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Case: Edwards v. Beck

4:13-cv-00224 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 16, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 16, 2013, two Arkansas physicians ("the plaintiffs") filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas challenging the Arkansas General Assembly's ban on abortion starting at twelve weeks of pregnancy. The plaintiffs, represented by the ACLU and the Center for Reproductive Rights, sued fifteen members of the Arkansas State Medical Board, including the board's president, and asked the court for declaratory and injunctive relief to prevent enforcement of …

On April 16, 2013, two Arkansas physicians ("the plaintiffs") filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas challenging the Arkansas General Assembly's ban on abortion starting at twelve weeks of pregnancy. The plaintiffs, represented by the ACLU and the Center for Reproductive Rights, sued fifteen members of the Arkansas State Medical Board, including the board's president, and asked the court for declaratory and injunctive relief to prevent enforcement of the state law. Specifically, the plaintiffs alleged that the abortion ban violated substantive due process rights guaranteed by the Fourteenth Amendment to the U.S. Constitution.

In response, the defendants filed a motion to dismiss for failure to state a claim on May 7, 2013. Judge Susan Webber Wright, however, denied this motion on May 15, 2013.

Two days later, the court held a hearing on the plaintiffs' motion for preliminary injunction. Judge Wright granted this motion that same day on May 17, 2013.

The parties proceeded to file cross motions for summary judgment with the defendants filing on May 31, 2013, and the plaintiffs on July 19, 2013. The defendants argued that two other provisions in the same state law were constitutionally valid and severable from the twelve-week ban: the heartbeat testing and disclosure requirements. Under the heartbeat testing provision, physicians would be required to discover whether the fetus possessed a detectible heartbeat prior to performing an abortion. In the event that a fetal heartbeat was detected, the disclosure provision would have required that the physician inform the pregnant woman that the fetus possessed a heartbeat and of the statistical probability of bringing the fetus to term. Contrastingly, the plaintiffs argued that the entire law was intended to accomplish the single purpose of banning abortion at the stage of pregnancy when a fetal heartbeat could be detected. Months later, on March 14, 2014, Judge Wright granted the defendants' motion for partial summary judgment and denied in part and granted in part the plaintiffs' cross motion. Judge Wright held that while the twelve-week abortion ban was unconstitutional, the remaining heartbeat testing and disclosure requirements were independently capable of protecting a legitimate state interest: protecting unborn children. 8 F. Supp. 3d 1091.

On April 11, 2014, the defendants appealed the court's order to the U.S. Court of Appeals for the Eighth Circuit. Over one year later, on May 27, 2015, the Eighth Circuit affirmed the lower court's judgment. 786 F.3d 1113. The court of appeals rested its decision on the defendants' failure to contest the plaintiffs' factual allegation that a fetus was generally not viable until twenty-four weeks' gestation and was never viable at twelve weeks. As such, under U.S. Supreme Court precedent, the twelve-week ban prohibited pregnant women from exercising their due process right to terminate a pregnancy at a point before viability. The court made clear that "[t]his case underscore[d] the importance of the parties, particularly the state, developing the record in a meaningful way so as to present a real opportunity for the court to examine viability, case by case, as viability steadily moves back towards conception." The defendants' petition for rehearing was denied on July 9, 2015, and their petition for certiorari to the U.S. Supreme Court was subsequently denied on February 4, 2016. 2015 U.S. App. LEXIS 11872; 136 S. Ct. 895.

Following these denials, Judge Wright of the U.S. District Court for the Eastern District of Arkansas awarded the plaintiffs $24,780 in attorneys fees and $748 in costs on March 11, 2016. 

In light of the Supreme Court's June 24, 2022 decision in Jackson Women's Health Org. v. Dobbs, defendants filed a motion for relief on July 1, 2022 in the U.S. District Court for the Eastern District of Arkansas. That motion is still pending before the court, and so the case is ongoing. 

