Case: American Medical Association v. Stenehjem

1:19-cv-00125 | U.S. District Court for the District of North Dakota

Filed Date: June 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about constitutional challenges to two North Dakota laws that required physicians to provide patients with allegedly misleading and non-medical information about reproductive health. On June 25, 2019, American Medical Association, the Red River Women's Clinic, and the Clinic’s medical director, filed this lawsuit in the United States District Court for the District of North Dakota seeking declaratory and injunctive relief. Represented by private counsel, the plaintiffs sued the Attorney General of North Dakota as well as the State Attorney for Cass County—Red River Women's Clinic's home county—for violating their First and Fourteenth Amendment rights under 42 U.S.C. §1983. The two North Dakota laws required physicians to (1) discuss with patients the possibility of reversing the abortion-inducing drug they sought to ingest, and (2) to explain that by taking the drug they would terminate the life of a “whole, separate, unique, living human being.” See N.D. Cent. Code § 14-02.1-02(11)(a)(2). The plaintiffs sought to strike down the laws, alleging that they violated the First Amendment rights of physicians by compelling them to tell patients controversial messages about reproductive health that were not scientifically supported. The case was assigned to Judge Daniel L. Hovland and referred to Magistrate Clare R. Hochhalter.

The plaintiffs filed a motion for preliminary injunction on June 25, 2019. The motion sought to prevent physicians from discussing the possibility of reversal after consuming the abortion-inducing drug and not the other measure. Judge Hovland granted the motion for preliminary injunction on September 10, 2019 and reasoned that the requirement was an infringement on the First Amendment rights of physicians. Additionally, the court found that granting the motion would cause the defendants no harm as patients would continue to be warned about the risks of abortion. 412 F.Supp.3d 1134.

On August 22, 2019, the defendants collectively known as "Pregnancy Center" moved to intervene as defendants. On August 30, 2019, Heartbeat International moved to intervene as a defendant. Judge Hovland granted both motions to intervene on November 26, 2019. 2019 WL 10920631.

On March 10, 2022, the defendants filed an unopposed motion to stay discovery until the Supreme Court issued an opinion in Dobbs v. Jackson Women’s Health Organization because of its potential to overturn Roe v. Wade. The overturning of Roe v. Wade would allow for N.D.C.C. § 12.1-31-12 to become valid law and create a near-total ban on abortion in the state. On March 25, 2022, the court granted the motion and ordered parties to provide a status report in 90 days. By mid-June, the Supreme Court had still not decided Dobbs and the court directed the parties to provide a report on the impact of the Dobbs decision on the instant case within 30 days of the Supreme Court issuing an opinion in the case.

On June 24, 2022, the Supreme Court issued an opinion in Dobbs, overturning Roe v. Wade and eliminating the constitutional right to abortion. Four days later, North Dakota's Attorney General wrote to the legislative council stating that the "preconditions for enforcement of the [the Abortion Ban had] been satisfied" and that the provision would go into effect on July 28, 2022. On July 7, 2022, the Red River Women's Clinic and the plaintiff doctor filed another suit against the state's Attorney General and the State's Attorney for Cass County, this time in Burleigh County District Court. The new suit challenged the abortion ban under the Constitution of the State of North Dakota. See Access Indep. Health Servs., Inc. et al. v. Wrigley et al., No. 08-2022-CV-01608 (N.D. Dist. Ct., Burleigh Cty. 2022). As of October 25, 2022, that case is ongoing.

On July 25, 2022, the parties filed a status report in which they both agreed to discuss the impacts of the state court lawsuit before proceeding and that the stay should remain in place in the meantime. This case remains ongoing.

Summary Authors

Rhea Sharma (2/10/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15832429/parties/american-medical-association-v-stenehjem/

Judge(s)

Attorney for Plaintiff

Alexander, Lauren Z. (North Dakota)

Cain, Jeremy (North Dakota)

Calabrese, Christine (North Dakota)

Attorney for Defendant

Anderson, Douglas B. (North Dakota)

Expert/Monitor/Master/Other

Cassidy, Harold (North Dakota)

Judge(s)

Hovland, Daniel L. (North Dakota)

Attorney for Plaintiff

Alexander, Lauren Z. (North Dakota)

Cain, Jeremy (North Dakota)

Calabrese, Christine (North Dakota)

Deady, Gail M (North Dakota)

