Case: June Medical Services LLC v. Caldwell

3:14-cv-00525 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 22, 2014

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Case Summary

This is a case challenging an abortion restriction in the state of Louisiana. Act 620 prevented doctors from providing abortion services in the state unless they secured admitting privileges at a hospital within 30 miles of where they provide abortion care. On August 22, 2014, three women's reproductive health clinics and two individual doctors who perform abortions filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the Attorney General of Lo…

On August 22, 2014, three women's reproductive health clinics and two individual doctors who perform abortions filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the Attorney General of Louisiana, the Louisiana State Health Officer, the Medical Director of the Louisiana Department of Health and Hospitals, and the President of the Louisiana State Board of Medical Examiners. Plaintiffs brought suit under 42 U.S.C. § 1983, alleging that Act 620 violated the Due Process Clause of the Fourteenth Amendment. Represented by the Center for Reproductive Rights and two private law firms, plaintiffs sought declaratory judgment, a permanent injunction, and attorneys' fees. On August 26, 2014, plaintiffs filed an amended complaint to add the Secretary of the Louisiana Department of Health and Hospitals as a defendant.

On August 31, 2014, Judge John W. deGravelles granted a temporary restraining order (TRO) enjoining enforcement of Act 620 until a hearing could be held to determine whether a preliminary injunction should issue. The TRO required plaintiffs to continue to seek admitting privileges, and allowed the Act to take effect. However, it mandated that plaintiffs would not be subject to the penalties and sanctions allowed in the statute. June Medical Services, LLC v. Caldwell, 2014 WL 4296679 (M.D.La., 2014).

On February 16, 2015, defendants' filed a Motion for Partial Summary Judgment. After hearings on the matter, on May 12 Judge deGravelles granted the motion in part and denied the motion in part. The Court found as a matter of law that Act 620 passed rational basis review, thereby rejecting that portion of plaintiffs' argument. But summary judgment was denied on all other claims. June Medical Services, LLC v. Kliebert, 105 F.Supp.3d 611 (M.D. La., 2015).

On January 26, 2016, Judge deGravelles declared unconstitutional the active admitting privileges requirement of the Act as violating the substantive due process rights of Louisiana women seeking abortions. As such, the court granted a preliminary injunction to enjoin enforcement of the Act as to the plaintiffs. The injunction was ordered to remain in effect until further notice from the court.

On February 10, 2016, defendants appealed the order granting preliminary injunction to the United States Court of Appeals for the Fifth Circuit. On that same day, defendants also filed a motion to stay the injunction pending appeal. Concluding that the defendant’s probability of success was too low relative to the likely harms that would be inflicted upon Plaintiffs (and others) and in light of the public interest, Judge deGravelles denied the motion for the stay on February 16, 2016. Less than two weeks later, on February 25, 2016, the Fifth Circuit granted defendants' motion for a stay pending appeal, and stayed the district court's injunction. Writing for the panel, Judge Jennifer W. Elrod concluded that defendants had made a strong showing that they were likely to succeed on the merits.

In response to defendants' appeal, the Fifth Circuit remanded the case on August 25, 2016 for the district court to engage in additional fact finding required by the decision in Whole Womans Health v. Hellerstedt. The district court did, and on April 26, 2017, Judge deGravelles declared unconstitutional the active admitting privileges of the Act as a violation of the Fourteenth Amendment to the United States Constitution. Judge deGravelles also entered a permanent injunction barring enforcement of the Act. The court entered judgment in favor of the plaintiffs and against the defendant. On May 10, 2017, Judge deGravelles ordered defendants to pay plaintiffs' reasonable attorney’s fees.

However, on May 5, 2017, defendants appealed to the Fifth Circuit and on September 26, 2018, Judges Jerry E. Smith and Edith B. Clement reversed the District Court's decision. Applying the undue burden test and Whole Woman's Health v. Hellerstedt, the majority concluded that the Act and relevant circumstances significantly diverged from Whole Womans Health. The majority found that the Louisiana Act would result in a potential increase of 54 minutes at one of the state's clinics for at most 30% of women. Thus, the Fifth Circuit concluded that the Act did not impose enough of a substantial challenge as required, and upheld the law. June Med. Servs., L.L.C. v. Gee, 905 F.3d 787, 815 (5th Cir. 2018). In his dissent, Judge Patrick E. Higginbotham concluded that the majority failed to meaningfully apply the undue burden test. Id. at 16. In response to the majority's decision, plaintiffs sought an en banc hearing from the full Fifth Circuit, but this request was denied on January 18, 2019.

