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Case: Stuart v. Huff

1:11-cv-00804 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 29, 2011

Clearinghouse coding complete

Case Summary

This case has to do with the “Woman’s Right to Know Act” (the Act), which was enacted on July 28, 2011 after the legislature overrode a veto by the Governor of North Carolina. This case was brought by the ACLU, Planned Parenthood, Center for Reproductive Rights, and A Woman’s Choice of Raleigh, Inc., on behalf of various physicians, licensed to practice medicine in the State of North Carolina and other various clinics providing reproductive health care services in North Carolina. The case was b…

This case has to do with the “Woman’s Right to Know Act” (the Act), which was enacted on July 28, 2011 after the legislature overrode a veto by the Governor of North Carolina. This case was brought by the ACLU, Planned Parenthood, Center for Reproductive Rights, and A Woman’s Choice of Raleigh, Inc., on behalf of various physicians, licensed to practice medicine in the State of North Carolina and other various clinics providing reproductive health care services in North Carolina. The case was brought against the President of the North Carolina Medical Board, the Attorney General of North Carolina, the Secretary of the North Carolina Department of Health and Human Services, and the District Attorney’s for various Prosecutorial Districts in North Carolina. 

The relevant parts of the Act added two requirements to North Carolina law; the first required physicians to provide state-mandated information about abortion at least 24 hours in advance of the procedure and the second required physicians to perform an ultrasound at least four hours prior to the abortion and provide state-mandated, ideological information using images, sounds, and words, even against the woman’s wishes. These parts of the Act are known as the Act’s “Informed Consent to Abortion” requirement and the Act’s “Display of Real-Time View” requirement, respectfully. Plaintiffs argued that the Act violated a woman’s rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution. Plaintiffs filed their complaint on September 29, 2011 and sought declaratory and injunctive relief in the United States District Court for the Middle District of North Carolina. 

On October 25, 2011, a preliminary injunction was granted in part and denied in part. Judge Catherine C. Eagles concluded that the Act's “Display of Real-Time View” requirement was likely in violation of the First Amendment to the U.S. Constitution and that the Plaintiffs had established they were entitled to a preliminary injunction as to the enforcement of that section. The Court decided to not preliminarily enjoin the enforcement of the other provisions of the Act.

Plaintiffs filed a Motion for Clarification and on December 19, 2011 an amended opinion and order was signed by Judge Eagles, clarifying the decision. 834 F.Supp.2d 424.

Plaintiffs filed a Second Amended Complaint on March 12, 2012, narrowing their claims. Their First Amendment, due process, and vagueness claims remained. Both parties moved for summary judgment.

The Court issued a permanent injunction and judgment on January 17, 2014. As to the First Amendment claim, regarding the speech-and-display provision, the Court agreed with Plaintiffs and awarded summary judgment. The Court reasoned that the “one-size-fits-all speech-and-display provision” violated Plaintiffs’ First Amendment rights. The provision was deemed overbroad, not directly advancing the state’s interests in reducing psychological harm to women, and not directly increasing informed and voluntary consent. The Court concluded that it was an attempt to compel providers to deliver state messages in favor of childbirth and against abortion. The Court denied both parties’ motions as to the due process claims, determining them as moot following its determination on the First Amendment issue. The Court also concluded that the Act is not void as vague and awarded summary judgment to the Defendants on that issue. 992 F.Supp.2d 585.

On February 17, 2014 the Defendants appealed the decision and on December 22, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed the District Court's decision. 

The Plaintiffs, as the prevailing party, filed a motion for attorneys' fees and expenses and were granted reasonable attorneys' fees and expenses on January 25, 2016 in the amount of $1,027,090. 

