Case: American Civil Liberties Union of Kansas and Western Missouri v. Praeger

2:11-cv-02462 | U.S. District Court for the District of Kansas

Filed Date: Aug. 16, 2011

Closed Date: Jan. 23, 2013

Clearinghouse coding complete

Case Summary

This is a case challenging a Kansas law that prohibited insurance companies from including coverage for abortion in their comprehensive plans. On August 16, 2011, the ACLU of Kansas and Western Missouri filed this lawsuit in the U.S. District Court for the District of Kansas under 42 U.S.C. § 1983 against the Kansas Insurance Commissioner. Represented by attorneys from the ACLU of Kansas and Western Missouri as well as the national ACLU's Reproductive Freedom Project, the ACLU sought declarator…

This is a case challenging a Kansas law that prohibited insurance companies from including coverage for abortion in their comprehensive plans.

On August 16, 2011, the ACLU of Kansas and Western Missouri filed this lawsuit in the U.S. District Court for the District of Kansas under 42 U.S.C. § 1983 against the Kansas Insurance Commissioner. Represented by attorneys from the ACLU of Kansas and Western Missouri as well as the national ACLU's Reproductive Freedom Project, the ACLU sought declaratory and injunctive relief and attorneys' fees. They claimed that the challenged statute violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The case was initially assigned to District Judge Wesley E. Brown and referred to Magistrate Judge Kenneth G. Gale.

In 2011, the Kansas legislature enacted a law, House Bill 2075, that prohibited insurance companies from including coverage for abortion in their comprehensive plans. The Act forbade insurance plans from covering abortions unless they were sought to prevent the death of the woman or to remove a dead fetus. This meant that abortions sought for any other personal reasons could not be covered unless an additional rider was paid for.

The ACLU alleged that the Act violated the Fourteenth Amendment right to Due Process, including the right to privacy and liberty. They also asserted a Fourteenth Amendment Equal Protection claim, arguing that the law discriminated against all women by prohibiting women from purchasing insurance that would cover all of their health care needs, while not imposing similar restrictions on health care services needed by men. 

The same day they filed their initial complaint, the ACLU moved for a preliminary injunction. They argued that when the law took effect and insurance policies were altered, many women would face an irreparable injury if their insurance plan no longer covered abortion. They further argued that the Act would impose a financial burden on many women who would be forced to purchase a separate insurance rider or pay additional costs to seek an abortion.

On September 19, 2011, Magistrate Judge Gale recommended that the ACLU's motion for preliminary injunction be denied, concluding  that the ACLU had not met their burden of showing that an irreparable injury would be suffered if the injunction was not granted. Although the ACLU had presented sworn declarations that offered support to the claim that irreparable harm would be suffered, Judge Gale found that the affidavits were lacking in foundation and inadequate to show irreparable injury, explaining that he was unable to determine how the information was collected, nor the basis for the conclusions made. 

The district court denied the ACLU's motion for a preliminary injunction ten days later, providing different reasoning from that in the magistrate's report and recommendation. Judge Brown denied the motion because the ACLU had argued that the Act was invalid because it was enacted for an unlawful purpose, not because it would have the effect of posing a substantial obstacle to seeking an abortion. The court reasoned that the plaintiff had failed to show that it was likely to succeed on the merits of an invalid purpose claim. 

On October 7, 2011, the ACLU filed an amended complaint, modifying its own party description to include Kansas women who would seek insurance policies on the exchange, but would be prohibited from obtaining any coverage for abortion because of the Act, and otherwise maintaining the substance of the initial complaint.

The defendant moved for partial judgment on November 9, 2011, requesting that the court dismiss the ACLU's Equal Protection claim for failure to state a claim. Noting that the ACLU had asserted that the law violated the Equal Protection Clause because it prohibited women from purchasing health insurance that covered all of their health care needs, but did not prohibit men from doing the same, the defendant argued that opposition to abortion is not sex-based and does not constitute gender discrimination under Supreme Court precedent and that the law furthered several legitimate state interests. 