On October 4, 2019, the Supreme Court granted petition for writ of certiorari. On June 29, 2020, Justice Stephen G. Breyer, writing for the plurality, reversed the Fifth Circuit's judgment. The plurality concluded that the district court correctly applied the tests established by Casey and Whole Woman's Health, and that the Fifth Circuit disagreed with the lower court, not as to the legal standard, but as to the factual findings. Because an appellate court can only set aside factual findings if they are "clearly erroneous," and the district court's findings were not clearly erroneous, the plurality upheld the district court's conclusion as proper. Chief Justice John Roberts concurred in the judgment, finding the Louisiana law to be nearly identical to the Texas law struck down in Whole Woman's Health, and thus stare decisis applied even though Chief Justice Roberts dissented in Whole Woman's Health. However, Chief Justice Roberts' concurrence contended that the undue burden standard does not require courts to weigh the law's asserted benefits against the burdens it imposes on abortion access. Justices Thomas, Alito, Gorsuch, and Kavanaugh each authored separate dissents. June Med. Servs. L.L.C. v. Russo, 140 S. Ct. 2103 (2020).

On August 7, 2020, the Fifth Circuit closed the case in light of the Supreme Court opinion. Since then, the parties have continued to dispute two issues: which documents should remain sealed and attorney's fees. On March 22, 2021, plaintiffs filed a renewed motion for attorney's fees in the amount of $8,654,348.18. Nearly a year and a half later, on June 10, 2022, Judge deGravelles approved the joint settlement as to plaintiffs' petition for attorneys' fees and expenses. Under the settlement, plaintiffs accepted $3,800,000.00 as the full and final satisfaction of all claims or demands for attorneys' fees, expenses, or costs arising from the litigation.

That seemed to be the end of the case, but then the Supreme Court issued its opinion in Jackson Women's Health Organization v. Dobbs. In Dobbs, the Supreme Court held that abortion is not a fundamental right under the United States Constitution. In so holding, the Supreme Court overruled both Roe and Casey, cases relied on in prior June Medical decisions. Three days after the Dobbs decision was released, on June 27, 2022, defendant filed an emergency motion to vacate the court's prior permanent injunction. Defendant argued that because of Dobbs, there was no legal or equitable basis for the permanent injunction.

Two days after the emergency motion was filed, the court held that the subject of the motion was of such considerable importance to the State and its citizens and that it involves complicated issues of procedural and substantive law. Therefore, the court refused to grant the motion with only two days consideration, and denied the motion without prejudice, thereby allowing the parties to submit full briefing before issuing a decision on the motion. Defendant filed a motion for reconsideration, which the court denied.

On July 12, 2022, defendant appealed the reconsideration denial to the United States Court of Appeals for the Fifth Circuit. On September 21, 2022, the Fifth Circuit dismissed the appeal for lack of jurisdiction, because district courts have administrative discretion to manage their dockets and choose to hear full briefing before deciding an issue.

After full briefing, the district court did indeed make a decision. On November 14, 2022, Judge deGravelles vacated the prior permanent injunction, finding that it would not be equitable to maintain the injunction as it stood due to Dobbs.