Summary Authors

Nina Leeds (9/30/2022)

Documents in the Clearinghouse

Document
1

1:11-cv-00804

Complaint for Injunctive and Declaratory Relief

Sept. 29, 2011

Sept. 29, 2011

Complaint
39

1:11-cv-00804

Memorandum Opinion and Order

Oct. 25, 2011

Oct. 25, 2011

Order/Opinion
66

1:11-cv-00804

Amended Memorandum Opinion and Order

Dec. 19, 2011

Dec. 19, 2011

Order/Opinion
75

1:11-cv-00804

Second Amended Complaint and for Injunctive and Declaratory Relief

March 8, 2012

March 8, 2012

Complaint
163

1:11-cv-00804

Memorandum Opinion and Order

Stuart v. Loomis

Jan. 17, 2014

Jan. 17, 2014

Order/Opinion
170

14-01150

Opinion

Stuart v. Camnitz

U. S. Court of Appeals for the Fourth Circuit

Dec. 22, 2014

Dec. 22, 2014

Order/Opinion
181

1:11-cv-00804

Memorandum Opinion and Order

Stuart v. Walker-McGill

Jan. 25, 2016

Jan. 25, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4929115/stuart-v-huff/

Last updated Sept. 18, 2022, 11:55 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants, ( Filing fee $ 350 receipt number 0418-992768), filed by DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (Attachments: # 1 Exhibit 1) (PARKER, KATHERINE) (Entered: 09/29/2011)

1 Exhibit 1

View on PACER

Sept. 29, 2011

Sept. 29, 2011

Clearinghouse
2

CIVIL COVER SHEET. (PARKER, KATHERINE) Modified on 9/29/2011 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
3

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff A WOMAN'S CHOICE OF RALEIGH, INC. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
4

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff DECKER & WATSON, INC. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
5

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
6

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff PLANNED PARENTHOOD HEALTH SYSTEMS, INC. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
7

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff TAKEY CRIST, M.D., P.A. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
8

MOTION for Temporary Restraining Order and Preliminary Injunction by DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. Responses due by 10/31/2011. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
9

BRIEF re 8 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (Attachments: # 1 Exhibit 1) (PARKER, KATHERINE) Modified on 9/29/2011 to remove duplicate text. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
10

DECLARATION of Dr. Anne Drapkin Lyerly re 8 MOTION for Temporary Restraining Order and Preliminary Injunction, 9 Brief, filed by Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 to remove duplicate text. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
11

DECLARATION of Dr. Gretchen S. Stuart re 8 MOTION for Temporary Restraining Order and Preliminary Injunction, 9 Brief, filed by Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 to remove duplicate text. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
12

DECLARATION of Dr. James R. Dingfelder re 8 MOTION for Temporary Restraining Order and Preliminary Injunction, 9 Brief, filed by Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 to remove duplicate text. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
13

DECLARATION of Dr. Nada Stotland re 8 MOTION for Temporary Restraining Order and Preliminary Injunction, 9 Brief, filed by Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 to remove duplicate text. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
14

NOTICE of Appearance by attorney KATHERINE LEWIS PARKER on behalf of Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
15

*** DOCUMENT FILED IN ERROR *** NOTICE of Special Appearance of Andrew D. Beck by attorney KATHERINE LEWIS PARKER on behalf of Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 - Document does not contain ink signature of out-of-state counsel. Document will be refiled. Public access has been terminated. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
16

*** DOCUMENT FILED IN ERROR *** NOTICE of Special Appearance of Bebe J. Anderson by attorney KATHERINE LEWIS PARKER on behalf of Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 - Document does not contain ink signature of out-of-state counsel. Document will be refiled. Public access has been terminated. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
17

*** DOCUMENT FILED IN ERROR *** NOTICE of Special Appearance of Helene T. Krasnoff by attorney KATHERINE LEWIS PARKER on behalf of Plaintiffs DAVID A. GRIMES, M.D.; PLANNED PARENTHOOD HEALTH SYSTEMS, INC.; JAMES R. DINGFELDER, M.D.; GRETCHEN S. STUART, M.D.; PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA; AMY BRYANT, M.D.; TAKEY CRIST, M.D.; A WOMAN'S CHOICE OF RALEIGH, INC.; SERINA FLOYD, M.D.; TAKEY CRIST, M.D., P.A., d/b/a CRIST CLINIC FOR WOMEN; DECKER & WATSON, INC. d/b/a PIEDMONT CAROLINA MEDICAL CLINIC. (PARKER, KATHERINE) Modified on 9/29/2011 - Document does not contain ink signature of out-of-state counsel. Document will be refiled. Public access has been terminated. (Lloyd, Donna) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER

Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Lloyd, Donna)

