Case: Isaacson v. Brnovich

2:21-cv-01417 | U.S. District Court for the District of Arizona

Filed Date: Aug. 17, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 27, 2021, the Arizona governor signed S.B. 1457 (the "Act"): legislation that limited access to abortions in the state. Two physicians who provided reproductive health care services in Arizona, the Arizona National Organization for Women, the National Council of Jewish Women, Inc., and the Arizona Medical Association (collectively, "the plaintiffs") filed this lawsuit on August 17, 2021, in the U.S. District Court for the District of Arizona challenging and seeking to enjoin enforcemen…

On April 27, 2021, the Arizona governor signed S.B. 1457 (the "Act"): legislation that limited access to abortions in the state. Two physicians who provided reproductive health care services in Arizona, the Arizona National Organization for Women, the National Council of Jewish Women, Inc., and the Arizona Medical Association (collectively, "the plaintiffs") filed this lawsuit on August 17, 2021, in the U.S. District Court for the District of Arizona challenging and seeking to enjoin enforcement of the Act. The plaintiffs, represented by the ACLU and the Center for Reproductive Rights, sued the Arizona attorney general, fifteen county attorneys, the Arizona Medical Board (AMB), the executive director of the AMB, ten members of the AMB, the Arizona Department of Health Services (ADHS), and the director of ADHS alleging that two provisions of the Act in particular violated their First and Fourteenth Amendment rights under the U.S. Constitution. 

The complaint specifically targeted the "Reason Ban" and the "Personhood Provision" (also referred to by the court as the "Interpretation Policy"). The plaintiffs requested that the court issue a preliminary injunction, later to be made permanent, prohibiting the defendants from enforcing the Reason Ban and the Personhood Provision, as well as a declaratory judgment. First, the Reason Ban banned abortions whenever the providing physician knew that the abortion was due to "a genetic abnormality." The plaintiffs alleged that this ban violated substantive due process rights guaranteed by the Fourteenth Amendment to the U.S. Constitution by depriving residents of their right to privacy and liberty. Additionally, the plaintiffs argued that the ban violated their right to due process because it failed to give pregnant patients and medical providers fair notice of how to comply, and by imposing severe criminal penalties in addition to other legal penalties. Finally, the Reason Ban allegedly violated the plaintiffs' right to exercise their freedom of speech as protected by the First Amendment to the U.S. Constitution by chilling communications between patients and medical care providers.

The Personhood Provision gave all fertilized eggs, embryos, and fetuses the same rights and privileges afforded to other persons. The plaintiffs alleged that this provision altered other provisions of the Arizona Revised Statutes and made it impossible to determine what is required under those laws, thus rendering the statute unconstitutionally vague under the due process clause of the Fourteenth Amendment to the U.S. Constitution.

Judge Douglas L. Rayes heard oral arguments from both parties on the plaintiffs' motion for a preliminary injunction on September 22, 2021, and issued an order granting the motion in part and denying it in part on September 28, 2021. Judge Rayes found that the plaintiffs failed to bring an as-applied challenge to the Personhood Provision and denied the plaintiffs request to enjoin enforcement of this provision. However, the court did enjoin enforcement of the Reason Ban as likely to be void for vagueness and for imposing an undue burden on the rights of women to terminate pre-viability pregnancies. 563 F.Supp.3d 1024.

On October 5, 2021, the defendants filed an emergency motion to stay the preliminary injunction in the district court pending appeal in the Ninth Circuit Court of Appeals (Case No. 21-16645). The plaintiffs also filed an interlocutory appeal in the Ninth Circuit Court of Appeals (Case No. 21-16711) on October 18, 2021, requesting relief from Judge Rayes's partial denial of the plaintiffs' motion for preliminary injunction. That same day, Judge Rayes denied the defendants' motion for a stay pending appeal. 2021 WL 4844105.

