Case: Planned Parenthood Arizona Incorporated v. Betlach

2:12-cv-01533 | U.S. District Court for the District of Arizona

Filed Date: July 16, 2012

Closed Date: Aug. 22, 2013

Clearinghouse coding complete

Case Summary

This is a case challenging a 2012 Arizona abortion law. In 1980, Congress barred the use of Medicaid funds for elective abortions, but medical providers who offered elective abortions were still eligible to receive Medicaid reimbursement for other healthcare services. However, on May 4, 2012, the Arizona governor signed Arizona Assembly HB 2800 into law, making providers that conducted elective abortion procedures ineligible to receive Medicaid reimbursements for any healthcare services. Arizon…

This is a case challenging a 2012 Arizona abortion law. In 1980, Congress barred the use of Medicaid funds for elective abortions, but medical providers who offered elective abortions were still eligible to receive Medicaid reimbursement for other healthcare services. However, on May 4, 2012, the Arizona governor signed Arizona Assembly HB 2800 into law, making providers that conducted elective abortion procedures ineligible to receive Medicaid reimbursements for any healthcare services. Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System, issued implementing instructions on June 25, 2012, requiring all medical providers participating in Medicaid to attest that they would not provide abortions except in cases of rape, incest, or to save the life of the mother. The law was scheduled to take effect on August 2, 2012. 

On July 16, 2012, Planned Parenthood Arizona (PPAZ), as well as three Jane Doe PPAZ patients who were enrolled in Medicaid, filed a complaint and moved for a preliminary injunction in the U.S. District Court for the District of Arizona. The plaintiffs sued the director of the Arizona Health Care Cost Containment System and the attorney general of Arizona in their official capacities under 42 U.S.C. § 1983. Represented by the ACLU of Arizona, ACLU National, and the Planned Parenthood Federation of America, the plaintiffs sought injunctive and declaratory relief, as well as costs and attorneys’ fees. They claimed that the law violated (1) the Medicaid freedom-of-choice provision (42 U.S.C. § 1396(a)(23)) by preventing patients from receiving services from the qualified, willing provider of their choice, (2) the Supremacy Clause of the U.S. Constitution by imposing restrictions on eligibility for Medicaid funds that were inconsistent with the requirements of the federal government, (3) the Due Process Clause of the Fourteenth Amendment by disqualifying PPAZ from participation based on its provision of abortion services outside the program, (4) the Fourteenth Amendment equal protection clause because the law distinguished between providers who offered abortion services outside the Medicaid program and those that did not, and (5) the contracts clause of the U.S. Constitution by impairing PPAZ’s contractual relationships with the state’s managed care contractors. The case was assigned to Judge Neil V. Wake. 

On August 31, 2012, the defendants moved to dismiss Count I (alleging a violation of Medicaid’s freedom-of-choice provision) and Count II (alleging a violation of the supremacy clause). The following month, the United States filed a statement of interest in favor of the plaintiffs. The plaintiffs then filed an amended complaint on September 20, 2012, adding to the plaintiffs a physician who provided abortion services and treated Medicaid patients. 

Judge Wake issued an opinion granting the preliminary injunction and denying the motion to dismiss on October 19, 2012. 899 F.Supp.2d 868. He held that the Medicaid freedom-of-choice law provided a federal right that was enforceable under 42 U.S.C. § 1983 and that a state’s determination of whether a provider was “qualified” under the provision must relate to the provider’s ability to deliver services. He also held that the plaintiffs alleged sufficient facts to state a claim. The defendants appealed the preliminary injunction in the U.S. Court of Appeals for the Ninth Circuit (12-17558).

The next month, on November 15, 2012, the plaintiffs moved for summary judgment. On February 8, 2013, while the appeal was still pending, the district court granted the plaintiffs’ motion for summary judgment, holding that the law violated Medicaid’s freedom-of-choice provision. 922 F.Supp.2d 858. After the court issued a permanent injunction, on March 8, 2013, the parties filed a joint motion for attorneys’ fees and requested the plaintiffs be awarded $215,000 with a post-judgment interest rate of .11% per year. Judge Wake granted the motion on May 13, 2013. 

