Case: Planned Parenthood Southwest Ohio Region v. Hodges

1:15-cv-00568 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 1, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

Two individual healthcare providers, represented by attorneys at the ACLU, Planned Parenthood, and Gerhardstein & Branch, brought this § 1983 suit in September 2015 in the U.S. District Court for the Southern District of Ohio to challenge new state regulations that imposed restrictions on abortion clinics. Plaintiffs in this case were the last two health clinics in southwest Ohio offering abortion procedures: Planned Parenthood of Southwest Ohio (PPSWO) and Women’s Medical Group Professional Co…

Two individual healthcare providers, represented by attorneys at the ACLU, Planned Parenthood, and Gerhardstein & Branch, brought this § 1983 suit in September 2015 in the U.S. District Court for the Southern District of Ohio to challenge new state regulations that imposed restrictions on abortion clinics. Plaintiffs in this case were the last two health clinics in southwest Ohio offering abortion procedures: Planned Parenthood of Southwest Ohio (PPSWO) and Women’s Medical Group Professional Corporation (WMGPC). The healthcare providers alleged that the combination of existing and soon-to-be implemented Ohio state law violated their Fourteenth Amendment rights to substantive and due process as well as Equal Protection. They also alleged a violation of the Ohio constitution's single-issue provision. The healthcare providers sued the Ohio Department of Health, the University of Cincinnati Medical Center (UCMC), and UC Health seeking declaratory and injunctive relief to prevent enforcement of the challenged Ohio laws and reinstate PPSWO's contract with defendant UCMC. The case was assigned to Judge Michael Barrett on September 1, 2015.

Ohio law requires that all surgical abortions must be performed in ambulatory surgical facilities that maintain a written transfer agreement (WTA) with a local hospital. In 2013, Ohio tightened these restrictions further with H.B. 59. This bill would prevent abortion providers, like plaintiffs, from obtaining the necessary WTA from public hospitals. It would also institute difficult requirements for abortion centers that seek a variance of the WTA requirement. In 2015, Ohio passed H.B. 64, which added an automatic suspension provision. The automatic suspension provision would automatically suspend any abortion provider's license if the Ohio Department of Health fails to act on a variance application within 60 days. The automatic suspension provision would have taken effect on September 29, 2015 and would have put plaintiffs at risk of being forced to shut down nearly immediately with no opportunity for a hearing.

17 days after the suit was initiated, and one day before H.B. 64 went into effect, the Ohio Department of Health denied PPSWO's variance request. It also proposed to revoke their ambulatory surgical facility license. However, the parties agreed that PPSWO's license would not be automatically suspended when the bill took effect since they occurred before H.B. 64's effective date. Two days later, the court granted PPSWO's motion for temporary restraining order enjoining the Department of Health from enforcing H.B. 64 and its automatic suspension provision. The TRO was set to expire on two weeks later on October 13, on which date the court converted the TRO into a preliminary injunction. 138 F. Supp. 3d 948.

Plaintiffs filed an amended complaint to provide additional factual support for their claims and clarify their requested relief on September 29, 2015. But on September 21, 2016 the court dismissed the claims again UCMC and UC Health. Plaintiffs filed their third amended complaint, now limited to the Department of Health, on October 7.

On May 17, 2017, the Department of Health filed a motion to stay discovery pending the Ohio Supreme Court’s decision in Capital Care Network of Toledo v. State of Ohio Department of Health. In that case, the Supreme Court would answer whether the Ohio Department of Health was within its rights to revoke an abortion clinic's license because the clinic lacked a WTA. On June 20, the court vacated the December 1 trial date, but did not suspend discovery.

On October 29, 2019, WMGPC moved for a TRO as PPSWO had earlier in litigation. At the time, WMGPC's application for variance was still pending and subject to default denial under H.B. 64. However, this motion was mooted when the Department of Health granted WMGPC's ASF license on November 12.

As a result of the ongoing discovery disputes, the Court repeatedly delayed the case schedule. These disputes include motions to compel depositions (2018 U.S. Dist. LEXIS 245325) and production (2019 U.S. Dist. LEXIS 54915).

This case is on-going as of March 1, 2022. A new trial date has yet to be set.