Dickson, Thomas A. (North Dakota)

Duane, Molly Rose (North Dakota)

Hearron, Marc A (North Dakota)

Katz, Autumn Chandra (North Dakota)

Marks, Benjamin (North Dakota)

Mehdizadeh, Meetra Hope (North Dakota)

Nelson, Leonard (North Dakota)

Reiss, Steven Alan (North Dakota)

Rich, Maya (North Dakota)

Sutton, Erin (North Dakota)

Vandenberg, Brian (North Dakota)

Wang, Jiaman (North Dakota)

Attorney for Defendant

Anderson, Douglas B. (North Dakota)

Lafferty, Austin T. (North Dakota)

Porsborg, Scott K. (North Dakota)

Sagsveen, Matthew A. (North Dakota)

Titus, Courtney Rebecca (North Dakota)

Other

Cassidy, Harold (North Dakota)

Doane, Matthew D (North Dakota)

Grande, Donald R. (North Dakota)

Green, Samuel David (North Dakota)

Harle, Denise (North Dakota)

Theriot, Kevin (North Dakota)

Viggiano, Thomas J. (North Dakota)

White, Danielle (North Dakota)

Zakhary, Joseph R (North Dakota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:19-cv-00125	Complaint	June 25, 2019	June 25, 2019 Complaint
102 1:19-cv-00125	Order Granting Plaintiffs' Motion for Preliminary Injunction	Sept. 10, 2019	Sept. 10, 2019 Order/Opinion 412 F.Supp.3d 1134

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
American Medical Association v. Stenehjem Center for Reproductive Rights	This is the Center for Reproductive Rights' case description of American Medical Association v. Stenehjem	2o21	Jan. 1, 2021 https://reproductiverights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15832429/american-medical-association-v-stenehjem/

Last updated July 3, 2026, 7 a.m.