Meanwhile, on March 20, 2013, the defendants also appealed the grant of summary judgment in the Ninth Circuit (13-15506). The Ninth Circuit consolidated the appeal of the summary judgment and preliminary injunction, and Judge Marsha S. Berzon, Judge Jay S. Bybee, and Judge Consuelo B. Marshall heard oral arguments on June 12, 2013. On August 22, 2013, the Ninth Circuit affirmed the decisions of the district court, holding that the appeal of the preliminary injunction was mooted when the district court issued the permanent injunction and that it was unconstitutional for Arizona to exclude qualified medical providers from eligibility for public funds because they performed elective abortions. 727 F.3d 960. On October 8, 2013, the plaintiffs moved for $62,500 in attorneys’ fees to cover the costs of the appeal, and the Ninth Circuit granted the motion. 

The defendants then filed a petition of certiorari to the U.S. Supreme Court (13-621). That petition was denied on February 26, 2014. The parties then filed a joint motion for attorneys’ fees back in the district court, asking for an award of $18,000 to cover the resources the plaintiffs’ expended as a consequence of the defendants’ petition for a writ of certiorari. The court granted the motion on April 11, 2014. 

The case is now closed. 

Summary Authors

Laura Irei (5/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5200392/parties/planned-parenthood-arizona-incorporated-v-betlach/

Documents in the Clearinghouse

Document
1

2:12-cv-01533

Complaint for Injunctive and Declaratory Relief

Planned Parenthood Arizona, Inc. v. Betlach

July 16, 2012

July 16, 2012

Complaint
59

2:12-cv-01533

First Amended Complaint for Injunctive and Declaratory Relief

Planned Parenthood Arizona, Inc. v. Betlach

Sept. 20, 2012

Sept. 20, 2012

Complaint
78

2:12-cv-01533

Order and Findings of Fact and Conclusions of Law

Planned Parenthood Arizona, Inc. v. Betlach

899 F.Supp.2d 868

Oct. 19, 2012

Oct. 19, 2012

Order/Opinion
103

2:12-cv-01533

Order

Planned Parenthood Arizona, Inc. v. Betlach

922 F.Supp.2d 858

Feb. 8, 2013

Feb. 8, 2013

Order/Opinion
97

12-17558

Opinion

Planned Parenthood Arizona Inc. v. Betlach

U. S. Court of Appeals for the Ninth Circuit

727 F.3d 960

Aug. 22, 2013

Aug. 22, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5200392/planned-parenthood-arizona-incorporated-v-betlach/

Last updated June 4, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number PHX 0970-7006422, filed by Planned Parenthood Arizona Incorporated and Unknown Parties (submitted by Lawrence Rosenfeld). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(MHU) (Entered: 07/16/2012)

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

July 16, 2012

July 16, 2012

Clearinghouse
2

SUMMONS Submitted by Planned Parenthood Arizona Incorporated and Unknown Parties (submitted by Lawrence Rosenfeld). (Attachments: # 1 Summons)(MHU) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
3

Corporate Disclosure Statement by Planned Parenthood Arizona Incorporated (submitted by Lawrence Rosenfeld). (MHU) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
4

Filing fee paid, receipt number PHX 0970-7006422. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV 12-01533-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MHU) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
5

Summons Issued as to Tom Betlach and Thomas C Horne. (Attachments: # 1 Summons)(MHU). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
6

*MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, MOTION for Temporary Restraining Order by Planned Parenthood Arizona Incorporated, Unknown Parties. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, Lawrence). *Modified to Add MOTION for Temporary Restraining Order on 7/17/2012 (KMG). (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
7

MEMORANDUM in Support of 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order by Plaintiffs Planned Parenthood Arizona Incorporated, Unknown Parties. (Attachments: # 1 Exhibit)(Rosenfeld, Lawrence) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
8

MOTION Exceed Page Limitation by Planned Parenthood Arizona Incorporated, Unknown Parties. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, Lawrence) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
9

MOTION for Leave to File Documents Under Seal by Planned Parenthood Arizona Incorporated. (Attachments: # 1 Text of Proposed Order)(MAP) (Entered: 07/17/2012)

July 16, 2012

July 16, 2012

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Susan Talcott Camp on behalf of plaintiffs Planned Parenthood Arizona Incorporated, and Unknown Parties. (BAS) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX124111 as to Susan Talcott Camp, Roger K Evans. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 17, 2012