On November 28, 2011, the ACLU filed a second amended complaint. The amended complaint removed from the plaintiff's party description "women who will seek to purchase insurance policies on the exchange but will be prohibited from obtaining any coverage for abortion because of the Act."

The case was reassigned to District Judge Carlos Muguia on February 1, 2012, but only two weeks later was again reassigned, this time to District Judge Julie A. Robinson.

Judge Robinson denied the defendant's November 9th motion for partial judgment on March 29, 2012, concluding that the appropriate level of scrutiny to apply was whether the Act's purpose or effect placed an undue burden on the right to abortion. The court found that the Act did impose such a burden, because some women would be forced to pay more in order to seek an abortion, while some may not even have the option to have the procedure covered by their insurance. 

On June 15, 2012, the ACLU moved for summary judgment, arguing that the Act was unconstitutional because its predominant purpose was to make abortions more difficult and none of the state interests asserted by the defendants as justification were valid. On July 6, 2012, the defendant also moved for summary judgment, arguing that the Act's predominant purpose was not to impede abortions and that it did not have an unconstitutional effect.

On January 7, 2013, the court denied the ACLU's motion for summary judgment and granted in part and denied in part the defendant's cross motion for summary judgment. The court found that the ACLU had failed to show that the law was enacted for the predominant purpose of impeding abortions. In support of their contention, the ACLU had put forward three arguments: (1) the law was enacted at the same time as other bills that restricted abortion, (2) the law didn't further any of the particular interests that the Supreme Court had sanctioned as permissible bases for regulating abortion, and (3) the law as written couldn't further any proper state interests and therefore it must be serving an improper purpose. Reasoning that there were state interests that a law regulating abortion could serve other than the ones specifically mentioned and that the ACLU had offered no evidence suggesting an unlawful motive, the court granted the defendant's cross motion for summary judgment on the question of whether the law's predominant purpose was to impose an undue burden on abortion rights. The court denied, however, the defendant's cross motion for summary judgment on whether the act had an unconstitutional effect and reserved the issue for trial. 917 F.Supp.2d 1179. 

Following the court's ruling on the motions for summary judgment, and without further explanation, the parties stipulated to dismissal of the action on January 18, 2013. On January 23, 2013, the court dismissed the case with prejudice. 

This case is now closed. 

Summary Authors

Rhea Sharma (11/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510102/parties/american-civil-liberties-union-of-kansas-and-western-missouri-v-praeger/


Judge(s)
Attorney for Plaintiff

Amiri, Brigitte (Kansas)

Beck, Andrew D. (Kansas)

Bonney, Stephen D. (Kansas)

Dalven, Jennifer (Kansas)

Attorney for Defendant

Chanay, Jeffrey A. (Kansas)

show all people

Documents in the Clearinghouse

Document
1

2:11-cv-02462

Complaint for Declaratory and Injunctive Relief

Aug. 16, 2011

Aug. 16, 2011

Complaint
33

2:11-cv-02462

Second Amended Complaint for Declaratory and Injunctive Relief

Nov. 28, 2011

Nov. 28, 2011

Complaint
70

2:11-cv-02462

Memorandum and Order

Jan. 7, 2013

Jan. 7, 2013

Order/Opinion

917 F.Supp.2d 917

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510102/american-civil-liberties-union-of-kansas-and-western-missouri-v-praeger/

Last updated Feb. 25, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons Issued) with trial location of Kansas City, filed by American Civil Liberties Union of Kansas and Western Missouri.(ta) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

Clearinghouse
2

CIVIL COVER SHEET re 1 Complaint by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (ta) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

RECAP
3

MOTION for Preliminary Injunction by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

RECAP
4

MEMORANDUM IN SUPPORT of 3 MOTION for Preliminary Injunction by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Declaration Dr. Eisenberg, # 2 Declaration Weatherford)(Bonney, Stephen) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
5

