Case: Planned Parenthood of Greater Texas Surgical Health Services v. Abbott

1:13-cv-00862 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 26, 2013

Closed Date: Dec. 10, 2014

Clearinghouse coding complete

Case Summary

This is a case is about a challenge to Texas House Bill 2 (“the Act”) which allegedly imposed burdensome requirements on abortion providers. On September 27, 2013, several abortion clinics and physicians filed this lawsuit on behalf of themselves and their patients in the United States District Court for the Western District of Texas, Austin Division. The plaintiffs sued the Attorney General of Texas, the Commissioner of the Texas Department of State Health Services, the Executive Director of t…

This is a case is about a challenge to Texas House Bill 2 (“the Act”) which allegedly imposed burdensome requirements on abortion providers. On September 27, 2013, several abortion clinics and physicians filed this lawsuit on behalf of themselves and their patients in the United States District Court for the Western District of Texas, Austin Division. The plaintiffs sued the Attorney General of Texas, the Commissioner of the Texas Department of State Health Services, the Executive Director of the Texas Medical Board, and several county and district attorneys under 42 U.S.C. § 1983. Represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, the ACLU Reproductive Freedom Project, the ACLU of Texas, and private counsel, the plaintiffs sought declaratory relief, attorneys’ fees, and a preliminary and permanent injunction restraining the defendants from enforcing the Act. The plaintiffs claimed that the Act had the purpose and effect of forcing health centers throughout the state to stop providing abortions. The case was assigned to District Court Judge Lee Yeakel.

The Act required all physicians to have "active admitting privileges" at a hospital providing obstetrical or gynecological health care services not further than 30 miles from the location at which the abortion was performed or induced, required providers to follow the allegedly outdated medication abortion regimen approved by the FDA in 2000, and mandated that the minimum standards for an abortion facility had to be equivalent to the minimum standards for ambulatory surgical centers. If the law went into effect, more than one third of the state’s licensed abortion facilities would be forced to stop offering abortions altogether, facilities would be forced to decrease the number of abortions they provide, and many women would be unable to obtain a medication abortion. The plaintiffs alleged that the admitting privileges and medication abortion provisions were facially unconstitutionally vague, subjecting the plaintiffs to arbitrary and discriminatory enforcement. These provisions also allegedly violated the plaintiffs’ rights guaranteed by the Fourteenth Amendment Due Process Clause. The plaintiffs in this case did not challenge the ambulatory surgical center requirement.

On October 1, 2013, the plaintiffs moved for a preliminary injunction. While that was pending, the parties filed a joint motion on October 17 to dismiss the local prosecutor defendants, which Judge Yeakel granted that same day. 

After a three-day bench trial, Judge Yeakel rendered a final judgment on October 28, 2013. 951 F.Supp.2d 891. He declared that the admitting-privileges provision did not bear a rational relationship to the State's legitimate interest in preserving and promoting fetal life or a woman's health and that, in any event, it posed an undue burden. The court enjoined enforcement of that provision. It also enjoined enforcement of the medication abortion provisions, but only where a physician determined, in appropriate medical judgment, that a medication abortion was necessary for the preservation of the life or health of the mother. Judge Yeakel concluded that surgical abortion was a reasonable alternate to medication abortion and that Texas had broad discretion to regulate the method of abortion, unless there was a significant health risk. 

That same day, the defendants appealed to the United States Court of Appeals for the Fifth Circuit and the next day, they filed a motion for a stay pending the appeal. On October 31, 2013, the Fifth Circuit granted the defendants’ motion in part. 734 F.3d 406. It stayed the injunction of the admitting-privileges provision, concluding that the provision would likely prevent patient abandonment and promote proper credentialing of physicians. The Fifth Circuit narrowed the medication abortion injunction, only enjoining the medication abortion provisions with respect to a mother who was 50 to 63 days from her last menstrual period if the physician who was to perform the abortion procedure had exercised appropriate medical judgment and determined that due to a physical abnormality or preexisting condition of the mother, a surgical abortion would not be safe and medically sound. 

