Case: Planned Parenthood of Kansas and Mid-Missouri v. Brownback

2:11-cv-02357 | U.S. District Court for the District of Kansas

Filed Date: June 27, 2011

Closed Date: May 9, 2014

Clearinghouse coding complete

Case Summary

This is a case challenging eligibility restrictions imposed by the State of Kansas on Title X subgrants distributed by the state.  Title X, a federal program focused on family planning for low income individuals, offered direct grants to eligible recipients and also provided state-administered subgrants. By signing an appropriations bill into law in May 2011, the Kansas governor implemented new, more restrictive eligibility requirements for Title X grant recipients in Kansas. The Kansas Departm…

This is a case challenging eligibility restrictions imposed by the State of Kansas on Title X subgrants distributed by the state. 

Title X, a federal program focused on family planning for low income individuals, offered direct grants to eligible recipients and also provided state-administered subgrants. By signing an appropriations bill into law in May 2011, the Kansas governor implemented new, more restrictive eligibility requirements for Title X grant recipients in Kansas. The Kansas Department of Health and Environment  (the Department) oversaw the distribution of Title X subgrants in its state, and the new restrictive eligibility requirements limited which organizations could secure funding through the Kansas subgrant program. Notably, the new eligibility requirements categorically excluded healthcare organizations providing specialized services—including Planned Parenthood of Kansas and Mid-Missouri—from receiving the subgrants. Planned Parenthood, a Title X subgrantee for over twenty years, brought this case in the District of Kansas on June 27, 2011 against the Governor of Kansas and the Department. Planned Parenthood sought declaratory and injunctive relief, as well as attorneys' fees under 42 U.S.C. § 1983. Represented by private firms and counsel from the Planned Parenthood Federation of America, the plaintiffs alleged that the new eligibility requirements violated the First and Fourteenth Amendments. 

Specifically, Planned Parenthood asserted that the new eligibility requirements imposed unconstitutional penalties on the organization for its association with abortion providers (no Planned Parenthood centers in Kansas offered abortion services at the time) and further alleged that the new eligibility requirements imposed state administrative requirements that exceeded and were inconsistent with federal Title X requirements in violation of the Supremacy Clause of the Constitution. The plaintiffs noted that various state politicians promoted the new eligibility requirements as an attempt to defund Planned Parenthood. Additionally, Planned Parenthood asserted that the new eligibility requirements imposed an unconstitutional burden on the right of women to choose an abortion in violation of the Fourteenth Amendment. In addition to seeking a permanent injunction, Planned Parenthood sought a temporary restraining order and preliminary injunction to prevent the new eligibility requirements from going into effect. 

Under the new eligibility requirements, only hospitals and “fully-qualified health centers” were eligible to receive subgrants from the state. In order to qualify as “fully-qualified health centers,” providers needed to provide a wide range of general health services, including general preventative dental care; vision screenings; and pediatric eye, ear, and dental screenings. This definition effectively excluded health-centers solely providing gynecological and family-planning services—including Planned Parenthood—from state-allocated Title X funding.  

Judge J. Thomas Marten granted Planned Parenthood’s preliminary injunction on August 1, 2022, rendering the request for a temporary restraining order moot. Accepting Planned Parenthood’s argument that the new eligibility requirements violated the Supremacy Clause and the right to association under the First Amendment, Judge Marten ordered the Department to allocate its Title X funding to Planned Parenthood without reliance on the new eligibility requirements. 799 F.Supp. 2d 1218. 

The governor and the Department promptly appealed the preliminary injunction to the Tenth Circuit on August 9, 2011, and at the district court, moved to stay the preliminary injunction pending appeal. Judge Marten denied the request for a stay on August 17, 2011.

Meanwhile, on August 18, 2011, the governor moved to dismiss the case against him for failure to state a claim. Planned Parenthood voluntarily dismissed their claims against the governor one month later, but retained their claims against the Department.