Sept. 29, 2011

Sept. 29, 2011

PACER
18

Summons Issued as to JANICE E. HUFF, M.D., ROY COOPER, LANIER M. CANSLER, JIM WOODALL, TRACEY E. CLINE, DOUG HENDERSON, BILLY WEST, C. COLON WILLOUGHBY, JR., BENJAMIN R. DAVID, JIM O'NEILL, ERNIE LEE. (Attachments: # 1 Additional Summons - Cooper, # 2 Additional Summons - Cansler, # 3 Additional Summons - Woodall, # 4 Additional Summons - Cline, # 5 Additional Summons - Henderson, # 6 Additional Summons - West, # 7 Additional Summons - Willoughby, # 8 Additional Summons - David, # 9 Additional Summons - O'Neill, # 10 Additional Summons - Lee) (Sheets, Jamie) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
19

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
20

NOTICE of Hearing: Motion Hearing set for 10/17/2011 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Defendant's Briefs due 10/12/11 no later than 5:00 p.m. and Plaintiff's Response Briefs due 10/14/11 no later than noon.(Sanders, Marlene) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
21

NOTICE by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, DECKER & WATSON, INC., DAVID A. GRIMES, MD, GRETCHEN S. STUART, MD Notice of Special Appearance of Bebe J. Anderson (PARKER, KATHERINE) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
22

NOTICE by PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA Notice of Special Appearance of Helene T. Krasnoff (PARKER, KATHERINE) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
23

NOTICE by TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), JAMES R. DINGFELDER, MD, SERINA FLOYD, MD Notice of Special Appearance of Andrew D. Beck (PARKER, KATHERINE) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (Sheets, Jamie)

Oct. 3, 2011

Oct. 3, 2011

PACER
24

NOTICE by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD re 20 Notice of Hearing, Certificate of Service of Notice of Hearing (Doc. 20) (PARKER, KATHERINE) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER

NOTICE to Plaintiff's counsel, Kaherine Lewis Parker, after notification of hearing and court deadlines are made to defense counsel a certificate of service should be filed with the clerk via CM/ECF. (Sanders, Marlene)

Oct. 4, 2011

Oct. 4, 2011

PACER

Telephone Notice on 10/4/2011 to Plaintiff's counsel, Katherine Lewis Parker regarding her responsibility to make defense counsel aware that defendant's briefs due 10/12/11 no later than 5:00 p.m. and plaintiff's response briefs due 10/14/11 no later than noon and the Hearing on Motion for Temporary Restraining Order and Preliminary Injunction is set for 10/17/2011 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

Oct. 4, 2011

Oct. 4, 2011

PACER
25

NOTICE by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD Notice of Certificate of Service of Case Documents (PARKER, KATHERINE) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
26

NOTICE by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD Amended Notice of Certificate of Service of Case Documents (PARKER, KATHERINE) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
27

AFFIDAVIT OF SERVICE as to TRACEY E. CLINE served on 10/4/2011, answer due 10/25/2011; BENJAMIN R. DAVID served on 10/4/2011, answer due 10/25/2011; DOUG HENDERSON served on 10/4/2011, answer due 10/25/2011; ERNIE LEE served on 10/4/2011, answer due 10/25/2011; JIM O'NEILL served on 10/4/2011, answer due 10/25/2011; BILLY WEST served on 10/4/2011, answer due 10/25/2011; C. COLON WILLOUGHBY, JR served on 10/4/2011, answer due 10/25/2011; JIM WOODALL served on 10/4/2011, answer due 10/25/2011. (PARKER, KATHERINE) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
28

AFFIDAVIT OF SERVICE by Process Server as to LANIER M. CANSLER served on 10/3/2011, answer due 10/24/2011; ROY COOPER served on 10/3/2011, answer due 10/24/2011; JANICE E. HUFF, M.D. served on 10/3/2011, answer due 10/24/2011. (PARKER, KATHERINE) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
29

RESPONSE in Opposition re 8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. Replies due by 10/31/2011. (ZIKO, THOMAS) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
30

NOTICE of Appearance by attorney THOMAS J. ZIKO on behalf of Defendants LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL (ZIKO, THOMAS) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
32

**DOCUMENT FILED IN ERROR**NOTICE of Appearance by attorney I. Faison Hicks on behalf of Defendants LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL (ZIKO, THOMAS) Modified on 10/13/2011 toreflect correct counsel (Lapira, Sharon). Modified on 10/14/2011 see pldg. 37 (Wilson, JoAnne). (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
33