Docket for: American Medical Association v. Stenehjem

ECF Number	Date	Description	Link
1	June 25, 2019	COMPLAINT against Birch Burdick, Wayne Stenehjem (Filing fee $400, receipt number 119001113) filed by Kathryn L. Eggleston, MD, American Medical Association, Access Independent Health Services, Inc.. (Attachments: # 1 Exhibit A - HB 1336, # 2 Civil Cover Sheet)(cjs) (Entered: 06/25/2019) 1 Exhibit A - HB 1336 View on PACER 2 Civil Cover Sheet View on PACER	RECAP
2	June 25, 2019	Summons Issued as to Birch Burdick, Wayne Stenehjem. (cjs) (Entered: 06/25/2019)	RECAP
3	June 25, 2019	Corporate Disclosure Statement by Access Independent Health Services, Inc., American Medical Association (no parent corporations). (cjs) (Entered: 06/25/2019)	RECAP
4	June 25, 2019	MOTION to Appear Pro Hac Vice for Molly R. Duane (Filing fee $150, receipt number 119001114) by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Duane, Molly) Modified on 6/25/2019 to add receipt number and attorney's name (cjs). (Entered: 06/25/2019)	RECAP
5	June 25, 2019	MOTION to Appear Pro Hac Vice by Marc Hearron (Filing fee $150, receipt number 119001115) by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Hearron, Marc) Modified on 6/25/2019 to add receipt number and attorney's name (cjs). (Entered: 06/25/2019)	RECAP
6	June 25, 2019	MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit 1 - Kromenaker Declaration, # 3 RESTRICTED-EXHIBITS SHOULD HAVE BEEN SEPARATED FROM AFFIDAVIT Exhibit 2 - Eggleston Declaration, # 4 RESTRICTED-EXHIBITS SHOULD HAVE BEEN SEPARATED FROM AFFIDAVIT Exhibit 3 - Schreiber Declaration, # 5 Exhibit 4 - Madara Declaration, # 6 RESTRICTED-EXHIBITS SHOULD HAVE BEEN SEPARATED FRM AFFIDAVIT Exhibit 5 - Wynia Declaration, # 7 RESTRICTED-EXHIBITS SHOUULD HAVE BEEN SEPARATED FROM AFFIDAVIT Exhibit 6 - Wildey Declaration)(Dickson, Thomas) Modified on 6/26/2019 to restrict access to Exhibits 2, 3, 5 and 6 (cjs). (Entered: 06/25/2019) 1 Memorandum of Law in Support View on PACER 2 Exhibit 1 - Kromenaker Declaration View on PACER 3 Exhibit 2 - Eggleston Declaration View on PACER 4 Exhibit 3 - Schreiber Declaration View on PACER 5 Exhibit 4 - Madara Declaration View on PACER 6 Exhibit 5 - Wynia Declaration View on PACER 7 Exhibit 6 - Wildey Declaration View on PACER	RECAP
7	June 25, 2019	SUMMONS Returned Executed by American Medical Association, Access Independent Health Services, Inc., Kathryn L. Eggleston, M.D. Wayne Stenehjem served on 6/25/2019, answer due 7/16/2019 (Dickson, Thomas) Modified on 6/26/2019 to add filers (cjs). (Entered: 06/25/2019)	RECAP
8	June 26, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 5 Motion to Appear Pro Hac Vice for Attorney Marc Hearron. (cjs) (Entered: 06/26/2019)	RECAP
9	June 26, 2019	NOTICE of Appearance by Matthew A. Sagsveen on behalf of Wayne Stenehjem (Sagsveen, Matthew) (Entered: 06/26/2019)	RECAP
10	June 26, 2019	MOTION to Appear Pro Hac Vice Attorney Autumn Katz (Filing fee $150, receipt number #119001119) by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Katz, Autumn) Modified on 6/26/2019 to add receipt number (am). (Entered: 06/26/2019)	RECAP
11	June 26, 2019	E-Filing Modification Request re 6 MOTION for Preliminary Injunction (cjs) (Entered: 06/26/2019)	RECAP
12	June 26, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 10 Motion to Appear Pro Hac Vice for Attorney Autumn Katz. (am) (Entered: 06/26/2019)	RECAP
13	June 26, 2019	RESTRICTED-DUPLICATE PLEADING FILED, SEE DOCUMENT 6 AFFIDAVIT of Tammi Kromenaker re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Dickson, Thomas) Modified on 6/27/2019 to restrict access (am). (Entered: 06/26/2019)	RECAP
14	June 26, 2019	AFFIDAVIT of Kathryn Eggleston - Exhibit 2 re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Exhibit A - Eggleston CV, # 2 Exhibit B - ACOG Public Statement)(Dickson, Thomas) Modified on 6/27/2019 to add exhibit language. (am) (Entered: 06/26/2019)	RECAP
15	June 26, 2019	NOTICE of Appearance by Douglas B. Anderson on behalf of Wayne Stenehjem (Anderson, Douglas) (Entered: 06/26/2019)	RECAP
16	June 26, 2019	AFFIDAVIT of Courtney Schreiber - Exhibit 3 re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Exhibit A - Schreiber CV, # 2 Exhibit B - Delgado and Davenport article, # 3 Exhibit C - Delgado, Davenport, et al. article, # 4 Exhibit D - ACOG Statement, # 5 Exhibit E - Contraception article, # 6 Exhibit F - NE Journal of Medicine article)(Dickson, Thomas) Modified on 6/27/2019 to add exhibit language (am). (Entered: 06/26/2019)	RECAP