On September 30, 2011, another family planning health services provider and Title X subgrantee, Dodge City Family Planning Clinic (Dodge City), moved to intervene as a party alongside Planned Parenthood. Represented by the ACLU and the ACLU of Kansas and Western Missouri, Dodge City alleged that it was a Title X subgrantee for over thirty years, and that due to the new eligibility requirements, it would lose this funding as well as other grants contingent upon its subgrantee status. Dodge City also sought injunctive and declaratory relief, asserting the same constitutional claims as Planned Parenthood. 

Shortly thereafter, on October 11, 2011, the court granted Dodge City’s motion to intervene, and in an October 18, 2011, order, the court approved its request for a preliminary injunction. This injunction prohibited the Department from using the new eligibility requirements to deny funding to Dodge City. Three days later, the Department filed an interlocutory appeal to the Tenth Circuit, challenging the preliminary injunction granted to Dodge City.

With the interlocutory appeals pending before the Tenth Circuit, litigation continued in the district court. Both Planned Parenthood and Dodge City moved to extend the applicability of their injunctions. On June 29, 2012, within a week of each plaintiff's request, Judge Marten granted both motions. The Department then filed a third interlocutory appeal on July 9, 2012, challenging the extended preliminary injunctions. 

On February 12, 2013, the Tenth Circuit approved a stipulation to dismiss Dodge City from the case after Dodge City permanently closed on December 31, 2012. Planned Parenthood then filed a June 27, 2013, second amended complaint, retaining its initial claims and removing Dodge City as a party. 

While the interlocutory appeals continued, Judge Marten again extended the preliminary injunction on June 28, 2013, ordering the Department to allocate Title X funding for fiscal years 2014 and 2015 without reference to the new eligibility requirements. Again, the Department filed an interlocutory appeal with the Tenth Circuit. 

Tasked with three separate interlocutory appeals by the Department concerning the preliminary injunction of the new eligibility requirements, on September 9, 2013, the Tenth Circuit consolidated all three. Several months later, on April 17, 2014, the appellate court issued an opinion reversing the preliminary injunction and remanding the case to the district court with instructions requiring the court to find in favor of the Department. The Circuit Court reasoned that not all claims invoking the supremacy clause warrant preliminary injunctions; if four specific conditions exist, the court need not issue a preliminary injunction in cases claiming supremacy cause violations. These four conditions include when the statute at issue does not specifically authorize injunctive relief, when the statute does not create an individual right which may be enforceable under 42 U.S.C. § 1983, when the statute is enacted under the Constitution’s Spending Clause, and when the state action is not intending to impose sanctions on illegal conduct. The court further specified that Planned Parenthood could not show a likelihood of success on its additional claims, one of the requisite requirements of a preliminary injunction. 747 F.3d 814.

The court then granted the Department a partial bill of costs, requiring Planned Parenthood to pay $1,350 for docketing and court fees. After the unfavorable opinion from the Tenth Circuit, Planned Parenthood dismissed the case on May 9, 2014. The case is now closed. 

Summary Authors

Betsy Sheppard (10/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267753/parties/planned-parenthood-of-kansas-and-mid-missouri-v-brownback/


Judge(s)
Attorney for Plaintiff

Bonney, Stephen D. (Kansas)

Camp, Susan Talcott (Kansas)

Attorney for Defendant

Armstrong, James M. (Kansas)

Ayers, Gary L. (Kansas)

Chanay, Jeffrey A. (Kansas)