Summary Authors

Richa Bijlani (5/31/2022)

Rachel Fishman (11/21/2022)

Documents in the Clearinghouse

Document
1

4:13-cv-00224

Complaint

April 16, 2013

April 16, 2013

Complaint
36

4:13-cv-00224

Order

May 23, 2013

May 23, 2013

Order/Opinion
57

4:13-cv-00224

Memorandum Opinion and Order

March 14, 2014

March 14, 2014

Order/Opinion
70

4:13-cv-00224

[Untitled]

U. S. Court of Appeals for the Eighth Circuit

May 27, 2015

May 27, 2015

Order/Opinion
91

4:13-cv-00224

Defendants' Motion for Relief from Judgment or Order Under Rule

July 1, 2022

July 1, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4549514/edwards-v-beck/

Last updated Nov. 21, 2022, 11:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all Defendants filed by Tom Tvedten and Louis Jerry Edwards. Filing fee of $350 paid, receipt# LIT039386. Summons issued and returned to counsel for service. (Attachments: # 1 Civil Cover Sheet).(dmn) (Entered: 04/16/2013)

1 Civil Cover Sheet

View on PACER

April 16, 2013

April 16, 2013

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice of Susan Talcott Camp filed by Louis Jerry Edwards and Tom Tvedten. (dmn) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
3

MOTION for Leave to Appear Pro Hac Vice of Stephanie Toti filed by Louis Jerry Edwards and Tom Tvedten. (dmn) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
4

MOTION for Preliminary Injunction by Louis Jerry Edwards and Tom Tvedten. (dmn) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
5

MEMORANDUM of Law in Support of 4 Motion for Preliminary Injunction filed by Louis Jerry Edwards and Tom Tvedten. (dmn) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

RECAP
6

ORDER REASSIGNING CASE to Judge Billy Roy Wilson for all further proceedings. Judge James M. Moody no longer assigned to case. Entered at the direction of the Court on 4/17/13. (djw) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
7

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 2 3 Plaintiffs' Motion for Leave for Ms. Stephanie Toti and Ms. Susan Camp to Appear Pro Hac Vice. Accordingly, Ms. Toti and Ms. Camp are directed to register for CM/ECF in the Eastern District of Arkansas by 5:00 p.m., Wednesday, May 1, 2013. Failure to register may result in removal from this case. Signed by Judge Billy Roy Wilson on 04/17/13. (dmm) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
8

NOTICE of Appearance by Colin R. Jorgensen on behalf of All Defendants (Jorgensen, Colin) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
9

LETTER/ORDER to Counsel re: 8 Notice of Appearance filed by the Attorney General. Signed by Judge Billy Roy Wilson on 4/18/2013. (dmn) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
10

NOTICE by All Plaintiffs re 9 Order (Brownstein, Bettina) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
11

NOTICE by All Defendants re 9 Order (Jorgensen, Colin) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
12

ORDER OF RECUSAL AND CASE REASSIGNMENT. Judge Billy Roy Wilson no longer assigned to case. Case randomly reassigned to Judge Susan Webber Wright for all further proceedings. Signed by Judge Billy Roy Wilson on 4/18/13. (djw) (Entered: 04/19/2013)

April 18, 2013

April 18, 2013

PACER
13

NOTICE of TELEPHONE CONFERENCE set for 4/23/2013 04:00 PM before Judge Susan Webber Wright. (mcn) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
14

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Susan Webber Wright: TELEPHONE Conference held on 4/23/2013; scheduling order to be entered. (Counsel: Bettina Brownstein, Stephanie Toti, Susan Talcott Camp; Colin Jorgensen; Court Reporter: Cheryl Kellar.) (mcn) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
15

ORDER Setting Hearing on Plaintiff's 4 Motion for Preliminary Injunction for 5/17/2013 at 10:00 AM in Little Rock Courtroom # A530 before Judge Susan Webber Wright. Defendant's response to complaint and response to Plaintiff's motion for preliminary injuction are due on or before 5/7/2013. Plaintiff's reply is due on or before 5/13/2013. The parties have to 5/14/2013 to notify opposing counsel regarding any witnesses expected to be called at the hearing. The parties shall submit a list of proposed exhibits and witnesses expected to be called by 5/15/2013. Signed by Judge Susan Webber Wright on 4/25/2013. (mcz) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
16

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (Jorgensen, Colin) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
17

BRIEF IN SUPPORT re 16 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Jorgensen, Colin) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
18

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by All Defendants. (Jorgensen, Colin) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
19

BRIEF IN SUPPORT re 18 Response in Opposition to Motion filed by All Defendants. (Jorgensen, Colin) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
20

MOTION by Proposed Intervenor Concepts of Truth, Inc. for Leave to Intervene as a Defendant as of Right or, in the Alternative, by Permission by Concepts of Truth Inc (jap) (Entered: 05/08/2013)

May 7, 2013

May 7, 2013

PACER
21

MEMORANDUM of Law of Proposed Intervenor Concepts of Truth, Inc. In Support of It's Motion to Intervene 20 filed by Concepts of Truth Inc. (jap) (Entered: 05/08/2013)

