke-Augusta) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
52

ORDER of USCA as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, John H Scribner: The petition for rehearing en banc is denied. The petition for panel rehearing is also denied. (ajt) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
53

MOTION for Leave to Appear pro hac vice by Brigitte Amiri. Fee $100 receipt number AAREDC-3889825. Filed by Frederick W Hopkins (Brownstein, Bettina) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
54

MOTION for Leave to Appear pro hac vice by Alexa Kolbi-Molinas. Fee $100 receipt number AAREDC-3889875. Filed by Frederick W Hopkins (Brownstein, Bettina) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
55

NOTICE of Appearance by Vincent Moore Wagner on behalf of All Defendants (Wagner, Vincent) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
56

ORDER granting 53, 54 motions to admit Brigitte Amiri and Alexa Kolbi-Molinas pro hac vice as counsel of record for the plaintiff Frederick W. Hopkins. Signed by Judge Kristine G. Baker on 12/16/2020. (jbh) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
57

MOTION for Leave to Appear pro hac vice by Jenny Ma. Fee $100 receipt number AAREDC-3890118. Filed by Frederick W Hopkins (Schneller, Hillary) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
58

MOTION for Leave to Appear pro hac vice by Arielle Humphries. Fee $100 receipt number AAREDC-3890124. Filed by Frederick W Hopkins (Schneller, Hillary) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
59

ORDER granting 57, 58 motions to admit Jenny Ma and Arielle Humphries pro hac vice as counsel of record for the plaintiff Frederick W. Hopkins. Signed by Judge Kristine G. Baker on 12/17/2020. (jbh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
60

MOTION for Leave to Appear pro hac vice by Leah Godesky. Fee $100 receipt number AAREDC-3892742. Filed by Frederick W Hopkins (Attachments: # 1 Declaration of Leah Godesky in Support)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
61

MOTION for Leave to Appear pro hac vice by Kendall Turner. Fee $100 receipt number AAREDC-3892763. Filed by Frederick W Hopkins (Attachments: # 1 Declaration of Kendall Turner in Support)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
62

MOTION for Leave to Appear pro hac vice by Sara Pahlavan. Fee $100 receipt number AAREDC-3892782. Filed by Frederick W Hopkins (Attachments: # 1 Declaration of Sara Pahlavan)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
63

MOTION for Leave to Appear pro hac vice by David Cohen. Fee $100 receipt number AAREDC-3892794. Filed by Frederick W Hopkins (Attachments: # 1 Declaration of David Cohen in Support)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
64

MOTION for Leave to Appear pro hac vice by Christopher P. Burke. Fee $100 receipt number AAREDC-3892825. Filed by Frederick W Hopkins (Attachments: # 1 Declaration of Christopher P. Burke)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
65

MOTION for Leave to File / Plaintiff Dr. Frederick W. Hopkins's and Little Rock Family Planning Services's Motion for Expedited Leave to File a First Amended Complaint by Frederick W Hopkins (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
66

BRIEF IN SUPPORT re 65 Motion for Leave to File, filed by Frederick W Hopkins. (Brownstein, Bettina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
67

ORDER shortening the time defendants have to respond to the 65 motion for expedited leave to file a first amended complaint. If they choose to do so, defendants must respond on or before 2:00 p.m. Central Standard Time on Monday, 12/21/2020, to the motion for expedited leave to file a first amended complaint. The Court sets a telephonic hearing for 1:00 p.m. Central on Tuesday, 12/22/2020, to address the status of this matter. The Court will send to all counsel of record by electronic mail message call-in information for the telephonic hearing. Signed by Judge Kristine G. Baker on 12/21/2020. (jbh) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
68

ORDER granting 60, 61, 62, 63, 64 motions to admit Leah Godesky, Kendall Turner, Sara Pahlavan, David Cohen, and Christopher P. Burke pro hac vice as counsel of record for the plaintiff Frederick W. Hopkins. Signed by Judge Kristine G. Baker on 12/21/2020. (jbh) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
69

MOTION for Temporary Restraining Order by Frederick W Hopkins (Attachments: # 1 Exhibit Ex. 1 - Decl. of R. Harlow, # 2 Exhibit Ex. 2 - Decl. of L. Williams, # 3 Exhibit Ex. 3 - Decl. of M. Nichols)(Brownstein, Bettina) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
70

BRIEF IN SUPPORT re 69 Motion for TRO filed by Frederick W Hopkins. (Brownstein, Bettina) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
71

ORDER notifying the parties of its intent during the telephonic hearing to also address plaintiff Dr. Frederick W. Hopkins and proposed plaintiff Little Rock Family Planning Services' 69 motion for ex parte temporary restraining order. The Court will send to all counsel of record by electronic mail message call-in information for the telephonic hearing. Signed by Judge Kristine G. Baker on 12/21/2020. (jbh) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
72

RESPONSE in Opposition re 65 MOTION for Leave to File / Plaintiff Dr. Frederick W. Hopkins's and Little Rock Family Planning Services's Motion for Expedited Leave to File a First Amended Complaint filed by All Defendants. (Wagner, Vincent) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
73

