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Case: Planned Parenthood Southeast, Inc. v. Bentley

2:13-cv-00405 | U.S. District Court for the Middle District of Alabama

Filed Date: June 11, 2013

Closed Date: Aug. 5, 2016

Clearinghouse coding complete

Case Summary

This is a case challenging an abortion restriction in the state of Alabama. According to the plaintiffs, § 4(c) of Alabama HB 57, the “Women’s Health and Safety Act,” sought to restrict women’s access to abortion services in Alabama by imposing a medically unnecessary requirement that all physicians who perform abortions have staff privileges at a local hospital. Alabama had five licensed abortion clinics. Were it to go into effect, this law would effectively shut down three clinics in Montgome…

This is a case challenging an abortion restriction in the state of Alabama. According to the plaintiffs, § 4(c) of Alabama HB 57, the “Women’s Health and Safety Act,” sought to restrict women’s access to abortion services in Alabama by imposing a medically unnecessary requirement that all physicians who perform abortions have staff privileges at a local hospital. Alabama had five licensed abortion clinics. Were it to go into effect, this law would effectively shut down three clinics in Montgomery, Mobile, and Birmingham. 

On June 11, 2013, Planned Parenthood Southeast, Reproductive Health Services, and RHS's owner and administrator filed this lawsuit in the U.S. District Court for the Middle District of Alabama, Northern Division, seeking declaratory and injunctive relief. Plaintiffs sued the Governor, Attorney General, State Health Officer, Chairman of the Alabama Board of Medical Examiners, Chairman of the Medical Licensure Commission of Alabama, President of the Alabama Board of Nursing, and the District Attorneys of Montgomery County, Jefferson County, and Mobile County in their official capacities. Plaintiffs brought suit under the U.S. Constitution and 42 U.S.C. § 1983, alleging that § 4(c) of HB 57 violated the Fourteenth Amendment, including due process and equal protection, and plaintiffs’ patients’ right to liberty and privacy.

On June 28, 2013, Judge Myron H. Thompson granted plaintiffs’ motion for a temporary restraining order (TRO). 951 F. Supp. 2d 1280. Defendants were ordered to immediately notify all state officials responsible for enforcing the requirements of § 4(c) of HB 57. Relying on precedent, Judge Thompson evaluated whether the law would impose an undue burden on women seeking abortions.  Planned Parenthood v. Casey, 505 U.S. 833 (1992). He concluded that implementing HB 57 would unduly burden women in Alabama, since many women would have to travel up to 200 miles to obtain an in-state abortion if not “travel across the Alabama border to exercise their constitutional rights.” Originally set to expire July 12, 2013, the court ultimately extended the TRO on April 2, 2014 to remain in effect until entry of final judgment in this case.

Both parties having moved for summary judgment, Judge Myron Thompson entered a judgment on March 31, 2014 that denied plaintiffs’ motion on all claims and granted the State’s motion on all claims except for the substantive due process claim on behalf of women seeking abortions. The claim asserting substantive due process rights was set to go to trial on May 19, 2014.

The court issued an opinion on August 4, 2014 that held the staff privileges requirement was unconstitutional because it would impose an impermissible undue burden on women seeking abortions in Alabama. 33 F.Supp.3d 1330. The court identified three main difficulties arising from elimination of abortion services in these clinics in three of Alabama’s five largest cities. First, many women would delay or forgo abortions because they would be forced to travel farther to obtain them. Second, the requirement would reduce the remaining clinics’ capacity because of difficulties accommodating additional patients. Finally, these obstacles would have increased the risk that women would pursue dangerous illegal abortions instead. The court entered an immediate declaratory judgment and allowed the TRO to remain in effect. Before tailoring final relief, the court solicited additional input from both parties regarding severability of subsection 4(c). Defendants appealed this decision, but the court dismissed the appeal within two months on its own motion for lack of jurisdiction.  

On March 25, 2016, the court issued an opinion addressing such relief. 172 F.Supp.3d 1275. One phrase in subsection 4(c) was scrutinized for severability: “within the same standard metropolitan statistical area as the facility is located.” The State argued it could be removed so the provision would read, “Every physician referenced in this section shall have staff privileges that permit him or her to perform [certain abortion procedures].” The court reasoned that, because a physician could technically comply with this revised provision by maintaining staff privileges at a hospital anywhere in the world, this requirement would not advance what the State professed was the legislature’s primary goal for subsection 4(c): to ensure continuity of care for women who may experience post-abortion complications. The court held the metropolitan-area requirement was not severable.

