Case: Planned Parenthood of Arkansas & Eastern Oklahoma v. Smith

Planned Parenthood Arkansas & Eastern Oklahoma v. Smith

ACLU

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Nathaniel Smith (Fee of $400 paid. Receipt Number LIT062411.) filed by Planned Parenthood Arkansas & Eastern Oklahoma, and Little Rock Family Planning Services. No summons issued. (Attachments: # 1 Civil Cover Sheet)(mcz) (Entered: 06/20/2017)

1 Civil Cover Sheet

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MOTION for Leave to Appear pro hac vice by Susan Talcott Camp. Fee $100 receipt number LIT062411. Filed by All Plaintiffs.(mcz) (Docket text modified on 6/20/2017 to correct a typographical error). (jak) (Entered: 06/20/2017)

MOTION for Leave to Appear pro hac vice by Ruth E. Harlow. Fee $100 receipt number LIT062411. Filed by All Plaintiffs. (mcz) Modified on 6/20/2017 to correct typographical error (mcz). (Entered: 06/20/2017)

MOTION for Leave to Appear pro hac vice by Richard Muniz. Fee $100 receipt number LIT062411. Filed by All Plaintiffs. (mcz) (Entered: 06/20/2017)

MOTION for Leave to Appear pro hac vice by Jennifer Sandman. Fee $100 receipt number LIT062409. Filed by All Plaintiffs. (mcz) (Entered: 06/20/2017)

MOTION for Leave to Appear pro hac vice by Jennifer Keighley. Fee $100 receipt number LIT062409. Filed by All Plaintiffs. (mcz) (Entered: 06/20/2017)

Corporate Disclosure Statement (Rule 7.1) by Little Rock Family Planning Services, and Planned Parenthood Arkansas & Eastern Oklahoma. (mcz) (Entered: 06/20/2017)

ORDER granting 2, 3, 4, 5 and 6 Motions to Appear Pro Hac Vice. Susan Talcott Camp, Ruth E. Harlow, Richard Muniz, Jennifer Sandman, and Jennifer Keighley are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 6/20/2017. (mcz) (Entered: 06/20/2017)

MOTION for Summary Judgment by Little Rock Family Planning Services, Planned Parenthood Arkansas & Eastern Oklahoma (Attachments: # 1 Exhibit Declaration of Laura McQuade, # 2 Exhibit Declaration of Lori Williams)(Keighley, Jennifer) (Entered: 07/03/2017)

BRIEF IN SUPPORT re 9 Motion for Summary Judgment filed by Little Rock Family Planning Services, Planned Parenthood Arkansas & Eastern Oklahoma. (Keighley, Jennifer) (Entered: 07/03/2017)

STATEMENT OF FACTS (Local Rule 56.1) re 10 Brief in Support, 9 Motion for Summary Judgment filed by Little Rock Family Planning Services, Planned Parenthood Arkansas & Eastern Oklahoma. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Keighley, Jennifer) (Entered: 07/03/2017)

MOTION to Expedite Briefing and Consideration of Summary Judgment Motion by Little Rock Family Planning Services, Planned Parenthood Arkansas & Eastern Oklahoma (Keighley, Jennifer) (Entered: 07/03/2017)

BRIEF IN SUPPORT re 12 Motion to Expedite Briefing and Consideration of Summary Judgment Motion filed by All Plaintiffs. (Keighley, Jennifer) (Entered: 07/03/2017)

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

Joint MOTION to Extend Time for Defendants' Responsive Pleading and to Set Briefing Schedule by All Plaintiffs (Keighley, Jennifer) (Entered: 07/07/2017)

ORDER granting 15 Joint Motion to set briefing schedule and extend deadline for Defendant's responsive pleading. Defendant's deadline for filing a responsive pleading shall be 5pm CST on 7/24/2017. That responsive pleading shall be an Answer to Plaintiff's Complaint in lieu of a Motion to Dismiss. Defendant's deadline for filing its opposition to Plaintiffs' Motion for Summary Judgment shall also be 5pm CST on 7/24/2017. Plaintiffs' deadline for filing their reply brief on the summary judgment motion shall be 7/31/2017. The Plaintiff's 12 motion to expedite briefing is denied as moot. Plaintiffs' motion for expedited consideration of their summary judgment motion is granted. Signed by Judge James M. Moody Jr. on 7/7/2017. (mcz) (Entered: 07/07/2017)