MOTION for Preliminary Injunction by Frederick W Hopkins (Attachments: # 1 Exhibit Ex. 1 - Decl. of M. Nichols, # 2 Exhibit Ex. 2 - Decl. of W. Parker, # 3 Exhibit Ex. 3 - Decl. of L. Williams, # 4 Exhibit Ex. 4 - Decl. of S. Katz, # 5 Exhibit Ex. 5 - Decl. of L. Ralph, # 6 Exhibit Ex. 6 - Jane Doe 2, # 7 Exhibit Ex. 7 - Jane Doe 3, # 8 Exhibit Ex. 8 - Jane Doe 1, # 9 Exhibit Ex. 9 - K. Wenstrom, # 10 Exhibit Ex. 10 - Jane Doe 4, # 11 Exhibit Ex. 11 - Jane Doe 5)(Brownstein, Bettina) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
74

BRIEF IN SUPPORT re 73 Motion for Preliminary Injunction,, filed by Frederick W Hopkins. (Brownstein, Bettina) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
75

MOTION to Strike 73 MOTION for Preliminary Injunction, 74 Brief in Support by All Defendants (Wagner, Vincent) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
76

MANDATE of USCA in accordance with the opinion and judgment of 08/07/2020 as to 38 Notice of Appeal, filed by Omar T Atiq, Marie Holder, Veryl D Hodges, Robert Breving, Jr, Bob E Cogburn, Larry D Lovell, Sylvia D Simon, Larry Jegley, William L Rutledge, David L Staggs, Steven L Cathey, John B Weiss, William F Dudding, John H Scribner. (ajt) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
77

NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
78

RESPONSE in Opposition re 69 MOTION for Temporary Restraining Order filed by All Defendants. (Wagner, Vincent) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
79

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 12/22/2020 re 69 MOTION for Temporary Restraining Order filed by Frederick W Hopkins. Court convened via telephone; After arguments from counsel, the Court took the matter under advisement. A separate order will be issued. (Present for plaintiff: Ruth Harlow, Bettina Brownstein, Lea Godesky, Brigitte Amiri, Elizabeth Watson, Hillary Schneller and Brooke Ware; Present for defendants: Nicholas Bronni, Dylan Jacobs, Michael Cantrell, and Vincent Wagner) (Court Reporter Elaine Hinson) (tmw) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
80

ORDER vacating 35 preliminary injunction. Signed by Judge Kristine G. Baker on 12/22/2020. (jbh) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

Clearinghouse
81

ORDER granting 65 motion for expedited leave to file a first amended complaint; directing Proposed Plaintiffs to file their amended complaint by 5:00 p.m. on the date of this Order; and denying as moot 21 motion to dismiss. Signed by Judge Kristine G. Baker on 12/22/2020. (jbh) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
82

AMENDED COMPLAINT (First Amended Complaint) against all Defendants filed by Frederick W Hopkins and Little Rock Family Planning Services Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Godesky, Leah) (Docket entry modified on 12/23/2020 to correct the party filers and to indicate the document is filed against "all Defendants".) (thd). (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

Clearinghouse
83

TEMPORARY RESTRAINING ORDER AFTER REMAND granting 69 Dr. Hopkins and LRFP's motion for temporary restraining order as set forth in this Order. This temporary restraining order shall not exceed 14 days from the date of entry of this Order and shall expire by its own terms on Tuesday 1/5/2021 at 5:00 p.m. unless the Court extends it. Signed by Judge Kristine G. Baker on 12/22/2020. (thd) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

Clearinghouse
84

MOTION for Protective Order (Plaintiffs' Motion for Leave to Use a Pseudonym and for a Protective Order) by Frederick W Hopkins (Godesky, Leah) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
85

BRIEF IN SUPPORT re 84 Motion for Protective Order filed by Frederick W Hopkins. (Godesky, Leah) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
86

ORDER shortening the time plaintiffs have to respond to 75 defendants' motion to strike. If they choose to do so, plaintiffs must respond on or before 5:00 p.m. Central Standard time on Wednesday, 12/23/2020. Signed by Judge Kristine G. Baker on 12/23/2020. (jbh) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
87

ORDER setting the following briefing schedule on 73 plaintiffs' motion for preliminary injunction: Defendants' response to plaintiffs' motion - if they choose to file one - is due on or before 5:00 p.m. Central Standard time on Monday, 12/28/2020; Plaintiffs' reply to defendants' response - if they choose to file one - is due on or before 5:00 p.m. Central Standard time on Wednesday, 12/30/2020; the Court will conduct a telephone hearing at 10:00 a.m. Central Standard time on Monday, 1/4/2021, on plaintiffs' motion. Signed by Judge Kristine G. Baker on 12/23/2020. (jbh) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
88

ORDER notifying the parties of the Court's intent that the briefing schedule and telephonic hearing address the 83 temporary restraining order that is currently set to expire at 5:00 p.m. on Tuesday, 1/5/2021, and the 73 plaintiffs' motion for a second preliminary injunction and/or temporary restraining order. The Court has under advisement the defendants' 75 motion to strike the plaintiff's motion for a second preliminary injunction and request for expedited consideration. Signed by Judge Kristine G. Baker on 12/23/2020. (jbh) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

