Case: EMW Women's Surgical Center, P.S.C. v. Meier

EMW Women's Surgical Center v. Beshear

EMW Women's Surgical Center, P.S.C. v. Beshear

EMW Women's Surgical Center P.S.C. v. Meier

EMW Women's Surgical Center P.S.C. v. Friedlander

U.S. Court of Appeals for the Sixth Circuit

Cameron v. EMW Women’s Surgical Center, P.S.C.

Supreme Court of the United States

COMPLAINT against Andrew G. Beshear, Scott Brinkman, Michael S. Rodman, Thomas B. Wine Filing fee $ 400, receipt number 0644-2621358., filed by EMW Women's Surgical Center, P.S.C., Ashlee Bergin, Tanya Franklin, M.D.. (Attachments: # 1 Cover Sheet, # 2 Cover Sheet Addendum, # 3 Exhibit A - HB 454) (DJT) (Entered: 04/11/2018)

1 Cover Sheet

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2 Cover Sheet Addendum

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3 Exhibit A - HB 454

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Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C.. (DJT) (Entered: 04/11/2018)

Motion for Preliminary Injunction

Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. Magistrate Judge designation: Dave Whalin. (DJT) (Entered: 04/11/2018)

Summons Issued as to Andrew G. Beshear, Scott Brinkman, Michael S. Rodman, Thomas B. Wine. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons as to Scott Brinkman, # 2 Summons as to Michael S. Rodman, # 3 Summons as to Thomas B. Wine) (DJT) (Entered: 04/11/2018)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/11/18: This action is hereby REFERRED to the Honorable DAVE WHALIN, United States Magistrate Judge, for determination of non-dispositive matters pursuant to Title 28, U.S.C. ยง 636(b)(1)(A).Said Magistrate is empowered to conduct any hearings necessary for their resolution. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (DJT) (Entered: 04/11/2018)

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Memorandum in Support Memorandum in Support of TRO/PI Motion, # 2 Exhibit Exhibit 1- Bergin Declaration, # 3 Exhibit Exhibit 2- Davis Declaration, # 4 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 04/11/2018)

1 Memorandum in Support Memorandum in Support of TRO/PI Motion

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2 Exhibit Exhibit 1- Bergin Declaration

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3 Exhibit Exhibit 2- Davis Declaration

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4 Proposed Order Proposed Order

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MOTION for Andrew Beck to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2621521. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Affidavit Declaration of Andrew Beck in Support of Pro Hac Vice Motion, # 2 Addendum Certificate of Good Standing of Andrew Beck, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 04/11/2018)

MOTION for Elizabeth Watson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2621526. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Affidavit Declaration of Elizabeth Watson, # 2 Addendum Certificate of Good Standing of Elizabeth Watson, # 3 Proposed Order Proposed Order, # 4 Addendum Certificate of Service) (Cubbage, Amy) (Entered: 04/11/2018)

MOTION for Susan Talcott Camp to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2621528. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Affidavit Declaration of Susan Talcott Camp, # 2 Addendum Certificate of Good Standing of Susan Talcott Camp, # 3 Proposed Order Proposed Order, # 4 Addendum Certificate of Service) (Cubbage, Amy) (Entered: 04/11/2018)

MOTION for Preliminary Injunction by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, M.D. (*NOTE- NO PDF ATTACHED: This motion was included with the Motion for TRO 6 and has been docketed separately by the Clerk for report purposes. PLEASE SEE DN 6 for viewing.) (JM)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/11/2018: The Court will conduct a telephonic hearing on Plaintiffs' motion for temporary restraining order [DN 6] on Thursday, April 12, 2018, at 11:30 AM CDT. Counsel shall connect to the conference by dialing toll free 1-877-873-8017 and entering access code 6833907#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of record, Chad Meredith: chad.meredith@ky.gov, Talcott Camp: tcamp@aclu.org (EAS) (Entered: 04/11/2018)

NOTICE of Appearance by Matthew F. Kuhn on behalf of Scott Brinkman (Kuhn, Matthew) (Entered: 04/11/2018)

NOTICE of Appearance by M. Stephen Pitt on behalf of Scott Brinkman (Pitt, M.) (Entered: 04/11/2018)

NOTICE of Appearance by S. Chad Meredith on behalf of Scott Brinkman (Meredith, S.) (Entered: 04/11/2018)

