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

3:18-cv-00224 | U.S. District Court for the Western District of Kentucky

Filed Date: April 10, 2018

Closed Date: Aug. 17, 2022

Clearinghouse coding complete

Case Summary

This is a case about abortion rights in Kentucky. On April 10, 2018, abortion providers filed this lawsuit in the U.S. District Court for the Western District of Kentucky. They sued Kentucky’s Attorney General, the interim secretary of the Cabinet for Health and Family Services, the Executive Director of the Kentucky Board of Medical Licensure, and the Attorney for the 30th Judicial Circuit of Kentucky under 42 U.S.C. § 1983. Represented by the ACLU of Kentucky and the ACLU, the abortion providers sought declaratory relief, injunctive relief, and attorney's fees and costs. They argued that the bill violated the right to due process and privacy under the Fourteenth Amendment. The case was assigned to Chief Judge Joseph H. McKinley, Jr.

The lawsuit challenged Kentucky's H.B. 454, which made it illegal for an abortion provider to perform a "Dilation and Evacuation" abortion, the main method for second-trimester abortions, unless they first induced "fetal demise." Due to the harms and limitations of inducing "fetal demise," and the particular capabilities of Kentucky abortion providers, the law in effect banned abortions throughout the state starting at 15 weeks of pregnancy.

On April 11, 2018, the plaintiffs moved for a temporary restraining order and preliminary injunction against the bill. At a hearing on this motion on April 12, 2018, the defendants agreed to a consent order under which they would not enforce H.B. 454 until the court ruled on preliminary relief. The court later issued an order on May 29, 2018 requiring the parties to keep following the consent order until trial.

On May 10, 2018, the Board of Medical Licensure moved to dismiss the case for lack of jurisdiction and failure to state a claim. On May 21, 2018, the Attorney General and the Executive Director of the Kentucky Board of Medical Licensure were voluntarily dismissed as defendants, on the condition that they would not enforce H.B. 454 against the plaintiffs until this case was resolved.

The court held a bench trial from November 13 to November 19, 2018. On March 13 of the following year, the court denied the motion for a temporary restraining order and preliminary injunction as moot and ordered the parties to keep following the 2018 consent order until the court ruled on the case.

On May 10, 2019, the court ruled for the plaintiff and granted a permanent injunction. The defendants had argued that H.B. 454 did not place an “undue burden” on people seeking abortions since it still allowed for D&E abortion after physicians induced “fetal demise.” The court rejected this argument and held that H.B. 454 placed an undue burden on abortion rights, in violation of the Fourteenth Amendment. Specifically, the court found that each of the three additional procedures proposed by defendants were unnecessary, invasive, and potentially harmful without adding any benefit to patients. 373 F. Supp. 3d 807.

Kentucky appealed the ruling to the U.S. Court of Appeals for the Sixth Circuit. Oral argument took place on January 29, 2020. Four months later, on June 2, the Sixth Circuit affirmed the district court’s decision in a 2-1 ruling. The court held that the burdens that H.B. 454 placed on abortion rights greatly outweighed the defendants’ asserted interests in respecting human life, avoiding fetal pain, and preserving the medical community's integrity and reputation. 960 F.3d 785.

Before the Sixth Circuit issued this judgment, Kentucky had elected a new governor. The official who had been litigating the case for the state--the secretary of the Cabinet for Health and Family Services--was replaced by a new appointee. The new secretary chose not to appeal the case or ask the entire Sixth Circuit to rehear it. On June 11, 2020, Kentucky's new Attorney General moved to intervene so that he could ask the entire Sixth Circuit to rehear the case, but the court denied the motion later that month, on June 24.

On October 30, 2020, Kentucky's Attorney General asked the Supreme Court to hear the case. The next year, on March 29, 2021, the Supreme Court agreed to hear only the intervention issue and not the merits of the case. On March 3, 2022, the Supreme Court ruled that the Attorney General was allowed to intervene, and sent the case back to the Sixth Circuit. 142 S. Ct. 1002.