On November 4, 2013, the plaintiffs asked the United States Supreme Court to vacate the stay, but fifteen days later, the Court denied the application. 571 U.S. 1061. Three justices concurred in the denial, arguing that the Court was correct to deny the application because the applicants failed to show that the Fifth Circuit's stay was a clear violation of accepted legal standards. Four justices dissented, arguing that the stay unnecessarily disrupted the status quo, leaving 20,000 women without access to an abortion provider such that the balance of harms tilted in favor of the applicants.

Back in the Fifth Circuit, on March 27, 2014, the court held that both of the challenged provisions were constitutional. 748 F.3d 583. It concluded that the admitting privileges requirement did not amount to an "undue burden" because it would not cause hardship to the "vast majority of Texas women seeking abortions." However, it noted that the admitting privileges requirement could not be enforced against abortion providers who applied for admitting privileges within the grace period allowed under the Act, but who were awaiting a response from a hospital. As for the medication abortion provisions, the court held that the law did not facially require a court-imposed exception for the life and health of the woman, but that such an exception could be sought in an as-applied challenge. The Fifth Circuit reversed the district court's judgment and rendered judgment for the defendants. 

Shortly after the Fifth Circuit upheld the laws, the plaintiffs petitioned for a rehearing en banc, which the court denied on October 9, 2014. 769 F.3d 330. Judge James L. Dennis dissented, arguing that the case should be reheard because the panel essentially applied a rational basis test, instead of Casey's more stringent undue burden test.

On December 9, 2014, plaintiffs applied to the Supreme Court to extend the time to file a petition for a writ of certiorari. The next day, Justice Scalia denied the application. This case was then closed; however, in 2014, Texas abortion clinics filed an as-applied challenge to the admitting requirement and the ambulatory surgical center requirement. In 2016, the Supreme Court held that that both requirements imposed a substantial obstacle to abortion and were unconstitutional. Read more about that case here.

Summary Authors

Zoe Van Dyke (12/21/2022)

Michelle Wolk (12/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401056/parties/planned-parenthood-of-greater-texas-surgical-health-services-v-abbott/


Judge(s)
Attorney for Plaintiff

Amiri, Brigitte Andrienne (Texas)

Bhandari, Esha (Texas)

Attorney for Defendant

Biggs, Adam Arthur (Texas)

Brandt, Thomas Phillip (Texas)

Brown, Clarkson F. (Texas)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:13-cv-00862

Complaint and Application for Preliminary and Permanent Injunction

Sept. 27, 2013

Sept. 27, 2013

Complaint
96

1:13-cv-00862

Memorandum Opinion Incorporating Findings of Fact and Conclusions of Law

Oct. 28, 2013

Oct. 28, 2013

Order/Opinion

951 F.Supp.2d 951

502426546

13-51008

Opinion

U.S. Court of Appeals for the Fifth Circuit

Oct. 31, 2013

Oct. 31, 2013

Order/Opinion

734 F.3d 734

13-00452

Opinion

Supreme Court of the United States

Nov. 19, 2013

Nov. 19, 2013

Order/Opinion

571 U.S. 571

13-51008

Opinion

U.S. Court of Appeals for the Fifth Circuit

March 27, 2014

March 27, 2014

Order/Opinion

748 F.3d 748

13-51008

Opinion on Petition for Rehearing and Rehearing En Banc

U.S. Court of Appeals for the Fifth Circuit

Oct. 9, 2014

Oct. 9, 2014

Order/Opinion

769 F.3d 769

Resources

Title Description External URL Date / External URL

Planned Parenthood v. Abbott

ACLU

The American Civil Liberties Union, Planned Parenthood Federation of America, the Center for Reproductive Rights and Texas law firm George Brothers Kincaid & Horton have filed a lawsuit in federa… March 27, 2014

March 27, 2014

https://www.aclu.org/...

