Case: Planned Parenthood Arizona Incorporated v. Betlach

Planned Parenthood Arizona, Inc. v. Betlach

Planned Parenthood Arizona, Inc. v. Betlach

Planned Parenthood Arizona, Inc. v. Betlach

Planned Parenthood Arizona, Inc. v. Betlach

Planned Parenthood Arizona Inc. v. Betlach

U.S. Court of Appeals for the Ninth Circuit

ACLU

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

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2 Civil Cover Sheet

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

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

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)

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)

*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)

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)

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

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

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)

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)

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)

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)

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)

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

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)

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

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

*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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

*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)

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)

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

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

*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)

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

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)

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)

*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)

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

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

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)

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)

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

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

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)

*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)

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

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

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)

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)

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)

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)

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

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)

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

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

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

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2 Exhibit A - State Medicaid Manual

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3 Exhibit B - Initial Disapproval of Indiana State Plan Amendment

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4 Exhibit C - CMS Informational Bulletin

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5 Exhibit D - Final Decision Disapproving Maryland State Plan Amendment

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

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

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

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)

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

*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)

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

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)

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)

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)

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)

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

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)

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

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

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)

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)

*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)

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)

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)

*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)

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

*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)

*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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

*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)

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

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)

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

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)

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

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)

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

*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)