	Document
1 3:14-cv-00525	Complaint for Declaratory and Injunctive Relief	Aug. 22, 2014	Aug. 22, 2014 Complaint
14 3:14-cv-00525	Amended Complaint for Declaratory and Injunctive Relief	Aug. 26, 2014	Aug. 26, 2014 Complaint
31 3:14-cv-00525	Temporary Restraining Order	Aug. 31, 2014	Aug. 31, 2014 Order/Opinion 2014 WL 2014
138 3:14-cv-00525	Ruling and Order	May 12, 2015	May 12, 2015 Order/Opinion 105 F.Supp.3d 105
216 3:14-cv-00525	Findings of Fact and Conclusions of Law	Jan. 26, 2016	Jan. 26, 2016 Order/Opinion 158 F.Supp.3d 158
234 3:14-cv-00525	Ruling on Defendant's Motion for Stay Pending Appeal, for Expedited Consideration, and for Temporary Stay	Feb. 16, 2016	Feb. 16, 2016 Order/Opinion
00513394662 3:14-cv-00525 16-30116	[Opinion] U.S. Court of Appeals for the Fifth Circuit	Feb. 25, 2016	Feb. 25, 2016 Order/Opinion 814 F.3d 814
274 3:14-cv-00525	Findings of Fact and Conclusions of Law	April 26, 2017	April 26, 2017 Order/Opinion
292 3:14-cv-00525	[Proposed] Order Granting Plaintiffs' Petition for Attorney's Fees	May 10, 2017	May 10, 2017 Order/Opinion
3:14-cv-00525 17-30397	Fifth Circuit Opinion Reversing District Court Judgment U.S. Court of Appeals for the Fifth Circuit	Sept. 26, 2018	Sept. 26, 2018 Order/Opinion 905 F.3d 905