The Negative Effects of Cumulative Abortion Regulations: Why the 5th Circuit Was Wrong in Upholding Regulations on Medication Abortions (Planned Parenthood of Greater Texas Surgical Health Services v. Abbott)

Benjamin A. Hooper

This Casenote examines the circuit split surrounding the constitutionality of these “medication abortion” laws, while focusing on the Fifth Circuit’s decision in Planned Parenthood of Greater Texas S… Aug. 1, 2015

Aug. 1, 2015

https://scholarship.law.uc.edu/...

Planned Parenthood v. Abbott: Evaluating the Admitting Privileges Requirements Under the Undue Burden Standard

Hope A. Phelps

Section II of this Note provides a summary of the admitting privileges provision, the grounds for challenging the provision, and the procedural history. Section III provides a brief legal history of … Sept. 1, 2015

Sept. 1, 2015

https://dspace.loyno.edu/...

Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice

Linda Greenhouse & Reva B. Siegel

They offer a fresh understanding of how the Supreme Court’s abortion jurisprudence addresses laws that invoke not potential life, but women’s health as a reason to single out abortion for burdensome … March 1, 2016

March 1, 2016

https://www.yalelawjournal.org/...

Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions

The Justice Department issued a legal slip opinion saying, "Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the se… Dec. 23, 2022

Dec. 23, 2022

https://www.justice.gov/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401056/planned-parenthood-of-greater-texas-surgical-health-services-v-abbott/

Last updated March 16, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link

Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS (LY) AS PART OF THE CASE NUMBER: 1:13-cv-862-LY. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kkc)

Sept. 26, 2013

Sept. 26, 2013

PACER
1

COMPLAINT AND APPLICATION FOR PRELIMINARY AND PERMANENT INJUNCTION ( Filing fee $ 400 receipt number 0542-5887465), filed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice,, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Sexual Healthcare Services,, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet)(George, R.) (Entered: 09/27/2013)

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

3 Civil Cover Sheet

View on PACER

Sept. 27, 2013

Sept. 27, 2013

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice,, Planned Parenthood Sexual Healthcare Services,, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice,, Planned Parenthood Sexual Healthcare Services,, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. Corrected (George, R.) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
4

Summons Issued as to Gregory Abbott, Devon Anderson, David Escamilla, Jaime Esparza, Rene Guerra, David Lakey, M.D., James E. Nichols, Matthew Powell, Susan D. Reed, Abelino Reyna, Mari Robinson, Joe Shannon, Jr., Craig Watkins. (kkc) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
5

Letter to Rico Reyes, Helene T. Krasnoff, Alice Clapman, Janet Crepps, Esha Bhandari, Jennifer Sokoler, Brigitte Amiri, Renee Paradis, Rebecca L. Robertson re: non-admitted status. (kkc) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
6

NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
7

NOTICE of Attorney Appearance by Arthur C. D'Andrea on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (D'Andrea, Arthur) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
8

MOTION for Leave to Exceed Page Limitation by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
9

MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Appendix Appendix and Exhibit A, # 2 Exhibit B, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F thru F-2, # 9 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
10

DEFICIENCY NOTICE: re 6 Notice of Appearance (dm) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
11

CERTIFICATE OF SERVICE by Gregory Abbott, David Lakey, M.D., Mari Robinson Corrected Certificate of Service 6 Notice of Appearance (Mitchell, Jonathan) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
12

ORDER GRANTING 8 Motion to Exceed Page Limits for Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
13

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896125) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
14

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896155) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
15

Minute Entry for proceedings held before Judge Lee Yeakel: Scheduling Conference held on 10/1/2013. Response brief to Motion for Preliminary Injunction due 10/15/2013 at noon; reply due 10/18/2013 at noon; Trial on the Merits set for 10/21/2013 at 9:00 am. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
16

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896254) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
17

NOTICE of Attorney Appearance by Michael P. Murphy on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Murphy, Michael) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
18

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896880) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
19

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896939) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
20

NOTICE of Attorney Appearance by Philip A. Lionberger on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Lionberger, Philip) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
21

ORDER GRANTING 13 Motion for Alice Clapman to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
22

ORDER GRANTING 14 Motion for Helene T. Krasnoff to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
23

ORDER GRANTING 16 Motion for Janet Crepps to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
24