NOTICE of Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendants LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL (BRENNAN, STEPHANIE) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
34

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL (ZIKO, THOMAS) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
35

CERTIFICATE OF SERVICE by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL re 29 Response in Opposition to Motion, (ZIKO, THOMAS) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
36

REPLY, filed by Plaintiffs A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD, TAKEY CRIST, MD, DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD, to Response to 8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. (PARKER, KATHERINE) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
37

AMENDED NOTICE of Appearance by attorney ISHAM FAISON HICKS on behalf of Defendants LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL (Wilson, JoAnne) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
38

Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Preliminary Injunction Hearing held on 10/17/2011. Katherine Lewis Parker and Bebe Anderson present as attorneys for plaintiffs. Faison Hicks and Stephanie Brennan present as attorneys for defendants. Court heard arguments from counsel. Counsel for plaintiff advised to submit proposed orders to court for review by 10/19/11 and counsel for defendant advised to submit proposed orders to court for review by 10/20/11. Counsel for all parties to set aside 12/6/11 and 12/7/11 for evidentiary hearing on the matter if necessary. (Court Reporter Joe Armstrong.) (Sanders, Marlene) Modified on 11/10/2011 to remove document number 38 since this is only a minute entry. (Powell, Gloria) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
40

PRELIMINARY INJUNCTION signed by JUDGE CATHERINE C. EAGLES on 10/25/2011. Plaintiffs' Motion for a Preliminary Injunction (Doc.[ 8]) is GRANTED IN PART and DENIED IN PART, as set forth in the Memorandum Opinion and Order issued concomitantly herewith; that pending trial on the merits or further order of this Court, the Defendants are hereby ENJOINED and prohibited as set out; and that this Preliminary Injunction does not prohibit the enforcement of or affect in any way the remainder of the Woman's Right to Know Act. (Lapira, Sharon) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

Clearinghouse
39

MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 10/25/2011, that the Plaintiffs' Motion for a Preliminary Injunction (Doc. 8 ) is GRANTED IN PART and DENIED IN PART, as set forth in this Memorandum Opinion. IT IS FURTHER ORDERED that the Defendants' and their agents and successors in office are hereby ENJOINED from enforcing - by civil action, criminal proceeding, administrative action or proceeding, or any other way - the Act's section entitled Display of real-time view requirement (to be codified as N.C. Gen. Stat. § 90-21.85) in its entirety, as more specifically set forth in the Preliminary Injunction issued concomitantly herewith. (Lapira, Sharon) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

Clearinghouse
41

SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 10/25/2011, The Defendants shall file an Answer in this case no later than November 9; the matter set for review on 12/5/2011 as further set out. (Lapira, Sharon) Modified on 10/25/2011 to add additional text(Lapira, Sharon). (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER

Set/Reset Deadlines/Hearings: All Defendants. Answer due by 11/9/2011. (Lapira, Sharon)

Oct. 25, 2011

Oct. 25, 2011

PACER
42

MOTION for Clarification 39 Memorandum & Opinion, Order by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. Responses due by 11/21/2011 (PARKER, KATHERINE) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
43

Transcript of Proceedings held on 10/17/2011, before Judge Catherine C. Eagles. Court Reporter J. Armstrong, Telephone number 336-332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court reporter or through PACER. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.<P> Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/29/2012. (Armstrong, Joe) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
44

MOTION to Intervene by John Thorp. Responses due by 12/2/2011 (MEDLIN, WILLIAM) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
45

MEMORANDUM filed by Interpleader-Defendant John Thorp re 44 MOTION to Intervene filed by John Thorp. (Attachments: # 1 ***STRICKEN*** - Affidavit John Thorp, M.D., # 2 ***STRICKEN*** - Affidavit Gregory Brannon, M.D., # 3***STRICKEN*** - Affidavit Martin McCaffrey, M.D., # 4 Affidavit Chimere Collins, # 5 Affidavit Danelle Hallenbeck, # 6 Affidavit Tracie Johnson, # 7 Affidavit Lanita Wilks, # 8 Affidavit Deborah Woods, # 9 Affidavit Erin Forsythe)(MEDLIN, WILLIAM) Modified on 1/17/2014 to mark certain affidavits as stricken per MEMORANDUM OPINION AND ORDER, pleading 162, (Sheets, Jamie) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
46

