Case: Planned Parenthood Arizona Incorporated v. Brnovich

2:15-cv-01022 | U.S. District Court for the District of Arizona

Filed Date: June 4, 2015

Closed Date: May 8, 2020

Clearinghouse coding complete

Case Summary

This is a case about abortion providers and physicians challenging the constitutionality of a provision within Arizona's S.B. 1318 (the “Act”). On June 4, 2015, Planned Parenthood of Arizona, alongside a private physician practice and two board-certified obstetricians and gynecologists, filed this lawsuit in the United States District Court for the District of Arizona, seeking a declaratory judgment and preliminary injunctive relief on behalf of themselves and their patients. The plaintiffs sue…

This is a case about abortion providers and physicians challenging the constitutionality of a provision within Arizona's S.B. 1318 (the “Act”). On June 4, 2015, Planned Parenthood of Arizona, alongside a private physician practice and two board-certified obstetricians and gynecologists, filed this lawsuit in the United States District Court for the District of Arizona, seeking a declaratory judgment and preliminary injunctive relief on behalf of themselves and their patients. The plaintiffs sued the Arizona Attorney General, the Director of the Arizona Department of Health Services, members of the Arizona medical board, and members of the Arizona board of osteopathic examiners in medicine and surgery under 42 U.S.C. § 1983 and Ex Parte Young. Represented by the Center for Reproductive Rights and the American Civil Liberties Union Foundation, the plaintiffs sought to enjoin a provision of S.B. 1318 that compelled Arizona healthcare providers to tell abortion patients that a medication abortion may be reversible, regardless of if they were undergoing a medication or surgical abortion.
 
The plaintiffs claimed that the S.B. 1318 violated physicians’ First Amendment rights by requiring they convey to their patients a state-mandated message that was not medically or scientifically supported thus antithetical to the purpose of informed consent. The plaintiffs further claimed that the provision required that patients seeking an abortion receive false, misleading, and irrelevant information, which was harmful to the plaintiffs' patients, in violation of those patients' Fourteenth Amendment rights. The case was originally assigned to Judge John J. Tuchi, but Judge Steven P. Logan took over the proceedings upon Judge Tuchi's recusal.
 
Upon filing this lawsuit, plaintiffs also requested a temporary restraining order and/or preliminary injunction on June 4, 2015. Before the Act reached its effective date of July 3, 2015, the court entered a temporary restraining order enjoining enforcement of the Act on June 16. At the parties' request, the order was lifted, and the court entered an order of preliminary injunction enjoining the enforcement of S.B. 1318, pending final judgment.
 
The defendants filed their motion to dismiss on June 29, 2015, claiming that (1) the plaintiffs had failed to assert any claims under 42 U.S.C. § 1983 and (2) the plaintiffs failed to allege sufficient facts showing the defendants' personal participation going to failure to establish Article III standing under 42 U.S.C. § 1983.
 
On March 23, 2016, the district court ruled on the motion to dismiss, denying it in part and granting it in part. First, the court found that the plaintiffs had sufficiently alleged a claim under 42 U.S.C. § 1983 because they had claimed violations of their First and Fourteenth Amendments, fulfilling the requirement that § 1983 be used to vindicate federal rights provided outside of § 1983 itself. Thus, the defendant's motion was rejected on the first count. Second, the court held that the physicians had sufficiently alleged concrete and imminent injury to have Article III standing, the abortion clinics had Article III standing to challenge the law on behalf of third-party abortion physicians they employed and women seeking abortions, and so all the plaintiffs had standing to bring suit against all the defendants, except for the Director of the Arizona Department of Health Services. 172 F. Supp. 3d 1075.
 
On May 17, 2016, Arizona S.B. 1112 repealed the portions of S.B. 1318 that the plaintiffs challenged. Therefore, on August 18, 2016, the parties stipulated that the matter be dismissed. On September 23, 2016, the plaintiffs filed a motion for attorneys' fees and related expenses. On August 14, 2017, the court entered a judgment that the plaintiffs were to be awarded $591,724.50 in attorneys' fees and $20,494.28 in non-taxable expenses. After requiring the plaintiffs to refile in accordance with local rules, the court ordered on September 12 that the defendants also pay $11,927.29 in taxes. The plaintiffs had sought to file a supplemental application for attorneys' fees, but then withdrew the application after notifying the court on September 21, 2017, that the parties had reached a settlement, with the defendants agreeing to pay $550,000.