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5897694) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
25

MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5897712) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
26

ORDER GRANTING 18 Motion for Esha Bhandari to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
27

ORDER GRANTING 19 Motion for Jennifer Sokoler to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
28

NOTICE of Attorney Appearance by Beth Klusmann on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Klusmann, Beth) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
29

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Gregory Abbott served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
30

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. David Escamilla served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
31

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Mari Robinson served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
32

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. David Lakey, M.D. served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
33

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. James E. Nichols served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
34

MOTION to Appear Pro Hac Vice by R. James George, Jr for Rico Reyes ( Filing fee $ 25 receipt number 0542-5904230) by on behalf of Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order Granting Mtn Admission PHV)(George, R.) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
35

ORDER GRANTING 34 Motion for Rico Reyes to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
36

Transcript filed of Proceedings held on October 1, 2013, Proceedings Transcribed: Scheduling Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/25/2013, Redacted Transcript Deadline set for 11/4/2013, Release of Transcript Restriction set for 1/2/2014, (Rodriguez, Arlinda) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
39

MOTION to Intervene by Mitchell Williams. (kkc) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
40

MOTION to Proceed in forma pauperis by Mitchell Williams. (kkc) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
37

ORDER GRANTING 24 Motion for Brigitte Amiri to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
38

ORDER GRANTING 25 Motion for Renee Paradis to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
41

ORDER DENYING 39 Motion for Mitchell Williams to Intervene; DISMISSING 40 Motion for Leave to Proceed in forma pauperis. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
42

MOTION to Appear Pro Hac Vice by R. James George, Jr for Rebecca L. Robertson ( Filing fee $ 25 receipt number 0542-5914059) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order Grating Motion PHV)(George, R.) Modified on 10/8/2013 to remove filers (kkc). (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
43

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Matthew Powell served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
44

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Susan D. Reed served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
45

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Abelino Reyna served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
46

MOTION to Appear Pro Hac Vice by Karen Tripp for Lawrence J. Joseph ( Filing fee $ 25 receipt number 0542-5914616) by on behalf of Texas Eagle Forum. (Tripp, Karen) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
47

ORDER (Trial on the Merits to the Bench set for 10/21/2013 at 9:00 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) Modified docket text on 10/8/2013 (kkc). (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
48

ORDER GRANTING 42 Motion for Rebecca L. Robertson to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
49

ORDER GRANTING 46 Motion for Lawrence J. Joseph to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
50

MOTION for Andrew S. Oldham to Appear Pro Hac Vice by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
51

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Devon Anderson served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
52

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, West Side Clinic, Inc., Whole Woman's Health. Jaime Esparza served on 9/27/2013, answer due 10/18/2013. (George, R.) Modified on 10/10/2013 to add filers (kkc). (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
53

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Routh Street Women's Clinic, West Side Clinic, Inc., Whole Woman's Health. Rene Guerra served on 9/30/2013, answer due 10/21/2013. (George, R.) Modified on 10/10/2013 to add filers (kkc). (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
54

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Joe Shannon, Jr. served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
55

SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Craig Watkins served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
56

ORDER that the parties to this cause shall file with the court their witness lists, exhibit lists, agreed stipulated facts, and proposed findings of fact and conclusions of law no later than 12:00 pm, Friday, October 18, 2013. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
57

ORDER GRANTING 50 Motion for Andrew S. Oldham to Appear Pro Hac Vice for Defendants Gregory Abbott, David Lakey, Mari Robinson. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
58

Unopposed MOTION for Leave to File Amicus Brief by Lawrence J. Joseph. by Texas Eagle Forum. (Attachments: # 1 Brief Proposed Amicus Brief, # 2 Exhibit Corporate Disclosure Statement, # 3 Proposed Order Proposed Order)(Joseph, Lawrence) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
59

RESPONSE to Motion, filed by Gregory Abbott, David Lakey, M.D., Mari Robinson, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (Mitchell, Jonathan) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