Summary Authors

Jordan Katz (3/1/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4526831/parties/planned-parenthood-southwest-ohio-region-v-hodges/

Documents in the Clearinghouse

Document
1

1:15-cv-00568

Complaint

Complaint for Declaratory and Injunctive Relief

Sept. 1, 2015

Sept. 1, 2015

Complaint
22

1:15-cv-00568

Agreed Order

Sept. 28, 2015

Sept. 28, 2015

Order/Opinion
25

1:15-cv-00568

Order on Motion for TRO

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion
28

1:15-cv-00568

Order on Motion for Preliminary Injunction

138 F.Supp.3d 948

Oct. 13, 2015

Oct. 13, 2015

Order/Opinion
57

1:15-cv-00568

Opinion and Order

2016 WL 8201165

Sept. 21, 2016

Sept. 21, 2016

Order/Opinion
59

1:15-cv-00568

Plaintiff's Second Amended Complaint for Declaratory and Injunctive Relief

Oct. 7, 2016

Oct. 7, 2016

Complaint
122

1:15-cv-00568

Order on Motion to Compel

2019 WL 1439669

March 31, 2019

March 31, 2019

Order/Opinion
148

1:15-cv-00568

Order Granting/Denying Motion to Compel Testimony

Planned Parenthood Southwest Ohio Region v. Acton

2020 WL 11036304

Jan. 17, 2020

Jan. 17, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4526831/planned-parenthood-southwest-ohio-region-v-hodges/

Last updated June 9, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5189207), filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 09/01/2015)

1 Civil Cover Sheet

View on PACER

Sept. 1, 2015

Sept. 1, 2015

RECAP
2

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation (Gerhardstein, Alphonse) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
3

MOTION for Preliminary Injunction by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Affidavit with attachments, # 2 Affidavit with attachments, # 3 Exhibit Sec.737.13, # 4 Exhibit Sec. 3702.304) (Branch, Jennifer) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
4

ORDER OF RECUSAL. Judge Timothy S. Black recused. Case reassigned to Judge Michael R. Barrett for all further proceedings. Signed by Judge Timothy S. Black on 9/1/2015. (mr) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER

***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee)

Sept. 2, 2015

Sept. 2, 2015

PACER

Docket Annotation

Sept. 2, 2015

Sept. 2, 2015

PACER
5

NOTICE of Appearance by Russell S Sayre for Defendants UC Health, University of Cincinnati Medical Center, LLC (Sayre, Russell) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
6

MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri (Filing fee $ 200, receipt number 0648-5191240) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing) (Branch, Jennifer) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
7

MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee (Filing fee $ 200, receipt number 0648-5191246) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing) (Branch, Jennifer) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
8

NOTICE of Appearance by Ryan L. Richardson for Defendant Richard Hodges (Richardson, Ryan) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
9

NOTICE of Appearance by Nicole M. Koppitch for Defendant Richard Hodges (Koppitch, Nicole) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
10

NOTICE: Please be aware that a Status Conference regarding 3 Motion for Preliminary Injunction is set for 9/4/2015 at 11:00 AM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
11

NOTICE of Appearance by Drew S. Dennis for Plaintiff Women's Med Group Professional Corporation (Dennis, Drew) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
12

MOTION for Leave to Appear Pro Hac Vice of Carrie Y. Flaxman (Filing fee $ 200, receipt number 0648-5193570) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing) (Gerhardstein, Alphonse) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER

Motion Hearing

Sept. 4, 2015

Sept. 4, 2015

PACER
13

NOTICE of Appearance by Jonathan D. Tebbs for Defendants UC Health, University of Cincinnati Medical Center, LLC (Tebbs, Jonathan) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/4/2015 re 3 MOTION for Preliminary Injunction filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region; Alphonso Gerhardstein, Jennifer Branch, Jennifer Keighly, Beatrice Hill appeared for Plaintiff; Ryan Richardson, Nicole Koppitch appeared for Defendant Ohio Atty General; Russell Sayre appeared for Defendants UC Health/UCMC; a briefing schedule/hearing set: Responses due by 9/18/2015. Replies due by 9/24/2015. the Motion Hearing is set for 9/28/2015 01:00 PM at in Courtroom 109 - Cincinnati before Judge Michael R. Barrett re 3 MOTION for Preliminary Injunction ; the Court will issue a letter related to any potential conflict to the parties - parties to respond as necessary. (ba)

