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Case: Planned Parenthood Minnesota, North Dakota, South Dakota v. Daugaard

4:11-cv-04071 | U.S. District Court for the District of South Dakota

Filed Date: May 27, 2011

Closed Date: Oct. 21, 2022

Clearinghouse coding complete

Case Summary

This is a case challenging an abortion restriction in the state of South Dakota. According to the plaintiffs, South Dakota H.B. 1217 sought to restrict women's access to abortion services in South Dakota by (1) imposing what was at the time the longest mandatory delay in the country; (2) forcing every woman who sought an abortion to disclose and discuss private personal and medical information with an unlicensed, non-medical organization opposed to her decision; (3) requiring physicians to enga…

This is a case challenging an abortion restriction in the state of South Dakota. According to the plaintiffs, South Dakota H.B. 1217 sought to restrict women's access to abortion services in South Dakota by (1) imposing what was at the time the longest mandatory delay in the country; (2) forcing every woman who sought an abortion to disclose and discuss private personal and medical information with an unlicensed, non-medical organization opposed to her decision; (3) requiring physicians to engage in a "risk factors" assessment that plaintiffs alleged was a drastic departure from accepted medical practice and impossible for any physician to satisfy; and (4) defining "coercion" in such broad terms that it obstructed access to abortion in situations where the woman's decision was voluntary and not coerced.

On May 27, 2011, Planned Parenthood Minnesota, North Dakota, South Dakota and a Board Certified obstetrician and gynecologist who provided abortion services in South Dakota filed this lawsuit in the U.S. District Court for the District of South Dakota. The plaintiffs sued the Governor, Attorney General, Secretary of Health, and the Executive Director of the Board of Medical and Osteopathic Examiners, in their official capacities. Plaintiffs brought suit under 42 U.S.C. § 1983, alleging that the Act violated the First and Fourteenth Amendments, including due process, equal protection, freedom from compelled speech and religion, and women's right to liberty and privacy. Represented by Planned Parenthood, the ACLU, and a private law firm, plaintiffs sought declaratory judgment, injunctive relief, and attorneys' fees.

On June 30, 2011, Judge Karen E. Schreier held that plaintiffs sufficiently demonstrated the need for a preliminary injunction, and granted one as to a majority of the Act. The only provisions that were not enjoined were (1) the requirement that the Department of Health maintain a registry of pregnancy help centers located in the state of South Dakota, (2) the definition of "pregnancy help center,"  and (3) no patient or other person responsible for making decisions relative to the patient's care may waive the requirements of this chapter. Planned Parenthood Minnesota, N. Dakota, S. Dakota v. Daugaard, 799 F. Supp. 2d 1048 (D.S.D. 2011)

On December 27, 2011, Judge Schreier granted a motion to intervene by two pregnancy help centers who claimed that striking down the Act would impair their missions. One identified its mission as helping pregnant women keep and raise their children. The other claimed its mission was to properly inform a pregnant mother about facts that are essential to making an informed and voluntary decision about whether to exercise her right to keep her relationship with her child. Planned Parenthood Minnesota, N. Dakota, S. Dakota v. Daugaard, 836 F. Supp. 2d 933 (D.S.D. 2011). The intervenors became active participants in the litigation.

On March 2, 2012, the Governor of South Dakota signed into law H.B. 1254, which amended the original Act by removing two of the challenged provisions of the original act. In response, on June 7, 2012, Judge Schreier dissolved as moot the portions of the preliminary injunction that enjoined the challenged provisions removed in the amended act. Judge Schreier continued the preliminary injunction with respect to the challenged provisions of the original act that remained in the amended act.

On August 23, 2012, plaintiffs moved for an award of attorneys’ fees claiming that they had “prevailing party” status following success on a motion for a preliminary injunction and subsequent conduct by the South Dakota Legislature in the form of amending the act to remove challenged provisions. On February 28, 2013, Judge Schreier granted plaintiffs’ motion for attorneys’ fees. Planned Parenthood Minnesota, N.D. v. Daugaard, 946 F. Supp. 2d 913 (D.S.D. 2013).