The plaintiffs filed a satisfaction of judgment on May 8, 2020. The case is closed.

Summary Authors

Calvin Kim (7/11/2022)

Calvin Kim (10/29/2022)

Documents in the Clearinghouse

Document
1

2:15-cv-01022

Complaint for Injunctive and Declaratory Relief

Planned Parenthood Arizona, Inc. v. Brnovich

June 4, 2015

June 4, 2015

Complaint
112

2:15-cv-01022

Order

Planned Parenthood Arizona, Inc. v. Brnovich

March 23, 2016

March 23, 2016

Order/Opinion
134

2:15-cv-01022

Order Dismissing Case

Aug. 23, 2016

Aug. 23, 2016

Order/Opinion
142

2:15-cv-01022

Judgment on Attorney Fees

Planned Parenthood Arizona, Inc. v. Brnovich

Aug. 14, 2017

Aug. 14, 2017

Order/Opinion
150

2:15-cv-01022

Settlement Agreement

Planned Parenthood Arizona, Inc. v. Brnovich

Nov. 1, 2017

Nov. 1, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5595225/planned-parenthood-arizona-incorporated-v-brnovich/

Last updated Jan. 1, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-11750463 filed by Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor, Desert Star Family Planning LLC. (Lawrence Rosenfeld) (Attachments: # 1 Index and Exhibits, # 2 Civil Cover Sheet)(KMG) (Entered: 06/04/2015)

1 Index and Exhibits

View on PACER

2 Civil Cover Sheet

View on PACER

June 4, 2015

June 4, 2015

Clearinghouse
2

MOTION for Leave to File Excess Pages for Motion for Temporary Restraining Order and/or Preliminary Injunction by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (submitted by Lawrence Rosenfeld) (Attachments: # 1 Text of Proposed Order)(KMG) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

Clearinghouse
3

(Filed at doc.# 22 ) ... LODGED Proposed Motion for Temporary Restraining Order and/or Preliminary Injunction re: 2 MOTION for Leave to File Excess Pages for Motion for Temporary Restraining Order and/or Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (submitted by Lawrence Rosenfeld) (Attachments: # 1 Exhibit, # 2 Order to Show Cause)(KMG) Modified on 6/10/2015 (KMG). (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
4

Corporate Disclosure Statement by Desert Star Family Planning LLC, Planned Parenthood Arizona Incorporated. (submitted by Lawrence Rosenfeld) (KMG) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
5

SUMMONS Submitted by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (submitted by Lawrence Rosenfeld) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons)(KMG) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
6

Filing fee paid, receipt number 0970-11750463. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-15-01022-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KMG) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
7

MOTION for Admission Pro Hac Vice as to attorney Andrew D Beck by Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor. (Beck, Andrew) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Brigitte A Amiri by Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor. (Amiri, Brigitte) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Alice Clapman by Planned Parenthood Arizona Incorporated. (Clapman, Alice) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Susan Talcott Camp by Desert Star Family Planning LLC, Eric Reuss, DeShawn Taylor. (Camp, Susan) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
11

MOTION for Admission Pro Hac Vice as to attorney David P. Brown by Paul A Isaacson. (Brown, David) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
12

Summons Issued as to Jodi A Bain, Marc D Berg, Donna Brister, Mark Brnovich, Cara M Christ, Douglas Cunningham, Gary Erbstoesser, Screven Farmer, Gary R Figge, Robert E Fromm, Paul S Gerding, James Gillard, Jenna Jones, Lois Krahn, Jerry G Landau, Patricia E McSorley, Edward G Paul, Richard T Perry, Martin B Reiss, Lew Riggs, Vas Sabeeh, Wanda J Salter, Scott Steingard. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons)(KMG). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
13

MOTION for Admission Pro Hac Vice as to attorney Helene T. Krasnoff by Planned Parenthood Arizona Incorporated. (Krasnoff, Helene) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
14

MOTION for Admission Pro Hac Vice as to attorney Kimberly A Parker on behalf of American College of Obstretricians & Gynecologists. (BAS) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
15