Sept. 4, 2015

Sept. 4, 2015

PACER
14

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice of Carrie Y. Flaxman for Plaintiff Planned Parenthood. Signed by Judge Michael R. Barrett on 9/8/15. (ba) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
15

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Brigitte Amiri for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/8/15. (ba) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
16

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Jennifer Lee for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/8/15. (ba) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
17

MOTION for Leave to Appear Pro Hac Vice of Jennifer Keighley (Filing fee $ 200, receipt number 0648-5200696) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing) (Branch, Jennifer) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
18

WAIVER OF SERVICE Returned Executed. Waiver sent to UC Health on 9/2/2015, answer due 11/2/2015; University of Cincinnati Medical Center, LLC on 9/2/2015, answer due 11/2/2015. (Branch, Jennifer) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
19

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Defendant Richard Hodges. (Koppitch, Nicole) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
20

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice of Jennifer Keighley for Plaintiff Planned Parenthood Southwest Ohio Region. Signed by Judge Michael R. Barrett on 9/24/15. (ba) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
21

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER

NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the hearing set for 9/28/15 is VACATED. (ba)

Sept. 25, 2015

Sept. 25, 2015

PACER

NOTICE TERMINATING DEADLINES/HEARINGS

Sept. 25, 2015

Sept. 25, 2015

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/28/2015; Al Gerhardstein, Jennifer Keighley and Jennifer Branch appeared for Plaintiffs; Ryan Richardson, Nicole Koppitch appeared for Defendant Hodges; Russell Sayre appeared for UC Health and UC Medical Center; parties to submit an Order in accordance with discussions. (ba)

Sept. 28, 2015

Sept. 28, 2015

PACER

Status Conference

Sept. 28, 2015

Sept. 28, 2015

PACER
22

AGREED ORDER finding as moot 3 MOTION for Preliminary Injunction ; The parties therefore agree and it is hereby ORDERED that Plaintiffs Preliminary Injunction Motion is moot as to Plaintiffs variance requests pending when the motion was filed, as Director Hodges can take no action to levy monetary penalties, seek an injunction, or otherwise take action pursuant to Ohio Rev. Code ยง 3702.32(A) against Planned Parenthood Southwest Ohio Region or Womens Med Center of Dayton based upon the variance denials recited above until the administrative proceedings are finally concluded. It is furtherORDERED that Plaintiffs licenses shall not, during the administrative proceedings, be suspended pursuant to the Automatic Suspension Provision of Ohio Rev. Code ยง 3702.309 on the basis of the denials recited above. This Order does not relate to the variance application filed by Plaintiff Planned Parenthood Southwest Ohio on 9/28/15. Counsel is ORDERED to confer with the Court relating to the 9/28/15 variance application on 9/29/15 at 1:30 p.m. by teleconference; paries shall refer to 10 Notice of Telephone Conference for conferencing instructions. (ba) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

RECAP

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/29/2015; Al Gerhardstein, Jennifer Keighley, Jennifer Branch, and Beatrice Hill appeared for Plaintiff; Ryan Richardson and Nichole Koppitch and Russell Sayre appeared for Defendants; plaintiff to amend complaint/TRO. (ba)

Sept. 29, 2015

Sept. 29, 2015

PACER

Status Conference

Sept. 29, 2015

Sept. 29, 2015

PACER
23

AMENDED COMPLAINT First Supplemental Complaint for Injunction against Richard Hodges, filed by Planned Parenthood Southwest Ohio Region. (Branch, Jennifer) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
24

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: # 1 Affidavit Lawson Second Declaration, # 2 Text of Proposed Order TRO and PI) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 10/2/2015 (sct). (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
25

ORDER granting 24 Motion for TRO and Defendant Richard Hodges, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Defendant who receive actual notice of this Order, are TEMPORARILY RESTRAINED from enforcing Ohio Rev. Code ยง 3702.309. It is further ORDERED that Plaintiffs license shall not be suspended pursuant to the Automatic Suspension Provision of Ohio Rev. Code ยง 3702.309 while this Temporary Restraining Order is in place.This Temporary Restraining Order shall expire on October 13, 2015 at 5:00 p.m., unless extended by the parties and the Court.Plaintiff shall not be required to post bond.. Signed by Judge Michael R. Barrett on 9/30/15. (wam) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