17	June 26, 2019	RESTRICTED-DUPLICATE PLEADING FILED, SEE DOCUMENT 6 AFFIDAVIT of James Madara re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Dickson, Thomas) Modified on 6/27/2019 to restrict access (am). (Entered: 06/26/2019)	RECAP
18	June 26, 2019	AFFIDAVIT of Matthew Wynia - Exhibit 5 re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Exhibit A - Wynia CV)(Dickson, Thomas) Modified on 6/27/2019 to add exhibit language (am). (Entered: 06/26/2019)	RECAP
19	June 26, 2019	AFFIDAVIT of Brian Wildey - Exhibit 6 re 6 MOTION for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Exhibit A - Wildey CV)(Dickson, Thomas) Modified on 6/27/2019 to add exhibit language (am). (Entered: 06/26/2019)	RECAP
20	June 26, 2019	NOTICE of Appearance by Courtney Rebecca Titus on behalf of Wayne Stenehjem (Titus, Courtney) (Entered: 06/26/2019)	RECAP
21	June 26, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 4 Motion to Appear Pro Hac Vice for Attorney Molly R. Duane. (cjs) (Entered: 06/26/2019)	RECAP
	June 26, 2019	Docket Correction
	June 26, 2019	DOCKET CORRECTION re: 7 Summons Returned Executed. Clerk's Office added filers Access Independent Health Services, Inc. and Kathryn L. Eggleston, MD. (cjs)
22	June 27, 2019	ORDER Setting Status Conference and Briefing on Motion for Preliminary Injunction by Chief Judge Daniel L. Hovland. (CM) (Entered: 06/27/2019)	RECAP
23	June 27, 2019	NOTICE of Hearing: Status Conference set for 7/8/2019 at 01:00 PM by telephone before Chief Judge Daniel L. Hovland. (CM) (Entered: 06/27/2019)	RECAP
	June 27, 2019	Docket Correction
	June 27, 2019	DOCKET CORRECTION re: 13 AFFIDAVIT of Tammi Kromenaker; 17 AFFIDAVIT of James Madara. Duplicate pleading, see 6 . Clerk's office restricted access to documents. (am) Modified on 7/10/2019 to correct link from doc. 12 to 13. (rm)
24	June 28, 2019	SUMMONS Returned Executed by Kathryn L. Eggleston, MD, American Medical Association, Access Independent Health Services, Inc.. Birch Burdick served on 6/26/2019, answer due 7/17/2019 (Dickson, Thomas) Modified on 7/1/2019 to correct service date and answer due date(cjs). (Entered: 06/28/2019)	RECAP
25	June 28, 2019	MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number 319000387) by American Medical Association. (Sutton, Erin) Modified on 7/1/2019 to add receipt number (lh). (Entered: 06/28/2019)	RECAP
26	June 28, 2019	MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number 319000388) by American Medical Association. (Nelson, Leonard) Modified on 7/1/2019 to add receipt number (lh). (Entered: 06/28/2019)	RECAP
27	June 28, 2019	MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number 319000389) by American Medical Association. (Vandenberg, Brian) Modified on 7/1/2019 to add receipt number (lh). (Entered: 06/28/2019)	RECAP
28	July 1, 2019	NOTICE of Appearance by Scott K. Porsborg on behalf of Birch Burdick (Porsborg, Scott) (Entered: 07/01/2019)	RECAP
29	July 1, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 25 Motion to Appear Pro Hac Vice for Attorney Erin Sutton; granting 26 Motion to Appear Pro Hac Vice for Attorney Leonard Nelson; granting 27 Motion to Appear Pro Hac Vice for Attorney Brian Vandenberg. (js) (Entered: 07/01/2019)	RECAP
	July 1, 2019	Set/Reset Deadlines
	July 1, 2019	Set/Reset Deadlines: Birch Burdick answer due 7/17/2019. (cjs)
30	July 8, 2019	Minute Entry for proceedings held before Chief Judge Daniel L. Hovland: Status Conference held on 7/8/2019. (Court Reporter SE) (jr) (Entered: 07/08/2019)	RECAP
31	July 9, 2019	NOTICE of Hearing: Status Conference set for 7/10/2019 at 08:30 AM by telephone before Chief Judge Daniel L. Hovland. Please call in per instructions in separate email. (CM) (Entered: 07/09/2019)	RECAP
32	July 10, 2019	Minute Entry for proceedings held before Chief Judge Daniel L. Hovland: Status Conference held on 7/10/2019. (Court Reporter SE) (jr) (Entered: 07/10/2019)	RECAP
33	July 11, 2019	STIPULATION Joint Stipulation by Wayne Stenehjem. (Anderson, Douglas) (Entered: 07/11/2019)	RECAP
34	July 12, 2019	ORDER Adopting 33 Stipulation by Chief Judge Daniel L. Hovland. (CM) (Entered: 07/12/2019)	RECAP
	July 12, 2019	Set/Reset Deadlines