MOTION for Admission Pro Hac Vice as to attorney Skye Lynn Perryman on behalf of American College of Obstretricians & Gynecologists. (BAS) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
16

MOTION for Admission Pro Hac Vice as to attorney Tiffany E Payne on behalf of American College of Obstretricians & Gynecologists. (BAS) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
17

MOTION for Admission Pro Hac Vice as to attorney Diana Salgado on behalf of Planned Parenthood Arizona Incorporated. (BAS) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
18

MOTION for Admission Pro Hac Vice as to attorney Hillary Schneller on behalf of Paul A Isaacson. (BAS) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
19

ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice; granting 8 Motion for Admission Pro Hac Vice; granting 10 Motion for Admission Pro Hac Vice; granting 11 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice; granting 15 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice; granting 17 Motion for Admission Pro Hac Vice; granting 18 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
20

I hereby recuse myself from any further action in the above-captioned matter. IT IS ORDERED this case be reassigned, by lot, to another judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Steven P. Logan All future pleadings and papers submitted for filing shall bear the following complete case number: CV-15-01022-PHX-SPL. Pending: Doc. 2 /Motion for Leave to File Excess Pages for TRO. Signed by Judge John J Tuchi on 6/5/2015. (KMG) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159348 as to Hillary Schneller. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159344 as to Kimberly A Parker. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159344 as to Tiffany E Payne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159347 as to Diana Salgado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159345 as to Susan Talcott Camp, Andrew D Beck, Brigitte Amiri. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159349 as to David Brown. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER

Pro Hac Vice Fee Paid

June 5, 2015

June 5, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159344 as to Skye Lynn Perryman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 5, 2015

June 5, 2015

PACER
21

ORDER granting Plaintiff's 2 Motion to Exceed. The Clerk of Court shall file the lodged proposed Motion for Temporary Restraining Order and/or Preliminary Injunction (lodged at Doc. 3). Signed by Judge Steven P. Logan on 6/8/15.(CLB) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
22

MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (Attachments: # 1 Index of Exhibits and Exhibits, # 2 Order to Show Cause)(KMG) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
23

ORDER that a Preliminary Injunction Hearing is set for June 23, 2015 at 9:00 a.m., before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day O'Connor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 501. (See Order for further details) Signed by Judge Steven P. Logan on 6/8/15. (Attachments: # 1 Attachments A-B)(CLB) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
24

ORDER that the Clerk of Court shall terminate American College of Obstetricians & Gynecologists as amicus curiae in this action. This Order shall have no impact with regard to the grant of counsel's Application of Attorney for Admission to Practice Pro Hac Vice (Doc. 19). IT IS FURTHER ORDERED that any party wishing to appear amicus curiae in this action and file a brief in that capacity must first seek leave of Court by filing a motion in accordance with the local and federal rules. Signed by Judge Steven P. Logan on 6/8/15. (CLB) Modified on 6/8/2015 (CLB). (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
25

ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER

Pro Hac Vice Fee Paid

June 8, 2015

June 8, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159410 as to Helene Krasnoff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 8, 2015

June 8, 2015

PACER
26

ORDER pursuant to General Order 09-08 granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
27

*SERVICE EXECUTED filed by Planned Parenthood Arizona Incorporated: Proof of Service re: Summons, Complaint for Injunctive and Declaratory Relief, Civil Cover Sheet, Corporate Disclosure Statement, Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities, Motion to Exceed Page Limitation, Order dated June 8, 2015 (with Attachments A and B), [Proposed] Order to Show Cause upon Donna Brister, Jodie Bain, Marc Berg, Mark Brnovich, Cara M Christ, Douglas Cunningham, Screven Farmer, Gary Figge, Robert E Fromm, Paul S Gerding, James Gillard, Jenna Jones, Lois Krahn, Jerry Landau, Patricia E McSorley, Edward Paul, Richard Perry, Martin B Reiss, Lew Riggs, Vas Sabeeh, Wanda J Salter, Scott Steingard on 6/8/2015.(Rosenfeld, Lawrence) *Modified to correct language for Service Executed on 6/10/2015 (KMG). (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
28