July 17, 2012

PACER
11

MOTION for Admission Pro Hac Vice as to attorney Andrew D Beck on behalf of plaintiffs Planned Parenthood Arizona Incorporated, and Unknown Parties. (BAS) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX124112 as to Andrew Beck. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 17, 2012

July 17, 2012

PACER
12

ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice; granting 11 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. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER

NOTICE of request for e-notices by Amy J. Gittler. (Gittler, Amy)

July 17, 2012

July 17, 2012

PACER
13

ORDER setting a scheduling hearing concerning the 6 Motion for Preliminary Injunction or Temporary Restraining Order on 07/19/12, at 3:00 PM. Counsel for Plaintiffs shall inform counsel for the Defendants this day of this order. FURTHER ORDERED that the 9 Doe Plaintiffs' Motion for Leave to File Documents Under Seal is granted. FURTHER ORDERED that 8 Plaintiffs' Motion to Exceed Page Limitation is granted. Counsel are advised that both the 6 Motion and the 7 Memorandum count toward the page limit of LRCiv 7.2(e)(1). Signed by Judge Neil V Wake on 7/17/12. (NKS) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
14

NOTICE of Appearance by Logan T Johnston on behalf of Tom Betlach. (Johnston, Logan) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
15

NOTICE of Appearance by Kelly Joyce Flood on behalf of Planned Parenthood Arizona Incorporated, Unknown Parties. (Flood, Kelly) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
16

*WAIVER OF SERVICE Returned Executed by Planned Parenthood Arizona Incorporated, Unknown Parties. Tom Betlach waiver sent on 7/17/2012. (Rosenfeld, Lawrence) *Modified to correct event on 7/19/2012 (KMG). (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
17

TEXT ONLY Minute Entry for proceedings held before Judge Neil V Wake: Scheduling Conference held on 7/19/2012. Appearances: Daniel Pasternak, Kelly Flood and Roger Evans (telephonically) for Plaintiffs; Logan Johnston and David Cole for Defendants. The parties state their agreement on the record. The Court directs counsel to submit their agreement in writing. The Court sets 08/31/12 as the deadline for the Defendants to file a responsive pleading to Plaintiffs' Complaint. The Court also sets 08/31/12 as the deadline for Defendants to file a response to 6 Plaintiffs' Motion for Preliminary Injunction, and 09/21/12 as the deadline for Plaintiffs to file a reply in support of their motion. The Court sets oral argument on 10/05/12 at 1:30 PM in Courtroom 504 to address the pending 6 Motion. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
19

MOTION for Admission Pro Hac Vice as to attorney Roger K Evans on behalf of Planned Parenthood Arizona Incorporated, and Unknown Parties. (BAS) (Entered: 07/23/2012)

July 19, 2012

July 19, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX124221 as to Roger K Evans. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 19, 2012

July 19, 2012

PACER
18

TRANSCRIPT REQUEST by Planned Parenthood Arizona Incorporated, Unknown Parties for proceedings held on 7/19/2012 before Judge Neil V. Wake.. (Pasternak, Daniel) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
20

ORDER pursuant to General Order 09-08 granting 19 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. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
21

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 7/19/2012, before Judge Neil V. Wake. Court Reporter Laurie A. Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/14/2012. Redacted Transcript Deadline set for 8/24/2012. Release of Transcript Restriction set for 10/22/2012. (VAR) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
22

MOTION for Admission Pro Hac Vice as to attorney Alice J Clapman on behalf of plaintiffs Planned Parenthood Arizona Incorporated, and Unknown Parties. (BAS) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX124442 as to Alice Clapman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 25, 2012

July 25, 2012

PACER
23

ORDER pursuant to General Order 09-08 granting 22 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. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER

AMENDED RECEIPT NUMBER FOR PRO HAC VICE FEE PAID. $ 50, receipt number PHX124449 as to Alice Clapman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 26, 2012

July 26, 2012

PACER
24

STIPULATION for Entry of Order (Temporary Restraining) by Tom Betlach, Thomas C Horne, Planned Parenthood Arizona Incorporated, Unknown Parties. (Attachments: # 1 Text of Proposed Order)(Pasternak, Daniel) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
25

*AFFIDAVIT of Service for Summons, Complaint, Corporate Disclosure Statement, Notice, Motions served on Tom Horne on 7/17/2012, filed by Planned Parenthood Arizona Incorporated, Unknown Parties. (Pasternak, Daniel) *Modified to correct event on 7/27/2012 (KMG). (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
26