While both parties' appeals were pending in the Ninth Circuit, the defendants filed a motion to dismiss the plaintiffs' challenge to the Personhood Provision on October 19, 2021. The defendants argued that the plaintiffs' allegations about how the provision might impact other provisions of Arizona law in the future made the claim unripe for adjudication. Before responding to the defendants' motion, the plaintiffs first dismissed the individual members of the AMB from the case on October 26, 2021. Then, on October 28, 2021, the plaintiffs filed a motion to stay the defendants' motion to dismiss pending the plaintiffs' interlocutory appeal. Judge Rayes granted the motion to stay on November 22, 2021, while the parties awaited resolution of their appeals.

On June 25, 2022, a day after Dobbs v. Jackson Women’s Health Organization was decided, plaintiffs filed a renewed emergency motion for a preliminary injunction to enjoin the "Personhood Provision" (a.k.a “Interpretation Policy") now that there was no longer Supreme Court precedent. Additionally, the Supreme Court vacated the September 28, 2021 injunction on the "Reason Ban" and the case was remanded to the Ninth Circuit for further consideration in light of Dobbs. The Ninth Circuit immediately remanded to the district court for such consideration.

On July 11, 2022, the district court granted the plaintiff's motion for a preliminary injunction, preventing the state from enforcing the "Personhood Provision." The court reasoned that the provision is so vague that it made it impossible for the plaintiffs to do their work in fair notice of conduct that is forbidden or required while litigation is ongoing.

On September 2, 2022, plaintiffs filed another renewed motion for preliminary injunction as to the "Reason Ban," which was necessary due to the vacating of the initial injunction and subsequent remands. The parties have submitted briefings on the matter, but as of December 19, 2022, no decision has been reached yet. This case is still ongoing.

 

Summary Authors

Richa Bijlani (5/1/2022)

Kathleen Lok (12/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60188590/parties/isaacson-v-brnovich/


Attorney for Plaintiff

Chan, Rebecca (Arizona)

Attorney for Defendant

Bendor, Joshua David (Arizona)

Bergin, Brian (Arizona)

Catlett, Michael Shawn (Arizona)

Connelly, Kenneth John (Arizona)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

2:21-cv-01417

Complaint for Declaratory and Injunctive Relief

Aug. 17, 2021

Aug. 17, 2021

Complaint
52

2:21-cv-01417

Order

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion

563 F.Supp.3d 563

121

2:21-cv-01417

Order

July 11, 2022

July 11, 2022

Order/Opinion

610 F.Supp.3d 610

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60188590/isaacson-v-brnovich/

Last updated April 6, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19771685 filed by Eric M Reuss, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Arizona National Organization For Women, Arizona Medical Association. (Lopez, Victoria) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(JAM) (Entered: 08/17/2021)

1 Civil Cover Sheet

View on PACER

2 Exhibit

View on PACER

Aug. 17, 2021

Aug. 17, 2021

Clearinghouse
2

Corporate Disclosure Statement by Arizona Medical Association. (JAM) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
3

Corporate Disclosure Statement by Arizona National Organization For Women. (JAM) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
4

Corporate Disclosure Statement by National Council of Jewish Women (Arizona Section) Incorporated. (JAM) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
5

Filing fee paid, receipt number 0970-19771685. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-21-1417-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
6

MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Lopez, Victoria) (Attachments: # 1 Proposed Order)(JAM) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
7

*Filed at 10 pursuant to 9 Order -- LODGED Proposed Motion for Preliminary Injunction re: 6 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Medical Association, Arizona National Organization For Women, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Exhibit List, # 2 Exhibit 1-6, # 3 Proposed Order)(JAM) *Modified on 8/17/2021 (WLP). (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
8

ORDER that motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) are discouraged if the defect(s) in the complaint can be cured by a permissible amendment. Plaintiff shall serve a copy of this Order upon Defendant and file notice of service with the Court. See document for complete details. Signed by Judge Douglas L Rayes on 8/17/2021. (WLP) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
9