MOTION for attorney Brigitte Amiri, Andrew D. Beck, Jennifer Dalven to appear pro hac vice (Pro hac vice fee $150, Internet Payment Receipt Number 1083-2119605.) by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Affidavit Beck Pro Hac Affidavit, # 2 Affidavit Amiri Pro Hac Affidavit, # 3 Affidavit Dalven Pro Hac Affidavit, # 4 ECF Registration Form Beck ECF form, # 5 ECF Registration Form Amiri ECF form, # 6 ECF Registration Form Dalven ECF form)(Bonney, Stephen) (Entered: 08/16/2011)

1 Affidavit Beck Pro Hac Affidavit

View on PACER

2 Affidavit Amiri Pro Hac Affidavit

View on PACER

3 Affidavit Dalven Pro Hac Affidavit

View on PACER

4 ECF Registration Form Beck ECF form

View on PACER

5 ECF Registration Form Amiri ECF form

View on PACER

6 ECF Registration Form Dalven ECF form

View on PACER

Aug. 16, 2011

Aug. 16, 2011

RECAP
6

ORDER granting 5 Motion to Appear Pro Hac Vice. Attorneys Brigitte Amiri, Andrew D. Beck, and Jennifer Dalven are added as counsel for plaintiff American Civil Liberties Union of Kansas and Western 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 Kenneth G. Gale on 8/16/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
7

CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

RECAP
8

ORDER REFERRING MOTION: 3 MOTION for Preliminary Injunction filed by American Civil Liberties Union of Kansas and Western Missouri. The court concludes that the motion should be, and is hereby, referred to U.S. Magistrate Judge Kenneth G. Gale for preparation of a Report and Recommendation concerning disposition of the motion. This referral is made pursuant to 28 U.S.C. § 636(b)(1)(B), pursuant to which the Magistrate may conduct any hearings, including evidentiary hearings, as necessary to make a recommendation. IT IS SO ORDERED this 26th day of August, 2011, at Wichita, Ks. Signed by District Judge Wesley E. Brown. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(nt) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
9

ENTRY OF APPEARANCE by Todd N. Thompson on behalf of Sandy Praeger. (Thompson, Todd) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
10

NOTICE OF HEARING ON MOTION 3 MOTION for Preliminary Injunction: Plaintiffs Motion for Preliminary Injunction is set for hearing before Magistrate Judge Kenneth G. Gale on September 16, 2011 at 9:00 AM in Room 406, U.S. Courthouse, Wichita, Kansas. Defendant shall file its response to Plaintiffs memorandum no later than September 13, 2011. For good cause, the time to file written objections to the Magistrate Judges proposed findings and recommendations pursuant to 28 U.S.C. § 636 (b)(1)(C) is shortened from fourteen (14) days to seven (7) days. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(Gale, Kenneth) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
11

ENTRY OF APPEARANCE by Jeffrey A. Chanay on behalf of Sandy Praeger. (Chanay, Jeffrey) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
12

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Defendant Sandy Praeger. (Thompson, Todd) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
13

ORDER granting 12 Unopposed Motion for Extension of Time to Answer. Defendant has until ten (10) days after the Court's ruling on plaintiff's Motion for Preliminary Injunction to file her Answer or otherwise plead to plaintiff's Complaint for Declaratory and Injunctive Relief. Signed by Magistrate Judge Kenneth G. Gale on 9/6/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
14

RESPONSE by Defendant Sandy Praeger re 3 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit A)(Qualseth, Shon) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
15

Joint STIPULATION re 3 MOTION for Preliminary Injunction by Sandy Praeger. (Qualseth, Shon) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
16

MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: MOTION HEARING held on 9/16/2011 re 3 MOTION for Preliminary Injunction filed by American Civil Liberties Union of Kansas and Western Missouri. Report & Recommendation of ruling to follow. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
17

REPORT AND RECOMMENDATIONS re 3 MOTION for Preliminary Injunction filed by American Civil Liberties Union of Kansas and Western Missouri. Objections to R&R due by 9/26/2011. Signed by Magistrate Judge Kenneth G. Gale on 9/19/2011. (df) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

RECAP
18

OBJECTION to 17 Report and Recommendations by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
19