On December 21, 2012, the Plaintiffs, by and through their counsel, filed a Motion to Dismiss Counts Eight and Nine of the Third Amended Complaint. These counts alleged that the mandatory 72-hour waiting period violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. In the Fourth Amended Complaint, the plaintiffs did indeed eliminate those counts. Thus, on June 11, 2013, Judge Schreier dissolved the portion of the preliminary injunction relating to the 72-hour wait period.

The parties conducted discovery over the next several years. On August 20, 2021, Judge Schreier ordered that the defendants' motion to dissolve what remained of the preliminary injunction be denied. The Court held that no legal or factual change since the court’s preliminary injunction in 2011 warranted dissolution of the preliminary injunction of the pregnancy help center requirement. The Court concluded that the requirement still likely infringed on women’s right to free speech secured in the First Amendment, and presented an undue burden on a woman’s right to access abortion. Defendants appealed this order to the 8th Circuit Court of Appeals.

On October 4, 2022, a joint motion to dismiss was filed by Planned Parenthood as the action had become moot due to Plaintiffs no longer providing abortions in South Dakota as a result of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022) and the state's "Trigger Ban" which had gone into effect. Two days later, the Eighth Circuit dismissed the appeal and vacated the preliminary injunction. Judge Schreier dismissed the case on October 21, 2022.

Summary Authors

Michelle Wolk (4/7/2022)

Kathleen Lok (10/5/2022)

Documents in the Clearinghouse

Document
1

4:11-cv-04071

Complaint

Planned Parenthood Minnesota v. Daugaard

May 27, 2011

May 27, 2011

Complaint
39

4:11-cv-04071

Memorandum Opinion and Order

Planned Parenthood Minnesota v. Daugaard

June 30, 2011

June 30, 2011

Order/Opinion
54

4:11-cv-04071

Order Granting Applicants' Motion to Intervene

Planned Parenthood Minnesota v. Daugaard

Dec. 27, 2011

Dec. 27, 2011

Order/Opinion
82

4:11-cv-04071

Order Dissolving in Part and Continuing in Part the Preliminary Injunction

Planned Parenthood Minnesota v. Daugaard

June 27, 2012

June 27, 2012

Order/Opinion
110

4:11-cv-04071

Memorandum Opinion and Order

Planned Parenthood Minnesota v. Daugaard

Feb. 28, 2013

Feb. 28, 2013

Order/Opinion
129

4:11-cv-04071

Order Dissolving in Part and Continuing in Part the Modified Preliminary Injunction

Planned Parenthood Minnesota v. Daugaard

June 11, 2013

June 11, 2013

Order/Opinion
346

4:11-cv-04071

Sixth Amended Complaint

Planned Parenthood Minnesota v. Noem

July 1, 2021

July 1, 2021

Complaint
374

4:11-cv-04071

Order Denying Motion to Dissolve what Remains of the Preliminary Injunction and Denying as Moot Motion to Expedite

Planned Parenthood Minnesota v. Daugaard

Aug. 20, 2021

Aug. 20, 2021

Order/Opinion
398

4:11-cv-04071

Dismiss

Planned Parenthood Minnesota, North Dakota, South Dakota v. Noem

Oct. 4, 2022

Oct. 4, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4990323/planned-parenthood-minnesota-north-dakota-south-dakota-v-daugaard/

Last updated Nov. 21, 2022, 9:50 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Planned Parenthood Minnesota, North Dakota, South Dakota, Carol E. Ball. (Attachments: # 1 Ex A - HB 1217)(DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

Clearinghouse
2

CIVIL COVER SHEET (DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
3

Filing fee: $ 350, receipt number 22155 (DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
4

Summons Issued as to Dennis Daugaard; handed true copy to counsel's representative(DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
5

Summons Issued as to Marty Jackley; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
6

Summons Issued as to Doneen Hollingsworth; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
7

Summons Issued as to Margaret Hansen; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
8

MOTION for Leave to Plainitffs' Unopposed Motion for Leave to File Overlength Brief by All Plaintiffs. (Bell, Stephen) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
9

ORDER granting 8 Motion for Leave to file overlength brief. Signed by Chief Judge Karen E. Schreier on 6/1/2011. (KC) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
10