ORDER granting 6 Motion for Leave to File Excess Pages. Plaintiff shall be allowed an additional 5 pages for their Motion for Preliminary Injunction and accompanying Memorandum of Law. The Clerk of the Court is directed to file the Motion for Preliminary Injunction and accompanying Memorandum of Law lodged on the Court's docket at Doc. 7 . Signed by Judge Douglas L Rayes on 8/17/2021. (WLP) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
10

MOTION for Preliminary Injunction by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Exhibit List, # 2 Exhibit 1-6, # 3 Proposed Order)(WLP) (Entered: 08/17/2021)

1 Exhibit List

View on PACER

2 Exhibit 1-6

View on PACER

3 Proposed Order

View on PACER

Aug. 17, 2021

Aug. 17, 2021

RECAP
11

ORDER - Plaintiffs shall serve Defendants with the summons, complaint, preliminary injunction motion, and a copy of this order as soon as practicable. The parties are directed to meet and confer and, by no later than August 20, 2021, submit to the Court a joint proposed briefing and hearing schedule. See document for complete details. Signed by Judge Douglas L Rayes on 8/17/2021. (RMV) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
12

SUMMONS Submitted by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Summons Bradley Beauchamp, Gila County Attorney, # 2 Summons Scott Bennett, Graham County Attorney, # 3 Summons Brad Carlyon, Navajo County Attorney, # 4 Summons Laura Conover, Pima County Attorey, # 5 Summons Jeremey Ford, Greenlee County Attorney, # 6 Summons Brian McIntyre, Cochise County Attorney, # 7 Summons Sheila Polk, Yavapai County Attorney, # 8 Summons William Ring, Coconino County Attorney, # 9 Summons Tony Rogers, La Paz County Attorney, # 10 Summons George Silva, Santa Cruz County Attorney, # 11 Summons Jon Smith, Yuma County Attorney, # 12 Summons Matthew Smith, Mohave County Attorney, # 13 Summons Kent Volkmer, Pinal County Attorney, # 14 Summons Michael Whiting, Apache County Attorney)(Lopez, Victoria) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
13

Summons Issued as to Allister Adel, Bradley Beauchamp, Scott Bennett, Brad Carlyon, Laura Conover, Brian McIntyre, Sheila Polk, William Ring, Tony Rogers, George Silva, Jon Smith, Matthew Smith, Kent Volkmer, Michael Whiting. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

Remark re Pro Hac Vice Motion

Aug. 18, 2021

Aug. 18, 2021

PACER
14

NOTICE TO FILER OF DEFICIENCY re: 12 Summons Submitted filed by Paul A Isaacson, Arizona National Organization For Women, Arizona Medical Association, Eric M Reuss, National Council of Jewish Women (Arizona Section) Incorporated. Defendant name for Jeremy Ford does not match docket. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
15

SUMMONS Submitted by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Lopez, Victoria) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
16

Summons Issued as to Jeremy Ford. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

Remark: Pro hac vice motion(s) granted for Ruth Harlow, Rebecca Chan on behalf of Plaintiffs Arizona Medical Association, Eric M Reuss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 18, 2021

Aug. 18, 2021

PACER

Notice of Deficiency (Text Only)

Aug. 18, 2021

Aug. 18, 2021

PACER

Remark re Pro Hac Vice Motion

Aug. 19, 2021

Aug. 19, 2021

PACER

Remark: Pro hac vice motion(s) granted for Gail Marie Deady, Jen Samantha D Rasay on behalf of Plaintiffs Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 19, 2021

Aug. 19, 2021

PACER
17

NOTICE of Appearance by Jason Stanley Moore on behalf of Brad Carlyon. (Moore, Jason) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER

Remark re Pro Hac Vice Motion

Aug. 20, 2021

Aug. 20, 2021

PACER

Remark: Pro hac vice motion(s) granted for Emily Brooke Nestler on behalf of Plaintiffs Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 20, 2021

Aug. 20, 2021

PACER
18

NOTICE re: Proposed Briefing and Hearing Schedule by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss re: 11 Order . (Rasay, Jen) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
19

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Allister Adel. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
20

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Patricia McSorley. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
21