RECAP

NOTICE of Briefing Schedule re 24 MOTION for Temporary Restraining Order. Per agreement of the parties, Defendant shall file his memorandum in opposition by October 6, 2015 and Plaintiff shall file its reply in support by October 9, 2015. The parties agree to waive discovery, a hearing, and oral argument on Doc. 24 unless requested by the Court. (eh)

Oct. 1, 2015

Oct. 1, 2015

PACER

Set/Reset Deadlines

Oct. 1, 2015

Oct. 1, 2015

PACER

Notice of Correction re 24 MOTION for Temporary Restraining Order; NOTICE of Briefing Schedule is related to 24 MOTION for Preliminary Injunction and NOT the TRO component. Per agreement of the parties, Defendant shall file his memorandum in opposition by October 6, 2015 and Plaintiff shall file its reply in support by October 9, 2015. The parties agree to waive discovery, a hearing, and oral argument on Doc. 24 unless requested by the Court. (eh) (ba)

Oct. 5, 2015

Oct. 5, 2015

PACER

Notice of Corrective Docket Entry

Oct. 5, 2015

Oct. 5, 2015

PACER
26

RESPONSE in Opposition re 24 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Richard Hodges. (Richardson, Ryan) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
27

REPLY to Response to Motion re 24 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
28

ORDER granting 24 Motion for Preliminary Injunction; PPSWO is not required to post bond. Signed by Judge Michael R. Barrett on 10/13/15. (ba) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

RECAP
29

WAIVER OF SERVICE Returned Executed. Waiver sent to Richard Hodges on 9/2/2015, answer due 11/2/2015. (Branch, Jennifer) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
30

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants UC Health, University of Cincinnati Medical Center, LLC. Responses due by 11/27/2015 (Sayre, Russell) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
31

ANSWER to 1 Complaint, and Affirmative Defenses filed by Richard Hodges. (Koppitch, Nicole) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
32

ANSWER to 23 Amended Complaint and Affirmative Defenses filed by Richard Hodges. (Koppitch, Nicole) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
33

Corporate Disclosure Statement by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
34

MOTION for Extension of Time to File Response/Reply as to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 12/11/2015. by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
35

ORDER granting 34 Motion for Extension of Time to File Response/Reply re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Responses due by 12/11/2015. Signed by Judge Michael R. Barrett on 11/16/15. (ba) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER

Notice of Hearing

Nov. 16, 2015

Nov. 16, 2015

PACER

NOTICE of Hearing: Please be aware that a Scheduling Conference is set for 1/7/2016 at 10:30 AM by teleconference before Judge Michael R. Barrett; Rule 26(f) Report is due 12/31/15; parties shall refer to 10 Notice of Telephone Conference for conferencing instructions. (ba)

Nov. 16, 2015

Nov. 16, 2015

PACER
36

Unopposed MOTION to Amend/Correct Complaint by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. Responses due by 1/7/2016 (Attachments: # 1 Proposed Amended Complaint) (Branch, Jennifer) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
37

RESPONSE in Opposition re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER

NOTICE of Hearing: Please be aware that the Scheduling Conference set for 1/7/16 is RESET to 1/13/2016 at 09:30 AM and remains set by teleconference before Judge Michael R. Barrett; parties shall refer to 10 Notice of Telephone Conference for conferencing instructions. ; the Rule 26(f) deadline is reset for 1/7/16. (ba)

Dec. 29, 2015

Dec. 29, 2015

PACER

Notice of Hearing

Dec. 29, 2015

Dec. 29, 2015

PACER
38

REPLY to Response to Motion re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER
39

RULE 26(f) REPORT and Joint Discovery Plan by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation, Defendants. (Branch, Jennifer) Modified to include defendants as filer on 2/1/2016 (eh). (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 1/13/2016; Jennifer Branch and Beatrice Hill appeared for Plaintiff; Ryan Richardson and Nicole Koppitch appeared for Defendant Hodges; Russell Sayre appeared for Defendants UC Health and UCMC; calendar order to follow. (ba)

Jan. 13, 2016

Jan. 13, 2016

PACER

Scheduling Conference

Jan. 13, 2016

Jan. 13, 2016

PACER
40

CALENDAR ORDER: Amended Pleadings due by 8/1/2016. Motions directed to pleadings due by 9/1/2016. Lay Witness due by 2/1/2017. Status Conference set for 10/6/2017 at 09:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 5/1/2017. Plaintiff Rebuttal Expert due by 9/1/2017. Defendant Primary Expert due by 8/1/2017. Discovery due by 10/1/2017. Bench Trial set for 12/1/2017 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 1/13/16. (ba) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
41