NOTICE OF DOCKET CORRECTION re 82 Amended Complaint. CORRECTION: The docket entry was modified to correct the party filers and to indicate the document is filed "against all Defendants". (thd)

Dec. 23, 2020

Dec. 23, 2020

PACER
89

RESPONSE in Opposition re 75 MOTION to Strike 73 MOTION for Preliminary Injunction, 74 Brief in Support filed by All Plaintiffs. (Amiri, Brigitte) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
90

ORDER granting 84 motion for leave to use a pseudonym and for a protective order; granting Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, and Jane Doe 5 leave to appear pseudonymously in this matter; and granting a protective order maintaining the confidentiality of their real names and other identifying information. Signed by Judge Kristine G. Baker on 12/23/2020. (jbh) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
91

TRANSCRIPT of Telephone Conference held on 12/22/2020, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 1/4/2021. Redaction Request due 1/19/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/29/2021. (fcd) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
92

RESPONSE in Opposition re 73 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit 2020-01 Violence, Crime, and Abuse Exposure in a National Sample of Children and Youth, # 2 Exhibit 2020-02 Victimizations Not Reported to Police 2006-2010, # 3 Exhibit 2020-03 Sex Trafficking of Women in the United States, # 4 Exhibit 2020-04 Human trafficking cases increase in Arkansas, but not convictions, # 5 Exhibit 2020-05 Federal Human Trafficking Prosecutions Arkansas 2019, # 6 Exhibit 2020-06 The Health Consequences of Sex Trafficking, # 7 Exhibit 2020-07 Aiding Abusers Planned Parenthood Sexual Abuse Report 2018, # 8 Exhibit 2020-08 When I Was A Pregnant Teen Sleeping With Older Men, # 9 Exhibit 2020-09 Arkansas AG's Task Force on Human Trafficking Report, # 10 Exhibit 2020-10 When an Abortion Doctor Becomes a Mother NYT, # 11 Exhibit 2020-11 ACOG Opinion 360 Sex Selection, # 12 Exhibit 2020-12 Management of Unintended and Abnormal Pregnancy, # 13 Exhibit 2020-13 Manual Vacuum Aspiration for 2d-Trimester Pregnancy Termination, # 14 Exhibit 2020-14 Methods for Induced Abortion, # 15 Exhibit 2020-15 House Select Investigative Panel, # 16 Exhibit 2020-16 Arkansas ADH 2019 Abortion Statistics, # 17 Exhibit 2020-17 Randomized Study of Cannulas, # 18 Exhibit 2020-18 Tvedten Criminal Record, # 19 Exhibit 2020-19 Tvedten Emergency Suspension, # 20 Exhibit 2020-20 Tvedten Med. Bd. License History, # 21 Exhibit 2020-21 Parker and the #MeToo Case That Split the Abortion-Rights Movement, # 22 Exhibit 2020-22 Son-biased Sex Ratios in the 2000 US Census, # 23 Exhibit 2020-23 Son-biased sex ratios in 2010 US Census and 2011 2013 US natality, # 24 Exhibit 2020-24 Sex Selection and NIPT, # 25 Exhibit 2020-25 China launches campaign against sex selective abortion)(Wagner, Vincent) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
93

REPLY to Response to Motion re 73 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Nichols Rebuttal Decl)(Amiri, Brigitte) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
94

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker:Telephone Conference held on 1/4/2021. After argument from counsel, the court takes motions #73 and #75 under advisement. R Harlow, E Watson, B Amiri, B Brownstein, B Ware, J Ma, L Godesky and K Turner pltf counsel; V Wagner, N Bronni, M Cantrell and D Jacobs deft counsel; Court Reporter Kathy Maloney. (plm) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
95

MOTION to Dismiss by All Defendants (Wagner, Vincent) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
96

BRIEF IN SUPPORT re 95 Motion to Dismiss filed by All Defendants. (Wagner, Vincent) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
97

PRELIMINARY INJUNCTION ORDER AFTER REMAND denying 75 motion to strike plaintiffs' motion for a second preliminary injunction and request for expedited consideration; granting 73 motion for a second preliminary injunction, as modified by the terms of this Order; preliminarily enjoining defendants, and all those acting in concert with them, from enforcing the requirements listed in this Order; and enjoining defendants from failing to notify immediately all state officials responsible for enforcing these requirements about the existence and requirements of this preliminary injunction. Pursuant to Federal Rule of Civil Procedure 65(b)(2), this preliminary injunction remains in effect until further order from this Court. Signed by Judge Kristine G. Baker on 1/5/2021. (jbh) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

Clearinghouse

Case Details

State / Territory: Arkansas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 20, 2017

Closing Date: July 13, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A board-certified obstetrician-gynecologist and abortion provider who is the only provider of outpatient, second-trimester abortion care in Arkansas.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arkansas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2021 - 2022

Issues

General/Misc.:

Records Disclosure

Reproductive rights:

Abortion

Criminalization

Disposal procedures

Method-based abortion procedures

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

Undue Burden