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Dr. Cara M. Christ.(Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
22

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Bradley Beauchamp. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
23

**SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Scott Bennett. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
24

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/17/2021 to Mark Brnovich. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
25

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Brad Carlyon. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
26

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Jeremy Ford. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
27

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Jon Smith. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
28

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Matthew Smith (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
29

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Brian McIntyre (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
30

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Sheila Polk. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
31

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to William Ring. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
32

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Tony Rogers. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
33

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to George Silva. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
34

*SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on 8/18/2021 to Kent Volkmer. (Lopez, Victoria) *Modified to correct event, attorney noticed on 8/23/2021 (LAD). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
35

NOTICE TO FILER OF DEFICIENCY re: 25 Notice (Other), 20 Notice (Other), 24 Notice (Other), 28 Notice (Other), 23 Notice (Other), 34 Notice (Other), 27 Notice (Other), 29 Notice (Other), 32 Notice (Other), 26 Notice (Other), 19 Notice (Other), 30 Notice (Other), 22 Notice (Other), 33 Notice (Other), 21 Notice (Other) and 31 Notice (Other) filed by Paul A Isaacson, Arizona National Organization For Women, Arizona Medical Association, Eric M Reuss, National Council of Jewish Women (Arizona Section) Incorporated. Incorrect event selected: Notice, Other found in the Other Filings, Notices category. Correct event: Service Executed found in the Amended Pleadings and Service, Service of Process category. Please note for future filings. No further action is required. The clerk has modified the entries to reflect the correct event. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
36

ORDER - Defendant Mark Brnovich, in his official capacity as Arizona Attorney General, is designated as the single representative to coordinate arguments. By stipulation of the parties, the fifteen County Attorney Defendants (Michael Whiting, Brian McIntyre, William Ring, Bradley Beauchamp, Scott Bennett, Jeremy Ford, Tony Rogers, Allister Adel, Matthew Smith, Brad Carlyon, Laura Conover, Kent Volkmer, George Silva, Sheila Polk, and Jon Smith) are excused from answering the complaint, participating in proceedings in this matter, and from presenting arguments or filing responsive pleadings in this case. If any County Attorney Defendant wishes to file an answer or other responsive pleading, the respective County Attorney Defendant will do so only after consulting with Plaintiffs' counsel. Attorney General Brnovich shall file a Joint Defense Response to Plaintiffs' motion for preliminary injunction by no later than September 9, 2021. Plaintiffs shall file their reply memorandum by no later than September 17, 2021. The parties shall appear and participate in a telephonic oral argument on September 22, 2021 at 2:00 PM. If the parties reach an agreement regarding the enforcement of the challenged provisions pending the outcome of this litigation that would obviate the need for a preliminary injunction, they shall jointly notify the Court by no later than September 20, 2021. (See document for further details). Signed by Judge Douglas L Rayes on 8/23/2021. (LAD) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
37

NOTICE of Appearance by Katlyn Jo Divis on behalf of Mark Brnovich. (Divis, Katlyn) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
38

NOTICE of Appearance by Kate Blakeley Sawyer on behalf of Mark Brnovich. (Sawyer, Kate) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
39

NOTICE of Appearance by Michael Shawn Catlett on behalf of Mark Brnovich. (Catlett, Michael) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
40

NOTICE of Appearance by Brunn Wall Roysden, III on behalf of Mark Brnovich. (Roysden, Brunn) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER

Notice of Deficiency (Text Only)

Aug. 23, 2021

Aug. 23, 2021

PACER
41

SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on August 18, 2021 to Laura Conover, Pima County Attorney . (Lopez, Victoria) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
42

SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on August 18, 2021 to Michael Whiting, Apache County Attorney . (Lopez, Victoria) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
43

SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated: Rule 4 Waiver of Service of Summons. Waiver sent on August 26, 2021 to David C. Beyer, M.D. . (Lopez, Victoria) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
44

