Case: South Wind Women's Center LLC v. Stitt

5:20-cv-00277 | U.S. District Court for the Western District of Oklahoma

Filed Date: March 30, 2020

Closed Date: Oct. 8, 2020

Clearinghouse coding complete

Case Summary

This is a case challenging an Oklahoma executive order banning abortions during the COVID-19 pandemic. On March 30, 2020, South Wind Women's Center LLC, a health care facility providing reproductive care including abortions, a physician operating an abortion clinic in the state, and Comprehensive Health of Planned Parenthood Great Plains, Inc., filed this lawsuit, on behalf of themselves, their staff, and their patients, in the U.S. District Court for the Western District of Oklahoma.  The plai…

This is a case challenging an Oklahoma executive order banning abortions during the COVID-19 pandemic. On March 30, 2020, South Wind Women's Center LLC, a health care facility providing reproductive care including abortions, a physician operating an abortion clinic in the state, and Comprehensive Health of Planned Parenthood Great Plains, Inc., filed this lawsuit, on behalf of themselves, their staff, and their patients, in the U.S. District Court for the Western District of Oklahoma.  The plaintiffs sued the governor of Oklahoma and several other state officials under 42 U.S.C. § 1983, alleging substantive due process and equal protection violations.  


Represented by Planned Parenthood Federation of America, Center for Reproductive Rights, and private counsel, the plaintiffs challenged a March 24, 2020 executive order that required that all “elective” medical and surgical procedures, including abortions, be postponed in light of the Covid-19 pandemic.  They sought a temporary restraining order, preliminary injunction, and, ultimately, a permanent injunction blocking enforcement, a judgment declaring the executive order unconstitutional under the Fourteenth Amendment, and attorneys’ fees and costs. The case was assigned to Judge Charles Goodwin. 


On April 6, 2020, the trial court granted plaintiffs’ request for a partial temporary restraining order, blocking the State from banning medication or procedural abortions that could not be delayed beyond the expiration of the Order. 2020 WL 1677094. On April 7, 2020 the State asked the U.S. Court of Appeals for the Tenth Circuit to lift the temporary restraining order.  The Tenth Circuit dismissed the appeal for lack of jurisdiction on April 13, 2020, holding that the District Court’s order was not appealable. 808 Fed.Appx. 677.  


On April 20, 2020, the District Court granted the plaintiffs’ motion for a partial preliminary injunction, enjoining enforcement of the Executive Order against abortion providers, clinics, and staff, effectively requiring full abortion access by April 24, 2020, the earliest date at which, per the State, restrictions on medical procedures could safely be loosened. 455 F. Supp.3d 1219. Balancing the Jacobson standard for a state’s permissible actions under emergency health restrictions and the Casey standard for state regulation of abortion access, the Court ultimately concluded that the record did not reflect any reasonable basis to continue, after April 24, the significant intrusion on the right to abortion. 


The State appealed and requested an emergency stay of the preliminary injunction. The Tenth Circuit denied the stay on April 27, 2020.  On August 18, 2020, the Tenth Circuit dismissed the appeal as moot in light of the expiration of the Executive Order, without vacating the injunction. 823 Fed.Appx. 677.  On October 8, 2020, the District Court dismissed the action without prejudice, and, on August 23, 2021, granted in part and denied in part plaintiffs’ contested motion for attorney fees, awarding $355,734.33 in fees and costs. 2021 WL 3729987.

 

Summary Authors

Michelle Landry (5/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17025029/parties/south-wind-womens-center-llc-v-stitt/

Documents in the Clearinghouse

Document
1-1

5:20-cv-00277

Exhibit 1- Fourth Amended Executive Order 2020-07

No Court

March 30, 2020

March 30, 2020

Order/Opinion
1-2

5:20-cv-00277

Exhibit 2- Press Release Governor Stitt Clarifies Elective Surgeries and Procedures Suspended under Executive Order