show all people

Documents in the Clearinghouse

Document
1

2:11-cv-02357

Complaint

June 27, 2011

June 27, 2011

Complaint
39

2:11-cv-02357

Memorandum and Order

Aug. 1, 2011

Aug. 1, 2011

Order/Opinion

799 F.Supp.2d 799

65-1

2:11-cv-02357

Intervenor Complaint of Dodge City Family Planning Clinic

Sept. 30, 2011

Sept. 30, 2011

Complaint
71

2:11-cv-02357

Memorandum and Order

Oct. 11, 2011

Oct. 11, 2011

Order/Opinion

2011 WL 2011

80

2:11-cv-02357

Memorandum and Order

Oct. 18, 2011

Oct. 18, 2011

Order/Opinion

2011 WL 2011

115

2:11-cv-02357

Second Amended Complaint

Planned Parenthood of Kansas and Mid-Missouri v. Moser

June 27, 2013

June 27, 2013

Complaint
125

2:11-cv-02357

11-03235

Judgment

Planned Parenthood of Kansas and Mid-Missouri v. Moser

U.S. Court of Appeals for the Tenth Circuit

March 25, 2014

March 25, 2014

Order/Opinion

747 F.3d 747

127

2:11-cv-02357

Order

Planned Parenthood of Kansas and Mid-Missouri v. Moser

U.S. Court of Appeals for the Tenth Circuit

April 30, 2014

April 30, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267753/planned-parenthood-of-kansas-and-mid-missouri-v-brownback/

Last updated March 16, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons Issued) with trial location of Kansas City, filed by Planned Parenthood of Kansas and Mid-Missouri.(ta) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

Clearinghouse
2

CIVIL COVER SHEET re 1 Complaint by Plaintiff Planned Parenthood of Kansas and Mid-Missouri. (ta) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
3

ENTRY OF APPEARANCE by Erin C. Thompson on behalf of Planned Parenthood of Kansas and Mid-Missouri (Thompson, Erin) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
4

MOTION for Preliminary Injunction by Plaintiff Planned Parenthood of Kansas and Mid-Missouri. (Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
5

MEMORANDUM IN SUPPORT of 4 MOTION for Preliminary Injunction by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Thompson, Erin) (Entered: 06/29/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

June 29, 2011

June 29, 2011

RECAP
6

MOTION for attorney Elissa J. Preheim to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2080273.) by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Affidavit)(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
7

ELECTRONIC FILING REGISTRATION FORM of Elissa J. Preheim re motion for leave to appear pro hac vice 6 by Plaintiff Planned Parenthood of Kansas and Mid-Missouri(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
8

MOTION for attorney Grace Pickering to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2080299.) by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Affidavit)(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
9

ELECTRONIC FILING REGISTRATION FORM of Grace Pickering re motion for leave to appear pro hac vice 8 by Plaintiff Planned Parenthood of Kansas and Mid-Missouri(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
10

MOTION for attorney Helene T. Krasnoff to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2080310.) by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Affidavit)(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
11

ELECTRONIC FILING REGISTRATION FORM of Helene T. Krasnoff re motion for leave to appear pro hac vice 10 by Plaintiff Planned Parenthood of Kansas and Mid-Missouri(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
12

MOTION for attorney Sarah E. Warlick to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2080321.) by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Affidavit)(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
13

ELECTRONIC FILING REGISTRATION FORM of Sarah E. Warlick re motion for leave to appear pro hac vice 12 by Plaintiff Planned Parenthood of Kansas and Mid-Missouri(Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
14

RETURN OF SERVICE of Gov. Sam Brownback filed by Defendant Sam Brownback, SUMMONS RETURNED EXECUTED -- Certified Mail by Planned Parenthood of Kansas and Mid-Missouri upon Sam Brownback served on 6/28/2011, answer due 7/19/2011 (Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
15

NOTICE OF HEARING on 4 MOTION for Preliminary Injunction: Motion hearing set for 7/8/11 at 9:00 AM in Courtroom 238 (JTM) before District Judge J. Thomas Marten. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
16

SUMMONS RETURNED EXECUTED -- Certified Mail by Planned Parenthood of Kansas and Mid-Missouri upon Robert Moser served on 6/28/2011, answer due 7/19/2011 (Thompson, Erin) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
17

EXHIBIT(S) IN SUPPORT of 4 MOTION for Preliminary Injunction by Plaintiff Planned Parenthood of Kansas and Mid-Missouri Additional Exhibits G - K (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K)(Petrotta, Deborah) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
18