RESPONSE to 18 Objection to 17 Report and Recommendations by Defendant Sandy Praeger. (Qualseth, Shon) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
20

MEMORANDUM AND ORDER denying 3 Motion for Preliminary Injunction; adopting 17 Report and Recommendations. Plaintiff's Objection to the Report and Recommendation is denied as moot. The Court directs the Magistrate Judge to set an expedited schedule for discovery and the filing of dispositive motions. Signed by District Judge Wesley E. Brown on 9/29/2011. (alm) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

RECAP
21

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/12/2011 at 09:00 AM by telephone before Magistrate Judge Kenneth G. Gale. Report of Parties Planning Meeting deadline 10/10/2011. See attached Order for details including the phone number for participating on the scheduling conference. Signed by Magistrate Judge Kenneth G. Gale on 9/29/2011. (aw) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
22

AMENDED COMPLAINT against Sandy Praeger, filed by American Civil Liberties Union of Kansas and Western Missouri.(Bonney, Stephen) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
23

SCHEDULING ORDER: Discovery deadline 4/30/2012. Dispositive motion deadline 6/15/2012. Proposed Pretrial Order due by 5/8/2012. Final Pretrial Conference set for 5/15/2012 at 01:30 PM before Magistrate Judge Kenneth G. Gale. See attached Order for additional deadlines. Signed by Magistrate Judge Kenneth G. Gale on 10/12/2011. (aw) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
24

ANSWER to 22 Amended Complaint by Sandy Praeger.(Qualseth, Shon) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
25

CERTIFICATE OF SERVICE of Rule 26(a)(1) Disclosures and Documents by Sandy Praeger. (Qualseth, Shon) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
26

CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
27

PROTECTIVE ORDER. Signed by Magistrate Judge Kenneth G. Gale on 11/3/2011. (aw) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
28

MOTION to Amend Complaint re 22 Amended Complaint by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Exhibit Second Amended Complaint)(Bonney, Stephen) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
29

MOTION for Partial Judgment on the Pleadings by Defendant Sandy Praeger. (Qualseth, Shon) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
30

MEMORANDUM IN SUPPORT of 29 MOTION for Partial Judgment on the Pleadings by Defendant Sandy Praeger.(Qualseth, Shon) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
31

CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Plaintiff and Defendant's First Set of Interrogatories to Plaintiff by Sandy Praeger. (Qualseth, Shon) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
32

CERTIFICATE OF SERVICE of Plaintiff's Initial Discovery Requests by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
33

Second AMENDED COMPLAINT against Sandy Praeger, filed by American Civil Liberties Union of Kansas and Western Missouri.(Bonney, Stephen) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

Clearinghouse
34

RESPONSE by Plaintiff American Civil Liberties Union of Kansas and Western Missouri re 29 MOTION for Partial Judgment on the Pleadings. (Bonney, Stephen) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
35

ANSWER to 33 Second Amended Complaint for Declaratory and Injunctive Relief by Sandy Praeger.(Qualseth, Shon) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
36

REPLY to Response to Motion by Defendant Sandy Praeger re: 29 MOTION for Partial Judgment on the Pleadings. (Qualseth, Shon) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
37

CERTIFICATE OF SERVICE of Plaintiff's discovery responses by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
38

CERTIFICATE OF SERVICE of Defendant's Rule 26 Supplemental Disclosure by Sandy Praeger. (Qualseth, Shon) (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

PACER
39

CERTIFICATE OF SERVICE of Defendant's Answers to Plaintiff's First Set of Interrogatories and Defendant's Responses to Plaintiff's First Request for Production of Documents by Sandy Praeger. (Qualseth, Shon) (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

PACER
40

NOTICE by Plaintiff American Civil Liberties Union of Kansas and Western Missouri of taking deposition of Blue Cross & Blue Shield on 1/26/12. (Bonney, Stephen) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
41

NOTICE by Plaintiff American Civil Liberties Union of Kansas and Western Missouri of taking deposition of Coventry Health Care of Kansas on 1/27/12. (Bonney, Stephen) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
42

