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

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a Kentucky bill which effectively banned abortions for all women in Kentucky at or after 15 weeks of pregnancy. On April 10, 2018, abortion providers filed this lawsuit in the U.S. District Court for the Western District of Kentucky. The healthcare providers 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…

This is a case about a Kentucky bill which effectively banned abortions for all women in Kentucky at or after 15 weeks of pregnancy. On April 10, 2018, abortion providers filed this lawsuit in the U.S. District Court for the Western District of Kentucky. The healthcare providers 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 injunctive relief. They claimed that the bill violated their Fourteenth Amendment right to due process and privacy. The case was assigned to Chief Judge Joseph H. McKinley, Jr.

On April 11, 2018, EMW Women’s Surgical Center filed a motion for a temporary restraining order/preliminary injunction, alleging that because of the “emergency” enactment of H.B. 454, women were currently being irreparably harmed and that the plaintiffs were substantially likely to win on the merits based on Sixth Circuit and Supreme Court precedent. At a hearing on this motion on April 12, 2018, the parties agreed to the entry of a consent order suspending enforcement of the H.B. 454 until the court ruled on the plaintiffs’ motion for preliminary injunctive relief. The court later issued an order on May 29, 2018 requiring the parties to continue abiding by the terms of the consent order until the trial on the merits.

On May 10, 2018, the Board of Medical Licensure filed a motion to dismiss for lack of jurisdiction and failure to state a claim. Additionally, six days later, the defendant filed an answer with a jury demand. On May 21, 2018, the Attorney General and the Executive Director of the Kentucky Board of Medical Licensure were voluntarily dismissed as defendants. They were dismissed on the condition that neither of their offices would bring any enforcement action arising from H.B. 454 until the resolution of this case. 

On November 13, 2018, the court held a bench trial, which concluded on November 19, 2018. After the trial, on March 13, 2019 the court denied the TRO/PI as moot and ordered that the parties would continue to abide by the April 12, 2018 consent order while the court considered the merits of the case.

On May 10, 2019 the court entered judgment for the plaintiff. H.B. 454 had sought to ban pre-viability “Dilation & Evacuation” abortions — the principle second-trimester abortion method used nationally. The defendants had argued that this did not place an “undue burden” on people seeking abortions since H.B. 454 still allowed for D&E abortion after physicians induced “fetal demise.” The court rejected this argument and held that H.B. 454 imposed an undue burden on one’s right to elect an abortion prior to viability, 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. The court granted a permanent injunction against the law.

In light of the trial court’s ruling, on May 15, 2019, the Secretary of the Department of Health and Family Services filed a notice of appeal with the U.S. Court of Appeals for the Sixth Circuit. Oral argument took place on January 29, 2019. The Sixth Circuit issued its judgment and opinion on June 2, 2020, affirming the district court’s decision. The three-judge panel, consisting of Judges Merritt, Clay, and Bush, considered whether H.B. 454 placed an undue burden on a person seeking an abortion and found that the defendants’ asserted interests in respecting the dignity of human life, preventing fetal pain, and protecting the ethics, integrity, and reputation of the medical community were “vastly outweighed” by the burdens imposed. 373 F. Supp. 3d 807.

The defendants sought a cert grant in the U.S. Supreme Court on October 30, 2020, and on March 29, 2021, the Supreme Court granted their cert petition. The case is ongoing.  

 

 

Summary Authors

Emma Mertens (2/9/2022)

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
126

3:18-cv-00224

Memorandum Opinion

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

373 F.Supp.3d 807

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

960 F.3d 785

June 2, 2020

June 2, 2020

Order/Opinion

Resources

Docket

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

Last updated Aug. 9, 2022, 3:05 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

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2 Cover Sheet Addendum

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3 Exhibit A - HB 454

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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

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2 Cover Sheet Addendum

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3 Exhibit A - HB 454

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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

Motion for Preliminary Injunction

April 11, 2018

April 11, 2018

PACER

Motion for Preliminary Injunction

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
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

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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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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

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
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
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

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

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
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

Case Details

State / Territory: Kentucky

Case Type(s):

Reproductive Issues

Reproductive Issues

Key Dates

Filing Date: April 10, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Abortion Provider

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth's Attorney, State

Attorney General, State

Secretary, State

Executive Director, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Issues

General:

Abortion

Medical/Mental Health:

Medical care, general

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