NOTICE of Hearing on 9 MOTION for Summary Judgment: MOTION HEARING set for Thursday, 8/10/2017 at 1:30 PM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. (kog) (Entered: 07/10/2017)

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

ANSWER to 1 Complaint, by Nathaniel Smith.(Baugh, Monty) (Entered: 07/24/2017)

RESPONSE in Opposition re 9 MOTION for Summary Judgment filed by Nathaniel Smith. (Attachments: # 1 Exhibit ACOG 2d trimester abortion practice bulletin, # 2 Exhibit hospital regulations, # 3 Exhibit birthing center regulations, # 4 Exhibit abortion facilities regulations, # 5 Exhibit 4-25-14 deficiency letter, # 6 Exhibit 2-7-15 deficiency letter, # 7 Exhibit 3-11-15 deficiency letter, # 8 Exhibit 7-5-12 deficiency letter, # 9 Exhibit 2-11-13 deficiency letter, # 10 Exhibit Tabular report of inspections, # 11 Affidavit Affidavit of Becky Bennett)(Baugh, Monty) (Entered: 07/24/2017)

1 Exhibit ACOG 2d trimester abortion practice bulletin

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2 Exhibit hospital regulations

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3 Exhibit birthing center regulations

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4 Exhibit abortion facilities regulations

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5 Exhibit 4-25-14 deficiency letter

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6 Exhibit 2-7-15 deficiency letter

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7 Exhibit 3-11-15 deficiency letter

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8 Exhibit 7-5-12 deficiency letter

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9 Exhibit 2-11-13 deficiency letter

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10 Exhibit Tabular report of inspections

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11 Affidavit Affidavit of Becky Bennett

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STATEMENT OF FACTS (Local Rule 56.1) re 20 Response in Opposition to Motion,, filed by Nathaniel Smith. (Baugh, Monty) (Entered: 07/24/2017)

NOTICE of Appearance by Jennifer L. Merritt on behalf of Nathaniel Smith (Merritt, Jennifer) (Entered: 07/25/2017)

REPLY to Response to Motion re 9 MOTION for Summary Judgment filed by Little Rock Family Planning Services, Planned Parenthood Arkansas & Eastern Oklahoma. (Attachments: # 1 Exhibit Lori Williams Reply Declaration, # 2 Exhibit Laura McQuade Reply Declaration, # 3 Exhibit Preliminary Injunction Order, # 4 Exhibit ASC Deficiencies)(Keighley, Jennifer) (Entered: 07/31/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) The clerk is directed to amend the caption of the complaint to insert the word "of" after "Planned Parenthood" and before "Arkansas."ORDER. Signed by Judge James M. Moody Jr. on 8/1/17. (dpb) (Entered: 08/01/2017)

Order

ORDER authorizing Jennifer Keighley, Jennifer Sandman, and Ruth Harlow to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, for the motion hearing set for Thursday, 8/10/2017. Signed by Judge James M. Moody Jr. on 8/10/2017. (ljb) (Entered: 08/10/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:MOTINON HEARING held on 8/10/2017 re 9 MOTION for Summary Judgment filed by Planned Parenthood of Arkansas & Eastern Oklahoma. After argument from counsel, the matter is taken under advisement. Counsel for Plaintiffs - Jennifer Keighley, Jennifer Sandman, Ruth Harlow, Bettina Brownstein; Counsel for Defendants - Monty Baugh (Court Reporter K. Baker.) (kog) (Entered: 08/11/2017)

TRANSCRIPT of Motion Hearing held on August 10, 2017, before Judge James M. Moody, Jr. Court Reporter - Karen Baker. 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 8/28/2017. Redaction Request due 9/11/2017. Redacted Transcript Deadline set for 9/21/2017. Release of Transcript Restriction set for 11/20/2017. (mcz) (Entered: 08/21/2017)