In the same opinion, the court determined facial relief was appropriate because of the substantial obstacles that a significant number of women would face, given that the three plaintiff clinics perform approximately 40% of abortions in the state. Though plaintiffs contended injunctive relief would be necessary, the court denied their request because the State indicated it would not enforce the subsection once the court held it to be facially unconstitutional. The court concluded that plaintiffs would face no apparent threat of future prosecution.

On April 22, 2016, defendants filed their appeal of the March 25th opinion and judgment to the United States Court of Appeals for the Eleventh Circuit. Fewer than four months later, their motion to dismiss the appeal with prejudice was granted.

On August 5, 2016, the court granted plaintiffs’ motion for attorneys’ fees and non-taxable expenses, ordering defendants to pay $1,700,000 within 60 days.

Summary Authors

Emily Liu (9/25/2022)

Documents in the Clearinghouse

Document
1

2:13-cv-00405

Complaint

June 11, 2013

June 11, 2013

Complaint
49

2:13-cv-00405

Opinion and Order

June 28, 2013

June 28, 2013

Order/Opinion
63

2:13-cv-00405

Order

July 9, 2013

July 9, 2013

Order/Opinion
85

2:13-cv-00405

Amended Complaint

Planned Parenthood Southeast, Inc. v. Strange

July 26, 2013

July 26, 2013

Complaint
146

2:13-cv-00405

Opinion

Planned Parenthood Southeast, Inc. v. Strange

March 31, 2014

March 31, 2014

Order/Opinion
238

2:13-cv-00405

Opinion

Planned Parenthood Southeast, Inc. v. Strange

Aug. 4, 2014

Aug. 4, 2014

Order/Opinion
275

2:13-cv-00405

Opinion

Planned Parenthood Southeast, Inc. v. Strange

March 25, 2016

March 25, 2016

Order/Opinion
295

2:13-cv-00405

Order

Planned Parenthood Southeast, Inc. v. Strange

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4488841/planned-parenthood-southeast-inc-v-bentley/

Last updated Sept. 18, 2022, 11:36 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert Bentley, Ellen Brooks, Brandon K. Falls, Martha Lavender, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson ( Filing fee $ 400.00 receipt number 4602027425.), filed by Reproductive Health Services, Planned Parenthood Southeast, Inc., June Ayers. (Attachments: # 1 fee receipt)(djy, ) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

Clearinghouse
2

Case reassigned to Honorable Judge Myron H. Thompson. Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (djy, ) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
3

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order prelininary injunction, # 3 Text of Proposed Order temporary restraining order)(djy, ) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
4

MEMORANDUM in Support re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit A to Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit A to Exhibit F)(djy, ) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
5

Corporate/Conflict Disclosure Statement by Reproductive Health Services. (djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
6

Corporate/Conflict Disclosure Statement by June Ayers. (djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
7

Corporate/Conflict Disclosure Statement by Planned Parenthood Southeast, Inc. (djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
8

Motion for Carrie Flaxman to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602027429.) by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 certificate of good standing, # 2 fee receipt, # 3 Text of Proposed Order)(djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
9

Motion for Alexa Kolbi-Molinas to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602027428.) by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 certificate of good standing, # 2 fee receipt, # 3 Text of Proposed Order)(djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
10

Motion for Andrew D. Beck to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602027427.) by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 certificate of good standing, # 2 fee receipt, # 3 Text of Proposed Order)(djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
11

Motion for Roger K. Evans to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602027426.) by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 certificate of good standing, # 2 fee receipt, # 3 Text of Proposed Order)(djy, ) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

PACER
12

Summons Issued as to Robert Bentley, Ellen Brooks, Brandon K. Falls, Martha Lavender, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson and mailed CMRRR with copy of complaint, conflict disclosures and motions. (djy, ) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER

Set Hearings: Telephone Conference set for 6/13/2013 08:00 AM by telephone before Honorable Judge Myron H. Thompson. (ag, )

June 12, 2013

June 12, 2013

PACER
13

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference re TRO and Preliminary Injunction Motions held on 6/13/2013 (PDF available for court use only). (Recording Time 8:16 - 8:38:40.) (ag, ) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
14