RECAP
60

APPENDIX to 59 Response to Motion,,, by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Attachments: # 1 Affidavit Dr. Mikeal Love, # 2 Affidavit Dr. Donna Harrison, # 3 Affidavit Dr. James Anderson, # 4 Affidavit Dr. John Thorp, # 5 Affidavit Abby Johnson, # 6 Affidavit Dr. Peter Uhlenberg, # 7 Affidavit Dr. Jacqueline Harvey, # 8 Affidavit Marc Connelly)(Mitchell, Jonathan) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
61

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference in Chambers held on 10/15/2013 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
62

ORDER GRANTING 58 Motion for Leave to File a Memorandum of Law as Amici Curiae in Support of Defendants Urging Denial of Interim Relief. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
63

Memorandum in Opposition to Motion, filed by Texas Eagle Forum, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiffs. (kkc) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
64

Joint MOTION to Dismiss JOINT MOTION TO DISMISS THE LOCAL PROSECUTOR DEFENDANTS by Devon Anderson, David Escamilla, Jaime Esparza, Rene Guerra, James E. Nichols, Matthew Powell, Susan D. Reed, Abelino Reyna, Joe Shannon, Jr., Craig Watkins. (Casas, Elaine) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
65

ORDER GRANTING 64 Motion to Dismiss Local Prosecutor Defendants. Terminated parties: Jaime Esparza (District Attorney for El Paso County, each in their official capacities, as well as their employees, agents, and successors), Rene Guerra (Criminal District Attorney for Hidalgo County), James E. Nichols (County Attorney for Bell County), Matthew Powell (Director of the Lubbock County Criminal District Attorney's Office), Susan D. Reed (Criminal District Attorney for Bexar County), Abelino Reyna (Criminal District Attorney for Mclennan County), Joe Shannon, Jr. (Criminal District Attorney for Tarrant County), Craig Watkins (Criminal District Attorney for Dallas County), Devon Anderson (District Attorney for Harris County) and David Escamilla (County Attorney for Travis County). Signed by Judge Lee Yeakel. (kkc) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
66

ADVISORY TO THE COURT by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
67

APPENDIX to 66 Advisory to the Court by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Attachments: # 1 Exhibit Email from Janet Crepps (Oct. 10, 2013), # 2 Exhibit Email from Janet Crepps (Oct. 15, 2013), # 3 Exhibit Email from Arthur C. D'Andrea (Oct. 15, 2013))(Mitchell, Jonathan) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
68

Witness List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
69

Witness List by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
70

Exhibit List by Gregory Abbott, David Lakey, M.D., Mari Robinson.. (Mitchell, Jonathan) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
71

Proposed Findings of Fact by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
72

Exhibit List Plaintiffs' Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health.. (von Kreisler, Elizabeth) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
73

Proposed Findings of Fact by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
74

REPLY to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (George, R.) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
75

*** FILING ERROR - DUPLICATE FILING OF DOCKET ENTRY NO. 74 *** REPLY to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (George, R.) Modified on 10/18/2013 (kkc). (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
76

APPENDIX to 74 Reply to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Exhibit Ex. A to Appendix, # 2 Exhibit Ex. B to Appendix, # 3 Exhibit Ex C to Appendix, # 4 Exhibit Ex. D to Appendix, # 5 Exhibit Ex. E part 1 to Appeddix, # 6 Exhibit Ex. E part 2 to Appendix, # 7 Exhibit Ex. E part 3 to Appendix, # 8 Exhibit Ex. E part 4 to Appendix, # 9 Exhibit Ex. F to Appendix)(George, R.) Modified docket text on 10/18/2013 (kkc). (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
77

*** FILING ERROR - WRONG PDF DOCUMENT FILED. DOCUMENT RE-FILED AS DOCKET ENTRY NO. 78 ***STIPULATION Joint Stipulation to Facts and Admissibility of Evidence by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) Modified docket text on 10/18/2013 (kkc). (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
78