Unopposed MOTION to Amend/Correct 10 Brief in Support, 9 MOTION for Summary Judgment, 11 Statement of Facts (Local Rule 56.1), by Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma (Attachments: # 1 Document Lori Williams Supplemental Declaration, # 2 Document Aaron Samulcek Supplemental Declaration, # 3 Document Supplemental Statement of Undisputed Material Facts, # 4 Document Plaintiffs' Supplemental Brief)(Keighley, Jennifer) (Entered: 12/13/2017)

RESPONSE in Opposition re 9 MOTION for Summary Judgment Defendant's Response in Further Opposition to Plaintiff's Motion for Summary Judgment filed by Nathaniel Smith. (Baugh, Monty) (Entered: 01/05/2018)

RESPONSE to Motion re 28 Unopposed MOTION to Amend/Correct 10 Brief in Support, 9 MOTION for Summary Judgment, 11 Statement of Facts (Local Rule 56.1), Defendant's Response to Plaintiffs' Supplemental Statement of Undisputed Material Facts filed by Nathaniel Smith. (Baugh, Monty) (Entered: 01/05/2018)

AFFIDAVIT of Becky Bennett by Nathaniel Smith. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16)(Baugh, Monty) (Entered: 01/05/2018)

INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 4/16/2018; Rule 26(f) Report due by 4/30/2018. Proposed Bench Trial set sometime during the week of 3/25/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 2/28/2018. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 02/28/2018)

MOTION to Stay Discovery Pending Decision on Plaintiffs' Summary Judgment Motion by Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma (Keighley, Jennifer) (WITHDRAWN pursuant to 49 Order.) Modified on 10/5/2018 (ljb). (Entered: 04/09/2018)

BRIEF IN SUPPORT re 33 Motion to Stay Discovery Pending Decision on Plaintiffs' Summary Judgment Motion filed by Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma. (Keighley, Jennifer) (Entered: 04/09/2018)

RESPONSE in Opposition re 33 MOTION to Stay Discovery Pending Decision on Plaintiffs' Summary Judgment Motion filed by Nathaniel Smith. (Cantrell, Michael) (Entered: 04/23/2018)

REPORT of Rule 26(f) Planning Meeting by Nathaniel Smith. Joint Rule 26(f) Report (Baugh, Monty) (Entered: 04/30/2018)

MOTION for Protective Order by All Plaintiffs (Keighley, Jennifer) (Entered: 05/14/2018)

BRIEF IN SUPPORT re 37 Motion for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Exhibit B - Jegley Protective Order, # 3 Exhibit C - Whole Women's Health Order Denying Def.'s Mot. to Unseal, # 4 Exhibit D - Williams Protective Order, # 5 Exhibit E - Adams & Boyle Protective Order, # 6 Exhibit F - Lyskowski Protective Order, # 7 Exhibit G - Selig Protective Order)(Keighley, Jennifer) (Entered: 05/14/2018)

RESPONSE in Opposition re 37 MOTION for Protective Order filed by Nathaniel Smith. (Attachments: # 1 Exhibit A - Defendant's Proposed Protective Order)(Cantrell, Michael) (Entered: 05/29/2018)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 28 Motion to Amend/Correct. Signed by Judge James M. Moody Jr. on 6/19/18. (dpb) (Entered: 06/19/2018)

ORDER denying 37 Motion for Protective Order, without prejudice to refiling. Signed by Judge James M. Moody Jr. on 6/19/2018. (mcz) (Entered: 06/19/2018)

REPORT of Rule 26(f) Planning Meeting by Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma. (Keighley, Jennifer) (Entered: 07/25/2018)

FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 3/25/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 12/17/2018; Motions due by 1/9/2019; Pretrial Disclosure Sheet due by 2/22/2019; Status Report due by 1/24/2019. Signed at the Direction of the Court on 7/30/2018. (kog) (Entered: 07/30/2018)