ORDER granting the parties' 24 Stipulation for Entry of Order. See order for complete details. Signed by Judge Neil V. Wake on 7/27/12. (NKS) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
27

NOTICE of Appearance by Steven Henry Aden on behalf of Thomas C Horne. (Aden, Steven) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
28

TRANSCRIPT REQUEST by Thomas C Horne for proceedings held on 07/19/2012 before Judge Neil V. Wake.. (Aden, Steven) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
29

*Document was filed in the wrong case. All information associated with this entry has been removed. NEF regenerated on 8/10/2012. (JMO) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
30

MOTION for Admission Pro Hac Vice as to attorney Steven H. Aden by Thomas C Horne. (Aden, Steven) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX125076 as to Steven Henry Aden. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 14, 2012

Aug. 14, 2012

PACER
31

ORDER pursuant to General Order 09-08 granting 30 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. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
32

*SEALED Motion for Leave to Proceed Pseudonymously (FILED UNDER SEAL) by Planned Parenthood Arizona Incorporated, Unknown Parties. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Pasternak, Daniel) *Modified on 8/16/2012 to change from lodged proposed to filed pursuant to Order 13 (MAP)*. (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
33

SEALED ORDER granting 32 Motion. Signed by Judge Neil V Wake on 8/20/12. (cc: All Cnsl) (MAP) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
34

NOTICE of Appearance by David Robert Cole on behalf of Thomas C Horne. (Cole, David) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER
35

First MOTION for Leave to File Excess Pages for Defendant's Consent Motion to Exceed Page Limitation by Thomas C Horne. (Attachments: # 1 Text of Proposed Order)(Aden, Steven) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
36

ORDER: Defendant's Consent Motion to Exceed Page Limitation (Doc. 35 ) is denied without prejudice. Signed by Judge Neil V. Wake on 8/30/12. (NKS) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
37

MOTION to Dismiss Counts/Claims : I and II by Thomas C Horne. (Aden, Steven) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
38

Defendant Betlach's ANSWER to 1 Complaint by Tom Betlach.(Johnston, Logan) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
39

RESPONSE to Motion re 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order MOTION for Temporary Restraining Order filed by Tom Betlach. (Johnston, Logan) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
40

*Joinder in Defendant Attorney General's Motion 37 to Dismiss Claims I and II by Defendant Tom Betlach. (Johnston, Logan) *Modified to include document relationship on 9/4/2012 (KMG). (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
41

ANSWER to 1 Complaint by Thomas C Horne.(Collins, Thomas) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
42

MOTION for Leave to File Excess Pages by Thomas C Horne. (Attachments: # 1 Text of Proposed Order)(Aden, Steven) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
43

LODGED Proposed Defendant Tom Hornes Memorandum In Opposition To Plaintiffs Motion For Preliminary Injunction re: 42 MOTION for Leave to File Excess Pages . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Thomas C Horne. (Aden, Steven) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
44

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order MOTION for Temporary Restraining Order filed by Thomas C Horne. (Attachments: # 1 Declaration of Steven H. Aden, # 2 Exhibit A to Aden Declaration, # 3 Declaration of Joe Epps, # 4 Declaration of Dr. Kim Elliott, # 5 Exhibit A to Elliott Declaration, # 6 Exhibit B to Elliott Declaration, # 7 Exhibit C to Elliott Declaration, # 8 Exhibit D to Elliott Declaration, # 9 Exhibit E to Elliott Declaration)(Aden, Steven) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
45

ORDER granting Defendant Horne's Consent Motion to Exceed Page Limitation (Doc. 42 ). Signed by Judge Neil V Wake on 9/4/2012.(KMG) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
46

Additional Attachments to Main Document re 44 Response in Opposition to Motion,, CORRECTED SIGNED DECLARATION by Defendant Thomas C Horne. (Attachments: # 1 Errata)(Aden, Steven) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
47

Joint MOTION to Amend/Correct Scheduling Order of July 19, 2012 by Thomas C Horne. (Aden, Steven) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
48