SERVICE EXECUTED filed by Planned Parenthood Arizona Incorporated: Proof of Service re: Summons; Complaint for Injunctive and Declaratory Relief; Civil Cover Sheet; Corporate Disclosure Statement; Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities; Motion to Exceed Page Limitation; Order dated June 8, 2015 (with Attachments A and B) upon Gary Erbstoesser, D.O., Board of Osteopathic Examiners Member, in his official capacity on 6/9/15. (Rosenfeld, Lawrence) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER

Pro Hac Vice Fee Paid

June 9, 2015

June 9, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX159346 as to Alice Clapman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 9, 2015

June 9, 2015

PACER
29

NOTICE of Appearance by Douglas V Drury on behalf of Cara M Christ. (Drury, Douglas) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
30

STIPULATION re: 23 Order, Set/Reset Hearings, 22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction for Entry of Temporary Restraining Order, and Amending Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by Planned Parenthood Arizona Incorporated. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rosenfeld, Lawrence) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
32

ORDER granting 30 Stipulation and entering Temporary Restraining Order. IT IS FURTHER ORDERED the Preliminary Injunction Hearing set for 6/23/2015 is reset to 10/21/2015 at 9:00 AM before the Honorable Steven P. Logan, United States District Judge, in the Sandra Day O'Connor United States Courthouse, located at 401 West Washington Street, Phoenix, AZ 85003, 5th Floor, Courtroom 501. Signed by Judge Steven P. Logan on 6/16/2015. (See Order for further details.) (Attachments: # 1 Attachments A-B) (jm) (Entered: 06/16/2015)

1 Exhibit Attachments A-B

View on PACER

June 16, 2015

June 16, 2015

RECAP
31

NOTICE re: Notice Regarding Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities by Cara M Christ . (Drury, Douglas) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
33

Consent MOTION for Leave to File Amici Curiae Brief by American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Attachments: # 1 Text of Proposed Order)(Parker, Kimberly) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
34

LODGED Proposed Brief of Amici Curiae re: 33 Consent MOTION for Leave to File Amici Curiae Brief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Parker, Kimberly) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
35

NOTICE of Appearance by Kimberly Parker on behalf of American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Parker, Kimberly) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
36

Corporate Disclosure Statement by American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Parker, Kimberly) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
37

NOTICE of Appearance by Tiffany Payne on behalf of American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Payne, Tiffany) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
38

NOTICE of Appearance by Skye Perryman on behalf of American College of Obstetricians & Gynecologists, American Medical Association, Arizona Medical Association. (Perryman, Skye) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
39

* ANSWER to 1 Complaint by Jodi A Bain, Marc D Berg, Donna Brister, Screven Farmer, Gary R Figge, Robert E Fromm, Paul S Gerding, James Gillard, Lois Krahn, Edward G Paul, Richard T Perry, Wanda J Salter.(Tellier, John) *Document is not in compliance with LRCiv 7.1(c); Attorney notified on 6/30/2015 (KMG). (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
40

* MOTION to Dismiss for Failure to State a Claim by Jenna Jones, Patricia E McSorley. (Attachments: # 1 Text of Proposed Order)(Tellier, John) *Document is not in compliance with LRCiv 7.1(c); Attorney notified on 6/30/2015 (KMG). (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
41

* MOTION to Dismiss Case Partial Motion to Dismiss Certain Plaintiffs' Claims Against the Members of the AZ Medical Board by Jodi A Bain, Marc D Berg, Donna Brister, Screven Farmer, Gary R Figge, Robert E Fromm, Paul S Gerding, James Gillard, Lois Krahn, Edward G Paul, Richard T Perry, Wanda J Salter. (Attachments: # 1 Proposed Order)(Tellier, John) *Document is not in compliance with LRCiv 7.1(c); Attorney notified on 6/30/2015 (KMG). Modified on 8/4/2015 (REW). (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
42

NOTICE of Appearance by Aubrey Joy Corcoran on behalf of Mark Brnovich, Cara M Christ. (Corcoran, Aubrey) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
43

* MOTION to Dismiss Counts/Claims Plaintiffs' Claims Against the Members of the AZ Board of Osteopathic Examiners in Medicine and Surgery for Lack of Standing by Douglas Cunningham, Gary Erbstoesser, Jerry G Landau, Martin B Reiss, Lew Riggs, Vas Sabeeh, Scott Steingard. (Attachments: # 1 Text of Proposed Order)(Tellier, John) *Modified to correct event, also Document is not in compliance with LRCiv 7.1(c); Attorney notified on 6/30/2015 (KMG). (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
44