Title	Description		External URL Date / External URL
June Medical Services, LLC, v. Russo Center for Reproductive Rights	This is the Center for Reproductive Rights' case description of June Medical Services, LLC, v. Russo	June 29, 2020	June 29, 2020 https://reproductiverights.org/...
Embracing Casey: June Medical Services L.L.C. v. Russo and the Constitutionality of Reason-Based Abortion Bans Marc Spindelman	June Medical Services L.L.C. v. Russo has already begun gaining a certain reputation as a Trojan Horse: in form, a pro-choice ruling that overturns a Louisiana anti-abortion measure, but in substanc…	Jan. 1, 2020	Jan. 1, 2020 https://www.law.georgetown.edu/...
What About the Rule of Law? Deviation From the Principles of Stare Decisis in Abortion Jurisprudence, and an Analysis of June Medical Services L.L.C. v. Russo Oral Arguments Bridget Winkler	The right to abortion was established in Roe v. Wade in 1973. Abortions have nevertheless been systemically inaccessible to vulnerable individuals and communities for generations, and anti-abortion …	May 1, 2020	May 1, 2020 https://www.uclalawreview.org/...
June Medical Services LLC v. Russo Oyez	In June 2014, Louisiana passed Act 620, which required “that every physician who performs or induces an abortion shall ‘have active admitting privileges at a hospital that is located not further than…	Nov. 3, 2022	Nov. 3, 2022 https://www.oyez.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400 receipt number 053N-1117501.), filed by June Medical Services LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Disclosure Statement, # 3 Summons to Defendant James David Caldwell, # 4 Summons to Defendant Jimmy Guidry, # 5 Summons to Defendant Mark Henry Dawson)(Rittenberg, William) Modified to edit text on 8/22/2014 (SMG). (Attachment 1 replaced on 8/22/2014) (SMG). (Attachment 3 replaced on 8/22/2014) (SMG). (Attachment 4 replaced on 8/22/2014) (SMG). (Attachment 5 replaced on 8/22/2014) (SMG). (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 Clearinghouse
2	MOTION for Dimitra Doufekias to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1117518) by All Plaintiffs. (Attachments: # 1 Declaration of Dimitra Doufekias, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
3	MOTION for Ilene Jaroslaw to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1117522) by All Plaintiffs. (Attachments: # 1 Declaration of Ilene Jaroslaw, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
4	MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Prior Protective Order, # 3 Declaration of John Doe 1, M.D., # 4 Declaration of John Doe 2, M.D., # 5 Declaration of John Doe 3, M.D., # 6 Declaration of John Doe 4, M.D., # 7 Proposed Order)(Rittenberg, William) (Entered: 08/22/2014) 1 Memorandum in Support View on PACER 2 Exhibit A: Prior Protective Order View on RECAP 3 Declaration of John Doe 1, M.D. View on RECAP 4 Declaration of John Doe 2, M.D. View on PACER 5 Declaration of John Doe 3, M.D. View on PACER 6 Declaration of John Doe 4, M.D. View on PACER 7 Proposed Order View on PACER	Aug. 22, 2014	Aug. 22, 2014 PACER
5	MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit H.B. 388, # 3 Exhibit Declaration of Kathaleen Pittman, # 4 Exhibit Declaration of Robert Gross, # 5 Exhibit Declaration of John Doe 1, M.D., # 6 Exhibit Declaration of John Doe 2, M.D., # 7 Exhibit Declaration of John Doe 3, M.D., # 8 Exhibit Declaration of Christopher M. Estes, M.D., M.P.H., # 9 Exhibit Summary of Hospital Admitting Privilege Requirements)(Rittenberg, William). Added MOTION for Preliminary Injunction on 8/22/2014 (SMG). Modified to edit motion text on 8/22/2014 (SMG). (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
	MOTION(S) REFERRED: 2 MOTION for Dimitra Doufekias to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1117518). This motion is now pending before the USMJ. (SMG)	Aug. 22, 2014	Aug. 22, 2014 PACER
	MOTION(S) REFERRED: 3 MOTION for Ilene Jaroslaw to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1117522). This motion is now pending before the USMJ. (SMG)	Aug. 22, 2014	Aug. 22, 2014 PACER
	MOTION(S) REFERRED: 4 MOTION for Protective Order . This motion is now pending before the USMJ. (SMG)	Aug. 22, 2014	Aug. 22, 2014 PACER
6	Notice to Counsel: Telephone Conference set for 8/25/2014 at 10:00 AM before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
7	ORDER granting 2 Motion for Dimitra Doufekias to Appear Pro Hac Vice in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/22/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
8	ORDER granting 3 Motion for Ilene Jaroslaw to Appear Pro Hac Vice in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/22/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
9	Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 8/22/2014. Telephone Conference set for 8/25/2014 at 10:00 AM before Judge John W. deGravelles. (Recorded) (KDC) (Entered: 08/25/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
10	MOTION to Enroll S. Kyle Duncan as Attorney for Defendant Jimmy Guidry by Jimmy Guidry. (Duncan, S.) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
11	Corporate Disclosure Statement by Bossier City Medical Suite, Choice Inc. of Texas, June Medical Services LLC identifying Corporate Parent Martin, Martin & Richards, Inc. for Bossier City Medical Suite, Choice Inc. of Texas. (SMG) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