ORDER as follows with regard to the plaintiffs' motion for temporary restraining order 3 : (1) The defendants are to file a response by June 25, 2013; and (2) The plaintiffs may file a reply by noon on June 27, 2013; and (3) The court will issue a ruling on the motion by no later than June 28, 2013. Signed by Honorable Judge Myron H. Thompson on 6/13/2013. (jg, ) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

RECAP
15

Return Receipt Card showing service of summons and complaint signed by Scott Johnson for George C. Smith, Jr served on 6/13/2013, answer due 7/5/2013; James E. West served on 6/13/2013, answer due 7/5/2013. (jg, ) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
16

Return Receipt Card showing service of summons and complaint signed by W. Myrl for Donald E. Williamson served on 6/13/2013, answer due 7/5/2013. (jg, ) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
17

Return Receipt Card showing service of summons and complaint signed by Pam Bye for Robert Bentley served on 6/13/2013, answer due 7/5/2013. (jg, ) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
18

NOTICE of Appearance by James Robert Seale on behalf of George C. Smith, Jr (Seale, James) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
19

Corporate/Conflict Disclosure Statement by George C. Smith, Jr. (Seale, James) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
20

ORDER granting 8, 9, 10 and 11 Motions for attorneys Flaxman, Beck, Evans and Kolbi-Molinas Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 6/14/13. (djy, ) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
23

Return Receipt Card showing service of summons and complaint signed by G. Babb for Martha Lavender served on 6/16/2013, answer due 7/8/2013. (djy, ) (Entered: 06/18/2013)

June 17, 2013

June 17, 2013

PACER
24

Return Receipt Card showing service of summons and complaint signed by (illegible) for Ellen Brooks served on 6/13/2013, answer due 7/5/2013. (djy, ) (Entered: 06/18/2013)

June 17, 2013

June 17, 2013

PACER
21

NOTICE of Appearance by Phillip Brian Hale on behalf of Donald E. Williamson (Hale, Phillip) (Additional attachment(s) added on 6/19/2013: # 1 corrected certificate of service) (qc/djy, ). (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
22

Corporate/Conflict Disclosure Statement by Donald E. Williamson. (Hale, Phillip) (Additional attachment(s) added on 6/19/2013: # 1 corrected certificate of service) (qc/djy, ). (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER

***Attorney Patricia Elaine Ivie for Donald E. Williamson added pursuant to 22 notice (NO PDF Document attached to this notice). (djy, )

June 18, 2013

June 18, 2013

PACER
25

ORDER directing that the 3 MOTION for Preliminary Injunction is set for an on-the-record Status Conference on 7/3/2013 @ 10:00 AM before Honorable Judge Myron H. Thompson, to discuss how to proceed; counsel for the parties are to arrange for the conference to be conducted by telephone. Signed by Honorable Judge Myron H. Thompson on 6/19/13. Furnished to calendar group & AG.(djy, ) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
26

Return Receipt Card showing service of summons and complaint signed by J A Galdis for Ashley Rich served on 6/17/2013, answer due 7/8/2013. (djy, ) (Entered: 06/20/2013)

June 19, 2013

June 19, 2013

PACER
27

NOTICE of Appearance by Wayne Paulk Turner on behalf of James E. West (Turner, Wayne) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
28

Corporate/Conflict Disclosure Statement by James E. West. (Turner, Wayne) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
29

NOTICE of Appearance by Barbara Jean Wells on behalf of Martha Lavender (Wells, Barbara) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
30

NOTICE of Appearance by John Cowles Neiman, Jr on behalf of Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
31

NOTICE of Appearance by Andrew L Brasher on behalf of Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange (Brasher, Andrew) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
32

NOTICE of Appearance by William G. Parker, Jr on behalf of Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange (Parker, William) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
33

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange (Howell, Laura) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
34

Corporate/Conflict Disclosure Statement by Luther Strange. (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
35

Corporate/Conflict Disclosure Statement by Robert Bentley. (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
36

Corporate/Conflict Disclosure Statement by Ellen Brooks. (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
37

Corporate/Conflict Disclosure Statement by Brandon K. Falls. (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
38

Corporate/Conflict Disclosure Statement by Ashley Rich. (Neiman, John) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
39

Corporate/Conflict Disclosure Statement by Martha Lavender. (Wells, Barbara) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
40