MOTION for Preliminary Injunction and Temprorary Restraining Order by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Memorandum of Law in Support of Motion For Preliminary Injunction, # 2 Declaration of Mimi Liu, # 3 Declaration of Jill Meadows, M.D., # 4 Declaration of Carol E. Ball, M.D., # 5 Declaration of Steven Joffe, MD, MPH, # 6 Declaration of Andrea Adams, # 7 Declaration of Lenore E. Walker, Ed.D, # 8 Declaration of Misty Parrow, # 9 Declaration of Marvin Buehner, M.D., # 10 Declaration of Elizabeth Dimitrievich, M.D., M.B.A., # 11 Declaration of Theodore J. Joyce, Ph.D., # 12 Declaration of Kelly Blanchard)(Bell, Stephen) Modified exhibit titles on 6/6/2011 (CMS). (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
11

ORDER Setting Hearing on Motion 10 MOTION for Preliminary Injunction and Temprorary Restraining Order : Motion Hearing set for 6/27/2011 at 01:30 PM in Sioux Falls Courtroom 2 before Chief Judge Karen E. Schreier. Response due 6/20/2011; reply due 6/24/2011. Signed by Chief Judge Karen E. Schreier on 6/6/2011. (KC) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
12

MOTION for attorney Mimi Liu to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Proposed Order to Admit NonResident Attorney Mimi Liu)(Bell, Stephen) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
13

MOTION for attorney Diana Salgado to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
14

MOTION for attorney Roger Evans to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
15

MOTION for attorney Brigitte Amiri to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Motion to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
16

PRO HAC VICE fee paid by Diana Salgado, Roger Evans, and Mimi Liu. (CMS) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
17

PRO HAC VICE fee paid by Brigitte Amiri (CMS) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
18

NOTICE of Appearance by Patricia J. DeVaney on behalf of Dennis Daugaard, Margaret Hansen, Doneen Hollingsworth, Marty Jackley (DeVaney, Patricia) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
19

NOTICE of Appearance by John P. Guhin on behalf of Dennis Daugaard, Margaret Hansen, Doneen Hollingsworth, Marty Jackley (Guhin, John) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
20

MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Dennis Daugaard, Marty Jackley. (Attachments: # 1 Supplement Certificate of Good Standing)(King, Rory) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
21

MOTION to Withdraw 20 MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Dennis Daugaard, Marty Jackley. (King, Rory) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
22

ORDER granting 21 Motion to Withdraw. Signed by Chief Judge Karen E. Schreier on 6/8/2011. (KC) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
23

ORDER granting 12 Motion for Attorney Mimi Liu to appear Pro Hac Vice; granting 13 Motion for Attorney Diana Salgado to appear Pro Hac Vice; granting 14 Motion for Attorney Roger Evans to appear Pro Hac Vice; granting 15 Motion for Attorney Bridgitte Amiri to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/8/2011. (KC) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
24

NOTICE by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota of First Amended Complaint (Attachments: # 1 First Amended Complaint)(Bell, Stephen) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
25

AMENDED COMPLAINT, filed by Planned Parenthood Minnesota, North Dakota, South Dakota, Carol E. Ball. (Attachments: # 1 Exhibit A - HB No. 1217)(Bell, Stephen) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
26

PRO HAC VICE fee paid by Andrew D. Beck (SLW) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
27

MOTION for attorney Andrew Beck to Appear Pro Hac Vice by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Text of Proposed Order Proposed Order to Admit Nonresident Attorney Andrew Beck)(Bell, Stephen) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
28

ORDER granting 27 Motion for Attorney Andrew D. Beck to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/14/2011. (KC) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
29

MOTION for Leave to File Excess Pages Unopposed by All Defendants. (Guhin, John) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
30

ORDER granting 29 Motion for Leave to File Excess Pages. Signed by Chief Judge Karen E. Schreier on 6/17/2011. (KC) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
31

FILED IN ERROR - MOTION for attorney Michael R. Drysdale to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order to Admit Nonresident Attorney Michael R. Drysdale)(Bell, Stephen) Modified on 6/21/2011 (DJP). (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
32

MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by All Defendants. (Attachments: # 1 Affidavit Declaration of Dr. Calhoun, # 2 Affidavit Declaration of Dr. Christiansen, # 3 Affidavit Declaration of Dr. Coyle, # 4 Affidavit Declaration of Kimberly Martinez, # 5 Affidavit Declaration of Patricia J. DeVaney with Ex. A, 2009 Vital Statistics Report excerpt; Ex. B, Ball Depo excerpt with PP Forms; Ex. C, Andrea Depo excerpt; Ex. D, Jamie Depo excerpt; Ex. E, Dictionary excerpt, # 6 Affidavit Declaration of Stacey Wollman, # 7 Affidavit Declaration of Dr. Shuping, # 8 Affidavit Declaration of Dr. Uhlenberg, # 9 Affidavit Declaration of Dr. Wei)(Guhin, John) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
33

PRO HAC VICE fee paid by Dorsey & Whitney on behalf of Michael R. Drysdale in the amount of $100, receipt no. 22417 (DJP) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
34

ANSWER to 25 Amended Complaint by All Defendants.(Guhin, John) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
35

MOTION for attorney Michael R. Drysdale to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
36

ORDER granting 35 Motion for Attorney Michael R. Drysdale to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/22/2011. (KC) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
37

REPLY to Motion Response re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Affidavit Supplemental Declaration of Theodore J. Joyce, Ph.D.)(Bell, Stephen) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
38

Motion Hearing held on 6/27/2011 re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota before Chief Judge Karen E. Schreier (Court Reporter Jill Connelly/FTR #2) (DJP) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER

Motions Taken Under Advisement

June 27, 2011

June 27, 2011

PACER
39

ORDER granting 10 Motion for Preliminary Injunction. Signed by Chief Judge Karen E. Schreier on 6/30/2011. (KC) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

Clearinghouse
40

MOTION to Intervene by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Declaration of Kimberly Martinez, # 2 Declaration of Leslie J. Unruh, # 3 Declaration of Stacy A. Wollman, # 4 Declaration of Glenn Ridder, MD, # 5 Declaration of Patricia K. Giebink, MD, # 6 Declaration of Abby K. Johnson, # 7 Declaration of Miriam Grossman, MD, # 8 Declaration of Brittany Weston, # 9 Declaration of Alexandra L. Szameit, # 10 Declaration of Vixie Miller, # 11 MEMORANDUM OF LAW in Support of Motion for Intervention of Alpha Center and Care Net Pregnancy Resource Center)(King, Rory) Modified exhibit titles on 7/5/2011 (CMS). (Entered: 07/01/2011)

1 Declaration of Kimberly Martinez

View on PACER

2 Declaration of Leslie J. Unruh

View on PACER

3 Declaration of Stacy A. Wollman

View on PACER

4 Declaration of Glenn Ridder, MD

View on PACER

5 Declaration of Patricia K. Giebink, MD

View on PACER

6 Declaration of Abby K. Johnson

View on PACER

7 Declaration of Miriam Grossman, MD

View on RECAP

8 Declaration of Brittany Weston

View on PACER

9 Declaration of Alexandra L. Szameit

View on PACER

10 Declaration of Vixie Miller

View on PACER

11 MEMORANDUM IN SUPPORT of Motion for Intervention of Alpha Center and Care Net Pr

View on PACER

July 1, 2011

July 1, 2011

PACER
41

MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Statement of Proposed Admitee, # 2 Certificate of Good Standing, # 3 Text of Proposed Order Order to Admit Nonresident Attorney)(King, Rory) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
42

ANSWER to 25 Amended Complaint by Alpha Center, Black Hills Crisis Pregnancy Center.(King, Rory) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
43

ORDER granting 41 Motion for Attorney Harold J. Cassidy to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 7/6/2011. (KC) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER

PHV Fee Paid

July 15, 2011

July 15, 2011

PACER
44

RESPONSE to Motion re 40 MOTION to Intervene filed by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
45

RESPONSE to Motion re 40 MOTION to Intervene filed by All Plaintiffs. (Bell, Stephen) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

RECAP
46

TRANSCRIPT of Proceedings re 38 Motion Hearing, held on 6-27-2011 before Judge Karen E. Schreier. Court Reporter/Transcriber: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office 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 8/18/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/27/2011. (JC) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

RECAP
47

NOTICE of Filing of Official Transcript re: 38 Motion Hearing. Notice mailed to non-ecf counsel. (JC) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