NOTICE of Appearance by Lesley S. Bilby on behalf of Scott Brinkman (Bilby, Lesley) (Entered: 04/12/2018)

NOTICE of Appearance by Steven T. Mayo on behalf of Michael S. Rodman (Mayo, Steven) (Entered: 04/12/2018)

NOTICE of Appearance by Marc G. Farris on behalf of Michael S. Rodman (Farris, Marc) (Entered: 04/12/2018)

NOTICE of Appearance by La Tasha Buckner on behalf of Andrew G. Beshear (Buckner, La Tasha) (Entered: 04/12/2018)

NOTICE of Appearance by Matthew D. James on behalf of Andrew G. Beshear (James, Matthew) (Entered: 04/12/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 4/12/2018 granting 7 Motion for Attorney Andrew Beck to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 04/12/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 4/12/2018 granting 8 Motion for attorney Elizabeth Watson to Appear Pro Hac Vice. cc: Counsel(JM) (Entered: 04/12/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 8/12/2018 granting 9 Motion for Attorney Susan Talcott Camp to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 04/12/2018)

Proposed Order by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Beck, Andrew) (Entered: 04/12/2018)

COURT PROCEEDINGS held before Chief Judge Joseph H. McKinley, Jr.: Telephone Conference held on 4/12/2018. (Court Reporter April Dowell.) (EAS) (Entered: 04/13/2018)

JOINT CONSENT ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/12/18: Defendant's brief in opposition to Motion due by 5/2/2018. Plaintiffs' reply in further support of their motion shall be due 5/17/2018. On 5/22/2018, the parties shall exchange lists containing all witnesses who will testify at the 6/5/2018, preliminary injunction hearing. Evidentiary Hearing set for 6/5/2018 at 9:00 AM in Louisville Courtroom before Chief Judge Joseph H. McKinley Jr..cc:counsel (DJT) (Entered: 04/13/2018)

ATTORNEY NOTICE of Deficiency sent to Attorney Hans Herklotz re 22 Proposed Agree Order: Attorney not admitted to the WDKY. Failure to comply will be brought to the attention of the Court. Response due by 4/30/2018. (JM) (Entered: 04/16/2018)

MOTION for Caroline Chiappetti to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2625829. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Addendum Declaration of Caroline Chiappetti, # 2 Addendum Chiappetti Certificate of Good Standing, # 3 Proposed Order Proposed Order, # 4 Addendum Certificate of Service) (Cubbage, Amy) (Entered: 04/18/2018)

MOTION for Leah Godesky to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2625843. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Addendum Declaration of Leah Godesky, # 2 Addendum Godesky Certificate of Good Standing, # 3 Proposed Order Proposed Order, # 4 Addendum Certificate of Service) (Cubbage, Amy) (Entered: 04/18/2018)

MOTION for Taylor S. Simeone to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2625856. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Addendum Declaration of Taylor S. Simeone, # 2 Addendum Simeone Certificate of Good Standing, # 3 Proposed Order Proposed Order, # 4 Addendum Certificate of Service) (Cubbage, Amy) (Entered: 04/18/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 4/23/2018 granting 26 Motion for Attorney Caroline Chiappetti to Appear Pro Hac Vice cc: Counsel (JM) (Entered: 04/23/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 4/23/2018 granting 27 Motion for Attorney Leah Godesky to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 04/23/2018)

ORDER Signed by Magistrate Judge Dave Whalin on 4/23/2018 granting 28 Motion for Attorney Taylor Simeone to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 04/23/2018)

SUMMONS Returned Executed by EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. Michael S. Rodman served on 4/19/2018, answer due 5/10/2018. (Cubbage, Amy) (Entered: 04/25/2018)

Joint MOTION for Hearing by Plaintiffs and Defendant Secretary Brinkman by Defendant Scott Brinkman (Attachments: # 1 Proposed Order) (Meredith, S.) (Entered: 04/27/2018)

SUMMONS Returned Executed by EMW Women's Surgical Center, P.S.C., Ashlee Bergin, Tanya Franklin, MD. Thomas B. Wine served on 4/25/2018, answer due 5/16/2018. (Cubbage, Amy) (Entered: 04/30/2018)

TEXT ORDER by Magistrate Judge Dave Whalin on 5/1/2018. A Telephonic Status Conference is scheduled for 5/4/2018 at 10:00 AM before Magistrate Judge Dave Whalin. Counsel shall connect to the conference by dialing 1-877-336-1829, Access Code 4516450. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH) (Entered: 05/01/2018)