Proposed Answer Supplemental Memorandum re 45 Memorandum, by Interpleader-Defendant John Thorp. (MEDLIN, WILLIAM) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
47

NOTICE of Appearance by attorney WILLIAM ERIC MEDLIN on behalf of Interpleader-Defendant John Thorp (MEDLIN, WILLIAM) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
48

NOTICE of Appearance by attorney WILLIAM ERIC MEDLIN on behalf of Interpleader-Defendant John Thorp (MEDLIN, WILLIAM) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
49

Corporate Disclosure Statement by John Thorp. (MEDLIN, WILLIAM) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
50

Motion to Dismiss and ANSWER to 1 Complaint with Jury Demand by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (BRENNAN, STEPHANIE) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
51

MOTION to Modify 40 Preliminary Injunction,, by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. Responses due by 12/5/2011 (PARKER, KATHERINE) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER

Motions Submitted: 44 MOTION to Intervene to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)

Nov. 10, 2011

Nov. 10, 2011

PACER
52

ECF 30 Day Notice as to SAMUEL B. CASEY. (Law, Trina) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
54

Motion Hearing set for 12/5/2011 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
55

ORDER signed by JUDGE CATHERINE C. EAGLES on 11/23/11, that the Defendants are allowed until November 30 to resolve this problem, either by filing a separate motion and brief in support no later than November 30, by filing an Amended Answer withdrawing the Motion to Dismiss and asserting lack of standing as a defense, or by taking other appropriate action in compliance with the Local Rules. (Law, Trina) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
56

ANSWER to 1 Complaint, with Jury Demand by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (BRENNAN, STEPHANIE) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
57

AMENDED COMPLAINT against All Defendants, filed by PLANNED PARENTHOOD HEALTH SYSTEMS, INC., JAMES R. DINGFELDER, MD, AMY BRYANT, MD, GRETCHEN S. STUART, MD, A WOMAN'S CHOICE OF RALEIGH, INC., DAVID A. GRIMES, MD, DECKER & WATSON, INC., TAKEY CRIST, MD(P.A.), SERINA FLOYD, MD, TAKEY CRIST, MD (on behalf of himself and his patients seeking abortions), PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(PARKER, KATHERINE) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
58

RESPONSE in Opposition re 44 MOTION to Intervene filed by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. Replies due by 12/19/2011. (PARKER, KATHERINE) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
59

DECLARATION of GRETCHEN S. STUART re 44 MOTION to Intervene filed by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. (PARKER, KATHERINE) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
60

DECLARATION of LORRAINE CUMMINGS re 44 MOTION to Intervene filed by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. (PARKER, KATHERINE) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
61

DECLARATION of SARA NAFF-MLO re 44 MOTION to Intervene filed by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. (PARKER, KATHERINE) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER

Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motion Hearing held on 12/5/2011 re 51 MOTION to Modify 42 MOTION for Clarification. Kathleen Parker attorney for ACLU and Faison Hicks NCDOJ present. Parties to submit proposed order regarding Motion to Modify to Court by 12/12/11. Motions taken under advisement. (Court Reporter Jane Calhoun.)

Dec. 5, 2011

Dec. 5, 2011

PACER

CASE REFERRED regarding 57 Amended Complaint to MAGISTRATE L. PATRICK AULD. (Sanders, Marlene)

Dec. 8, 2011

Dec. 8, 2011

PACER
62

Defendants' ANSWER to Amended Complaint of Plaintiffs by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (BRENNAN, STEPHANIE) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
63

REPLY, filed by Interpleader-Defendant JOHN THORP, to Response to 44 MOTION to Intervene filed by JOHN THORP. (Attachments: # 1 Exhibit Wood Supplemental Declaration)(MEDLIN, WILLIAM) (Attachment 1 replaced on 12/22/2011) (Powell, Gloria). (Entered: 12/18/2011)

Dec. 18, 2011

Dec. 18, 2011

PACER
64

[Proposed] ANSWER to Amended Complaint by JOHN THORP. (MEDLIN, WILLIAM) (Entered: 12/18/2011)