STIPULATION Joint Stipulation of Facts and Admissibility of Evidence by Gregory Abbott, Devon Anderson, Austin Women's Health Center, Alan Braid, David Escamilla, Jaime Esparza, Rene Guerra, Houston Women's Clinic, Killeen Women's Health Center, David Lakey, M.D., James E. Nichols, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Matthew Powell, Susan D. Reed, Abelino Reyna, Pamela J. Richter, Lamar Robinson, Mari Robinson, Routh Street Women's Clinic, Joe Shannon, Jr., Southwestern Women's Surgery Center, Craig Watkins, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
79

CERTIFICATE OF SERVICE by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health 73 Proposed Findings of Fact,, (George, R.) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
80

Exhibit List Plaintiffs' Amended Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health.. (von Kreisler, Elizabeth) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
81

ANSWER to 1 Complaint,, by Gregory Abbott, David Lakey, M.D., Mari Robinson.(Mitchell, Jonathan) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

RECAP
82

NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 10/20/2013)

Oct. 20, 2013

Oct. 20, 2013

PACER
83

NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 10/20/2013)

Oct. 20, 2013

Oct. 20, 2013

PACER
84

Witness List by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
85

MOTION for Court Order Authorizing the Disclosure and Use of Abortion Induction and Complication Reports Submitted by Facility Plaintiffs by Gregory Abbott, David Lakey, M.D., Mari Robinson. (dm) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
86

ORDER GRANTING 85 Motion Authorizing Disclosure and Use at Trial of Abortion Induction and Complication Reports of Facility Plaintiffs. Signed by Judge Lee Yeakel. (dm) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
87

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial begun on 10/21/2013. Bench Trial returning on 10/22/2013 at 9:00 AM before Judge Lee Yeakel. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/22/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
88

Miscellaneous Objection to 70 Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
89

Evidentiary Objections to Plaintiff's Declarations and Rebuttal Declarations by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
90

TRIAL BRIEF REGARDING FEDERAL RULE OF EVIDENCE 807 by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

RECAP
91

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial held on 10/22/2013. Bench Trial Closing Argument set for 10/23/2013 at 10:00 AM before Judge Lee Yeakel. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
92

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial concluded on 10/23/2013 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
93

Witness List from Bench Trial by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (kkc) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
94

Amended Exhibit List from Bench Trial by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (kkc) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
95

Exhibit List from Bench Trial by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
96

MEMORANDUM OPINION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

Clearinghouse
97

FINAL JUDGMENT. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

RECAP
98

Appeal of Final Judgment 97 by Gregory Abbott, David Lakey, M.D., Mari Robinson. ( Filing fee $ 455 receipt number 0542-5969954) (Mitchell, Jonathan) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER

NOTICE OF APPEAL following 98 Notice of Appeal (E-Filed) by Gregory Abbott, David Lakey, M.D., Mari Robinson. Filing fee $455, receipt number 0542-5969954. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (kkc)

Oct. 28, 2013

Oct. 28, 2013

PACER

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Sept. 26, 2013

Closing Date: Dec. 10, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women’s Health Center, Whole Woman’s Health, Austin Women’s Health Center, Killeen Women’s Health Center, Southwestern Women’s Surgery Center, West Side Clinic, Inc., Routh Street Women’s Clinic, Houston Women’s Clinic, each on behalf of itself, its patients and physicians. In addition to the abortion clinics, three physicians were also plaintiffs, each on behalf of themselves and their patients.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

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

Criminal District Attorney for Hidalgo County (Hidalgo), County

Criminal District Attorney for McLennan County (McLennan), County

District Attorney for El Paso County (El Paso), County

Attorney General of Texas, State

Commissioner of the Texas Department of State Health Services, State

Executive Director of the Texas Medical Board, State

County Attorney for Travis County (Travis), County

Criminal District Attorney for Dallas County (Dallas), County

District Attorney for Harris County (Harris), County

Director of the Lubbock County Criminal District Attorney’s Office (Lubbock), County

County Attorney for Bell County (Bell), County

Criminal District Attorney for Tarrant County (Tarrant), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 2013 - 2013

Issues

Reproductive rights:

Admitting privileges

Licensing restriction

Medication abortion

Time-based abortion prohibition

Undue Burden

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

Abortion

General:

Confidentiality