Proposed Agreed Order/Stipulation by Scott Brinkman. (Meredith, S.) (Entered: 05/01/2018)

Proposed Agreed Order Modifying Briefing Deadlines re 24 Order, by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Cubbage, Amy) (Entered: 05/02/2018)

Proposed Agreed Order/Stipulation re 24 by Michael S. Rodman. (Mayo, Steven) (Entered: 05/02/2018)

SUMMONS Returned Executed by EMW Women's Surgical Center, P.S.C., Ashlee Bergin, Tanya Franklin, MD. Andrew G. Beshear served on 4/25/2018, answer due 5/16/2018. (Cubbage, Amy) (Entered: 05/04/2018)

SUMMONS Returned Executed by EMW Women's Surgical Center, P.S.C., Ashlee Bergin, Tanya Franklin, MD. Scott Brinkman served on 4/25/2018, answer due 5/16/2018. (Cubbage, Amy) (Entered: 05/04/2018)

ORDER for proceedings held before Magistrate Judge Dave Whalin: Telephone Conference held on 5/4/2018. Defendants' deadline for filing a response to Plaintiffs' motion for preliminary injunctive relief is extended to 5/8/2018, and Plaintiffs'deadline to reply is extended to 5/22/2018. Discovery due by 8/15/2018. Dispositive Motions due by 9/28/2018. Preliminary Junction hearing remains set for 6/5/2018 at 9:00 AM in Louisville Courtroom before Chief Judge Joseph H. McKinley Jr.. cc: counsel (JM) (Entered: 05/08/2018)

RESPONSE to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction, MOTION for Preliminary Injunction filed by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 05/08/2018)

RESPONSE to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Scott Brinkman. (Attachments: # 1 Exhibit A-HB 454, # 2 Exhibit B-Dermish Tr., # 3 Exhibit C-PPFA Guidelines, # 4 Exhibit D-Biggio Declaration, # 5 Exhibit E-Berry Tr., # 6 Exhibit F-Silverthorn Tr., # 7 Proposed Order) (Pitt, M.) (Entered: 05/08/2018)

RESPONSE to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Michael S. Rodman. (Mayo, Steven) (Entered: 05/08/2018)

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant Michael S. Rodman (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order) (Mayo, Steven) (Entered: 05/10/2018)

Proposed Agreed Order/Stipulation by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 05/11/2018)

Proposed Agreed Order/Stipulation by Michael S. Rodman. (Mayo, Steven) (Entered: 05/15/2018)

MOTION for Status Conference by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 05/16/2018)

ANSWER to 1 Complaint, with Jury Demand by Scott Brinkman. (Pitt, M.) (Entered: 05/16/2018)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/21/2018 granting 48 Motion for status conference. This matter is set for a TELEPHONIC STATUS CONFERENCE on 5/24/2018 at 10:00 AM CDT before Chief Judge Joseph H. McKinley Jr. Counsel shall connect to the conference by dialing toll free 1-877-873-8017 and entering access code 6833907#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(EAS) (Entered: 05/21/2018)

STIPULATION AND ORDER OF DISMISSAL UPON CONDITIONS OF ANDREW G. BESHEAR by Chief Judge Joseph H. McKinley, Jr. on 5/21/2018: Pursuant to Fed. R. Civ. P. 41(a)(2) Defendant Beshear is hereby dismissed without prejudice. cc: counsel (JM) (Entered: 05/21/2018)

STIPULATION AND ORDER OF DISMISSAL OF MICHAEL S. RODMAN by Chief Judge Joseph H. McKinley, Jr. on 5/21/2018: Pursuant to Fed. R. Civ. P. 41(a)(2) Defendant Rodman is hereby dismissed without prejudice. cc: counsel (JM) (Entered: 05/21/2018)

MOTION for Leave to File Excess Pages by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Proposed Order) (Cubbage, Amy) (Entered: 05/22/2018)

REPLY to Response to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Cubbage, Amy) (Entered: 05/22/2018)

NOTICE of Exchange of Witness Lists by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD re 50 Order on Motion for Miscellaneous Relief,, (Attachments: # 1 Exhibit Exhibit A-- Plaintiff's Witness List, # 2 Exhibit Exhibit B-- Defendant's Witness List) (Cubbage, Amy) (Entered: 05/24/2018)