MOTION to Dismiss for Failure to State a Claim by Cara M Christ. (Corcoran, Aubrey) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
45

*Defendant's ANSWER to 1 Complaint by Cara M Christ.(Drury, Douglas) *Document is not in compliance with LRCiv 7.1(c); Attorney notified on 7/1/2015 (KMG). (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

Clearinghouse
46

MOTION to Dismiss for Failure to State a Claim by Mark Brnovich. (Corcoran, Aubrey) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

Clearinghouse
47

ORDER that Motion for Leave to File Brief of Amici Curiae (Doc. 33 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall filed the lodged proposed brief (Doc. 34 at 3-25). Signed by Judge Steven P Logan on 7/1/2015.(KMG) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
48

BRIEF by Amici Curiae re: 22 MOTION for Preliminary Injunction by Amicus American College of Obstetricians & Gynecologists, Movants American Medical Association, Arizona Medical Association. (KMG) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

Clearinghouse
49

ORDER that Plaintiffs must file their Response to the Motions to Dismiss no later than July 31, 2015. (See Order for details) Signed by Judge Steven P. Logan on 7/1/15. (CLB) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

Clearinghouse
50

MOTION for Admission Pro Hac Vice as to attorney Mailee R Smith on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Physicians for Life, National Association of Pro-Life Nurses, and National Association of Catholic Nurses. (BAS) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
51

ORDER pursuant to General Order 09-08 granting 50 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER

Pro Hac Vice Fee Paid

July 6, 2015

July 6, 2015

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX160341 as to Mailee R Smith. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2015

July 6, 2015

PACER
52

Consent MOTION to File Amicus Curiae Brief by American Association of Pro-Life Obstetricians & Gynecologists, National Association of Catholic Nurses, National Association of Pro-Life Nurses, Physicians for Life. (Attachments: # 1 Proposed order)(Smith, Mailee) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
53

(Filed at doc.# 57 )... LODGED Proposed Lodged amicus brief re: 52 Consent MOTION to File Amicus Curiae Brief. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by American Association of Pro-Life Obstetricians & Gynecologists, National Association of Catholic Nurses, National Association of Pro-Life Nurses, Physicians for Life. (Smith, Mailee) Modified on 7/29/2015 (KMG). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
54

NOTICE of Appearance by Mailee R Smith on behalf of American Association of Pro-Life Obstetricians & Gynecologists, National Association of Catholic Nurses, National Association of Pro-Life Nurses, Physicians for Life. (Smith, Mailee) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
55

Corporate Disclosure Statement by American Association of Pro-Life Obstetricians & Gynecologists, National Association of Catholic Nurses, National Association of Pro-Life Nurses, Physicians for Life. (Smith, Mailee) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
56

ORDER that Motion for Leave to File Brief of Amici Curiae (Doc. 52 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall filed the lodged proposed brief (Doc. 53 at 3-27). Signed by Judge Steven P Logan on 7/29/2015.(KMG) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
57

BRIEF ON AMICI CURIAE by Amicus Parties American Association of Pro-Life Obstetricians & Gynecologists, National Association of Catholic Nurses, National Association of Pro-Life Nurses, Physicians for Life. (KMG) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
58

MOTION to File Amicus Curiae in opposition to Plaintiffs by William Chavira, Clint Leonard. (Attachments: # 1 Exhibit Proposed Brief and Exhibits, # 2 Text of Proposed Order Proposed Order granting leave to file)(Carden, Joshua) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
59

DENIED by Doc. 84 - LODGED Proposed Lodged Brief of Amici Curae Chavira and Leonard and Exhibits re: 58 MOTION to File Amicus Curiae in opposition to Plaintiffs. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by William Chavira, Clint Leonard. (Carden, Joshua) Modified on 9/16/2015 (CLB). (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
60

EXHIBIT "C" WITHDRAWN by doc.# 88 : RESPONSE to Motion re: 22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cara M Christ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (1), # 7 Exhibit F(2), # 8 Exhibit F(3))(Drury, Douglas) Modified on 9/24/2015 (KMG). (Entered: 07/30/2015)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on RECAP