ORDER finding as moot 30 Motion to Dismiss for Failure to State a Claim; granting 36 Motion to Amend/Correct; Plaintiff shall file her amended complaint electronically within 7 days of the entry of this Order. Signed by Judge Michael R. Barrett on 1/13/16. (ba) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
42

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

RECAP
43

Affirmative Defenses and ANSWER to 42 Amended Complaint filed by Richard Hodges. (Koppitch, Nicole) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
44

MOTION to Dismiss for Lack of Standing by Defendants UC Health, University of Cincinnati Medical Center, LLC. Responses due by 2/25/2016 (Sayre, Russell) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER
45

Unopposed MOTION for Extension of Time New date requested 3/24/2016., Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Dismiss for Lack of Standing New date requested 3/24/2016. ( Responses due by 3/21/2016) by Plaintiff Planned Parenthood Southwest Ohio Region. (Branch, Jennifer) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER
46

ORDER granting 45 Motion for Extension of Time; granting 45 Motion for Extension of Time to File Response/Reply re 44 MOTION to Dismiss for Lack of Standing; Responses due by 3/24/2016. Signed by Judge Michael R. Barrett on 2/29/16. (ba) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
47

Unopposed MOTION for Extension of Time to File Response/Reply New date requested 4/7/2016. to Respond to Defendant University of Cincinnati Medical Center, LLC's and UC Health's Second Motion to Dismiss Raising Standing by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
48

ORDER granting 47 Motion for Extension of Time to File Response/Reply re 44 MOTION to Dismiss for Lack of Standing; Responses due by 4/7/2016. Signed by Judge Michael R. Barrett on 3/25/16. (ba) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
49

NOTICE by Plaintiff Women's Med Group Professional Corporation of Withdrawal of Co-Counsel (Dennis, Drew) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
50

RESPONSE in Opposition re 44 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

RECAP
51

REPLY to Response to Motion re 44 MOTION to Dismiss for Lack of Standing filed by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
52

Unopposed MOTION for Extension of Time New date requested 9/15/2016. deadline to amend the complaint and make 26a disclosures by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
53

ORDER re 40 Preliminary Pretrial Order granting 52 Unopposed MOTION for Extension of Time. Amended Pleadings due by 9/15/2016. 26(a) Disclosures due 9/15/16. Motions directed to pleadings due by 10/17/2016. Signed by Judge Michael R. Barrett on 7/19/16. (ba) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
54

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5656785) of Julie Kaye by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing for Julia Kaye) (Branch, Jennifer) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
55

Unopposed MOTION to Amend/Correct to File Second Amended Complaint by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Second Amended Complaint) (Branch, Jennifer) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
56

ORDER granting 54 Motion for Leave to Appear Pro Hac Vice of Julia Kaye for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/16/16. (ba) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
57

ORDER granting 44 Motion to Dismiss claims against University of Cincinnati Medical Center, LLC and UC Health. Signed by Judge Michael R. Barrett on 9/20/16. (ba) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

RECAP
58

ORDER granting in part 55 Motion to Amend/Correct; plaintiffs may file a second amended complaint consistent with the Court's 9/21/16 57 Opinion and Order within 14 days of the entry of this Order. Signed by Judge Michael R. Barrett on 9/27/16. (ba) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
59

AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief against Richard Hodges, filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

RECAP
60

NOTICE of Substitution of Counsel - Tiffany L. Carwile substituting for Nicole M. Koppitch as to Defendant Richard Hodges. (Carwile, Tiffany) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
61

NOTICE of Appearance by Zachery Paul Keller for Defendant Richard Hodges (Keller, Zachery) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
62

ANSWER to 59 Amended Complaint filed by Richard Hodges. (Richardson, Ryan) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
63

MOTION to Withdraw as Attorney Jennifer Lee by Plaintiff Women's Med Group Professional Corporation. (Lee, Jennifer) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
64

NOTICE by Plaintiff Women's Med Group Professional Corporation re 63 MOTION to Withdraw as Attorney Jennifer Lee (Branch, Jennifer) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
65

Joint MOTION to Amend Scheduling Order by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) Modified docket text on 2/2/2017 (eh). (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
66