No Court

March 30, 2020

March 30, 2020

Press Release
1

5:20-cv-00277

Complaint for Injunctive and Declaratory Relief

March 30, 2020

March 30, 2020

Complaint
70

5:20-cv-00277

Temporary Restraining Order

2020 WL 1677094

April 6, 2020

April 6, 2020

Order/Opinion
010110333196

20-06045

[USCA] Order and Judgment

U. S. Court of Appeals for the Tenth Circuit

808 Fed.Appx. 677

April 13, 2020

April 13, 2020

Order/Opinion
107

5:20-cv-00277

Preliminary Injunction

455 F.Supp.3d 1219

April 20, 2020

April 20, 2020

Order/Opinion
010110339758

20-06055

Order

U. S. Court of Appeals for the Tenth Circuit

April 27, 2020

April 27, 2020

Order/Opinion
010110393024

20-06055

[USCA] Order and Judgment

U. S. Court of Appeals for the Tenth Circuit

823 Fed.Appx. 677

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion
142

5:20-cv-00277

Order

2021 WL 3729987

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17025029/south-wind-womens-center-llc-v-stitt/

Last updated May 24, 2022, 10:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gary Cox, Mark Gower, Michael Hunter, Greg Mashburn, David Prater, J Kevin Stitt filed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Womens Center LLC. (Attachments: # 1 Exhibit 1- FOURTH AMENDED EXECUTIVE ORDER, # 2 Exhibit 2- MARCH 27 STATEMENT, # 3 Civil Cover Sheet)(knt) (Entered: 03/30/2020)

1 Exhibit 1- FOURTH AMENDED EXECUTIVE ORDER

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2 Exhibit 2- MARCH 27 STATEMENT

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3 Civil Cover Sheet

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March 30, 2020

March 30, 2020

Clearinghouse

Payment for a Civil Case

March 30, 2020

March 30, 2020

PACER

PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3128557. (Patton, J)

March 30, 2020

March 30, 2020

PACER
2

ENTRY of Appearance by J Blake Patton on behalf of All Plaintiffs (Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
3

STRICKEN pursuant to 17 Order. DISCLOSURE STATEMENT - LLC by South Wind Womens Center LLC . (Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
4

DISCLOSURE STATEMENT - LLC by Comprehensive Health of Planned Parenthood Great Plains INC . (Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice by Diana O. Salgado Filing fee $ 50, receipt number 1087-3128831 by Comprehensive Health of Planned Parenthood Great Plains INC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice by Kirby Tyrrell Filing fee $ 50, receipt number 1087-3128849 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice by Travis J. Tu Filing fee $ 50, receipt number 1087-3128851 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice by Ezra Cukor Filing fee $ 50, receipt number 1087-3128855 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice by Jiaman Wang Filing fee $ 50, receipt number 1087-3128857 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice by Samantha N. Rosa Filing fee $ 50, receipt number 1087-3128858 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice by Linda C. Goldstein Filing fee $ 50, receipt number 1087-3128859 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice by Kathryn E. Barrett by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
13

MOTION for Leave to Appear Pro Hac Vice by Alyssa Christine Clark Filing fee $ 50, receipt number 1087-3128863 by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, J) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Receipt

March 31, 2020

March 31, 2020

PACER

Receipt for Money Received from Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC in the amount of $50.00, receipt number 1087-3128856 regarding 12 MOTION for Leave to Appear Pro Hac Vice by Kathryn E. Barrett (rb)

March 31, 2020

March 31, 2020

PACER
14

Summons Issued Electronically as to Gary Cox, Mark Gower, Michael Hunter, Greg Mashburn, David Prater, J Kevin Stitt. (rb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
15

STRICKEN pursuant to 17 Order. DISCLOSURE STATEMENT - LLC by South Wind Women's Center LLC . (Patton, J) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
16

MOTION for Temporary Restraining Order by Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), Comprehensive Health of Planned Parenthood Great Plains INC, South Wind Women's Center LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Patton, J) (Entered: 03/31/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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March 31, 2020

March 31, 2020

RECAP
17

ORDER. Disclosure statements 3 and 15 are STRICKEN. Plaintiff shall file an amended disclosure statement within three days of the date of this Order. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
18

ORDER granting 13 Motion to Appear Pro Hac Vice. Ms. Clark shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
19

ORDER granting 12 Motion to Appear Pro Hac Vice. Ms. Barrett shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
20

ORDER granting 8 Motion to Appear Pro Hac Vice. Mr. Cukor shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
21

ORDER granting 11 Motion to Appear Pro Hac Vice. Ms. Goldstein shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
22

ORDER granting 10 Motion to Appear Pro Hac Vice. Ms. Rosa shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
23

ORDER granting 5 Motion to Appear Pro Hac Vice. Ms. Salgado shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
24