	July 12, 2019	Set/Reset Deadlines: Birch Burdick answer due 7/26/2019; Wayne Stenehjem answer due 7/26/2019. Set/Reset Deadlines as to 6 MOTION for Preliminary Injunction .( Responses due by 7/19/2019, Replies due by 7/31/2019.) (rh)
35	July 19, 2019	RESPONSE to Motion re 6 MOTION for Preliminary Injunction filed by Birch Burdick. (Porsborg, Scott) (Entered: 07/19/2019)	RECAP
36	July 19, 2019	RESPONSE to Motion re 6 MOTION for Preliminary Injunction State of North Dakota's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Wayne Stenehjem. (Attachments: # 1 Exhibit 1 - House Bill No. 1336, # 2 Exhibit 2 - Legislative History of H.B. 1336, # 3 Exhibit 3 - Obritsch Declaration, # 4 Exhibit 3A - Obritsch CV, # 5 Exhibit 3B - Obritsch Testimony, # 6 Exhibit 4 - Vetter Declaration, # 7 Exhibit 4A - Vetter CV)(Anderson, Douglas) Modified on 7/29/2019 to remove duplicate text. (as) (Entered: 07/19/2019)	RECAP
37	July 26, 2019	ANSWER to 1 Complaint, with Jury Demand by Birch Burdick.(Porsborg, Scott) (Entered: 07/26/2019)	RECAP
38	July 26, 2019	ANSWER to 1 Complaint, Answer by Wayne Stenehjem.(Titus, Courtney) (Entered: 07/26/2019)	RECAP
39	July 30, 2019	MOTION to Appear Pro Hac Vice Attorney Harold J. Cassidy (Filing fee $150, receipt number 119001249) by North Dakota Physicians for Truth and Accuracy for Informed Consent, Dakota Hope Clinic, Women's Pregnancy Center, National Institute of Family and Life Advocates (N.I.F.L.A.). (Cassidy, Harold) Modified on 7/30/2019 to add filers and receipt number (am). (Entered: 07/30/2019)	RECAP
40	July 30, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 39 Motion to Appear Pro Hac Vice for Attorney Harold J. Cassidy. (am) (Entered: 07/30/2019)	RECAP
41	July 30, 2019	MOTION for Leave to File Excess Pages for Reply In Support of Motion for Preliminary Injunction by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Alexander, Lauren) (Entered: 07/30/2019)	RECAP
	July 30, 2019	Docket Correction
	July 30, 2019	DOCKET CORRECTION re: 39 MOTION to Appear Pro Hac Vice. Modified entry to add filers Dakota Hope Clinic, Women's Pregnancy Center, and National Institute of Family and Life Advocates (N.I.F.L.A.). (am)
42	July 31, 2019	ORDER: Scheduling Conference set for 8/22/2019 at 1:30 PM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)	RECAP
43	July 31, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 41 Motion for Leave to File Excess Pages for Reply In Support of Motion for Preliminary Injunction. (BG) (Entered: 07/31/2019)	RECAP
44	July 31, 2019	REPLY to Response to Motion re 6 MOTION for Preliminary Injunction Plaintiffs' Reply in Support of Motion for Preliminary Injunction filed by Access Independent Health Services, Inc., American Medical Association, Kathryn L. Eggleston, MD. (Attachments: # 1 Exhibit A Supplemental Declaration of Courtney Schreiber, M.D.)(Alexander, Lauren) Modified on 8/20/2019 to remove duplicate exhibit text (js). (Entered: 07/31/2019)	RECAP
45	July 31, 2019	NOTICE by Wayne Stenehjem re 36 Response to Motion,, Notice of Errata (Attachments: # 1 Exhibit 3A - Obritsch CV)(Titus, Courtney) Modified on 8/20/2019 to remove duplicate exhibit text(js). (Entered: 07/31/2019)	RECAP
46	Aug. 16, 2019	AMENDED MOTION to Appear Pro Hac Vice Attorney Harold J. Cassidy (Filing fee $150, receipt number 119001249) by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (cjs) (Entered: 08/16/2019)	RECAP
47	Aug. 16, 2019	(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 46 Amended Motion to Appear Pro Hac Vice for Attorney Harold J. Cassidy. (cjs) (Entered: 08/16/2019)	RECAP
	Aug. 20, 2019	DOCKET CORRECTION re: 44 REPLY to RESPONSE to Motion. Modified entry to remove duplicate 'exhibit' text; 45 NOTICE. Modified entry to remove duplicate 'exhibit' text. (js)
	Aug. 20, 2019	Docket Correction
48	Aug. 22, 2019	(Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Scheduling Conference held on 8/22/2019. (BG) (Entered: 08/22/2019)	RECAP
49	Aug. 22, 2019	NOTICE of Hearing: Bench Trial set for 2/1/2021 at 9:00 AM in Bismarck Courtroom 1 before Magistrate Judge Clare R. Hochhalter. (BG) (Entered: 08/22/2019)	RECAP
50	Aug. 22, 2019	SCHEDULING ORDER by Magistrate Judge Clare R. Hochhalter. Discovery due by 4/20/2020. Discovery Motions due by 4/27/2020. Plaintiff(s) Expert Witness Disclosures and Reports due by 6/1/2020. Defendant(s) Expert Witness Disclosures and Reports due by 6/22/2020. Rebuttal Expert Disclosures due by 7/13/2020. Sur Rebbutal Expert Disclosures due by 7/20/2020. Discovery Depositions of Expert Witnesses due by 9/21/2020. Dispositive Motions due by 12/1/2020. (BG) (Main Document 50 replaced on 8/22/2019 to correct time of mid-discovery status conference) (cjs). Regenerated on 8/22/2019 (cjs). (Entered: 08/22/2019)	RECAP
