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 provid…

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. 595 U.S. 267.

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.

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)

Bhandari, Esha (Kentucky)

Burrows, Meagan M. (Kentucky)

Attorney for Defendant

Bilby, Lesley S. (Kentucky)

Buckner, La Tasha (Kentucky)

show all people

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

373 F.Supp.3d 373

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

960 F.3d 960

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

595 U.S. 595

Resources

Docket

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

Last updated Feb. 25, 2024, 3:10 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
49

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

May 16, 2018

May 16, 2018

PACER
50

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)

May 21, 2018

May 21, 2018

PACER
51

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)

May 21, 2018

May 21, 2018

RECAP
52

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)

May 21, 2018

May 21, 2018

PACER
53

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)

May 22, 2018

May 22, 2018

PACER
54

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)

May 22, 2018

May 22, 2018

PACER
55

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)

May 24, 2018

May 24, 2018

PACER
56

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)

May 29, 2018

May 29, 2018

PACER
57

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

June 8, 2018

June 8, 2018

PACER
58

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)

June 13, 2018

June 13, 2018

PACER
59

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)

July 30, 2018

July 30, 2018

PACER
60

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)

Aug. 30, 2018

Aug. 30, 2018

PACER
61

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)

Sept. 12, 2018

Sept. 12, 2018

PACER
62

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)

Sept. 17, 2018

Sept. 17, 2018

PACER
63

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)

Sept. 20, 2018

Sept. 20, 2018

PACER
64

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)

Oct. 2, 2018

Oct. 2, 2018

PACER
65

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)

Oct. 9, 2018

Oct. 9, 2018

PACER
66

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)

Oct. 15, 2018

Oct. 15, 2018

PACER
67

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

Oct. 19, 2018

Oct. 19, 2018

PACER
68

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)

Oct. 25, 2018

Oct. 25, 2018

PACER
69

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)

Oct. 26, 2018

Oct. 26, 2018

PACER
70

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)

Oct. 26, 2018

Oct. 26, 2018

PACER
71

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)

Oct. 26, 2018

Oct. 26, 2018

PACER
72

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

Oct. 26, 2018

Oct. 26, 2018

PACER
73

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)

Oct. 26, 2018

Oct. 26, 2018

PACER
74

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)

Oct. 29, 2018

Oct. 29, 2018

PACER
75

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)

Oct. 29, 2018

Oct. 29, 2018

PACER
76

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

Oct. 30, 2018

Oct. 30, 2018

PACER
77

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)

Oct. 31, 2018

Oct. 31, 2018

PACER
78

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)

Oct. 31, 2018

Oct. 31, 2018

PACER
79

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)

Oct. 31, 2018

Oct. 31, 2018

PACER
80

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

Oct. 31, 2018

Oct. 31, 2018

PACER
81

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
82

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
83

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
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 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)

Nov. 2, 2018

Nov. 2, 2018

PACER
85

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
86

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)

Nov. 3, 2018

Nov. 3, 2018

PACER
87

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)

Nov. 5, 2018

Nov. 5, 2018

PACER
88

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)

Nov. 5, 2018

Nov. 5, 2018

PACER
89

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)

Nov. 5, 2018

Nov. 5, 2018

PACER
90

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)

Nov. 5, 2018

Nov. 5, 2018

PACER
91

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)

Nov. 6, 2018

Nov. 6, 2018

PACER
92

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
93

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
94

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
95

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
96

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
97

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
98

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

Nov. 9, 2018

Nov. 9, 2018

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: April 10, 2018

Closing Date: Aug. 17, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Abortion providers in Kentucky

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 2018 - 2022

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

State Statute Struck Down

Issues

Reproductive rights:

Criminalization

Method-based abortion procedures

Undue Burden

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

Abortion

Medical/Mental Health:

Medical care, general