On June 24, 2022, the Supreme Court handed down its decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and held that the Constitution does not guarantee a fundamental right to an abortion. A month later, on July 21, the Sixth Circuit vacated its decision in this case and sent it back to the district court to rule on how Dobbs had changed the case. 2022 WL 2866607.

When the case returned to the district court, it was reassigned to Judge Claria Horn Boom on July 21, 2022. However, Judge Boom recused herself a few days later, and the case was reassigned to Judge David J. Hale.

A month later, on August 15, in light of Dobbs, the plaintiffs moved to vacate the district court's earlier ruling and dismiss the case with prejudice, which the court did two days later. The case was closed on August 17, 2022.

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Summary Authors

Emma Mertens (2/9/2022)

Micah Pollens-Dempsey (4/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6495784/parties/emw-womens-surgical-center-psc-v-meier/

Judge(s)

Attorney for Plaintiff

Beck, Andrew D. (Kentucky)

Chiappetti, Caroline C. (Kentucky)

Cubbage, Amy D. (Kentucky)

Attorney for Defendant

Bilby, Lesley S. (Kentucky)

Buckner, La Tasha (Kentucky)

Judge(s)

Hale, David Jason (Kentucky)

Attorney for Plaintiff

Beck, Andrew D. (Kentucky)

Chiappetti, Caroline C. (Kentucky)

Cubbage, Amy D. (Kentucky)

Kolbi-Molinas, Alexa (Kentucky)

Watson, Elizabeth K. (Kentucky)

Attorney for Defendant

Bilby, Lesley S. (Kentucky)

Buckner, La Tasha (Kentucky)

Farris, Marc G. (Kentucky)

Herklotz, Johann F. (Kentucky)

James, Matthew D. (Kentucky)

Kuhn, Matthew F. (Kentucky)

Mayo, Steven T. (Kentucky)

Meredith, S. Chad (Kentucky)

Pitt, M. Stephen (Kentucky)

Wolsing, Jennifer M. (Kentucky)

York, Catherine E. (Kentucky)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:18-cv-00224	Complaint EMW Women's Surgical Center v. Beshear	April 10, 2018	April 10, 2018 Complaint
24 3:18-cv-00224	Joint Consent Order EMW Women's Surgical Center, P.S.C. v. Beshear	April 12, 2018	April 12, 2018 Order/Opinion
126 3:18-cv-00224	Memorandum Opinion EMW Women's Surgical Center P.S.C. v. Meier	May 8, 2019	May 8, 2019 Order/Opinion
139 3:18-cv-00224	Opinion EMW Women's Surgical Center P.S.C. v. Friedlander U. S. Court of Appeals for the Sixth Circuit	June 2, 2020	June 2, 2020 Order/Opinion
20-00601	Opinion of the Court Cameron v. EMW Women’s Surgical Center, P.S.C. Supreme Court of the United States	March 3, 2022	March 3, 2022 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
EMW Women's Surgical Center, P.S.C. v. Meier: Ban on Safe Abortion Procedure	In 2018, the ACLU and the ACLU of Kentucky filed suit on behalf of Kentucky abortion providers to challenge a state law banning physicians from providing a safe and medically proven abortion method c…	Oct. 6, 2021	Oct. 6, 2021 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6495784/emw-womens-surgical-center-psc-v-meier/

Last updated Aug. 30, 2023, 2:33 a.m.