MOTION for attorney Roger Evans to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2081502.) by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Affidavit of Roger Evans)(Thompson, Erin) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
19

MOTION to Continue Hearing Date by Defendants Sam Brownback, Robert Moser(Ayers, Gary) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
20

ENTRY OF APPEARANCE by James M. Armstrong on behalf of Sam Brownback, Robert Moser. (Armstrong, James) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
21

RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 19 MOTION to Continue Hearing Date (Petrotta, Deborah) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
22

MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: STATUS CONFERENCE by telephone held on 7/5/2011. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/06/2011)

July 5, 2011

July 5, 2011

PACER
23

ORDER granting 19 defendants' Motion to Continue Hearing Date. Entered by District Judge J. Thomas Marten on 7/6/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
24

NOTICE OF CANCELLED HEARING: The motion hearing set on Friday, July 8, 2011, at 9:00 a.m. is cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
25

NOTICE OF HEARING: Status conference set for 7/12/11 at 10:30 AM in Courtroom 238 before District Judge J. Thomas Marten. The purpose of the conference is to set the hearing on plaintiff's motion for preliminary injunction. The court will allow Sarah Warlick to appear by telephone. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
26

ORDER granting 6, 8, 10, 12, and 18 Motions to Appear Pro Hac Vice re Elissa J. Preheim, Grace Pickering, Helene T. Krasnoff, Sarah E. Warlick, and Roger K. Evans for Planned Parenthood of Kansas and Mid-Missouri. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge David J. Waxse on 7/11/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kao) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
27

MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: STATUS CONFERENCE held on 7/12/2011. Sarah Warlick appeared by telephone. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER
28

NOTICE OF HEARING on 4 plaintiff's MOTION for Preliminary Injunction: Motion hearing set for 8/1/11 at 9:00 AM in Courtroom 238 (JTM) before District Judge J. Thomas Marten. Defendants' response to plaintiff's motion for preliminary injunction is due July 22, 2011; plaintiff's reply is due July 27, 2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER
29

ENTRY OF APPEARANCE by Steve R. Fabert on behalf of Sam Brownback, Robert Moser. (Fabert, Steve) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
30

ENTRY OF APPEARANCE by Jeffrey A. Chanay on behalf of Sam Brownback, Robert Moser. (Chanay, Jeffrey) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
31

MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Sam Brownback, Robert Moser. (Armstrong, James) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
32

RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 31 MOTION for Extension of Time to File Answer re 1 Complaint. (Thompson, Erin) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
33

ORDER granting as unopposed 31 Defendants' Motion for Extension of Time to Answer or Otherwise Plead. In its 32 Response, Plaintiff states that it does not oppose Defendants' motion. Defendants Sam Brownback and Robert Moser are hereby granted an extension of time, up to and including 8/18/2011, in which to answer or otherwise plead to 1 Plaintiff's Complaint. Signed by Magistrate Judge David J. Waxse on 7/21/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
34

UNOPPOSED MOTION for Leave to File Excess Pages by Defendants Sam Brownback, Robert Moser. (Armstrong, James) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
35

MEMORANDUM IN OPPOSITION by Defendants Sam Brownback, Robert Moser re 4 MOTION for Preliminary Injunction (Attachments: # 1 Declaration of Kari Bruffett)(Armstrong, James) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
36

ORDER granting 34 defendants' Motion for Leave to File Excess Pages. Signed by District Judge J. Thomas Marten on 7/22/2011. (mss) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
37

REPLY to Response to Motion by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re: 4 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Thompson, Lee) (Entered: 07/27/2011)

July 27, 2011

July 27, 2011

PACER
38

MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: MOTION HEARING held on 8/1/2011 re 4 MOTION for Preliminary Injunction filed by Planned Parenthood of Kansas and Mid-Missouri. Order to follow. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
39