TEXT ONLY ORDER: The Court having reviewed 47 Defendant Horne's Joint Motion to Amend Scheduling Order of July 19, 2012, ORDERED granting the aforementioned motion. FURTHER ORDERED that Plaintiffs shall have up to and including 09/21/12 to file a response to 37 Defendant Horne's Motion to Dismiss Claims I and II of Plaintiffs' Complaint. Defendants shall have up to and including 09/28/12 to file their reply in support of the motion to dismiss. Argument on the 37 Motion to Dismiss will be held on 10/05/12 at 1:30 PM in Courtroom 504 before Judge Neil V. Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
49

NOTICE of Appearance by Tamra Tyree Moore on behalf of United States of America. (Moore, Tamra) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
50

NOTICE of Appearance by Joseph Mead on behalf of United States of America. (Mead, Joseph) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
51

STATEMENT of Interest of the United States by Interested Party United States of America. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - State Medicaid Manual, # 3 Exhibit B - Initial Disapproval of Indiana State Plan Amendment, # 4 Exhibit C - CMS Informational Bulletin, # 5 Exhibit D - Final Decision Disapproving Maryland State Plan Amendment, # 6 Exhibit E - Statement of Interest Filed in Planned Parenthood of Indiana (S.D. Ind.), # 7 Exhibit Amicus Brief Filed in Planned Parenthood of Indiana (7th Cir))(Mead, Joseph) (Entered: 09/11/2012)

1 Exhibit Index

View on PACER

2 Exhibit A - State Medicaid Manual

View on PACER

3 Exhibit B - Initial Disapproval of Indiana State Plan Amendment

View on PACER

4 Exhibit C - CMS Informational Bulletin

View on PACER

5 Exhibit D - Final Decision Disapproving Maryland State Plan Amendment

View on PACER

6 Exhibit E - Statement of Interest Filed in Planned Parenthood of Indiana (S.D. I

View on PACER

7 Exhibit Amicus Brief Filed in Planned Parenthood of Indiana (7th Cir)

View on PACER

Sept. 11, 2012

Sept. 11, 2012

RECAP
52

MOTION for Admission Pro Hac Vice as to attorney Catherine Foster by Thomas C Horne. (Aden, Steven) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
53

NOTICE TO FILER OF DEFICIENCY re 52 MOTION for Admission Pro Hac Vice as to attorney Catherine Foster filed by Thomas C Horne. Description of deficiency: State Certificate of Good Standing attached. Please see attached PDF for further information and instructions. (BAS) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
54

MOTION for Admission Pro Hac Vice as to attorney Catherine G. Foster by Thomas C Horne. (Aden, Steven) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
55

*Second MOTION to Amend/Correct Scheduling Order of July 19, 2012 by Thomas C Horne. (Attachments: # 1 Text of Proposed Order)(Aden, Steven) *Document is not in compliance with LRCiv 7.1(c) - text searchability; Attorney notified on 9/19/2012 (KMG). (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
57

MOTION for Admission Pro Hac Vice as to attorney Catherine G Foster on behalf of Thomas C Horne. (BAS) (Entered: 09/19/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
56

ORDER the parties' 55 Joint Motion for Second Amendment to Scheduling Order of July 19, 2012. FURTHER ORDERED revising the deadlines contained in the Court's July 19, 2012, Minute Entry (Doc. 17 ). See order for details. Signed by Judge Neil V. Wake on 9/19/12. (NKS) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX126248 as to Catherine Glenn Foster. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 19, 2012

Sept. 19, 2012

PACER
58

ORDER pursuant to General Order 09-08 terminating 52 Motion for Admission Pro Hac Vice; terminating 54 Motion for Admission Pro Hac Vice; granting 57 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. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
59

AMENDED COMPLAINT (First) for Injunctive and Declaratory Relief against Tom Betlach, Thomas C Horne, filed by Planned Parenthood Arizona Incorporated, Unknown Parties, Eric Reuss.(Rosenfeld, Lawrence) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

Clearinghouse
60

NOTICE of Change of Address by Lawrence Jay Rosenfeld. (Rosenfeld, Lawrence) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
61

RESPONSE in Opposition re 37 MOTION to Dismiss Counts/Claims : I and II Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss Claims I and II of Plaintiffs' Complaint filed by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Rosenfeld, Lawrence) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
62

RESPONSE re 51 Statement,, of Interest of the United States by Defendants Tom Betlach, Thomas C Horne. (Cole, David) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
63

REPLY in support of Statement of Interest by Interested Party United States of America. (Mead, Joseph) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
64