May 7, 2013

May 7, 2013

PACER
22

MOTION to Amend/Correct Memo and Answer by Concepts of Truth Inc (Attachments: # 1 Document Proposed Intervenor's Corrected Answer to Plaintiffs' Complaint, # 2 Document Corrected Memorandum in Support of Motion to Intervene)(Staver, Mathew) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
23

RESPONSE in Support re 20 MOTION to Intervene filed by All Defendants. (Jorgensen, Colin) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER
24

MOTION for Hearing by All Plaintiffs (Brownstein, Bettina) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
25

MEMORANDUM (Brownstein, Bettina) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
26

MOTION for Limited Admission Pro Hac Vice for Stephen M. Crampton by Concepts of Truth Inc (Attachments: # 1 Document Motion for Pro Hac Vice for Stephen Crampton)(Staver, Mathew) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
27

MOTION for Limited Admission Pro Hac Vice for Allan E. Parker by Concepts of Truth Inc (Attachments: # 1 Document Application for Pro Hac Vice for Allan E. Parker)(Staver, Mathew) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
28

ORDER granting pltfs' 24 Motion to Proceed with the preliminary injunction hearing scheduled for May 17, 2013, without the proposed intervenor's participation. Signed by Judge Susan Webber Wright on 5/10/13. (vjt) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
29

ORDER authorizing Stephanie Toti and Susan Talcott Camp to bring electronic devices into the courthouse on 5/17/13 for a hearing. Signed by Judge Susan Webber Wright on 5/13/13. (vjt) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
30

RESPONSE to Motion re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 4 MOTION for Preliminary Injunction (REPLY IN SUPPORT) filed by All Plaintiffs. (Camp, Susan) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
31

MOTION for Leave to File Amicus Brief in Support of Defendants' Opposition to Preliminary Injunction by Concepts of Truth Inc (Staver, Mathew) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
32

MEMORANDUM of points and authorities re 31 Motion for Leave to File filed by Concepts of Truth Inc. (Attachments: # 1 Document)(Staver, Mathew) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
33

ORDER denying defts' 16 Motion to Dismiss. Signed by Judge Susan Webber Wright on 5/15/13. (vjt) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

PACER
34

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Susan Webber Wright: Hearing held on 5/17/2013 re 4 MOTION for Preliminary Injunction filed by Louis Jerry Edwards and Tom Tvedten; the Court grants the motion for preliminary injunction; Order to be entered. (Counsel: Bettina Brownstein, Holly Dickson, Stephanie Toti, Susan Talcott Camp; Colin Jorgensen, Brad Phelps; Court Reporter: Cheryl Kellar.) (mcn) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

PACER
35

RESPONSE to Motion re 31 MOTION for Leave to File Amicus Brief in Support of Defendants' Opposition to Preliminary Injunction filed by All Plaintiffs. (Camp, Susan) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
36

ORDER granting pltfs' 4 Motion for Preliminary Injunction; defts are enjoined from enforcing or otherwise implementing Arkansas Act 301 of the 2013 Regular Session of the 89th General Assembly of Arkansas, titled the Arkansas Human Heartbeat Protection Act; pltfs have up to and including 5/28/13 to respond to the motion to intervene submitted by Concepts of Truth Inc 20 21 22 . Signed by Judge Susan Webber Wright on 5/23/13. (vjt) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

Clearinghouse
37

ANSWER to 1 Complaint by Omar Atiq, Joseph M Beck, Harold B Betton, Steven L Cathey, Jim Citty, Bob Cogburn, William F Dudding, Roger Harmon, John E Hearnsberger, II, Verly D Hodges, Scott Pace, John H Scribner, Sylvia D Simon, John B Weiss.(Jorgensen, Colin) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
38

RESPONSE in Opposition re 20 MOTION to Intervene and Brief in Support filed by All Plaintiffs. (Toti, Stephanie) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
39

INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 8/1/2013; Rule 26(f) Report due by 8/15/2013; Bench Trial set for 3/17/2014 09:30 AM in Little Rock Courtroom #A530 before Judge Susan Webber Wright. Signed by C. Norwood at the direction of the Court on 5/29/2013. (mcn) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
40

MOTION for Partial Summary Judgment by All Defendants (Jorgensen, Colin) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
41

STATEMENT OF FACTS (Local Rule 56.1) re 40 Motion for Partial Summary Judgment filed by All Defendants. (Jorgensen, Colin) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
42