SERVICE EXECUTED filed by Arizona Medical Association, Arizona National Organization For Women, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss: Rule 4 Waiver of Service of Summons. Waiver sent on August 26, 2021 to Gary Figge, M.D. . (Lopez, Victoria) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
45

NOTICE of Appearance by Brian McCormack Bergin on behalf of Gary Figge, David C Beyer. (Bergin, Brian) *Modified filers per help desk call on 9/2/2021 (WLP). (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
46

RESPONSE in Opposition re: 10 MOTION for Preliminary Injunction filed by Mark Brnovich. (Attachments: # 1 Exhibit)(Catlett, Michael) (Entered: 09/09/2021)

1 Exhibit

View on PACER

Sept. 9, 2021

Sept. 9, 2021

RECAP
47

NOTICE of Appearance by Kevin D Ray on behalf of Arizona Department of Health Services, Cara M Christ. (Ray, Kevin) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
48

REPLY to Response to Motion re: 10 MOTION for Preliminary Injunction filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Lopez, Victoria) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

RECAP
49

MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Oral Argument held on 9/22/2021. Discussion and oral argument is held regarding 10 Motion for Preliminary Injunction. The Court takes the matter under advisement. APPEARANCES: Telephonic appearance by Emily Nestler, Rebecca Chan, Ruth Harlow, Victoria Lopez, Gail Deady, and Jen Rasay for Plaintiffs. Telephonic appearance by Michael Catlett, Katlyn Davis, Brunn Roysden, and Kate Sawyer for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 2:01 pm to 4:25 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER

1 - Common Prompts (Text Only) AND Motion Hearing

Sept. 22, 2021

Sept. 22, 2021

PACER

Motion Hearing AND 1 - Common Prompts (Text Only)

Sept. 22, 2021

Sept. 22, 2021

PACER
50

TRANSCRIPT REQUEST by Mark Brnovich for proceedings held on 09-22-2021, Judge Douglas L Rayes hearing judge(s). (Roysden, Brunn) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC ORAL ARGUMENT proceedings held on 09/22/2021, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/13/2021 (RAP). (Entered: 10/13/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP
51

TRANSCRIPT REQUEST (3RD PARTY) by Matthew Reiser of the Center for Reproductive Rights for proceedings held on 09/22/2021, Judge Douglas L Rayes hearing judge(s). (RAP) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
52

VACATED by doc. 115 . ORDER - IT IS ORDERED that Plaintiffs' motion for a preliminary injunction (Doc. 10 ) is GRANTED IN PART and DENIED IN PART as explained herein. IT IS FURTHER ORDERED that Defendants are preliminarily enjoined from enforcing the following provisions of Arizona Senate Bill 1457: 1. Section 2, to be codified as A.R.S. § 13-3603.02(A)(2), (B)(2), (D) (as it applies to subsections (A)(2) and (B)(2)), and (E) (as it applies to subsections (A)(2), (B)(2)); 2. Section 10, to be codified as A.R.S. § 36-2157(A)(1) (as it applies to genetic abnormalities); 3. Section 11, to be codified as A.R.S. § 36-2158(A)(2) (d) (as it applies to genetic abnormalities); and 4. Section 13, to be codified as A.R.S. § 36-2161(A)(25). See attached Order for complete details. Signed by Judge Douglas L Rayes on 9/28/21. (SMH) Modified on 7/5/2022 (BAC). (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

Clearinghouse
53

NOTICE of Appearance by Carrie Helen Smith on behalf of Arizona Medical Board. (Smith, Carrie) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
54

ORDER setting Rule 16 Scheduling Conference for 12/22/2021 at 10:00 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. See document for complete details. Signed by Judge Douglas L Rayes on 10/1/2021. (RMV) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
55

NOTICE re: Notice of Appeal by Mark Brnovich re: 52 Order on Motion for Preliminary Injunction . (Catlett, Michael) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
56

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 52 Order on Motion for Preliminary Injunction by Mark Brnovich. Filing fee received: $ 505.00, receipt number 0970-19933106. (Catlett, Michael) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