REPLY to Response to Motion re 37 MOTION to Dismiss Counts/Claims : I and II of Plaintiffs' Complaint filed by Thomas C Horne. (Collins, Thomas) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
65

MOTION for Leave to File Plaintiffs' Motion to File Consolidated Reply Memorandum by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Rosenfeld, Lawrence) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
66

*LODGED Proposed Reply to Response to Motion re 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order MOTION for Temporary Restraining Order Consolidated Reply in Support of Plaintiffs' Motion for Preliminary Injunction and in Reply to Defendants' Response to the United States' Statement of Interest re 65 MOTION for Leave to File Plaintiffs' Motion to File Consolidated Reply Memorandum filed by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Attachments: # 1 Exhibit Exhibits 1-4)(Rosenfeld, Lawrence) *Modified to correct event on 10/1/2012 (KMG). (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
67

ORDER granting the Plaintiffs' Motion to File Consolidated Reply Memorandum (Doc. 65 ). IT IS FURTHER ORDERED directing the Clerk's Office to file the Consolidated Reply in Support of Plaintiffs' Motion for Preliminary Injunction and in Reply to Defendants' Response to the United States' Statement of Interest (with attached exhibits). Signed by Judge Neil V Wake on 10/1/2012.(KMG) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
68

REPLY (Consolidated) to Response to Motion re 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order MOTION for Temporary Restraining Order and in REPLY to Defendants' Response to the United States' Statement 62 of Interest filed by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Attachments: # 1 Exhibits)(KMG) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
69

*NOTICE of Errata re 68 REPLY (Consolidated) to Response to Motion re 6 MOTION for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order MOTION for Temporary Restraining Order and in REPLY to Defendants' Response to the United States' Statement 62 of Interest by Plaintiffs Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Attachments: # 1 Exhibit Exhibit 1)(Rosenfeld, Lawrence) *Modified to include document relationship on 10/2/2012 (KMG). (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
70

NOTICE of Appearance by Catherine Glenn Foster on behalf of Thomas C Horne. (Foster, Catherine) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
71

*MOTION for Leave to File Document to File Surreply in Opposition to Defendants Motion to Dismiss Claims I And II of Plaintiffs Complaint by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Pasternak, Daniel) *Modified to correct event on 10/4/2012 (KMG). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
72

*LODGED Proposed Reply Memorandum re: 71 MOTION for Leave to File. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Pasternak, Daniel) *Modified to correct event on 10/4/2012 (KMG). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
73

NOTICE of Errata re 66 Reply to Response to Motion,, by Plaintiffs Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Attachments: # 1 Errata Attachment A-1, # 2 Errata Attachment A-2)(Rosenfeld, Lawrence) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
74

ORDER granting the Plaintiffs' Motion to File Sur-Reply in Opposition to Defendants' Motion to Dismiss (Doc. 71 ). FURTHER ORDERED directing the Clerk's Office to file the Plaintiffs' Sur-Reply Memorandum in Opposition to Defendants' Motion to Dismiss Claims I and II of Plaintiffs' Complaint. Signed by Judge Neil V Wake on 10/4/2012.(KMG) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
75

SURREPLY Memorandum in Opposition to Defendants' re 37 MOTION to Dismiss Counts/Claims : I and II by Plaintiffs Planned Parenthood Arizona Incorporated, Eric Reuss. (KMG) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
76

Minute Entry. Proceedings held before Judge Neil V Wake: Oral Argument held on 10/5/2012. Argument held. Taking under advisement 37 Motion to Dismiss Counts/Claims; taking under advisement 6 Motion for Preliminary Injunction; taking under advisement 6 Motion for TRO. APPEARANCES: Alice Clapman, Roger Evans, Daniel Pasternak, Daniel Pochoda for Plaintiffs. Logan Johnston, Steven Aden, David Cole, Thomas Collins, Catherine Foster for Defendants. Joseph Mead and Tamra Moore for the U.S. Department of Justice. (Court Reporter Merilyn Sanchez.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (VPB) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
77

TRANSCRIPT REQUEST by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties for proceedings held on October 5, 2012 before Judge Neil V. Wake.. (Pasternak, Daniel) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
78