ECF Number	Description	Date	Link Date / Link
1	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 View on PACER 2 Cover Sheet Addendum View on PACER 3 Exhibit A - HB 454 View on PACER	April 10, 2018	April 10, 2018 Clearinghouse
1	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 View on PACER 2 Cover Sheet Addendum View on PACER 3 Exhibit A - HB 454 View on PACER	April 10, 2018	April 10, 2018 Clearinghouse
2	Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C.. (DJT) (Entered: 04/11/2018)	April 10, 2018	April 10, 2018 PACER
2	Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C.. (DJT) (Entered: 04/11/2018)	April 10, 2018	April 10, 2018 PACER
3	Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. Magistrate Judge designation: Dave Whalin. (DJT) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
3	Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. Magistrate Judge designation: Dave Whalin. (DJT) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
4	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)	April 11, 2018	April 11, 2018 PACER
4	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)	April 11, 2018	April 11, 2018 PACER
5	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)	April 11, 2018	April 11, 2018 PACER
5	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)	April 11, 2018	April 11, 2018 PACER
6	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 View on RECAP 2 Exhibit Exhibit 1- Bergin Declaration View on RECAP 3 Exhibit Exhibit 2- Davis Declaration View on RECAP 4 Proposed Order Proposed Order View on RECAP	April 11, 2018	April 11, 2018 Clearinghouse
6	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 View on RECAP 2 Exhibit Exhibit 1- Bergin Declaration View on RECAP 3 Exhibit Exhibit 2- Davis Declaration View on RECAP 4 Proposed Order Proposed Order View on RECAP	April 11, 2018	April 11, 2018 Clearinghouse
7	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)	April 11, 2018	April 11, 2018 PACER
7	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)	April 11, 2018	April 11, 2018 PACER
8	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)	April 11, 2018	April 11, 2018 PACER
8	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)	April 11, 2018	April 11, 2018 PACER
9	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)	April 11, 2018	April 11, 2018 PACER
9	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)	April 11, 2018	April 11, 2018 PACER
10	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)	April 11, 2018	April 11, 2018 PACER
10	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)	April 11, 2018	April 11, 2018 PACER
11	NOTICE of Appearance by Matthew F. Kuhn on behalf of Scott Brinkman (Kuhn, Matthew) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
11	NOTICE of Appearance by Matthew F. Kuhn on behalf of Scott Brinkman (Kuhn, Matthew) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
12	NOTICE of Appearance by M. Stephen Pitt on behalf of Scott Brinkman (Pitt, M.) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
12	NOTICE of Appearance by M. Stephen Pitt on behalf of Scott Brinkman (Pitt, M.) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
13	NOTICE of Appearance by S. Chad Meredith on behalf of Scott Brinkman (Meredith, S.) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
13	NOTICE of Appearance by S. Chad Meredith on behalf of Scott Brinkman (Meredith, S.) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
	Motion for Preliminary Injunction	April 11, 2018	April 11, 2018 PACER
	Motion for Preliminary Injunction	April 11, 2018	April 11, 2018 PACER
	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)	April 11, 2018	April 11, 2018 PACER
	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)	April 11, 2018	April 11, 2018 PACER
14	NOTICE of Appearance by Lesley S. Bilby on behalf of Scott Brinkman (Bilby, Lesley) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
14	NOTICE of Appearance by Lesley S. Bilby on behalf of Scott Brinkman (Bilby, Lesley) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
15	NOTICE of Appearance by Steven T. Mayo on behalf of Michael S. Rodman (Mayo, Steven) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
15	NOTICE of Appearance by Steven T. Mayo on behalf of Michael S. Rodman (Mayo, Steven) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
16	NOTICE of Appearance by Marc G. Farris on behalf of Michael S. Rodman (Farris, Marc) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
16	NOTICE of Appearance by Marc G. Farris on behalf of Michael S. Rodman (Farris, Marc) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
17	NOTICE of Appearance by La Tasha Buckner on behalf of Andrew G. Beshear (Buckner, La Tasha) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
17	NOTICE of Appearance by La Tasha Buckner on behalf of Andrew G. Beshear (Buckner, La Tasha) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
18	NOTICE of Appearance by Matthew D. James on behalf of Andrew G. Beshear (James, Matthew) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
18	NOTICE of Appearance by Matthew D. James on behalf of Andrew G. Beshear (James, Matthew) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
19	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)	April 12, 2018	April 12, 2018 PACER
19	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)	April 12, 2018	April 12, 2018 PACER
20	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)	April 12, 2018	April 12, 2018 PACER
20	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)	April 12, 2018	April 12, 2018 PACER
21	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)	April 12, 2018	April 12, 2018 PACER
21	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)	April 12, 2018	April 12, 2018 PACER