ORDER for proceedings held before Chief Judge Joseph H. McKinley, Jr.: Telephone Conference held on 5/24/2018. The evidentiary hearing scheduled for 6/5/2018, is vacated. The parties shall continue to abide by the terms of the Consent Order 24 suspending enforcement of the Act until the trial on the merits. Trial set for 11/13/2018 at 10:00 AM in Louisville Courtroom before Chief Judge Joseph H. McKinley Jr.. The parties shall confer and submit a proposed litigation plan to the Court no later than 6/8/2018. cc: counsel, SH (JM) (Entered: 05/29/2018)

Agreed REPORT of Rule 26(f) Planning Meeting by Scott Brinkman. (Kuhn, Matthew) (Entered: 06/08/2018)

ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/13/2018: The Court ADOPTS the joint litigation plan (DN 57 ); This matter remains on the Court's trial docket for 11/13/2018, at 10:00 AM EST, U.S. Courthouse, Louisville, Kentucky. cc: counsel (JM) (Entered: 06/13/2018)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-08, Case referred to United States Magistrate Judge Edwards. Case no longer referred to United States Magistrate Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA) (Entered: 07/30/2018)

MOTION to Strike by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Affidavit Declaration of Andrew Beck, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Memorandum in Support of Motion to Strike) (Beck, Andrew) (Entered: 08/30/2018)

MOTION for Alexa Kolbi-Molinas to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2715300. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit Kolbi-Molinas Declaration in Support of Motion, # 2 Exhibit Kolbi-Molinas Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 09/12/2018)

ORDER Signed by Magistrate Judge Regina S. Edwards on 9/17/2018 granting 61 Motion for Attorney Alexa Kolbi-Molinas to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 09/17/2018)

RESPONSE to Motion re 60 MOTION to Strike filed by Scott Brinkman. (Attachments: # 1 Exhibit Exhibit A - Davis Report, # 2 Exhibit Exhibit B - Malloy Report) (York, Catherine) (Entered: 09/20/2018)

REPLY to Response to Motion re 60 MOTION to Strike Malloy Second Expert Report filed by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Attachments: # 1 Exhibit Emails Defendants Produced in Discovery) (Beck, Andrew) (Entered: 10/02/2018)

ORDER Signed by Chief Judge Joseph H. McKinley, Jr. on 10/9/2018 granting 60 Motion to Strike, or in the Alternative for Leave to File a Supplemental Rebuttal Report. Within ten (10) days of the date of entry of this order, Plaintiffs shall file their supplemental rebuttal report with the Court. cc: Counsel(JM) (Entered: 10/09/2018)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/15/2018: This matter is set for a TELEPHONIC FINAL PRETRIAL CONFERENCE on 11/2/2018 at 2:00 PM EDT before Chief Judge Joseph H. McKinley Jr. To connect to the conference, counsel are directed to call 1-877-873-8017 and enter Access Code 6833907#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (EAS) (Entered: 10/15/2018)

Expert Witness Disclosure by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Beck, Andrew) (Entered: 10/19/2018)

MOTION for Meagan Burrows to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2740658. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit Declaration of M. Burrows, # 2 Exhibit M. Burrows Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 10/25/2018)

MOTION for Protective Order by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Beck, Andrew) (Entered: 10/26/2018)

MOTION to Expedite Hearing on Motion for Protective Order by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 10/26/2018)

SEALED DOCUMENT: Witness List by Scott Brinkman. (Pitt, M.) Modified restriction on 10/29/2018. Document sealed pursuant to Court Order 74 (JM). (Entered: 10/26/2018)

Exhibit List by Scott Brinkman.. (Pitt, M.) (Entered: 10/26/2018)

MEMORANDUM re 70 Motion to Expedite, 69 Motion for Protective Order by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Cubbage, Amy) (Entered: 10/26/2018)

ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/29/2018: The witness list filed by Defendant Scott Brinkman 71 is SEALED pending further order of the Court. cc: counsel (JM) (Entered: 10/29/2018)

ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/29/2018: Defendant shall file a response to Plaintiffs' Motion 69 for Protective Order on 10/30/2018, before 5:00 p.m. C.D.T.; granting 70 Plaintiff's MOTION for Expedited Hearing: Telephone Conference set for 10/31/2018 10:30 AM before Chief Judge Joseph H. McKinley Jr.. cc: counsel (JM) (Entered: 10/29/2018)