PACER
48

(FILED IN ERROR) REPLY to Motion Response re 40 MOTION to Intervene filed by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(King, Rory) Modified on 8/9/2011 (CMS). (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
49

REPLY to Motion Response re 40 MOTION to Intervene filed by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Affidavit of Harold Cassidy, # 2 Affidavit of Leslee Unruh, # 3 Affidavit of Stacey Wollman)(King, Rory) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER

Notice of Filing Error

Aug. 8, 2011

Aug. 8, 2011

PACER
50

AFFIDAVIT in Support re 40 MOTION to Intervene of Harold Cassidy Amended filed by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
51

Letter to Hon. Karen Schreier. (Guhin, John) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
52

ORDER approving 51 Letter re proposed Rule 16(b) scheduling order. Signed by Chief Judge Karen E. Schreier on 8/12/2011. (KC) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
53

Letter to Judge Karen E. Schreier. (King, Rory) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
54

ORDER granting 40 Motion to Intervene. Signed by Chief Judge Karen E. Schreier on 12/27/2011. (KC) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

Clearinghouse
55

Letter to Judge Schreier. (DeVaney, Patricia) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
56

ORDER re: intervenors' participation in discovery. Signed by US Magistrate Judge John E. Simko on 1/18/12. (SLW) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER

Add and Terminate Judges

Jan. 18, 2012

Jan. 18, 2012

PACER
57

MOTION to Amend/Correct 54 Order on Motion to Intervene FRCP Rule 60(b)(6) Motion by All Defendants. (Guhin, John) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
58

MEMORANDUM in Support re 57 MOTION to Amend/Correct 54 Order on Motion to Intervene FRCP Rule 60(b)(6) Motion filed by All Defendants. (Guhin, John) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
59

RESPONSE to 57 Motion to Amend/Correct Order on Motion to Intervene FRCP Rule 60(b)(6) Motion filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Bell, Stephen) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

PACER
60

(FILED IN ERROR) REPLY to 59 Response to State's Rule 60(b)(6) filed by All Defendants. (Guhin, John) Modified on 2/29/2012 (CMS). (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
61

MOTION to Withdraw Attorney of Record DeVaney by Dennis Daugaard, Marty Jackley. (Guhin, John) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
62

REPLY to 59 Response to State's Rule 60(b)(6) filed by All Defendants. (Guhin, John) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
63

NOTICE of Appearance by Patricia J. Archer on behalf of Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley (Archer, Patricia) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER

Notice of Filing Error

Feb. 29, 2012

Feb. 29, 2012

PACER
64

PROPOSED Schedule by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Attachments: # 1 Exhibit HB 1254)(Guhin, John) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
65

TEXT ORDER granting 61 Motion to Withdraw. Signed by Chief Judge Karen E. Schreier on 3/5/2012. (KC) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
66

ORDER re: Intervenors' participation in discovery. Signed by US Magistrate Judge John E. Simko on 3/15/12. (SLW) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
67

MOTION to Withdraw as Attorney - Mimi Liu by All Plaintiffs. (Bell, Stephen) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
68

TEXT ORDER granting 67 Motion to Withdraw as Attorney. Attorney Mimi Y. C. Liu terminated. Signed by Chief Judge Karen E. Schreier on 3/22/2012. (KC) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
69

ORDER denying 57 Motion to Amend/Correct. Signed by Chief Judge Karen E. Schreier on 3/28/2012. (KC) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
70

SCHEDULING ORDER: Discovery due by 1/31/2013. Motions due by 4/15/2013. Signed by Chief Judge Karen E. Schreier on 3/28/2012. (KC) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
71

AMENDED COMPLAINT Second, filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit A - HB 1254) (Bell, Stephen) Modified on 5/2/2012 to identify exhibit(CMS). (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
72

MOTION to Extend Deadlines, MOTION Leave to File Third Amended Complaint and Extend Times re 71 Amended Complaint, 70 Scheduling Order by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
73

TEXT ORDER granting 72 Motion to Extend Deadlines allowing plaintiffs until May 21, 2012, to file a Third Amended Complaint; granting 72 Motion to allow defendants and intervenors until June 4, 2012, to file answers to a third amended complaint and excusing any obligation to file answers to the second amended complaint. Signed by Chief Judge Karen E. Schreier on 5/16/2012. (KC) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
74