NOTICE by Plaintiff American Civil Liberties Union of Kansas and Western Missouri of taking deposition of UnitedHealthCare on 1/25/12. (Bonney, Stephen) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
43

CERTIFICATE OF SERVICE of Defendant's Supplemental Responses to Plaintiff's First Request for Production of Documents by Sandy Praeger. (Qualseth, Shon) (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
44

CERTIFICATE OF SERVICE of Supplemental Response to Defendant's Request for Production of Documents by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
45

Joint MOTION to Extend Deadline for Non-Expert Discovery and to Amend Scheduling Order by Defendant Sandy Praeger. (Qualseth, Shon) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
46

MINUTE ORDER REASSIGNING CASE. Case reassigned to District Judge Carlos Murguia for all further proceedings. District Judge Wesley E. Brown no longer assigned to case. Signed by deputy clerk on 2/1/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(lak) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
47

AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Kenneth G. Gale on 2/1/2012. (aw) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
48

REVISED SCHEDULING ORDER: Estimated trial time two days. Discovery deadline 4/30/2012. Dispositive motion deadline 6/15/2012. Proposed Pretrial Order due by 5/8/2012. Court Trial set for 1/7/2013 at 01:30 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Final Pretrial Conference set for 5/15/2012 at 01:30 PM before Magistrate Judge Kenneth G. Gale. Granting 45 Joint Motion to Extend Deadline for Non-Expert Discovery and Amend Scheduling Order. See attached Order for additional deadlines. Signed by Magistrate Judge Kenneth G. Gale on 2/3/2012. (aw) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
49

ORDER REASSIGNING CASE. At the direction of Chief Judge Vratil this case is reassigned to District Judge Julie A. Robinson for all further proceedings. District Judge Carlos Murguia no longer assigned to case. Signed by Chief Judge Kathryn H. Vratil on 2/16/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(lak) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

PACER
50

CERTIFICATE OF SERVICE of Plaintiff's Expert Report by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
51

CERTIFICATE OF SERVICE of Defendant's Rule 26(e) Supplemental Disclosures by Sandy Praeger. (Qualseth, Shon) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
52

CERTIFICATE OF SERVICE of Supplemental Disclosures by American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
53

MEMORANDUM AND ORDER denying 29 Defendant's Motion for Partial Judgment on the Pleadings. Signed by District Judge Julie A. Robinson on 3/29/2012. (pp) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

RECAP
54

PRETRIAL ORDER ENTERED. Estimated trial time two days. Dispositive motion deadline 6/15/2012 (see attached Order for briefing schedule). Court Trial set for 3/18/2013 at 09:00 AM before District Judge Julie A. Robinson. Signed by Magistrate Judge Kenneth G. Gale on 5/15/2012. (aw) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
55

ORDER AND NOTICE OF TRIAL SETTING AND DEADLINES FOR PRETRIAL SUBMISSIONS. Signed by District Judge Julie A. Robinson on 5/16/2012. (pp) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
56

NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Parties are notified that this proceeding will be recorded under the Cameras in Courts pilot unless one or more parties objects. To object to recording, complete the form provided at this link (http://www.ksd.uscourts.gov/cameras-in-courts/) and return it to ksd_robinson_chambers@ksd.uscourts.gov at least five days prior to the proceeding unless otherwise ordered by the judge. Court Trial set for 3/18/2013 at 09:00 AM in KC Courtroom (Unknown) before District Judge Julie A. Robinson. (pp) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
57

MOTION for Summary Judgment by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Bonney, Stephen) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
58

MEMORANDUM IN SUPPORT of 57 MOTION for Summary Judgment by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Exhibit Index, # 2 Declaration Dr. Eisenberg, # 3 Excerpts of Deposition Dr. Eisenberg, # 4 Exhibit Defendant's Answers to Interrogatories, # 5 Exhibit 2010 Ins. Premiums Chart, # 6 Excerpts of Deposition Bill Phillips, # 7 Excerpts of Deposition Randy Edwards)(Bonney, Stephen) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
59