MOTION to Dismiss by Martha Lavender. (Bryan, Chad) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
41

BRIEF/MEMORANDUM in Opposition re 4 BRIEF/MEMORANDUM in Support, 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson. (Neiman, John) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
42

Evidentiary Submission re 41 BRIEF/MEMORANDUM in Opposition, filed by Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Neiman, John) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
43

Evidentiary Submission re 41 BRIEF/MEMORANDUM in Opposition, filed by Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17, # 6 Exhibit 18, # 7 Exhibit 19, # 8 Exhibit 20, # 9 Exhibit 21, # 10 Exhibit 22, # 11 Exhibit 23, # 12 Exhibit 24, # 13 Exhibit 25)(Neiman, John) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
44

MOTION for Joinder in Opposition to Plaintiffs' Motion for Temporary Restraining Order by Martha Lavender. (Bryan, Chad) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER

JOINDER re 41 BRIEF/MEMORANDUM in Opposition to Plaintiff's motion for temporary restraining order by Martha Lavender. (NO PDF document attached to this notice-see Docket Entry 44 ). (djy, )

June 25, 2013

June 25, 2013

PACER
45

NOTICE of Appearance by David Bryson Byrne, Jr on behalf of Robert Bentley (Byrne, David) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
46

ORDER directing that the plaintiffs;' 3 MOTION for Temporary Restraining Order is set for on-the-record oral argument on 6/27/2013 @ 03:00 PM before Honorable Judge Myron H. Thompson; counsel for the parties are to arrange for the argument to be conducted by telephone. Signed by Honorable Judge Myron H. Thompson on 6/26/13. Furnished to calendar group & AG.(djy, ) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
47

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Kolbi-Molinas, Alexa) (Additional attachment(s) added on 6/28/2013: # 1 certificate of service) (djy, ). (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
48

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Oral Argument re 46 M/TRO held on 6/27/2013 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 06/28/2013)

June 27, 2013

June 27, 2013

PACER
49

OPINION AND ORDER directing as follows: (1) plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, and June Ayers's 3 motion for a temporary restraining order is GRANTED; (2) Defendants Robert Bentley, Luther Strange, Ellen Brooks, Brandon K. Falls, Ashley Rich, Donald E.Williamson, George C. Smith, Jr., James E. West, and Martha Lavender, and all those acting in concert with them, are ENJOINED from: (a) enforcing the requirements of § 4(c) of HB 57, and (b) failing to notify immediately all state officials who are responsible for enforcing the requirements of HB 57 § 4(c) of this temporary restraining order; (3) this injunction shall expire on 7/12/2013, at 2:45 p.m.. Signed by Honorable Judge Myron H. Thompson on 6/28/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

Clearinghouse
50

ORDER directing that defendant Martha Lavender's 40 motion to dismiss will be discussed at the state conference on 7/3/2013 @ 10:00 a.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/1/13. (djy, ) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
51

Return Receipt Card showing service of summons and complaint signed by Edwina Johnson for Brandon K. Falls served on 6/14/2013, answer due 7/5/2013. (djy, ) (Entered: 07/02/2013)

July 1, 2013

July 1, 2013

PACER
52

Motion for Jennifer Dalven to Appear Pro Hac Vice by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 certificate of good standing, # 2 Text of Proposed Order)(djy, ) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
53

Received Pro Hac Vice Filing fee re: 52 motion for Jennifer Dalven: $ 50.00, receipt number 4602027663 (djy, ) (Entered: 07/03/2013)

July 2, 2013

July 2, 2013

PACER
54

NOTICE of Appearance by Carrie Ellis McCollum on behalf of Robert Bentley (McCollum, Carrie) (Additional attachment(s) added on 7/5/2013: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
55

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 7/3/2013 re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by June Ayers, Planned Parenthood Southeast Advocates, Reproductive Health Services (PDF available for court use only). (Court Reporter Risa Entrekin.) (ag, ) (Main Document 55 replaced on 7/3/2013) (ag, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
56

MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Other Responsive Pleadings and Briefs on Motion to Dismiss by Robert Bentley, Ellen Brooks, Brandon K. Falls, Ashley Rich, George C. Smith, Jr, Luther Strange, James E. West, Donald E. Williamson. (Brasher, Andrew) (Additional attachment(s) added on 7/5/2013: # 1 Corrected Certificate of Service) (wcl, ). (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
57