BRIEF IN SUPPORT re 40 Motion for Partial Summary Judgment filed by All Defendants. (Jorgensen, Colin) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
43

MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment by All Plaintiffs (Camp, Susan) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
44

REPLY to Response to Motion re 20 MOTION to Intervene filed by Concepts of Truth Inc. (Staver, Mathew) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
45

RESPONSE in Opposition re 43 MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment filed by All Defendants. (Jorgensen, Colin) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
46

ORDER denying 20 22 Motion to Intervene by Concepts of Truth; denying as moot 31 Motion to File an Amicus Brief in support of defts' opposition to a preliminary injunction, but Concepts is granted leave to file an amicus brief re pltfs' request for premanent injunctive relief; granting 26 27 Motions for Stephen M. Crampton and Allan E. Parker to Appear pro hac vice for the limited purpose of filing an amicus brief in this case on behalf of Concepts of Truth Inc. Signed by Judge Susan Webber Wright on 6/6/13. (vjt) (Entered: 06/06/2013)

June 6, 2013

June 6, 2013

PACER
47

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 40 MOTION for Partial Summary Judgment . Replies due by 7/19/2013. Signed by Judge Susan Webber Wright on 6/11/13. (kpr) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
48

Cross MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Document Statement of Undisputed Material Facts, # 2 Affidavit Declaration of Janet Cathey, M.D., # 3 Document Brief in Support)(Toti, Stephanie) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
49

RESPONSE in Opposition re 40 MOTION for Partial Summary Judgment filed by All Plaintiffs. (Toti, Stephanie) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
50

MOTION to Extend Time by All Plaintiffs (Brownstein, Bettina) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
51

REPLY to Response to Motion re 40 MOTION for Partial Summary Judgment filed by All Defendants. (Jorgensen, Colin) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
52

RESPONSE in Opposition re 48 Cross MOTION for Summary Judgment filed by All Defendants. (Jorgensen, Colin) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
53

BRIEF IN SUPPORT re 40 Motion for Partial Summary Judgment by Amicus Curiae filed by Concepts of Truth Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Staver, Mathew) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
54

ORDER granting 50 Joint Motion to Stay Deadlines set forth in the 39 Initial Scheduling Order. Signed by Judge Susan Webber Wright on 7/31/13. (vjt) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
55

REPLY to Response to Motion re 48 Cross MOTION for Summary Judgment filed by All Plaintiffs. (Toti, Stephanie) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
56

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER vacating the deadlines and trial date re 39 Initial Scheduling Order. Signed by Judge Susan Webber Wright on 2/19/2014. (mcn) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
57

MEMORANDUM OPINION AND ORDER granting Defendant's 40 motion for partial summary judgment; granting in part and denying in part Plaintiff's 48 cross-motion for summary judgment. Signed by Judge Susan Webber Wright on 3/14/2014. (mmd) (Docket text modified on 3/14/2014 to correct a typographical error). (jak) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

Clearinghouse
58

JUDGMENT pursuant to 57 Opinion and Order that was entered on this day, it is Considered, Ordered and Adjudged that this case is dismissed and the relief sought is granted in part and denied in part. Signed by Judge Susan Webber Wright on 3/14/2014. (mmd) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

RECAP
59

MOTION for Attorney Fees by All Plaintiffs (Attachments: # 1 Affidavit Declaration of Bettina Brownstein, # 2 Exhibit Statement of Fees of Brownstein, # 3 Affidavit Declaration of Susan Talcott Camp, # 4 Exhibit Statement of Fees and Costs of Camp, # 5 Affidavit Declaration of Stephanie Toti with Fess and Costs, # 6 Affidavit Declaration of Holly Dickson, # 7 Exhibit Statment of Fees of Dickson, # 8 Affidavit Declaration of John Burnett)(Brownstein, Bettina) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
60

BRIEF IN SUPPORT re 59 Motion for Attorney Fees, filed by All Plaintiffs. (Brownstein, Bettina) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
61

RESPONSE in Opposition re 59 MOTION for Attorney Fees filed by All Defendants. (Jorgensen, Colin) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
62

NOTICE OF APPEAL as to 36 Order on Motion for Preliminary Injunction, 58 Judgment, 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,, by Omar Atiq, Joseph M Beck, Harold B Betton, Steven L Cathey, Jim Citty, Bob Cogburn, William F Dudding, Roger Harmon, John E Hearnsberger, II, Verly D Hodges, Scott Pace, John H Scribner, Sylvia D Simon, John B Weiss. (Attachments: # 1 Document Appeal Form A)(Jorgensen, Colin) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
63