SEALED MOTION for Leave to File Under Seal Confidential Exhibits in Support of Motion for Summary Judgment by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Proposed Sealed Document Confidential Statements of Facts, # 2 Proposed Sealed Document Confidential Declaration of Robino, # 3 Proposed Sealed Document Confidential Declaration of Bass, # 4 Proposed Sealed Document Confidential Excerpts from Edwards Deposition)(Bonney, Stephen) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
60

ORDER granting 59 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by District Judge Julie A. Robinson on 6/15/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
61

SEALED EXHIBITS IN SUPPORT of 57 MOTION for Summary Judgment by Plaintiff American Civil Liberties Union of Kansas and Western Missouri. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit I)(Bonney, Stephen) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
62

SEALED MOTION for Leave to File Under Seal Exhibits in Support of Defendant's Motion for Summary Judgment by Defendant Sandy Praeger. (Attachments: # 1 Proposed Sealed Document, # 2 Proposed Sealed Document, # 3 Proposed Sealed Document, # 4 Proposed Sealed Document, # 5 Proposed Sealed Document)(Qualseth, Shon) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
63

RESPONSE by Defendant Sandy Praeger re 57 MOTION for Summary Judgment. (Qualseth, Shon) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
64

ORDER granting 62 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by District Judge Julie A. Robinson on 7/6/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
65

MOTION for Summary Judgment by Defendant Sandy Praeger.(Qualseth, Shon) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
66

MEMORANDUM IN SUPPORT of 65 MOTION for Summary Judgment by Defendant Sandy Praeger. (Attachments: # 1 Exhibit A - Conference Committee Report, # 2 Exhibit B - Excerpt from Phillips Deposition, # 3 Exhibit C - Excerpts from Edwards Deposition, # 4 Exhibit I - Declaration of Carol Dixon, # 5 Exhibit J - Excerpts from Eisenberg Deposition, # 6 Exhibit K - Executive Order)(Qualseth, Shon) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
67

SEALED EXHIBITS IN SUPPORT of 65 MOTION for Summary Judgment by Defendant Sandy Praeger. (Attachments: # 1 Exhibit E - Confidential Excerpts of Edwards Deposition, # 2 Exhibit F - Confidential Excerpts of Phillips Deposition, # 3 Exhibit G - Confidential Declaration of Judy Bass, # 4 Exhibit H - Confidential Declaration of Steve Robino)(Qualseth, Shon) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
68

RESPONSE by Plaintiff American Civil Liberties Union of Kansas and Western Missouri re: 65 MOTION for Summary Judgment, and REPLY to Response to Motion re: 57 Motion for Summary Judgment. (Bonney, Stephen) (Modified on 8/1/2012 to reflect this is also a Reply. (mg)) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
69

REPLY to Response to Motion by Defendant Sandy Praeger re: 65 MOTION for Summary Judgment. (Qualseth, Shon) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
70

MEMORANDUM AND ORDER denying 57 Plaintiff's Motion for Summary Judgment; granting in part and denying in part 65 Defendant's Cross Motion for Summary Judgment. Defendant's cross motion for summary judgment on the question of whether the Act's predominant purpose was to impose an undue burden on abortion rights is granted. Defendant's cross motion for summary judgment on the question of whether the Act has the effect of imposing a substantial obstacle on a woman's right to an abortion will be denied. This issue remains to be decided at trial. Signed by District Judge Julie A. Robinson on 1/7/2013. (pp) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

Clearinghouse
71

STIPULATION OF DISMISSAL by Sandy Praeger. (Qualseth, Shon) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

RECAP
72

ORDER DISMISSING CASE with prejudice. Signed by District Judge Julie A. Robinson on 1/23/2013. (pp) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

RECAP

Case Details

State / Territory: Kansas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Aug. 16, 2011

Closing Date: Jan. 23, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Liberties Union of Kansas and Western Missouri

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Kansas, 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

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Reproductive rights:

Undue Burden

Abortion

Discrimination-area:

Insurance

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female