ORDER granting 7 Motion to Appear Pro Hac Vice. Mr. Tu shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
25

ORDER granting 6 Motion to Appear Pro Hac Vice. Ms. Tyrrell shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
26

ORDER granting 9 Motion to Appear Pro Hac Vice. Ms. Wang shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 14, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 03/31/2020. (jb) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
27

ENTRY of Appearance by Mithun S Mansinghani on behalf of Michael Hunter (Mansinghani, Mithun) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
28

ENTRY of Appearance by Zachary P West on behalf of Michael Hunter (West, Zachary) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
29

ENTRY of Appearance by Bryan G Cleveland on behalf of Michael Hunter (Cleveland, Bryan) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
30

ENTRY of Appearance by Diana O Salgado on behalf of Comprehensive Health of Planned Parenthood Great Plains INC (Salgado, Diana) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
31

ENTRY of Appearance by Travis J Tu on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Tu, Travis) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
32

ENTRY of Appearance by Ezra U Cukor on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Cukor, Ezra) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
33

ENTRY of Appearance by Kirby B Tyrrell on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Tyrrell, Kirby) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
34

ENTRY of Appearance by Jiaman Wang on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Wang, Jiaman) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
35

ORDER Setting Hearing on Motion 16 MOTION for Temporary Restraining Order : Motion Hearing set for 4/3/2020 01:30 PM in Courtroom 305 before Honorable Charles Goodwin. Signed by Honorable Charles Goodwin on 04/01/2020. (jb) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP
36

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. J Kevin Stitt served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
37

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. Gary Cox served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
38

NOTICE (other) by All Plaintiffs (Attachments: # 1 Exhibit Seventh Amended Executive Order)(Tu, Travis) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
39

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. Michael Hunter served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
40

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. Mark Gower served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
41

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. David Prater served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
42

SUMMONS Returned Executed by Larry A Burns(D.O, on behalf of his staff and his patients), Comprehensive Health of Planned Parenthood Great Plains INC, Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC. Greg Mashburn served on 3/31/2020. (Patton, J) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
43

ENTRY of Appearance by Linda C Goldstein on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Goldstein, Linda) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
44

ENTRY of Appearance by Samantha N Rosa on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Rosa, Samantha) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
45

ENTRY of Appearance by Kathryn E Barrett on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Barrett, Kathryn) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
46

ENTRY of Appearance by Alyssa C Clark on behalf of Larry A Burns(D.O, on behalf of his staff and his patients), Larry A Burns(D.O, on behalf of himself), South Wind Women's Center LLC (Clark, Alyssa) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
47

DISCLOSURE STATEMENT - LLC by South Wind Women's Center LLC . (Attachments: # 1 Attachment Additional Corporate Disclosure Statement)(Tu, Travis) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
48

DISCLOSURE STATEMENT - CORPORATE by Comprehensive Health of Planned Parenthood Great Plains INC . (Tu, Travis) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
49

ENTRY of Appearance by Mithun S Mansinghani on behalf of Gary Cox, Mark Gower, Greg Mashburn, David Prater, J Kevin Stitt (Mansinghani, Mithun) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
50

ENTRY of Appearance by Zachary P West on behalf of Gary Cox, Mark Gower, Greg Mashburn, David Prater, J Kevin Stitt (West, Zachary) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
51

ENTRY of Appearance by Bryan G Cleveland on behalf of Gary Cox, Mark Gower, Greg Mashburn, David Prater, J Kevin Stitt (Cleveland, Bryan) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
52

UNOPPOSED MOTION for Leave to File Excess Pages by All Defendants. (Mansinghani, Mithun) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
53

ORDER granting 52 Motion for Leave to File Excess Pages. Defendants may file a response totaling no more than 33 pages. Signed by Honorable Charles Goodwin on 04/02/2020. (jb) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
54

RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Exhibit 1 - Loughridge Declaration, # 2 Exhibit 2 - Mareshie Declaration, # 3 Exhibit 3 - Haney Declaration with Attachment, # 4 Exhibit 4 - Valley Declaration, # 5 Exhibit 5 - Weinstein Script (RS0010), # 6 Exhibit 6 - Marier Declaration, # 7 Exhibit 7 - Harrison Declaration, # 8 Exhibit 8 - Sanders Declaration)(Mansinghani, Mithun) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
55