MEMORANDUM AND ORDER granting 4 plaintiff's Motion for Preliminary Injunction. Signed by District Judge J. Thomas Marten on 8/1/2011. (mss) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

Clearinghouse
40

TRANSCRIPT of Motion Hearing held August 1, 2011 before Judge J. Thomas Marten, Court Reporter Jana McKinney, 316-315-4314, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Jeffrey Chanay. <P>NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.</P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 11/7/2011. (jlh) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
41

NOTICE OF INTERLOCUTORY APPEAL as to 39 Order on Motion for Preliminary Injunction by Defendants Sam Brownback, Robert Moser Filing fee $ 455, Internet Payment Receipt Number 1083-2113655. (Armstrong, James) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
42

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 41 Notice of Interlocutory Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
43

MOTION for Stay re 39 Order on Motion for Preliminary Injunction by Defendants Sam Brownback, Robert Moser. (Armstrong, James) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
44

MEMORANDUM IN SUPPORT of 43 MOTION for Stay re 39 Order on Motion for Preliminary Injunction by Defendants Sam Brownback, Robert Moser. (Attachments: # 1 Declaration of Claudia Blackburn, # 2 Declaration of Kari Bruffett)(Armstrong, James) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
45

APPEAL DOCKETED in 10CCA on 8/9/11 and assigned Appeal No. 11-3235 re 41 Notice of Interlocutory Appeal filed by Robert Moser, Sam Brownback. (kao) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
46

(OPPOSITION) RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 43 MOTION for Stay re 39 Order on Motion for Preliminary Injunction (Thompson, Erin) Modified on 8/17/2011 (yh). (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
47

MOTION to Expedite Briefing Scheduling by Plaintiff Planned Parenthood of Kansas and Mid-Missouri(Thompson, Erin) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
48

MEMORANDUM AND ORDER denying 43 defendants' Motion to Stay; and denying 47 plaintiff's Motion to Expedite Briefing Schedule. Signed by District Judge J. Thomas Marten on 8/17/2011. (mss) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

RECAP
49

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Sam Brownback(Armstrong, James) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
50

MEMORANDUM IN SUPPORT of 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Sam Brownback(Armstrong, James) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
51

ANSWER to 1 Complaint by Robert Moser.(Armstrong, James) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
52

MOTION to Clarify by Defendants Sam Brownback, Robert Moser(Armstrong, James) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
53

RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 52 MOTION to Clarify (Attachments: # 1 Exhibit A)(Thompson, Erin) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
54

TRANSCRIPT ORDER FORM: Transcript Already on File filed by Sam Brownback, Robert Moser re 41 Notice of Interlocutory Appeal (Armstrong, James) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
55

REPLY to Response to Motion by Defendants Sam Brownback, Robert Moser re: 52 MOTION to Clarify (Attachments: # 1 Exhibit Attachment 1)(Ayers, Gary) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
56

LETTER TO 10CCA stating record is complete re 41 Notice of Interlocutory Appeal. (Appeal No. 11-3235) (kao) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
57

SUPPLEMENTAL RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 52 MOTION to Clarify. (Thompson, Erin) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
58

MEMORANDUM AND ORDER denying 52 defendants' Motion to Clarify. Signed by District Judge J. Thomas Marten on 8/30/2011. (mss) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

RECAP
59

MOTION for Extension of Time to File Response as to 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Planned Parenthood of Kansas and Mid-Missouri. (Thompson, Erin) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
60

ORDER granting 59 Plaintiff's MOTION for Extension of Time to File Response as to 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response deadline 9/29/2011. Reply deadline 10/13/2011. Signed by District Judge J. Thomas Marten on 9/7/2011. (jlw) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
61

STIPULATION OF DISMISSAL OF DEFENDANT BROWNBACK by Planned Parenthood of Kansas and Mid-Missouri. (Thompson, Lee) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
62

ORDER OF DISMISSAL OF DEFENDANT BROWNBACK re 61 Stipulation of Dismissal filed by Planned Parenthood of Kansas and Mid-Missouri. Signed by District Judge J. Thomas Marten on 9/27/2011. (mss) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