ORDERED that counsel for all parties are to submit a proposed order by no later than noon on 7/9/2013. Signed by Honorable Judge Myron H. Thompson on 7/5/2013. (wcl, ) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
58

ORDER granting 56 Motion to Set Consolidated Deadline. Signed by Honorable Judge Myron H. Thompson on 7/5/2013. (wcl, ) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
59

ORDER directing as follows: (1) by no later than 7/17/2013, the parties are to conduct a Rule 26(f) meeting; (2) by no later than noon on 7/18/2013, the parties are to file their jointly prepared Rule 26(f) report; (3) a Rule 26(f) hearing with the court is set for 7/19/2013 @ 08:30 AM before Honorable Judge Myron H. Thompson; directing the clerk to arrange for the hearing to be conducted by video-conferencing, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/8/13. Furnished to calendar group & AG.(djy, ) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
60

ORDER granting 52 Motion for Jennifer Dalven Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 7/8/13. (djy, ). (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
61

ORDER directing that defendant Lavender's 40 MOTION to Dismiss is set for Submission, without oral arugment, on 7/31/2013, with the plaintiffs to file their Brief by 7/19/2013, and defendant Lavender to file a Reply by 7/31/2013. Signed by Honorable Judge Myron H. Thompson on 7/8/13. (djy, ) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
62

Joint MOTION Extension of Temporary Restraining Order re 49 Memorandum Opinion and Order, Terminate Motions,,,,,, by June Ayers, Reproductive Health Services. (Attachments: # 1 Text of Proposed Order Proposed Order Extending Temporary Restraining Order)(Beck, Andrew) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
63

ORDER granting 62 Joint Motion to extend the temporary restraining order ; the temporary restraining order enjoining enforcement of § 4(c) of HB 57 shall remain in effect until August 15, 2013, at 3:00 p.m. Signed by Honorable Judge Myron H. Thompson on 7/9/13. (djy, ) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

Clearinghouse
64

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert Bentley. (Byrne, David) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
65

ORDER directing that the re 64 MOTION TO DISMISS is set for Submission, without oral argument, on 7/31/2013, with the plaintiff to file their Response by 7/19/2013, and defendant Bentley to file a Reply by 7/31/2013. Signed by Honorable Judge Myron H. Thompson on 7/11/13. (djy, ) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

RECAP
66

ORDER directing that the Rule 26(f) video-conference hearing with the court now set for 8:30 am, is reset for 7/19/2013 @ 10:00 AM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/11/13. Furnished to calendar group & AG.(djy, ) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
67

ORDER directing that defendant Bentley's 64 motion to dismiss will be discussed at the status conference on 7/19/2013 @ 10 a.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/11/13. (djy, ) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
68

Joint MOTION to Dismiss Defendant Lavender by June Ayers, Martha Lavender, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Text of Proposed Order)(Wells, Barbara) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
69

Joint MOTION to Dismiss Defendant Smith by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
70

Joint MOTION to Dismiss Defendant West by June Ayers, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Text of Proposed Order)(Beck, Andrew) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
71

CONSENT ORDER GRANTING 68 Joint MOTION to Dismiss; Defendant Lavender is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk shall terminate def Lavender as a party and that def Lavender's 40 MOTION to Dismiss is denied as moot. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

RECAP
72

CONSENT ORDER GRANTING 69 Joint MOTION to Dismiss; Defendant George C. Smith, Jr. is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk is to terminate def Smith as a party. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

RECAP
73

CONSENT ORDER granting 70 Joint MOTION to Dismiss; def James E. West is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk is to terminate def West as a party. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

RECAP
74

Joint MOTION to Dismiss by Robert Bentley. (Byrne, David) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
75

Proposed MOTION for Order re 74 Joint MOTION to Dismiss by Robert Bentley. (Byrne, David) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
76

CONSENT ORDER GRANTING 74 Joint MOTION to Dismiss; defendant Robert Bentley is dismissed without prejudice from this action, as further set out in order, further ORDERING that the clerk shall terminated defendant Bentley as a party and that defendant Bentley's 64 MOTION TO DISMISS is denied as moot. Signed by Honorable Judge Myron H. Thompson on 7/16/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

RECAP
77

REPORT of Rule 26(f) Planning Meeting. (Parker, William) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
78

ANSWER to 1 Complaint, by Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange, Donald E. Williamson.(Parker, William) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
79