6 Exhibit F (1)

View on RECAP

7 Exhibit F(2)

View on RECAP

8 Exhibit F(3)

View on RECAP

July 30, 2015

July 30, 2015

Clearinghouse
61

MOTION for Leave to File Excess Pages for Response to Motion for Temporary Orders by Cara M Christ. (Attachments: # 1 Text of Proposed Order)(Drury, Douglas) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
62

Joinder re: 60 Response to Motion Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities by Defendants Jodi A Bain, Marc D Berg, Donna Brister, Douglas Cunningham, Gary Erbstoesser, Screven Farmer, Paul S Gerding, James Gillard, Jenna Jones, Lois Krahn, Jerry G Landau, Patricia E McSorley, Edward G Paul, Richard T Perry, Martin B Reiss, Lew Riggs, Vas Sabeeh, Wanda J Salter, Scott Steingard. filed by Jodi A Bain, Marc D Berg, Donna Brister, Douglas Cunningham, Gary Erbstoesser, Screven Farmer, Paul S Gerding, James Gillard, Jenna Jones, Lois Krahn, Jerry G Landau, Patricia E McSorley, Edward G Paul, Richard T Perry, Martin B Reiss, Lew Riggs, Vas Sabeeh, Wanda J Salter, Scott Steingard. (Tellier, John) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
63

*DUPLICATIVE of 60 (Per Order 78 ) LODGED Proposed to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities re: 22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Cara M Christ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F(1), # 7 Exhibit F(2), # 8 Exhibit F(3))(Drury, Douglas) *Modified on 9/1/2015 (KGM)*. (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
64

Joinder re: 60 Response to Motion by Defendant Mark Brnovich. filed by Mark Brnovich. (Corcoran, Aubrey) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
65

RESPONSE to Amici Curiae The American College of Obstetricians, The American Medical Association and the Arizona Medical Association by Defendant Cara M Christ. (Drury, Douglas) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
66

RESPONSE to Motion re: 46 MOTION to Dismiss for Failure to State a Claim, 44 MOTION to Dismiss for Failure to State a Claim, 43 MOTION to Dismiss Counts/Claims, 40 MOTION to Dismiss for Failure to State a Claim, 41 MOTION to Dismiss Case Partial Motion to Dismiss Certain Plaintiffs' Claims Against the Members of the AZ Medical Board filed by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (Pochoda, Daniel) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
67

Joinder re: 62 Joinder of Additional Parties in Response to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Memorandum of Points and Authorities by Defendants Gary R Figge, Robert E Fromm. filed by Gary R Figge, Robert E Fromm. (Tellier, John) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
68

STIPULATION to Extend Due Date for the Filing of Replies to Plaintiffs' Consolidated Response to Defendants' Motion to Dismiss by Jodi A Bain, Marc D Berg, Donna Brister, Mark Brnovich, Cara M Christ, Douglas Cunningham, Gary Erbstoesser, Screven Farmer, Gary R Figge, Robert E Fromm, Paul S Gerding, James Gillard, Jenna Jones, Lois Krahn, Jerry G Landau, Patricia E McSorley, Edward G Paul, Richard T Perry, Martin B Reiss, Lew Riggs, Vas Sabeeh, Wanda J Salter, Scott Steingard. (Attachments: # 1 Text of Proposed Order)(Tellier, John) (Entered: 08/11/2015)

1 Text of Proposed Order

View on PACER

Aug. 11, 2015

Aug. 11, 2015

PACER
69

ORDER granting the parties' 68 Stipulation. Defendants shall have until August 21, 2015, to file their Replies to the Motions to Dismiss. Signed by Judge Steven P. Logan on 8/11/15. (CLB) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
70

RESPONSE in Opposition re: 58 MOTION to File Amicus Curiae in opposition to Plaintiffs Motion for Preliminary Injunction filed by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (Lopez, Victoria) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
71

REPLY to Response to Motion re: 58 MOTION to File Amicus Curiae in opposition to Plaintiffs Motion for Injunctive Relief filed by William Chavira, Clint Leonard. (Carden, Joshua) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
72