ENTRY of Appearance by Andrew W Lester on behalf of State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Missouri, State of Mississippi, State of Nebraska, State of Ohio, State of South Dakota, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia (Lester, Andrew) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
56

MOTION for Leave to File Amicus Brief by State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia. (Lester, Andrew) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
57

MEMORANDUM in Support re 56 MOTION for Leave to File Amicus Brief filed by State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Lester, Andrew) (Entered: 04/02/2020)

1 Exhibit Proposed Amicus Brief

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April 2, 2020

April 2, 2020

PACER
58

ORDER granting 56 Motion for Leave. Any party who wishes to respond to the amicus brief must do so on or before April 10, 2020. Signed by Honorable Charles Goodwin on 04/03/2020. (jb) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
59

BRIEF IN SUPPORT of Amici Curiae by State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia. (Lester, Andrew) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
60

ENTRY of Appearance by Kevin H Theriot on behalf of Archdiocese of Oklahoma City, Oklahoma, Diocese of Tulsa and Eastern Oklahoma, Catholic Conference of Oklahoma, Oklahoma Baptists, Oklahoma Faith Leaders (Theriot, Kevin) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
61

NOTICE (other) by Archdiocese of Oklahoma City, Oklahoma, Catholic Conference of Oklahoma, Diocese of Tulsa and Eastern Oklahoma, Oklahoma Baptists, Oklahoma Faith Leaders Entry of Appearance by Steven Lewis (Theriot, Kevin) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
62

MOTION for Leave to File Amicus Brief by Archdiocese of Oklahoma City, Oklahoma, Catholic Conference of Oklahoma, Diocese of Tulsa and Eastern Oklahoma, Oklahoma Baptists, Oklahoma Faith Leaders. (Theriot, Kevin) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
63

AMICUS CURIAE APPEARANCE entered by Benjamin P Sisney on behalf of American Center for Law and Justice. (Sisney, Benjamin) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
64

ORDER granting 62 Motion for Leave. Amici must file their brief no later than Monday, April 6, 2020. Any party who wishes to respond to the amicus brief must do so on or before April 10, 2020. Signed by Honorable Charles Goodwin on 04/03/2020. (jb) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
79

Minute Entry for proceedings held before Honorable Charles Goodwin: Motion Hearing held telephonically on 4/3/2020 re 16 MOTION for Temporary Restraining Order filed by Larry A Burns, South Wind Women's Center LLC, Comprehensive Health of Planned Parenthood Great Plains INC. (Court Reporter Tracy Thompson.) (jb) (Entered: 04/07/2020)

April 3, 2020

April 3, 2020

PACER
65

NOTICE (other) by All Plaintiffs (Attachments: # 1 Exhibit Alabama Document 111, # 2 Exhibit Alabama Document 113)(Tu, Travis) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
66

MOTION to File Amicus Brief by American Center for Law and Justice. (Sisney, Benjamin) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
67

ORDER granting 66 Motion to File Amicus Brief. Amici must file their brief no later than Monday, April 6, 2020. The brief must comport with the formatting requirements and page limit of this Courts Local Civil Rules. Any party who wishes to respond to the amicus brief must do so on or before April 10, 2020. Signed by Honorable Charles Goodwin on 04/05/2020. (jb) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
68

BRIEF IN SUPPORT of Defendants by 48 Members of the Oklahoma Senate and Oklahoma House of Representatives, American Center for Law and Justice. (Sisney, Benjamin) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
69

ENTRY of Appearance by Steven Lewis on behalf of Archdiocese of Oklahoma City, Oklahoma, Catholic Conference of Oklahoma, Diocese of Tulsa and Eastern Oklahoma, Oklahoma Baptists, Oklahoma Faith Leaders (Lewis, Steven) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
70

TEMPORARY RESTRAINING ORDER granting in part 16 Motion for TRO. To the extent the Motion seeks a preliminary injunction, it is HELD IN ABEYANCE. Defendants and their employees, agents, attorneys, successors, and all others acting in concert or participating with them are TEMPORARILY RESTRAINED from enforcing Governor J. Kevin Stitts Seventh Amended Executive Order No. 2020-07 of April 1, 2020, and the March 27, 2020 Press Release against Oklahoma abortion providers, clinics, and their staff, to the following extent: 1.The prohibition on surgical abortions may not be enforced with respect to any patient who will lose her right to lawfully obtain an abortion in Oklahoma on or before the date of expiration of the Executive Order; and 2.The prohibition on medication abortions may not be enforced. This Temporary Restraining Order is effective upon entry and shall expire on April 20, 2020, at 11:59 p.m., unless extended by the Court for good cause shown or by agreement of the parties. Signed by Honorable Charles Goodwin on 04/06/2020. (jb) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