PACER
63

ORDER finding as moot 49 Motion to Dismiss defendant Brownback for Failure to State a Claim. Entered by District Judge J. Thomas Marten on 9/30/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
64

ENTRY OF APPEARANCE by Stephen D. Bonney on behalf of Dodge City Family Planning Clinic, Inc.. (Bonney, Stephen) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
65

MOTION to Intervene on Expedited Basis by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Motion for TRO/PI, # 3 Exhibit Memo of Law re Mot. for TRO/PI)(Bonney, Stephen) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
66

MEMORANDUM IN SUPPORT of 65 MOTION to Intervene on Expedited Basis by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc. (Attachments: # 1 Declaration Declaration of Karla Demuth)(Bonney, Stephen) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
67

ORDER re 65 MOTION to Intervene on Expedited Basis filed by Dodge City Family Planning Clinic, Inc.: For good cause shown, the court hereby directs expedited briefing on the Motion to Intervene. Any response to the motion shall be filed no later than October 10, 2011. Entered by District Judge J. Thomas Marten on 10/6/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mss) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
68

MOTION for attorney Susan Talcott Camp and Alexa Kolbi-Molinas to appear pro hac vice ( Pro hac vice fee $100, Internet Payment Receipt Number 1083-2166070.) by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc. (Attachments: # 1 Affidavit Talcott Camp, # 2 Affidavit Alexa Kolbi-Molinas, # 3 ECF Registration Form Talcott Camp, # 4 ECF Registration Form Alexa Kolbi-Molinas)(Bonney, Stephen) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
69

RESPONSE by Plaintiff Planned Parenthood of Kansas and Mid-Missouri re 65 MOTION to Intervene on Expedited Basis (Thompson, Erin) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
70

RESPONSE by Defendant Robert Moser re 65 MOTION to Intervene on Expedited Basis (Armstrong, James) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
71

MEMORANDUM AND ORDER granting 65 Motion to Intervene. Signed by District Judge J. Thomas Marten on 10/11/2011. (jlw) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

Clearinghouse
72

INTERVENOR COMPLAINT (No Summons Issued) with trial location of Kansas City filed by Dodge City Family Planning Clinic, Inc. (ck) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
73

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction (Response deadline 10/25/2011) by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc.(ck) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
74

MEMORANDUM IN SUPPORT of 73 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc.(ck) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
75

DECLARATION of Karla M. Demuth, MSN, ARNP FNP-BC by Dodge City Family Planning Clinic, Inc. re 74 Memorandum in Support of 73 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Intervenor Plaintiff. (ck) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
76

ORDER granting 68 Motion to Appear Pro Hac Vice of Susan Talcott Camp and Alexa Kolbi-Molinas for Dodge City Family Planning Clinic, Inc. Signed by Magistrate Judge David J. Waxse on 10/12/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ck) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
77

RESPONSE by Defendant Robert Moser re 73 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ayers, Gary) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
78

NOTICE OF HEARING ON MOTION 73 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction: Motion Hearing set for 10/18/2011 at 03:00 PM in Courtroom 238 before District Judge J. Thomas Marten. (alm) (Additional attachment(s) added on 10/14/2011: # 1 Corrected Main Document) (alm). (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
79

DOCKET ANNOTATION: PLEASE DISREGARD the initial pleaing attached to Docket Entry 78, Notice of Hearing on Motion, as it incorrectly stated "Monday" rather than "Tuesday." A corrected pleading has now been attached and is also available with this Notice. PLEASE NOTE: The hearing is scheduled to take place on Tuesday, October 18, 2011 at 3:00 p.m. (alm) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
80

MEMORANDUM AND ORDER finding 73 Intervenor Dodge City Family Planning Clinic, Inc's Motion for TRO as moot; and granting 73 Motion for Preliminary Injunction. Signed by District Judge J. Thomas Marten on 10/18/2011. (jlw) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