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 62 Notice of Appeal, 36 Order on Motion for Preliminary Injunction, 58 Judgment, 57 MEMORANDUM OPINION AND ORDER. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (fcd) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
64

USCA Appeal Fees received $ 505 receipt number LIT045415 re 62 Notice of Appeal, filed by Joseph M Beck, et al. (fcd) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
65

REPLY to Response to Motion re 59 MOTION for Attorney Fees filed by All Plaintiffs. (Brownstein, Bettina) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
66

USCA Docketing Letter and Briefing Schedule as to 62 Notice of Appeal, filed by Verly D Hodges, Jim Citty, Joseph M Beck, Sylvia D Simon, Harold B Betton, Scott Pace, Roger Harmon, Bob Cogburn, John E Hearnsberger, II, Steven L Cathey, Omar Atiq, John B Weiss, William F Dudding, and John H Scribner. USCA Case Number 14-1891. (mcz) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
67

Transcript of Hearing on Motion for Preliminary Injunction filed for the date of May 17, 2013, before Judge Susan Webber Wright, re 62 Notice of Appeal. Court Reporter Cheryl Nelson Kellar. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 5/12/2014. Redaction Request due 5/21/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/29/2014. (plm) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
68

ORDER granting in part and denying in part 59 Motion for Attorney Fees. Plaintiffs are awarded $65,580 in attorneys fees and $3,445.45 in costs. Signed by Judge Susan Webber Wright on 6/9/2014. (ks) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

RECAP
69

ORDER of USCA as to 62 Notice of Appeal, filed by Joseph M. Beck, et al: The motion of Liberty Counsel, Inc. and Concepts of Truth, Inc. to participate as amicus curiae in support of appellants is granted. (mcz) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
70

OPINION of USCA as to 62 Notice of Appeal, filed by Verly D Hodges, Jim Citty, Joseph M Beck, Sylvia D Simon, Harold B Betton, Scott Pace, Roger Harmon, Bob Cogburn, John E Hearnsberger, II, Steven L Cathey, Omar Atiq, John B Weiss, William F Dudding, and John H Scribner. (mcz) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

Clearinghouse
71

USCA JUDGMENT as to 62 Notice of Appeal, filed by Verly D Hodges, Jim Citty, Joseph M Beck, Sylvia D Simon, Harold B Betton, Scott Pace, Roger Harmon, Bob Cogburn, John E Hearnsberger, II, Steven L Cathey, Omar Atiq, John B Weiss, William F Dudding, and John H Scribner: The judgment of the district court is affirmed in accordance with the opinion of this Court. (mcz) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
72

ORDER of USCA as to 62 Notice of Appeal, filed by Joseph M Beck, et al: Mr. Neeley's motion to intervene seeking en banc consideration is denied. Mr. Neeley's 7/15/2014 motion to file amicus reply brief in support of the Eighth Circuit is denied as moot. (mcz) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

PACER
73

ORDER of USCA as to 62 Notice of Appeal, filed by Joseph M Beck, et al: Appellees are awarded bill of costs in the amount of $76.30, attorney's fees in the amount of $27,060.00, and expenses in the amount of $1,375.75. (mcz) (Entered: 07/08/2015)

July 7, 2015

July 7, 2015

PACER
74

ORDER of USCA as to 62 Notice of Appeal, filed by Joseph M Beck, et al: The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. The motion to file an amicus brief in support of en banc petition filed by Mr. Curtis James Neeley, Jr. is denied as moot. (mcz) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
75

MANDATE of USCA in accordance with the opinion and judgment of 05/27/2015, as to 62 Notice of Appeal, filed by Joseph M Beck, et al. (mcz) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
76

Letter from Clerk, USCA: The Petition for Writ of Certiorari has been filed in the Supreme Court in USCA Case Number 14-1891. (mcz) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
77

Letter from USCA Clerk: Petition for a writ of certiorari filed in the Supreme Court as No. 15-7059. (fcd) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
78

MOTION for Attorney Fees by All Plaintiffs (Attachments: # 1 Affidavit Susan Talcott Camp, # 2 Affidavit Julie Rikelman, # 3 Affidavit Julia Kaye, # 4 Affidavit Bettina Brownstein, # 5 Affidavit Holly Dickson)(Brownstein, Bettina) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
79