RESPONSE to Motion re 69 MOTION for Protective Order And Motion to Strike filed by Scott Brinkman. (Pitt, M.) (Entered: 10/30/2018)

ORDER Signed by Magistrate Judge Regina S. Edwards on 10/31/2018 granting 68 Motion for Attorney Meagan Burrows to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 10/31/2018)

MOTION to Appear Pro Hac Vice of Esha Bhandari Filing fee $ 125, receipt number 0644-2744240. by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit E. Bhandari Declaration, # 2 Exhibit E. Bhandari Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 10/31/2018)

ORDER from proceedings held before Chief Judge Joseph H. McKinley, Jr.; Pretrial Conference held on 10/31/2018: The telephonic final pretrial conference scheduled for 11/2/2018, at 2:00 PM is vacated. Should the bench trial not be completed by 11/16/2018, the Court will resume trial on November 19, 2018, if necessary. Defendants Andrew G. Beshear and Michael S. Rodman have been dismissed from this action. Adam W. Meier, Secretary of Kentuckys Cabinet for Health and Family Services is hereby substituted for Defendant Scott Brinkman. The Clerk is directed to modify the case caption in CM/ECF as follows to reflect the remaining properly named Defendants: EMW Womens Surgical Center, P.S.C., et al. v. Meier, et al. By separate order, the Court will enter the protective order offered by the Plaintiffs. However, a designation of confidential or attorneys eyes only shall not necessarily mean the information will be sealed by the Court from the public record. (Court Reporter Terri Turner.) cc: Counsel (DJT) (Entered: 10/31/2018)

STIPULATED PROTECTIVE ORDER by Chief Judge Joseph H. McKinley, Jr. on 10/31/18. cc: Counsel (DJT) (Entered: 10/31/2018)

MOTION in Limine To Exclude Expert Testimony of Dr. Anne Davis by Defendant Adam W. Meier (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B) (Pitt, M.) (Entered: 11/02/2018)

MOTION in Limine to Exclude Testimony of Sheila Katz by Defendant Adam W. Meier (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Pitt, M.) (Entered: 11/02/2018)

PRETRIAL MEMORANDUM by Adam W. Meier. (Attachments: # 1 Exhibit 1 - Levatino Expert Report, # 2 Exhibit 2 - Thorp Expert Report, # 3 Exhibit 3 - Bramer Expert Report, # 4 Exhibit 4 - Malloy Expert Report, # 5 Exhibit 5 - Curlin Deposition Transcript, # 6 Exhibit 6 - Snead Deposition Transcript, # 7 Exhibit 7 - Planned Parenthood's Standards, # 8 Exhibit 8 - Berry Opening Expert Report) (Pitt, M.) (Entered: 11/02/2018)

MOTION in Limine to Exclude the Proposed Testimony of O. Carter Snead, to Limit the Proposed Testimony of Drs. Anthony Levatino and Colleen Malloy, and to Exclude Previously Undisclosed Fact Witnesses by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit 1 - Snead Transcript Excerpt, # 2 Exhibit 2 - Snead Declaration July 27, 2018, # 3 Exhibit 3 - October 2018 Levatino Deposition Transcript, # 4 Exhibit 4 - October 10 2018 Malloy Deposition Transcript (Vol II), # 5 Exhibit 5 - October 9 2018 Malloy Deposition Transcript (Vol I), # 6 Exhibit 6 - Levatino Expert Report 07.26.2018, # 7 Exhibit 7 - 2018 VS ITOP data, # 8 Exhibit 8 - Franklin Expert Disclosure 07.27.2018, # 9 Exhibit 9 - Ralston Rebuttal Report, # 10 Exhibit 10 - Defs Initial Disclosures 06.20.18, # 11 Proposed Order) (Beck, Andrew) (Entered: 11/02/2018)

PRETRIAL MEMORANDUM by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Attachments: # 1 Exhibit A - Defendants' Objections and Responses to Plaintiffs' First Discover) (Beck, Andrew) (Main Document 85 replaced on 11/5/2018) (JM). (Attachment 1 replaced on 11/5/2018) (JM). (Entered: 11/02/2018)