*REPLY to Response to Motion re: 40 MOTION to Dismiss for Failure to State a Claim by Defendants Jenna Jones, Patricia E McSorley. (Tellier, John) *Modified to correct event and document linkage on 8/24/2015 (KMG). (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
73

REPLY re: 66 Response to Motion to Dismiss by Defendants Douglas Cunningham, Gary Erbstoesser, Jerry G Landau, Martin B Reiss, Lew Riggs, Vas Sabeeh, Scott Steingard. (Tellier, John) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
74

REPLY to Response to Motion re: 44 MOTION to Dismiss for Failure to State a Claim Reply in Support of Partial Motion to Dismiss Certain Plaintiffs' Claims Against Cara M. Christ, M.D., Director of the Arizona Department of Health Services filed by Cara M Christ. (Corcoran, Aubrey) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
75

REPLY to Response to Motion re: 46 MOTION to Dismiss for Failure to State a Claim Reply in Support of Motion to Dismiss by Defendant Attorney General Brnovich filed by Mark Brnovich. (Corcoran, Aubrey) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
76

Consent MOTION for Leave to File Excess Pages for Motion to Exceed Page Limitation by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (Attachments: # 1 Text of Proposed Order)(Lopez, Victoria) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
77

*Filed at (Doc. 80 ) pursuant to 79 Order--LODGED Proposed Plaintiffs' Reply Memorandum of Law In Support of Motion for Preliminary Injunction re: 22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Desert Star Family Planning LLC, Paul A Isaacson, Planned Parenthood Arizona Incorporated, Eric Reuss, DeShawn Taylor. (Attachments: # 1 Exhibit Exhibits 1-2 to Plaintiffs' Reply)(Lopez, Victoria) Modified on 9/1/2015 (KGM). (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
78

ORDER that the Motion to Exceed (Doc. 61 ) is granted. Defendants' Response to the Motion for Preliminary Injunction shall be deemed filed at Doc. 60 . Signed by Judge Steven P Logan on 9/1/15.(KGM) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
79

ORDER that the Motion to Exceed (Doc. 76 ) is granted. The Clerk of Court shall file the lodged proposed Reply in support of the Motion for Preliminary Injunction (lodged at Doc. 77 ). Signed by Judge Steven P Logan on 9/1/2015.(KGM) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
80

REPLY to Response to Motion re: 22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Arizona Incorporated. (KGM) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
81

MOTION to Amend/Correct Complaint by Planned Parenthood Arizona Incorporated. (Attachments: # 1 Exhibit Lodged Proposed Supplemental Complaint, # 2 Text of Proposed Order Proposed Order)(Rosenfeld, Lawrence) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
82

MEMORANDUM in Support of 81 MOTION to Amend/Correct Complaint by Plaintiff Planned Parenthood Arizona Incorporated. (Rosenfeld, Lawrence) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
83

STRICKEN by Doc. 85 - DECLARATION of Dr. George Delgado (Amended) by Defendant Cara M Christ. (Drury, Douglas) Modified on 9/15/2015 (CLB). (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

Clearinghouse
84

ORDER denying the 58 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Steven P. Logan on 9/15/15.(CLB) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
85

ORDER that the Amended Declaration of George Delgado, M.D. 83 filed by Defendant Cara M. Christ on September 9, 2015 is stricken. IT IS FURTHER ORDERED that Defendant may file a Notice of Errata, citing the specific document that is intended to be corrected, the correction to be made, and attaching the document containing such correction. Signed by Judge Steven P. Logan on 9/15/15. (CLB) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
86

NOTICE of Errata re: 60 Response to Motion by Defendant Cara M Christ.. (Attachments: # 1 Exhibit A)(Drury, Douglas) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 4, 2015

Closing Date: May 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Arizona, alongside a private physician practice and two board-certified obstetricians and gynecologists, filed suit on behalf of themselves and their patients.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

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

Arizona Medical Board, State

Arizona Board of Osteopathic Examiners in Medicine and Surgery, State

Attorney General, State

Arizona Department of Health Services, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,174,146.07

Order Duration: 2015 - 2016

Issues

Reproductive rights:

Medication abortion

Patient disclosure requirement

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

General:

Abortion

Type of Facility:

Non-government non-profit