REPORT of Rule 26(f) Planning Meeting. (Parker, William) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER

Set Hearings: Telephone Conference set for 7/23/2013 11:00 AM by telephone before Honorable Judge Myron H. Thompson. (war, )

July 22, 2013

July 22, 2013

PACER
80

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/23/2013 (PDF available for court use only). (Recording Time 11:05 - 11:19:11.) (ag, ) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
81

ORDER directing that the 79 Amended Rule 26(f) report is adopted as the scheduling order of the court. Signed by Honorable Judge Myron H. Thompson on 7/23/13. (djy, ) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
82

ORDER, JUDGMENT and DECREE of the court that the 49 temporary restraining enjoining enforcement of § 4(c) of HB 57 shall remain in effect until March 24, 2014, at 3:00 p.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/23/13. (djy, ) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

RECAP
83

ORDER directing that the anticipated motions for summary judgment (which have final briefs due on January 31, 2014) are set for oral argument on February 7, 2014, at 10:00 a.m., in Courtroom 2FMJ, Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/23/13. Furnished to calendar group & AG.(djy, ) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
84

ORDER, pursuant to the parties 79 amended Rule 26(f) report, it is ORDERED that the plaintiffs 3 motion for a preliminary injunction is consolidated with their request for a permanent injunction pursuant to Federal Rule of Civil Procedure 65(a)(2). Signed by Honorable Judge Myron H. Thompson on 7/23/13. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

Clearinghouse
85

AMENDED COMPLAINT against All Defendants, filed by Reproductive Health Services, Planned Parenthood Southeast, Inc., June Ayers.(Flaxman, Carrie) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

Clearinghouse
86

Corporate/Conflict Disclosure Statement by Planned Parenthood Southeast, Inc.. (Flaxman, Carrie) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
87

Corporate/Conflict Disclosure Statement by Planned Parenthood Southeast, Inc.. (Flaxman, Carrie) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER

***Attorney Carrie Y. Flaxman, Roger Kraus Evans, M. Wayne Sabel, SR, Randall C Marshall, Andrew David Beck for Kiwana Brooks and Shaneka Davis added pursuant to the 85 Amended Complaint. (No pdf attached to this entry) (wcl, )

July 26, 2013

July 26, 2013

PACER
88

ANSWER to 85 Amended Complaint by Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange.(Parker, William) Modified on 8/9/2013 to clarify text to reflect as also filed on behalf of Donald Williamson as indicated in PDF document (qc/djy, ). (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
89

MOTION for Protective Order by June Ayers, Kiwana Brooks, Shaneka Davis, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Kolbi-Molinas, Alexa) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
90

PROTECTIVE ORDER: it be and is hereby ORDERED that the 89 Motion for Protective Order be and is hereby GRANTED, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 8/23/2013. (wcl, ) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
91

MOTION to Substitute Party by June Ayers, Kiwana Brooks, Shaneka Davis, Planned Parenthood Southeast, Inc., Reproductive Health Services. (Flaxman, Carrie) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
92

ORDER granting 91 Motion to Substitute Party and Barbara Buchanan is substituted for Shaneka Davis as a plaintiff in this case. Signed by Honorable Judge Myron H. Thompson on 9/16/13. (Attachments: # 1 civil appeals checklist) (djy, ) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

RECAP
93

NOTICE of Appearance by James William Davis on behalf of Ellen Brooks, Brandon K. Falls, Ashley Rich, Luther Strange (Davis, James) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
94

Motion for Dyanne Griffith to Appear Pro Hac Vice by June Ayers, Reproductive Health Services. (Attachments: # 1 Certificate, # 2 Text of Proposed Order Proposed Order)(Marshall, Randall) Modified on 10/18/2013 to clarify text to include attorney name (qc/djy, ). (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
95

Motion for Skye Lynn Perryman to Appear Pro Hac Vice by June Ayers, Reproductive Health Services. (Attachments: # 1 certificate, # 2 Text of Proposed Order)(Marshall, Randall) Modified on 10/18/2013 to clarify text to include attorney name (qc/djy, ). (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: June 11, 2013

Closing Date: Aug. 5, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood Southeast and a licensed abortion facility in Alabama and its owner and administrator

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 1,700,000

Order Duration: 2013 - 2016

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Admitting privileges

Undue Burden

General:

Abortion