ORDER granting 65 Motion for Extension of Time for deadline to disclose non-expert fact witnesses to 9/1/17. Signed by Judge Michael R. Barrett on 2/6/17. (ba) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
67

ORDER finding as moot 63 Motion to Withdraw as Attorney. Signed by Judge Michael R. Barrett on 2/6/17. (ba) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
68

NOTICE of Appearance by Ruth Ellen Hartman for Plaintiff Women's Med Group Professional Corporation (Hartman, Ruth) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
69

NOTICE of Appearance by Michael Edward Mumford for Plaintiff Women's Med Group Professional Corporation (Mumford, Michael) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
70

MOTION to Stay Discovery and Case Schedule by Defendant Richard Hodges. (Attachments: # 1 Exhibit A Capital Care Merit Brief, # 2 Exhibit B Plaintiffs consolidated interrogatories, document requests, and requests for admissions, # 3 Exhibit C Adjudication Order, # 4 Exhibit D Common Pleas Court Decision, # 5 Exhibit E Womens Med Reply Brief) (Richardson, Ryan) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER

NOTICE of Status Conference re 70 MOTION to Stay Discovery and Case Schedule; Please e aware that a Status Conference is set for 6/6/2017 at 09:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to 10 Notice of Telephone Conference for conferencing instructions. (ba)

May 30, 2017

May 30, 2017

PACER

Notice of Hearing on Motion

May 30, 2017

May 30, 2017

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 6/6/2017 re 70 MOTION to Stay Discovery and Case Schedule filed by Richard Hodges; Jennifer Branch appeared for Plaintiff; Tiffany Carwile, Zachary Keller and Ryan Richardson appeared for Defendant Hodges; order to follow. (ba)

June 6, 2017

June 6, 2017

PACER

Motion Hearing

June 6, 2017

June 6, 2017

PACER
71

ORDER granting 70 MOTION to Stay Discovery and Case Schedule filed by Richard Hodges; the Calendar Orders at 40, 53 and 66 are vacated; parties shall notify the Court to schedule a status conference 14 days after the Supreme Court of Ohio enters its final decision in Capital Care Network of Toledo v. State of Ohio Dept. of Health, No. 2016-1348. Signed by Judge Michael R. Barrett on 6/20/17. (ba) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
72

PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 9/21/17. (ba) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
73

NOTICE of Substitution of Counsel - Bridget C Coontz substituting for Ryan L. Richardson as to Defendant Richard Hodges. (Coontz, Bridget) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/28/2018; Jennifer Branch, Ruth Hartman, Jessie Hill, Julia Kaye and Jennifer Keighley appeared for Plaintiffs; Bridget Coontz and Zachery Keller appeared for Defendant Hodges; Elizabeth Bonham appeared for ACLU of Ohio; calendar order to follow. (ba)

Feb. 28, 2018

Feb. 28, 2018

PACER

Status Conference

Feb. 28, 2018

Feb. 28, 2018

PACER
74

AMENDED CALENDAR ORDER: Motion to Compel due 3/12/18; responses due 3/22/18; hearing set 4/4/2018 at 2:00 pm, Courtroom 109. Lay Witness due by 4/2/2018. Status Conference/Final Pretrial Conference set for 11/30/2018 at 02:30 PM in Chambers before Judge Michael R. Barrett. Parties' Primary Expert due by 8/1/2018. Parties' Rebuttal Expert due by 11/1/2018. Expert Discovery due by 11/30/2018. Bench trial 2/2019; post-trial briefs due 4 weeks after close of trial. Signed by Judge Michael R. Barrett on 3/6/18. (ba) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Sept. 1, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood of Southwest Ohio (PPSWO) and Women’s Medical Group Professional Corporation (MGPC) provide a variety of medical services to women and men in Southwest Ohio. PPSWO is a non-profit offering birth control, annual gynecological examinations, cervical pap smears, diagnosis and treatment of vaginal infections, testing and treatment for certain sexually transmitted diseases, HIV testing, pregnancy testing, and abortions. MGPC owns and operates Women’s Medical Center of Dayton, which provides surgical abortions, pregnancy testing, and birth control healthcare services to women.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

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

University of Cincinnati Medical Center, State

Ohio Department of Health (Ohio), State

University of Cincinnati Medical Center, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Licensing restriction

Facility requirements

General:

Abortion

Medical/Mental Health:

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

Type of Facility:

Non-government non-profit