Dec. 18, 2011

Dec. 18, 2011

PACER
65

ORDER MODIFYING MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/19/2011, that the Motion to Modify (Doc. 51 ) is DENIED and the Motion to Clarify (Doc. 42 ) is GRANTED. The Court will issue an Amended Opinion this date. (Lloyd, Donna) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
66

AMENDED MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/19/2011, that the Plaintiffs' Motion for a Preliminary Injunction (Doc. 8 ) is GRANTED IN PART and DENIED IN PART, as set forth in this Memorandum Opinion. FURTHER, that the Defendants and their agents and successors in office are hereby ENJOINED from enforcing—by civil action, criminal proceeding, administrative action or proceeding, or any other way—the Act's section entitled "Display of real-time view requirement" (to be codified as N.C. Gen. Stat. § 90-21.85) in its entirety, as more specifically set forth in the Preliminary Injunction issued concomitantly herewith. (Lloyd, Donna) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

Clearinghouse

Text Order by MAG/JUDGE L. PATRICK AULD on 12/20/2011 - Plaintiff's Amended Complaint is allowed pursuant to Federal Rule of Civil Procedure 15(a)(1)(B).(Boden, Barbara)

Dec. 20, 2011

Dec. 20, 2011

PACER
67

MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/22/11, that movants' Motion to Intervene (Doc. 44 ) is DENIED. (Law, Trina) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

Clearinghouse

NOTICE of Docket Text/Event Modification on 12/22/2011: At request of Attorney Medlin, counsel for Intervenor-Defendant, with agreement of Plaintiffs, Exhibit A to 63 has been replaced to prevent identification of certain individuals listed.(Powell, Gloria)

Dec. 22, 2011

Dec. 22, 2011

PACER

ORDER denying 44 Motion to Intervene. Signed by JUDGE CATHERINE C. EAGLES on 12/22/11. (Law, Trina)

Dec. 22, 2011

Dec. 22, 2011

PACER
68

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/27/2012 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
69

NOTICE OF APPEAL as to 67 Memorandum & Opinion, Order by JOHN THORP. Filing fee $ 455, receipt number 0418-1042444. Appeal Record due by 2/13/2012. (MEDLIN, WILLIAM) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
70

Electronic Transmission of Notice of Appeal to US Court of Appeals re 69 Notice of Appeal. (Law, Trina) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
71

NOTICE of Docketing Appeal from USCA re: 69 Notice of Appeal. USCA Case Mgr. Donna Lett. USCA Case Number 12-1052. (Daniel, J) (Entered: 01/25/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
72

Rule 26(f) Report (Joint) filed by all parties by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), BENJAMIN R. DAVID, DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD, JOHN THORP, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL.(PARKER, KATHERINE) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER

Motions Referred: 72 Rule 26(f) Report (Joint) filed by all parties to MAG/JUDGE L. PATRICK AULD- (Garrett, Kim)

Feb. 22, 2012

Feb. 22, 2012

PACER
73

ORDER signed by MAG/JUDGE L. PATRICK AULD on 2/27/2012 approving 72 Joint Rule 26(f) Report with the following clarification: pursuant to M.D.N.C. LR83.9b(d), [a]ny party, or parties jointly, may file a motion for exemption from mediation... [which] motion will be granted only on a showing of good cause. Case-Management Track: Complex. Completion for all discovery is 8/27/2012. The parties should be allowed until 3/9/2012 to request leave to join additional parties or amend pleadings. The parties do not believe that this case is appropriate for referral to a Magistrate Judge. Trial is expected to take approximately one week. A jury trial has been demanded by the Defendants. (Daniel, J) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER

Set Scheduling Order Deadlines. Discovery due by 8/27/2012. The parties request for leave to join additional parties or amend pleadings due by 3/9/2012. (Daniel, J)

Feb. 27, 2012

Feb. 27, 2012

PACER

MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 4/2/2012. Mediation due by 8/27/2012. (Gammon, Cheryl)

March 7, 2012

March 7, 2012

PACER
74

STIPULATION to File Second Amended Complaint by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), BENJAMIN R. DAVID, DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (PARKER, KATHERINE) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
75

Second AMENDED COMPLAINT against defendant All Defendants, filed by PLANNED PARENTHOOD HEALTH SYSTEMS, INC., JAMES R. DINGFELDER, MD, AMY BRYANT, MD, GRETCHEN S. STUART, MD, A WOMAN'S CHOICE OF RALEIGH, INC., DAVID A. GRIMES, MD, DECKER & WATSON, INC., TAKEY CRIST, MD(P.A.), SERINA FLOYD, MD, TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA. (Attachments: # 1 Exhibit 1)(PARKER, KATHERINE) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