22	Proposed Order by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Beck, Andrew) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
22	Proposed Order by Ashlee Bergin, EMW Women's Surgical Center, P.S.C., Tanya Franklin, MD. (Beck, Andrew) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
23	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)	April 12, 2018	April 12, 2018 PACER
23	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)	April 12, 2018	April 12, 2018 PACER
24	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)	April 12, 2018	April 12, 2018 Clearinghouse
24	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)	April 12, 2018	April 12, 2018 Clearinghouse
25	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)	April 16, 2018	April 16, 2018 PACER
25	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)	April 16, 2018	April 16, 2018 PACER
26	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)	April 18, 2018	April 18, 2018 PACER
26	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)	April 18, 2018	April 18, 2018 PACER
27	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)	April 18, 2018	April 18, 2018 PACER
27	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)	April 18, 2018	April 18, 2018 PACER
28	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)	April 18, 2018	April 18, 2018 PACER
28	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)	April 18, 2018	April 18, 2018 PACER
29	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)	April 23, 2018	April 23, 2018 PACER
29	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)	April 23, 2018	April 23, 2018 PACER
30	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)	April 23, 2018	April 23, 2018 PACER
30	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)	April 23, 2018	April 23, 2018 PACER
31	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)	April 23, 2018	April 23, 2018 PACER
31	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)	April 23, 2018	April 23, 2018 PACER
32	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)	April 25, 2018	April 25, 2018 PACER
32	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)	April 25, 2018	April 25, 2018 PACER
33	Joint MOTION for Hearing by Plaintiffs and Defendant Secretary Brinkman by Defendant Scott Brinkman (Attachments: # 1 Proposed Order) (Meredith, S.) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 PACER
33	Joint MOTION for Hearing by Plaintiffs and Defendant Secretary Brinkman by Defendant Scott Brinkman (Attachments: # 1 Proposed Order) (Meredith, S.) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 PACER
34	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)	April 30, 2018	April 30, 2018 PACER
34	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)	April 30, 2018	April 30, 2018 PACER
35	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)	May 1, 2018	May 1, 2018 PACER
35	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)	May 1, 2018	May 1, 2018 PACER
36	Proposed Agreed Order/Stipulation by Scott Brinkman. (Meredith, S.) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
36	Proposed Agreed Order/Stipulation by Scott Brinkman. (Meredith, S.) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
37	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)	May 2, 2018	May 2, 2018 PACER
37	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)	May 2, 2018	May 2, 2018 PACER
38	Proposed Agreed Order/Stipulation re 24 by Michael S. Rodman. (Mayo, Steven) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
38	Proposed Agreed Order/Stipulation re 24 by Michael S. Rodman. (Mayo, Steven) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
39	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)	May 4, 2018	May 4, 2018 PACER
39	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)	May 4, 2018	May 4, 2018 PACER
40	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)	May 4, 2018	May 4, 2018 PACER
40	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)	May 4, 2018	May 4, 2018 PACER
41	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)	May 8, 2018	May 8, 2018 PACER
41	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)	May 8, 2018	May 8, 2018 PACER
42	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)	May 8, 2018	May 8, 2018 PACER
42	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)	May 8, 2018	May 8, 2018 PACER
43	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)	May 8, 2018	May 8, 2018 PACER
43	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)	May 8, 2018	May 8, 2018 PACER
44	RESPONSE to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Michael S. Rodman. (Mayo, Steven) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
44	RESPONSE to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Michael S. Rodman. (Mayo, Steven) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
45	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)	May 10, 2018	May 10, 2018 PACER
45	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)	May 10, 2018	May 10, 2018 PACER
46	Proposed Agreed Order/Stipulation by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 PACER
46	Proposed Agreed Order/Stipulation by Andrew G. Beshear. (Buckner, La Tasha) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 PACER
47	Proposed Agreed Order/Stipulation by Michael S. Rodman. (Mayo, Steven) (Entered: 05/15/2018)	May 15, 2018	May 15, 2018 PACER
47	Proposed Agreed Order/Stipulation by Michael S. Rodman. (Mayo, Steven) (Entered: 05/15/2018)	May 15, 2018	May 15, 2018 PACER
48	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)	May 16, 2018	May 16, 2018 PACER
48	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)	May 16, 2018	May 16, 2018 PACER