AMENDED COMPLAINT - Third, filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit A - HB 1254) (Bell, Stephen) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
75

Joint MOTION Modify Pretrial Schedule by All Plaintiffs. (Bell, Stephen) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
76

ORDER granting 75 Motion to modify pretrial schedule. Signed by Chief Judge Karen E. Schreier on 5/29/2012. (KC) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
77

(State Defendants') ANSWER to 1 Complaint (Third) by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
78

ANSWER to 74 Amended Complaint by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
79

MOTION for Attorney Jennifer R. Sandman to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-1431101) by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
80

ORDER granting 79 Motion for Admission Pro Hac Vice of Attorney Jennifer R. Sandman for Carol E. Ball,Jennifer R. Sandman for Planned Parenthood Minnesota, North Dakota, South Dakota. Signed by Chief Judge Karen E. Schreier on 6/15/12. (DJP) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
81

Motion /STIPULATION re: 39 Order granting Preliminary Injunction by Alpha Center, Carol E. Ball, Black Hills Crisis Pregnancy Center, Dennis Daugaard, Robert Ferrell, Margaret Hansen, Doneen Hollingsworth, Marty Jackley, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(Guhin, John) Modified on 6/27/2012 to change event type and add link(SLW). (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
82

ORDER granting 81 Motion to Amend/Correct. The preliminary injunction 39 is dissolved in part and continued in part as stated in this order. Signed by Chief Judge Karen E. Schreier on 6/27/12. (Attachments: # 1 Exhibit 1- Amended Act) (SLW) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

Clearinghouse
83

Letter to the Court. (Guhin, John) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
84

AMENDED ORDER as to 82 Order on Motion to Amend/Correct (dissolving in part and continuing in part the preliminary injunction) Signed by Chief Judge Karen E. Schreier on 6/27/12. (Attachments: # 1 Exhibit 1 - statutes)(DJP) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

RECAP
85

JOINT PROPOSAL to 66 ORDER re: Intervenors' participation in discovery by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Main Document 85 replaced on 7/20/2012) (CMS). Modified title and link on 7/23/2012 (CMS). (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
86

STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Dennis Daugaard, Robert Ferrell, Margaret Hansen, Doneen Hollingsworth, Marty Jackley. (Archer, Patricia) Modified text and link on 7/23/2012 (CMS). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
87

STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Plaintiffs Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Bell, Stephen) Modified title and link on 7/23/2012 (CMS). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
88

STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) Modified text and link on 7/23/2012 (CMS). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
89

REPLY to 87 Brief Plaintiffs' Memorandum Regarding Intervenors' Discovery Guidelines filed by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
90

REPLY to 87 Brief of Plaintiffs filed by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
91

(FILED IN ERROR) RESPONSE to 85 Proposed Schedule, Regarding Intervenors' Discovery Guidelines filed by All Plaintiffs. (Bell, Stephen) Modified on 8/2/2012 (CMS). (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
92

RESPONSE to 85 Proposed Schedule, Regarding Intervenors' Discovery Guidelines filed by All Plaintiffs. (Bell, Stephen) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER

Notice of Filing Error

Aug. 2, 2012

Aug. 2, 2012

PACER
93

Joint MOTION Modify Pretrial Discovery Schedule Filed on Behalf of All Parties by All Plaintiffs. (Bell, Stephen) Modified event type to Motion to Amend/Correct on 8/10/2012 (CMS). (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
94

ORDER granting 93 Motion to Amend/Correct. Discovery due by 3/18/2013. Motions due by 5/30/2013. Signed by Chief Judge Karen E. Schreier on 8/15/2012. (KC) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: May 27, 2011

Closing Date: Oct. 21, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood Minnesota, North Dakota, South Dakota, and a Board Certified obstetrician and gynecologist who provides abortion services in South Dakota.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

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

South Dakota, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Establishment Clause

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2011 - 2022

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Mandatory delay

Undue Burden

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

General:

Abortion

Confidentiality

Disparate Impact

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Sex discrimination

Affected Gender:

Female