Clearinghouse
76

MOTION to File Second Amended Complaint by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD. Responses due by 4/2/2012 (Attachments: # 1 Exhibit A - Second Amended Complaint)(PARKER, KATHERINE) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER

Motions Referred: 76 MOTION to File Second Amended Complaint to MAGISTRATE JUDGE L. PATRICK AULD. (Sanders, Marlene)

March 12, 2012

March 12, 2012

PACER
77

MOTION/STIPULATION for Extension of Time to File Initial Disclosures by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (BRENNAN, STEPHANIE) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
78

Joint MOTION to Exempt Case from Mediation by A WOMAN'S CHOICE OF RALEIGH, INC., AMY BRYANT, MD, LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, TAKEY CRIST, MD(P.A.), TAKEY CRIST, MD(on behalf of himself and his patients seeking abortions), BENJAMIN R. DAVID, DECKER & WATSON, INC., JAMES R. DINGFELDER, MD, SERINA FLOYD, MD, DAVID A. GRIMES, MD, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, PLANNED PARENTHOOD HEALTH SYSTEMS, INC., PLANNED PARENTHOOD OF CENTRAL NORTH CAROLINA, GRETCHEN S. STUART, MD, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. Responses due by 4/9/2012 (PARKER, KATHERINE) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER

Motions Referred: 77 MOTION for Extension of Time to File Initial Disclosures to MAGISTRATE JUDGE L. PATRICK AULD. (Sanders, Marlene)

March 15, 2012

March 15, 2012

PACER

Motions Referred: 78 Joint MOTION to Exempt Case from Mediation to MAGISTRATE JUDGE L. PATRICK AULD. (Sanders, Marlene)

March 16, 2012

March 16, 2012

PACER
79

ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/22/2012, that Plaintiffs' Motion for Leave (Docket Entry 76 ) is GRANTED and Plaintiffs' Second Amended Complaint for Injunctive and Declaratory Relief is deemed filed as of March 8, 2012 (Docket Entry 75 ). (Daniel, J) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
80

ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/22/2012, that the parties' request to extend the deadline for initial disclosures (Docket Entry 77 ) is GRANTED and that the deadline for initial disclosures as set forth in the parties' Joint Rule 26(f) Report, which was approved by Court Order dated February 27, 2012, is extended by one week. The parties may serve their initial disclosures on or before March 23, 2012. (Daniel, J) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
81

ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/22/2012, that the parties' Joint Motion (Docket Entry 78 ) is GRANTED and the case is exempt from mediation. (Daniel, J) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
82

MOTION for Extension of Time to File Answer to Second Amended Complaint by LANIER M. CANSLER, TRACEY E. CLINE, ROY COOPER, BENJAMIN R. DAVID, DOUG HENDERSON, JANICE E. HUFF, M.D., ERNIE LEE, JIM O'NEILL, BILLY WEST, C. COLON WILLOUGHBY, JR, JIM WOODALL. (BRENNAN, STEPHANIE) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER

Motions Referred: 82 MOTION for Extension of Time to File Answer to Second Amended Complaint to MAGISTRATE JUDGE L. PATRICK AULD. (Sanders, Marlene)

March 23, 2012

March 23, 2012

PACER

CASE EXEMPT from Mediation pursuant to 81 Order (Gammon, Cheryl)

March 23, 2012

March 23, 2012

PACER
83

ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/27/2012, that Defendants' Motion for Extension (Docket Entry 82 ) is GRANTED and that Defendants may answer or otherwise respond to Plaintiffs' Second Amended Complaint on or before March 29, 2012. Answer due by 3/29/2012. (Daniel, J) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: Sept. 29, 2011

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Various physicians, licensed to practice medicine in the State of North Carolina, Planned Parenthood of Central North Carolina, A Woman’s Choice of Raleigh, Inc., Planned Parenthood Health Systems, Inc., and other various clinics providing reproductive health care services in North Carolina.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Huff, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $1,027,090

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Mandatory delay

Method-based abortion procedures

General:

Abortion