MOTION to Strike and Substitute 85 Pretrial Memorandum. Document or Part to be Stricken and/or Substituted: Pretrial Memorandum by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit Exhibit 1-- Corrected Pretrial Memorandum, # 2 Exhibit Exhibit 1A-- Exhibit A to Corrected Pretrial Memorandum (Defendant's Objections and Responses to Discovery), # 3 Proposed Order Proposed Order) (Cubbage, Amy) (Entered: 11/03/2018)

ORDER Signed by Magistrate Judge Regina S. Edwards on 11/5/2018 granting 78 Motion for Attorney Esha Bhandari to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 11/05/2018)

TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 11/5/2018 granting 86 Motion to Strike. The Clerk is directed to strike the pleading filed as DN 85 and enter into the record Exhibit 1 to the Motion to File a Corrected Pretrial Memorandum [DN 86]. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(EAS) (Entered: 11/05/2018)

MOTION to Compel Documents Responsive To Their Expert-Witness Subpoenas by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Exhibit A: Deposition Exhibit, # 2 Exhibit B: Expert Witness Subpoena, # 3 Exhibit C: Email, # 4 Exhibit D: Redacted Text Messages, # 5 Exhibit E: Email, # 6 Exhibit F: Privilege Log, # 7 Exhibit G: Privilege Logs, # 8 Exhibit H: Email, # 9 Exhibit I: Email, # 10 Exhibit J: Deposition Transcript Excerpt, # 11 Exhibit K: Deposition Transcript Excerpt, # 12 Exhibit L: Deposition Transcript Excerpt, # 13 Proposed Order) (Beck, Andrew) (Entered: 11/05/2018)

MOTION to Expedite Hearing on Plaintiffs' Motion To Compel 89 by Plaintiffs Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD (Attachments: # 1 Proposed Order) (Beck, Andrew) (Entered: 11/05/2018)

ORDER by Magistrate Judge Regina S. Edwards - Plaintiffs' Motion for Expedited Hearing (DN 90 ) is GRANTED. A telephonic hearing re (DN 89 ) Plaintiffs' Motion to Compel is set for 11/6/2018 at 2:00 PM before Magistrate Judge Regina S. Edwards. Counsel will be provided with a conference dial-in number by e-mail. cc: Counsel (KD) (Entered: 11/06/2018)

ORDER for proceedings held before Magistrate Judge Regina S. Edwards: Telephone Conference held on 11/6/2018: re: Defendants have until 12:00 PM on 11/7/2018, to file a written response to Plaintiffs Motion 89 to Compel. cc: counsel (JM) (Entered: 11/07/2018)

RESPONSE to Motion re 89 MOTION to Compel Documents Responsive To Their Expert-Witness Subpoenas filed by Adam W. Meier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Pitt, M.) (Entered: 11/07/2018)

NOTICE of Filing of Exhibits by Adam W. Meier re 93 Response to Motion, (Attachments: # 1 Exhibit Corrected Exhibit C, # 2 Exhibit Exhibit H, # 3 Exhibit Exhibit I, # 4 Exhibit Exhibit J, # 5 Exhibit Exhibit K) (York, Catherine) (Entered: 11/07/2018)

RESPONSE to Motion re 81 MOTION in Limine To Exclude Expert Testimony of Dr. Anne Davis filed by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Beck, Andrew) (Entered: 11/07/2018)

RESPONSE to Motion re 82 MOTION in Limine to Exclude Testimony of Sheila Katz filed by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Beck, Andrew) (Entered: 11/07/2018)

RESPONSE to Motion re 84 MOTION in Limine to Exclude the Proposed Testimony of O. Carter Snead, to Limit the Proposed Testimony of Drs. Anthony Levatino and Colleen Malloy, and to Exclude Previously Undisclosed Fact Witnesses filed by Adam W. Meier. (Attachments: # 1 Exhibit 1 - Snead Expert Report, # 2 Exhibit 2 - Snead Deposition Excerpts, # 3 Exhibit 3 - Levatino Deposition Excerpts, # 4 Exhibit 4 - Levatino Expert Report, # 5 Exhibit 5 - Malloy Expert Report, # 6 Exhibit 6 - Malloy Deposition Excerpts) (Pitt, M.) (Entered: 11/07/2018)

ORDER signed by Magistrate Judge Regina S. Edwards on 11/9/18; denying 89 Motion to Compel cc: Counsel(DJT) (Entered: 11/09/2018)