Unopposed MOTION to Dismiss Count II of Plaintiffs' Complaint Without Prejudice by All Plaintiffs (Keighley, Jennifer) (Entered: 08/16/2018)

BRIEF IN SUPPORT re 44 Motion to Dismiss Count II of Plaintiffs' Complaint Without Prejudice filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Keighley, Jennifer) (Entered: 08/16/2018)

ORDER granting Unopposed 44 Motion to Dismiss Count II of Plaintiff's Complaint without prejudice. Signed by Judge James M. Moody Jr. on 8/21/2018. (mcz) (Entered: 08/21/2018)

Unopposed MOTION to Withdraw 33 MOTION to Stay Discovery Pending Decision on Plaintiffs' Summary Judgment Motion by All Plaintiffs (Keighley, Jennifer) (Entered: 10/05/2018)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 47 Motion to Withdraw. Signed by Judge James M. Moody Jr. on 10/5/18. (dpb) (Entered: 10/05/2018)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER withdrawing 33 Motion to Stay. Signed by Judge James M. Moody Jr. on 10/5/18. (dpb) (Entered: 10/05/2018)

NOTICE of Appearance by LaKesia Rhea Morrison on behalf of Nathaniel Smith (Morrison, LaKesia) (Entered: 11/01/2018)

Unopposed MOTION to Withdraw as Attorney by All Plaintiffs (Keighley, Jennifer) (Entered: 11/07/2018)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 51 Motion to Withdraw as Attorney. Attorney Jennifer Keighley terminated. Signed by Judge James M. Moody Jr. on 11/7/18. (dpb) (Entered: 11/07/2018)

MOTION to Withdraw Co-Counsel as Attorney by Nathaniel Smith (Morrison, LaKesia) (Entered: 12/07/2018)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 53 Motion to Withdraw. Monty Baugh is removed as counsel. Signed by Judge James M. Moody Jr. on 12/10/18. (dpb) (Entered: 12/10/2018)

NOTICE of Appearance by Ka Tina Rena Guest on behalf of Nathaniel Smith (Guest, Ka Tina) (Entered: 12/17/2018)

MOTION to Substitute Counsel and MOTION to Extend Time for all pending deadlines by Nathaniel Smith (Guest, Ka Tina)(Docket text modified on 12/18/2018 to correct the description of the document filed)(jak) (Entered: 12/17/2018)

NOTICE OF DOCKET CORRECTION re 56 First MOTION to Extend Time for all pending deadlines. CORRECTION: The docket text was modified to correct the description of the document filed as "MOTION to Substitute Counsel and MOTION to Extend Time for all pending deadlines by Nathaniel Smith" as marked on the document. (jak)

ORDER granting in part and denying in part 56 Defendant's motion. Senior Assistant Attorney Jennifer Merritt and Assistant Solicitor General Michael Cantrell are withdrawn as counsel at Defendant's request. Signed by Judge James M. Moody Jr. on 1/4/2019. (ljb) (Entered: 01/04/2019)

AMENDED FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 9/9/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 6/3/2019; Motions due by 6/26/2019; Pretrial Disclosure Sheet due by 8/12/2019; Status Report due by 7/16/2019. Signed at the Direction of the Court on 1/7/2019. (kog) (Entered: 01/07/2019)

AMENDED AND SUBSTITUTED FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 9/9/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Motions due by 6/26/2019; Pretrial Disclosure Sheet due by 8/12/2019; Status Report due by 7/16/2019. Signed at the Direction of the Court on 1/7/2018. (kog) (Entered: 01/07/2019)

MOTION to Dismiss by All Plaintiffs (Brownstein, Bettina) (Entered: 04/03/2019)

BRIEF IN SUPPORT re 60 Motion to Dismiss filed by All Plaintiffs. (Brownstein, Bettina) (Entered: 04/03/2019)

ORDER granting 60 plaintiffs' unopposed motion for dismissal; and dismissing this action without prejudice. Signed by Judge James M. Moody Jr. on 4/8/2019. (ljb)