RECAP
57

Emergency MOTION to Stay re: 52 Order on Motion for Preliminary Injunction by Mark Brnovich. (Catlett, Michael) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

RECAP
58

ORDER: IT IS ORDERED, as to the State Defendants' 57 Emergency Motion to Stay, Plaintiffs' response shall be due no later than 10/13/2021. State Defendants' optional reply shall be due no later than 10/15/2021. Ordered by Judge Douglas L Rayes on 10/6/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
59

USCA Case Number re: 56 Notice of Appeal. Case number 21-16645, Ninth Circuit. (KAH) (Entered: 10/07/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order

Oct. 6, 2021

Oct. 6, 2021

PACER
60

REPRESENTATION STATEMENT by Mark Brnovich re: 56 Notice of Appeal. (Catlett, Michael) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
62

MOTION to Intervene by Sharing Down Syndrome Arizona. (Attachments: # 1 Declaration of Virginia Johnson, # 2 Proposed Order Granting Motion to Intervene)(Connelly, Kenneth) (Entered: 10/13/2021)

1 Declaration of Virginia Johnson

View on PACER

2 Proposed Order Granting Motion to Intervene

View on PACER

Oct. 13, 2021

Oct. 13, 2021

PACER
63

RESPONSE in Opposition re: 57 Emergency MOTION to Stay re: 52 Order on Motion for Preliminary Injunction filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Lopez, Victoria) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
64

REPLY to Response to Motion re: 57 Emergency MOTION to Stay re: 52 Order on Motion for Preliminary Injunction filed by Mark Brnovich. (Catlett, Michael) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
65

*NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 52 Order on Motion for Preliminary Injunction by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. Filing fee received: $ 505.00, receipt number 0970-19972847. (Lopez, Victoria) *Modified text to include "interlocutory" on 10/19/2021. (SMH) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
66

ORDER denying 57 Motion for a Stay Pending Appeal. See document for complete details. Signed by Judge Douglas L Rayes on 10/18/2021. (RMV) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

RECAP
67

USCA Case Number re: 65 Notice of Appeal. Case number 21-16711, Ninth Circuit. (KAH) (Entered: 10/19/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
68

* MOTION to Dismiss for Lack of Jurisdiction as to Count V of the Complaint by Mark Brnovich. (Catlett, Michael) Modified to correct event on 10/22/2021. (SMH) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
69

STIPULATION To Dismiss Board Members by Arizona Medical Board. (Williams, Mary) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
70

ORDER granting 69 Stipulated Motion to Dismiss Arizona Medical Board Defendants. The individual members of the Arizona Medical Board, including R. Screven Farmer, M.D., James M. Gillard, M.D., Jodi A. Bain, M.A., J.D., Bruce Bethancourt, M.D., David Beyer, M.D., Laura Dorrell, M.S.N., R.N., Gary R. Figge, M.D., Pamela E. Jones, Lois Krahn, M.D., and Eileen M. Oswald, M.P.H. are hereby dismissed without prejudice. See document for complete details. Signed by Judge Douglas L Rayes on 10/25/2021. (RMV) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
71

RESPONSE to Motion re: 62 MOTION to Intervene filed by Mark Brnovich. (Catlett, Michael) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
72

RESPONSE in Opposition re: 62 MOTION to Intervene filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Lopez, Victoria) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
73

MOTION to Stay re: 68 MOTION to Dismiss Counts/Claims by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Proposed Order)(Lopez, Victoria) (Entered: 10/28/2021)

1 Proposed Order

View on PACER

Oct. 28, 2021

Oct. 28, 2021

PACER

Remark re Pro Hac Vice Motion

Nov. 1, 2021

Nov. 1, 2021

PACER

Remark: Pro hac vice motion(s) granted for Jessica Leah Sklarsky on behalf of Plaintiffs Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 1, 2021

Nov. 1, 2021

PACER
74

REPLY to Response to Motion re: 62 MOTION to Intervene filed by Sharing Down Syndrome Arizona. (Connelly, Kenneth) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
75