	MOTION(S) REFERRED: 10 MOTION to Enroll S. Kyle Duncan as Attorney for Defendant Jimmy Guidry. This motion is now pending before the USMJ. (SMG)	Aug. 25, 2014	Aug. 25, 2014 PACER
12	Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 8/25/2014. The parties present on this call having agreed that the hearing on Wednesday should be limited to the Motion for TRO (doc. 5); IT IS ORDERED that the Motion for TRO is hereby assigned for hearing at 10:00 a.m. on Wednesday, August 27, 2014; IT IS FURTHER ORDERED that the parties have until 5:00 p.m. today, August 25, 2014, to file briefs on the issues discussed during the telephone status conference; IT IS FURTHER ORDERED that the parties make a good faith effort to reach a stipulation which would resolve the Motion for TRO.(Recorded) (KDC) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
13	NOTICE TO COUNSEL: The oral request for extension of Court's current deadline to file briefs of Mark Henry Dawson, in his official capacity as President of the Louisiana State Board of Medical Examiners, is granted. Brief deadline is reassigned for 3:00 p.m. on 9/25/2014. The Hearing on the pending Motion for Temporary Restraining Order is reassigned for 8/28/2014 at 10:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Judge John W. deGravelles on 8/25/2014. (SMG) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
14	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by June Medical Services LLC. (Attachments: # 1 Summons to Defendant Kathy Kliebert)(Rittenberg, William) Modified to edit text on 8/26/2014 (SMG). (Attachment 1 replaced on 8/26/2014) (SMG). (Entered: 08/26/2014) 1 Summons to Defendant Kathy Kliebert View on PACER	Aug. 26, 2014	Aug. 26, 2014 Clearinghouse
15	Summons Issued as to Kathy Kliebert. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
16	MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(1) by James David Caldwell. (Attachments: # 1 Memorandum in Support)(Freel, Angelique) Modified to edit text on 8/26/2014 (SMG). (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
17	MEMORANDUM in Opposition to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James David Caldwell. (Freel, Angelique) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
18	MEMORANDUM in Opposition to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark Henry Dawson. (McKinney, Don) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
19	RESPONSE in Opposition to 4 MOTION for Protective Order filed by James David Caldwell. (Freel, Angelique) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 RECAP
20	MEMORANDUM in Opposition to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jimmy Guidry, Kathy Kliebert. (Duncan, S.) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
21	ORDER granting 10 Motion to Enroll as Attorney. S. Kyle Duncan is enrolled as counsel of record for Defendant Jimmy Guidry. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/26/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
22	ORDER as to 16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(1) filed by James David Caldwell...James D. Buddy Caldwell, in his official capacity as the Attorney General for the State of Louisiana has filed a Motion to Dismiss Plaintiffs complaint for lack of subject matter jurisdiction. In addition, defendant, Dr. Jimmy Guidry, argues in its brief that this Court lacks jurisdiction as to him. Finally, in its brief, Dr. Mark Dawson argues that this Court has no Article III jurisdiction to issue injunctive relief against him...IT IS ORDERED that on or before 12:00 P.M. Central time on Wednesday, August 27, 2014, Plaintiffs shall file a brief responding to the Motion and arguments outlined above. Signed by Judge John W. deGravelles on 08/26/14. (KDC) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
23	Consolidated Response to DHH Defendants' Opposition to Plaintiffs' Application for Temporary Restraining Order and for Protective Order, Defendant Dawson's Opposition to Plaintiffs' Motion for a Temporary Restraining Order, and the Attorney General's Oppositions to the Plaintiffs' Motion for Protective Order, Plaintiffs' Application for Temporary Restraining Order and Motion to Dismiss Filed Pursuant to Fed.R.Civ.P.12(B)(1), re 22 Order filed by All Plaintiffs. (Rittenberg, William) Modified to edit text on 8/27/2014 (SMG). Modified to edit docket entry relationship on 8/27/2014 (SMG). (Entered: 08/27/2014)	Aug. 27, 2014	Aug. 27, 2014 PACER
24	ORDER granting 4 Motion for Protective Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/27/2014. (SMG) (Entered: 08/28/2014)	Aug. 28, 2014	Aug. 28, 2014 RECAP
25	Declaration of Secretary Kathy Kliebert by Kathy Kliebert (Duncan, S.) Modified to edit text on 8/28/2014 (SMG). (Entered: 08/28/2014)	Aug. 28, 2014	Aug. 28, 2014 PACER
26	NOTICE of Supplemental Authority Declaration by Mark Henry Dawson (McKinney, Don) (Entered: 08/28/2014)	Aug. 28, 2014	Aug. 28, 2014 PACER
27	NOTICE of Supplemental Authority Amended Declaration of Kathy Kliebert by Kathy Kliebert (Duncan, S.) (Entered: 08/28/2014)	Aug. 28, 2014	Aug. 28, 2014 PACER