Clearinghouse
71

UNOPPOSED MOTION for Leave to Appear Pro Hac Vice Elizabeth Baker Murrill Filing fee $ 50, receipt number 1087-3132665 by State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia. (Attachments: # 1 Exhibit 1 - Request for Admission - Murrill)(Lester, Andrew) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
72

UNOPPOSED MOTION for Leave to Appear Pro Hac Vice Joseph Scott St. John Filing fee $ 50, receipt number 1087-3132711 by State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia. (Attachments: # 1 1 - Request for Admission - St. John)(Lester, Andrew) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
73

ORDER granting 71 Motion to Appear Pro Hac Vice. Ms. Murrill shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 20, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 04/06/2020. (jb) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
74

ORDER granting 72 Motion to Appear Pro Hac Vice. Mr. St. John shall register to file documents electronically in this district, see LCvR 83.2(g), on or before April 20, 2020, and shall file an entry of appearance, see id. R. 83.4, by that same date on the form prescribed by the Clerk of the Court. Signed by Honorable Charles Goodwin on 04/06/2020. (jb) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
75

MOTION for Leave to Supplement by All Defendants. (Attachments: # 1 Exhibit 1 - Blankenship Declaration, # 2 Exhibit 2 - Adams Declaration, # 3 Exhibit 3 - Harrison Declaration)(Mansinghani, Mithun) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
76

BRIEF IN SUPPORT of Defendants by Archdiocese of Oklahoma City, Oklahoma, Catholic Conference of Oklahoma, Diocese of Tulsa and Eastern Oklahoma, Oklahoma Baptists, Oklahoma Faith Leaders. (Theriot, Kevin) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
77

NOTICE OF INTERLOCUTORY APPEAL as to 70 Order on Motion for TRO,,,, by All Defendants. Filing fee $ 505, receipt number 1087-3133085. (Mansinghani, Mithun) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
78

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 77 Notice of Interlocutory Appeal (Attachments: # 1 Attachment 1- Preliminary Record)(rb) (Entered: 04/07/2020)

1 Attachment 1- Preliminary Record

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April 7, 2020

April 7, 2020

PACER
80

ORDER granting 75 Motion for Leave. Defendants may file the three cited declarations as a supplement to their Response no later than April 8, 2020. Plaintiffs' reply in support of their Motion for Preliminary Injunction shall be due no later than April 10, 2020. Signed by Honorable Charles Goodwin on 04/07/2020. (jb) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
81

Tenth Circuit USCA Case Number 20-6045 for 77 Notice of Interlocutory Appeal filed by J Kevin Stitt, Michael Hunter, Mark Gower, David Prater, Greg Mashburn, Gary Cox. Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/07/2020 Docketing statement, transcript order form and notice of appearance due 04/21/2020 for Gary Cox, Mark Gower, Michael Hunter, Greg Mashburn, David Prater and J. Kevin Stitt. Notice of appearance due on 04/21/2020 for Larry A. Burns, Comprehensive Health of Planned Parenthood Great Plains Inc. and South Wind Women's Center LLC (rb) (Entered: 04/08/2020)

April 7, 2020

April 7, 2020

PACER
82

SUPPLEMENT re 54 Response in Opposition to Motion, by All Defendants. (Attachments: # 1 Exhibit 1 - Blankenship Declaration, # 2 Exhibit 2 - Adams Declaration, # 3 Exhibit 3 - Harrison Declaration)(Mansinghani, Mithun) (Entered: 04/08/2020)

1 Exhibit 1 - Blankenship Declaration

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2 Exhibit 2 - Adams Declaration

View on PACER

3 Exhibit 3 - Harrison Declaration

View on PACER

April 8, 2020

April 8, 2020

PACER
83

ORDER. Each party shall file proposed findings of fact and conclusions of law no later than Tuesday, April 14, 2020. Each party may respond to the other party's proposed findings of fact and conclusions of law no later than Thursday, April 16, 2020. Signed by Honorable Charles Goodwin on 04/10/2020. (jb) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
84