*Stipulation for Extension of Time for Plaintiffs to File Opposition to Defendants' Motion to Dismiss by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Proposed Order)(Lopez, Victoria) *Modified to correct event on 11/9/2021 (WLP). (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
76

MOTION to Withdraw Emily Nestler as counsel for Plaintiffs by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Proposed Order)(Lopez, Victoria) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
77

ORDER: IT IS ORDERED granting Plaintiffs' 76 Motion to Withdraw Emily Nestler as Counsel for Plaintiffs. Attorney Emily Nestler is withdrawn as counsel of record for Plaintiffs Paul A Isaacson, Arizona National Organization for Jewish Women (Arizona Section) Incorporated and Arizona National Organization for Women. Plaintiffs continue to be represented by attorneys Jessica Sklarsky, Gail Deady and Jen Samantha D. Rasay along with other co-counsel of record. Ordered by Judge Douglas L Rayes on 11/9/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER

Order on Motion to Withdraw

Nov. 9, 2021

Nov. 9, 2021

PACER
78

Joint MOTION to Continue Scheduling Conference set for December 22, 2021 (Doc. 54) by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Attachments: # 1 Proposed Order)(Lopez, Victoria) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
79

RESPONSE in Opposition re: 73 MOTION to Stay re: 68 MOTION to Dismiss Counts/Claims filed by Mark Brnovich. (Catlett, Michael) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP

Remark re Pro Hac Vice Motion

Nov. 15, 2021

Nov. 15, 2021

PACER

Remark: Pro hac vice motion(s) granted for Catherine Coquillette on behalf of Plaintiffs Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 15, 2021

Nov. 15, 2021

PACER
80

ORDER: IT IS ORDERED granting the parties' 75 Stipulation for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Dismiss. The deadline for Plaintiffs to respond to Defendants' 68 Motion to Dismiss is extended to 14 days after a stay, if granted, is lifted, or 14 days after the Motion to Stay is denied, if that should occur. Ordered by Judge Douglas L Rayes on 11/15/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
81

ORDER: IT IS ORDERED granting the parties' 78 Joint Motion to Vacate and Reset the Rule 16 Scheduling Conference Currently scheduled for Defendant 22, 2021. The Rule 16 Scheduling Conference set for 12/22/2021 is vacated and reset for 2/25/2022 at 10:00 AM. The Court anticipates this hearing will be held telephonically. Call-in information will be provided to the parties via separate email. Ordered by Judge Douglas L Rayes on 11/15/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

Order on Motion for Extension of Time

Nov. 15, 2021

Nov. 15, 2021

PACER

Order on Motion to Continue

Nov. 15, 2021

Nov. 15, 2021

PACER
82

REPLY to Response to Motion re: 73 MOTION to Stay re: 68 MOTION to Dismiss Counts/Claims filed by Arizona Medical Association, Arizona National Organization For Women, Paul A Isaacson, National Council of Jewish Women (Arizona Section) Incorporated, Eric M Reuss. (Deady, Gail) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

School Desegregation

Key Dates

Filing Date: Aug. 17, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two physicians who provided reproductive health care services in Arizona, the Arizona National Organization for Women, the National Council of Jewish Women, Inc., and the Arizona Medical Association.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General, State

Arizona Medical Board, State

Executive Director, State

Members, State

Department of Health Services, State

Director, State

County Attorney (Apache), County

County Attorney (Cochise), County

County Attorney (Coconino), County

County Attorney (Gila), County

County Attorney (Graham), County

County Attorney (Greenlee), County

County Attorney (La Paz), County

County Attorney (Maricopa), County

County Attorney (Mohave), County

County Attorney (Navajo), County

County Attorney (Pima), County

County Attorney (Pinal), County

County Attorney (Santa Cruz), County

County Attorney (Yavapai), County

County Attorney (Yuma), County

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits 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

Preliminary relief denied

Order Duration: 2022 - None

Issues

Reproductive rights:

Abortion

Criminalization

Fetus Identity

Physician-only abortion laws

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

Undue Burden