33	Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 8/28/2014 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bossier City Medical Suite, John Doe 1, Choice Inc. of Texas, John Doe 2, June Medical Services LLC...Counsel presented arguments....On or before 5:00 p.m. today, the secretary of the Louisiana Department of Health and Hospitals (the Department) shall file an amended declaration as set forth in Open Court...With the agreement of the parties and for oral reasons assigned, IT IS ORDERED that Jimmy Guidry, in his official capacity as Louisiana State Health Officer and Medical Director of the Louisiana Department of Health and Hospitals, is hereby DISMISSED....The Court takes the Motion to Dismiss filed by James David Caldwell ( R. Doc. 16) under advisement. A supplemental brief in support of the Motion to Dismiss shall be filed on or before 12:00 p.m. on Friday, August 29, 2014. (Court Reporter SHANNON THOMPSON.) (KDC) (Entered: 09/02/2014)	Aug. 28, 2014	Aug. 28, 2014 PACER
28	TRANSCRIPT REQUEST by Bossier City Medical Suite, Choice Inc. of Texas, John Doe 1, John Doe 2, June Medical Services LLC for proceedings held on August 28, 2014 before Judge deGravelles.. (Rittenberg, William) (Entered: 08/29/2014)	Aug. 29, 2014	Aug. 29, 2014 PACER
29	NOTICE OF FILING OF OFFICIAL TRANSCRIPT - Hearing on Motion for Temporary Restraining Order before Judge John W. deGravelles held on 08/28/2014. Court Reporter: Shannon Thompson, CCR. Phone Number: 225-389-3567. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have five (5) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/16/2014. Redacted Transcript Deadline set for 9/26/2014. Release of Transcript Restriction set for 11/24/2014. (Thompson, Shannon) (Entered: 08/29/2014)	Aug. 29, 2014	Aug. 29, 2014 PACER
30	Supplemental Memorandum in Support of 16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(1) pursuant to Court order filed by James David Caldwell. (Thornhill, Jessica) Modified to edit text on 9/3/2014 (SMG). (Entered: 08/29/2014)	Aug. 29, 2014	Aug. 29, 2014 PACER
31	ORDER granting 5 Motion for Temporary Restraining Order to the extent that any enforcement of § A(2)(a) of Act 620, amending La. R.S. 40:1299.35.2, is enjoined until a hearing is held for the purpose of determining whether a preliminary injunction should issue. Plaintiffs will continue to seek admitting privileges. The Act will be allowed to take effect but Plaintiffs will not be subject to the penalties and sanctions allowed in the statute at this time or in the future for practicing without the relevant admitting privileges during the applications process. Plaintiffs will be allowed to operate lawfully while continuing their efforts to obtain privileges. Plaintiffs Application for a Preliminary Injunction will remain pending. All parties indicated at the TRO Hearing that, if a TRO was granted, additional time was needed to conduct discovery and prepare for the hearing on the preliminary injunction. Thus, in accordance with Fed. R. Civ. P. 65(b)(2), a status conference will be set no later than 30 days hence for the purpose of receiving a status report regarding the pending applications for admitting privileges, determining the amount of time needed by the parties to prepare for the hearing on the preliminary injunction, setting a date for the preliminary injunction hearing, discussing the scope of the issues and nature of the proof which will be presented and discussing all additional issues which the parties and the Court deem relevant. The Court understands that the events in this case are fluid. Should circumstances change, the parties are free to seek any other relief as they may deem appropriate. Given the nature of the relief sought and because there is no risk of monetary loss to the defendant by virtue of the granting of this injunction, it is unnecessary for Plaintiffs to post a bond in this matter...IT IS FURTHER ORDERED that 16 Motion to Dismiss Louisiana State Health Officer and Medical Director, Dr. Jimmy Guidry, is granted and Dr. Jimmy Guidry is hereby DISMISSED..IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendant Attorney General James David Caldwell is hereby GRANTED and Louisiana State Health Officer and Medical Director, Dr. Jimmy Guidry, is hereby DISMISSED... Signed by Judge John W. deGravelles on 08/31/14. (KDC) Modified on 8/31/2014 (KDC). (Main Document 31 replaced on 9/2/2014) (NLT). (Entered: 08/31/2014)	Aug. 31, 2014	Aug. 31, 2014 Clearinghouse
32	NOTICE of Certificate of Service Regarding Declaration and Amended Declaration by Kathy Kliebert re 27 Notice of (other), 25 Notice of (other) (Duncan, S.) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
34	NOTICE of Certificate of Service Regarding Declaration of Mark H. Dawson by Mark Henry Dawson re 26 Notice of (other) (McKinney, Don) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
35	NOTICE TO COUNSEL: A Telephone Status Conference is set for 9/30/2014 at 10:00 AM before Judge John W. deGravelles. The parties shall submit to the Court on or before 5:00 PM on 09/23/2014, a brief memo (not more than 3 pages) addressing the issues stated herein. Signed by Judge John W. deGravelles on 09/02/2014. (NLT) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
36	Summons Issued as to Mark Henry Dawson. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (NLT) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER

Case: June Medical Services LLC v. Caldwell

3:14-cv-00525 | U.S. District Court for the Middle District of Louisiana

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