ORDER that Plaintiffs' Motion for Preliminary Injunction (Doc. 6 ) is GRANTED, conditioned upon Plaintiffs posting a bond in the amount of $100 pursuant to Fed. R. Civ. P. 65(c). FURTHER ORDERED that Defendants' Motion to Dismiss Counts I and II (Doc. 37 ) is DENIED. See order for complete details. Signed by Judge Neil V. Wake on 10/19/12. (NKS) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

Clearinghouse
79

PRELIMINARY INJUNCTION ORDERING that Tom Betlach, Director, Arizona Health Care Cost Containment System, and Tom Horne, Attorney General, their officers, agents, servants, employees, successors, attorneys, and other persons who are in active concert or participation with any of them, are enjoined from enforcing, threatening to enforce, or otherwise applying the provisions of A.R.S. § 35-196.05(B) against Plaintiff Planned Parenthood of Arizona, Inc., and Plaintiff Eric Reuss, M.D. FURTHER ORDERED that Defendants are enjoined from refusing to honor existing contracts with, refusing to enter into new contracts with, or refusing to make grants to, Plaintiffs based on Plaintiffs provision of legal abortion services. FURTHER ORDERED that this order is conditional upon Plaintiffs posting security in the amount of $100 pursuant to Fed. R. Civ. P. 65(c). FURTHER ORDERED that this order shall continue in effect until the conclusion of this action or until further order of this Court. Signed by Judge Neil V. Wake on 10/19/12. (NKS) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
80

NOTICE re Notice of Posting Security by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties re 79 Preliminary Injunction, 78 Order. (Rosenfeld, Lawrence) Modified on 10/23/2012 (KMG). (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
81

ORDER ISSUED: Scheduling Conference set for 12/06/12 at 2:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V. Wake. The parties are ordered to provide initial disclosures at least 21 calendar days before the Scheduling Conference in the form required by Federal Rule of Civil Procedure 26(a)(1). See order for details. Signed by Judge Neil V. Wake on 10/19/12. (NKS) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings held on 10/5/2012, before Judge Neil V. Wake. Court Reporter Merilyn A. Sanchez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/30/2012. Redacted Transcript Deadline set for 12/10/2012. Release of Transcript Restriction set for 2/7/2013. (VAR) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
83

ANSWER to 59 Amended Complaint by Tom Betlach.(Johnston, Logan) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
84

*Answer to First Amended Complaint re 59 AMENDED COMPLAINT (First) for Injunctive and Declaratory Relief by Thomas C Horne.(Foster, Catherine) *Modified as to text and document relationship on 11/15/2012 (KMG). (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
85

MOTION for Summary Judgment by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Rosenfeld, Lawrence) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
86

STATEMENT of Plaintiffs Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment Pursuant to LRCIV 56.1(A) re 85 MOTION for Summary Judgment by Plaintiffs Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Rosenfeld, Lawrence) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
87

NOTICE re Notice of Service of Initial Disclosure Statement by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties . (Rosenfeld, Lawrence) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
88

STIPULATION Stipulation for Entry of Order (No. 2) by Planned Parenthood Arizona Incorporated, Eric Reuss, Unknown Parties. (Attachments: # 1 Text of Proposed Order Order)(Rosenfeld, Lawrence) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
89

NOTICE re of Service of Initial Disclosure Statement by Tom Betlach . (Johnston, Logan) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
90

ORDER granting the parties' Stipulation for Entry of Order (No. 2) (Doc. 88 ). See order for complete details. Signed by Judge Neil V. Wake on 11/15/12. (NKS) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
91

NOTICE re Notice of Service of Initial Disclosure Statement By Defendant Tom Horne by Thomas C Horne . (Aden, Steven) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
92

*NOTICE OF APPEAL (Interlocutory) to 9th Circuit, as to 78 Order on Motion for Preliminary Injunction, by Tom Betlach, Thomas C Horne. Filing fee received: $ 455.00, receipt number 0970-7466359. (Aden, Steven) *Modified to include "Interlocutory" on 11/19/2012 (KMG). (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: July 16, 2012

Closing Date: Aug. 22, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Arizona (PPAZ), three Jane Doe PPAZ patients enrolled in Medicaid, and a physician who conducted abortion procedures and treated patients enrolled in Medicaid

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Arizona Health Care Cost Containment System (Maricopa), State

Attorney General of Arizona (Maricopa), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $295,500.00

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Benefit Source:

Medicaid