Clearinghouse
81

MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: MOTION HEARING held on 10/18/2011 re 73 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Dodge City Family Planning Clinic, Inc. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) (Entered: 10/19/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
82

NOTICE OF INTERLOCUTORY APPEAL as to 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Defendant Robert Moser Filing fee $ 455, Internet Payment Receipt Number 1083-2178234. (Armstrong, James) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
83

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 82 Notice of Interlocutory Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
84

APPEAL DOCKETED in 10CCA on 10/21/11 and assigned Appeal No. 11-3310 re 82 Notice of Interlocutory Appeal filed by Robert Moser. (kao) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
85

TRANSCRIPT of Other Hearing held October 18, 2011 before Judge J. Thomas Marten, Court Reporter Jana McKinney, 316-315-4314, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Armstrong. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/24/2012. (jlh) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
86

TRANSCRIPT ORDER FORM: Transcript Already on File filed by Robert Moser re 82 Notice of Interlocutory Appeal (Armstrong, James) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
87

EXHIBIT(S) IN SUPPORT of 77 Response to Motion - Exhibit C Admitted at Hearing on October 18, 2011 by Defendant Robert Moser(Armstrong, James) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
88

LETTER TO 10CCA stating record is complete re 82 Notice of Appeal. ( Appeal No. 11-3310) (kao) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
89

CLERKS ORDER EXTENDING TIME until 11/15/2011 for Defendant Robert Moser to answer or otherwise plead. Signed by deputy clerk on 10/31/2011. (ta) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
90

ANSWER to 72 Complaint of Dodge City Family Planning Clinic, Inc. by Robert Moser.(Armstrong, James) (Entered: 11/11/2011)

Nov. 11, 2011

Nov. 11, 2011

PACER
91

MOTION to Amend Complaint re 1 Complaint by Plaintiff Planned Parenthood of Kansas and Mid-Missouri (Attachments: # 1 Proposed Amended Complaint)(Thompson, Erin) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
92

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Grace Pickering as to Planned Parenthood of Kansas and Mid-Missouri (Thompson, Erin) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
93

Unopposed MOTION to Amend Complaint re 72 Complaint by Intervenor Plaintiff Dodge City Family Planning Clinic, Inc. (Attachments: # 1 Proposed Amended Complaint)(Bonney, Stephen) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
94

NOTICE of Hearing: Status Conference set for 6/19/12 at 9:30 AM with District Judge J. Thomas Marten. Mr. Thompson and Mr. Ayers will appear in person; Mr. Bonney will appear by telephone. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
95

ORDER granting 91 Plaintiff Planned Parenthood of Kansas and Mid-Missouri's Unopposed Motion to Amend Complaint; granting 93 Intervenor Plaintiff Dodge City Family Planning Clinic, Inc.'s Unopposed Motion to Amend Complaint. Plaintiff and Intervenor Plaintiff are granted ten days from the date of this order to file their Amended Complaint. Signed by Magistrate Judge David J. Waxse on 6/18/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aam) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
96

MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: STATUS CONFERENCE held on 6/19/2012. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
97

AMENDED COMPLAINT against Robert Moser, filed by Dodge City Family Planning Clinic, Inc..(Bonney, Stephen) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
98

AMENDED COMPLAINT against Robert Moser, filed by Planned Parenthood of Kansas and Mid-Missouri.(Thompson, Lee) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
99

ANSWER to 98 Amended Complaint of Planned Parenthood of Kansas and Mid-Missouri by Robert Moser.(Armstrong, James) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
100

ANSWER to 97 Amended Complaint of Dodge City Family Planning Clinic by Robert Moser.(Armstrong, James) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Medicaid Litigation

Key Dates

Filing Date: June 27, 2011

Closing Date: May 9, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two nonprofit family planning service organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kansas Governor, State

Kansas Department of Health and Environment, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Public assistance grants

Reproductive rights:

Abortion

Contraception

Undue Burden