BRIEF filed by Louis Jerry Edwards (Brownstein, Bettina) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
80

Amended MOTION for Attorney Fees by All Plaintiffs (Attachments: # 1 Affidavit Brownstein, # 2 Affidavit Camp, # 3 Affidavit Rikelman, # 4 Affidavit Kaye, # 5 Affidavit Dickson, # 6 Affidavit Dickson Supplemental)(Dickson, Holly) (Additional attachment(s) added on 2/4/2016: # 7 Main Document - Correct, # 8 Affidavit Kaye - Correct) (thd). (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
81

BRIEF IN SUPPORT re 80 Motion for Attorney Fees, filed by All Plaintiffs. (Dickson, Holly) (Additional attachment(s) added on 2/4/2016: # 1 Main Document - Correct) (thd). (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
82

Deficiency Letter from Clerk of Court notifying party that 80 Motion for Attorney Fees and 81 Brief in Support lack a certificate showing service of the documents (F.R.Cv.P. 5(d)(1)). (jak) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
83

NOTICE OF DOCKET CORRECTION re: 80 Amended Motion for Attorney Fees and 81 Brief in Support. CORRECTION: The correct Affidavit of Julia Kaye was added as an exhibit to docket entry 80, based on the attached correspondence. The main documents with certificates of service were added as attachments to docket entries 80 and 81 . (thd) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
84

Letter from Clerk, USCA: The Petition for Writ of Certiorari has been denied by the United States Supreme Court in USCA Case Number 14-1891. (mcz) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
85

RESPONSE in Opposition re 80 Amended MOTION for Attorney Fees filed by All Defendants. (Jorgensen, Colin) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
86

Letter from Clerk, USCA: The Petition for Writ of Certiorari has been denied by the U. S Supreme Court in USCA Case Number 14-1891. (mcz) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
87

REPLY to Response to Motion re 80 Amended MOTION for Attorney Fees filed by All Plaintiffs. (Brownstein, Bettina) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
88

ORDER granting in part and denying in part Plaintiff's 80 amended motion for attorney's fees; and finding as moot Plaintiff's 78 original motion for attorney's fees and costs. Plaintiffs are awarded $24,780 in attorneys' fees and $748 in costs. Signed by Judge Susan Webber Wright on 3/11/2016. (ljb) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
89

NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
90

NOTICE by All Defendants Notice to Substitute Defendants (Jacobs, Dylan) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
91

MOTION for Relief re 88 Order on Motion for Attorney Fees,,, 68 Order on Motion for Attorney Fees, 58 Judgment, 57 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, Motion for Relief from Judgment or Order Under Rule 60(b)(5) by All Defendants (Jacobs, Dylan) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

Clearinghouse
92

BRIEF IN SUPPORT re 91 Motion for Relief, Brief in Support of Motion for Relief from Judgment or Order Under Rule 60(b)(5) filed by All Defendants. (Jacobs, Dylan) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
93

NOTICE of Appearance by Michael Cantrell on behalf of All Defendants (Cantrell, Michael) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
94

MOTION to Substitute Attorney by All Defendants (Jacobs, Dylan) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
95

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 94 motion to substitute attorney filed by Verly D Hodges, Jim Citty, Joseph M Beck, Sylvia D Simon, Harold B Betton, Scott Pace, Roger Harmon, Bob Cogburn, John E Hearnsberger, II, Steven L Cathey, Omar Atiq, John B Weiss, William F Dudding, and John H Scribner. Attorney Colin R. Jorgensen terminated. Signed by Judge Susan Webber Wright on 7/5/2022. (ljb) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
96

NOTICE of Appearance by Gary L. Sullivan on behalf of All Plaintiffs (Sullivan, Gary) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
97

MOTION to Withdraw as Attorney by All Plaintiffs (Sullivan, Gary) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
98

MOTION to Withdraw as Attorney by All Plaintiffs (Sullivan, Gary) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
99

RESPONSE in Opposition re 91 MOTION for Relief re 88 Order on Motion for Attorney Fees,,, 68 Order on Motion for Attorney Fees, 58 Judgment, 57 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, Motion for Relief from Judgment filed by All Plaintiffs. (Sullivan, Gary) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
100

MOTION for Leave to Appear pro hac vice by Autumn Katz filed by All Plaintiffs. Fee $100 received. Receipt # LIT087534. (fjg) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: April 16, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Arkansas physicians.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President, State

Members, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 25,528

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Time-based abortion prohibition

Patient disclosure requirement

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

General:

Abortion