REPLY by Plaintiffs Larry A Burns, Larry A Burns, Comprehensive Health of Planned Parenthood Great Plains INC, South Wind Women's Center LLC re 54 Response in Opposition to Motion, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-Rebuttal Declaration of Mark Nichols, M.D., # 2 Exhibit 2-Supplemental Declaration of Julie Burkhart, # 3 Exhibit 3-Supplemental Declaration of Brandon J. Hill, Ph.D., # 4 Exhibit 4-Declaration of Dana Stone, M.D., # 5 Exhibit 5-Declaration of Joshua Sharfstein, M.D., # 6 Exhibit 6-Declaration of Mary Travis Bassett, M.D., # 7 Exhibit 7-Declaration of Ezra U. Cukor, # 8 Exhibit 8-Declaration of Diana O. Salgado)(Tu, Travis) (Entered: 04/10/2020)

1

View on RECAP

April 10, 2020

April 10, 2020

PACER
85

RESPONSE re 76 Brief, 59 Brief, 68 Brief filed by All Plaintiffs. (Tu, Travis) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
86

SUPPLEMENT re 84 Reply,, (84-5) Ex. 5 Declaration of Joshua Sharfstein, M.D. Amended to Include CV by All Plaintiffs. (Salgado, Diana) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

RECAP
87

SUPPLEMENT re 84 Reply,, (84-6) Ex. 6 Declaration of Mary Bassett, M.D. Amended to Include CV by All Plaintiffs. (Salgado, Diana) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
88

ENTRY of Appearance by Anthony J Ferate on behalf of State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia (Ferate, Anthony) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
89

ORDER AND JUDGMENT of USCA as to 77 Notice of Interlocutory Appeal filed by J Kevin Stitt, Michael Hunter, Mark Gower, David Prater, Greg Mashburn, Gary Cox. Dismissed for Lack of Jurisdiction; Procedural termination after other judicial action; Written, unsigned, unpublished. Entered per curiam. Judges Lucero (concurring), Bacharach and Moritz. Mandate to issue. (rb) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

Clearinghouse
90

MOTION to Strike 84 Reply,, Exhibits 1 - 8 by All Defendants. (West, Zachary) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
91

ORDER granting in part and denying in part 90 Motion to Strike. Defendants' request to strike the Reply is denied. Defendants, however, may file a surreply of no more than 10 pages addressing any new arguments or evidence raised in Plaintiffs' Reply. Cf. LCvR 7.1(g). Defendants' surreply is due no later than April 15, 2020. Signed by Honorable Charles Goodwin on 04/14/2020. (jb) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
92

Proposed Findings of Fact by Plaintiffs Larry A Burns, Larry A Burns, Comprehensive Health of Planned Parenthood Great Plains INC, South Wind Women's Center LLC. (Tu, Travis) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
93

Proposed Findings of Fact by Defendants Gary Cox, Mark Gower, Michael Hunter, Greg Mashburn, David Prater, J Kevin Stitt. (Mansinghani, Mithun) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
94

NOTICE (other) by All Plaintiffs (Tu, Travis) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
95

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/3/20 before Judge Goodwin. Court Reporter: Tracy Thompson, Telephone number 405-314-5431 or tracy.washbourne@gmail.com. Transcript of: TRO proceedings Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020. (tw, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
96

SURREPLY re 84 Reply,, per Order 91 filed by All Defendants. (Attachments: # 1 Exhibit 1 - Blankenship Supp. Declaration, # 2 Exhibit 2 - Valley Supp. Declaration)(West, Zachary) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: March 30, 2020

Closing Date: Oct. 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

South Wind Women's Center LLC: a health care facility providing reproductive care including abortions; a physician operating an abortion clinic in the state; and Comprehensive Health of Planned Parenthood Great Plains, Inc, on behalf of themselves, their staff, and their patients.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor (Oklahoma), State

Director of the Oklahoma Department of Emergency Management (Oklahoma), State

Oklahoma Commissioner of Health (Oklahoma), State

Attorney General (Oklahoma), State

District Attorney (Oklahoma), County

District Attorney (Cleveland), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $355,734.33

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Complete abortion ban

Medication abortion

Undue Burden

General:

Abortion

Medical/Mental Health:

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