51	Aug. 22, 2019	ORDER: Mid-Discovery Status Conference set for 12/17/2019 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(BG)	RECAP
52	Aug. 22, 2019	AMENDED NOTICE of Hearing: Bench Trial set for 2/1/2021 at 09:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (5 days) (amended to correct trial judge) (BG) (Entered: 08/22/2019)	RECAP
53	Aug. 22, 2019	ORDER: Final Pretrial Conference set for 1/19/2021 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)	RECAP
54	Aug. 22, 2019	MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Additional attachment(s) added on 8/23/2019: # 1 Proposed Answer) (am). NEF regenerated on 8/23/2019 (am). (Entered: 08/22/2019)	RECAP
55	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
56	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
57	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
58	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
59	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
60	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
61	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
62	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
63	Aug. 22, 2019	* RESTRICTED - WRONG EVENT SELECTED* MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
64	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
65	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
66	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
67	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
68	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
69	Aug. 22, 2019	RESTRICTED - WRONG EVENT SELECTED MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 (am). (Entered: 08/22/2019)	RECAP
70	Aug. 22, 2019	RESTRICTED - FILED IN ERROR ANSWER to Complaint by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center.(Cassidy, Harold) Modified on 8/23/2019 to restrict access (am). (Entered: 08/22/2019)	RECAP
71	Aug. 22, 2019	MEMORANDUM in Support re 54 MOTION to Intervene filed by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Attachments: # 1 Planned Parenthood Minn, N.D., S.D. et al v. Alpha Center, 213 Fed Appx. 508 (2007))(am) (Entered: 08/23/2019)	RECAP
72	Aug. 23, 2019	RESTRICTED - ERROR IN DOCUMENT AFFIDAVIT Smetana re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) Modified on 8/23/2019 to restrict access(am). (Entered: 08/23/2019)	RECAP
73	Aug. 23, 2019	AFFIDAVIT Smetana re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
74	Aug. 23, 2019	AFFIDAVIT Billings re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
75	Aug. 23, 2019	AFFIDAVIT Chandler re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
76	Aug. 23, 2019	AFFIDAVIT Pearson re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
77	Aug. 23, 2019	AFFIDAVIT Murphy re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Attachments: # 1 Exhibit 1 - list of physicians)(Cassidy, Harold) (Entered: 08/23/2019)	RECAP
78	Aug. 23, 2019	AFFIDAVIT Breen re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
79	Aug. 23, 2019	AFFIDAVIT Carson re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
80	Aug. 23, 2019	AFFIDAVIT Glessner re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
81	Aug. 23, 2019	AFFIDAVIT Godsey re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
82	Aug. 23, 2019	AFFIDAVIT Cota re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
83	Aug. 23, 2019	AFFIDAVIT Schott re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
84	Aug. 23, 2019	AFFIDAVIT Ruch re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
85	Aug. 23, 2019	AFFIDAVIT Kiefer re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Cassidy, Harold) (Entered: 08/23/2019)	RECAP
86	Aug. 23, 2019	AFFIDAVIT Cassidy re 54 MOTION to Intervene by David Billings, MD, Dakota Hope Clinic, National Institute of Family and Life Advocates (N.I.F.L.A.), North Dakota Physicians for Truth and Accuracy for Informed Consent, Eric Pearson, MD, Women's Pregnancy Center. (Attachments: # 1 Exhibit 1 - unpublished opinion, # 2 Exhibit 2 - brochure)(Cassidy, Harold) (Entered: 08/23/2019)	RECAP
	Aug. 23, 2019	DOCKET CORRECTION re: 55 MOTION to Intervene. Wrong event selected. Clerk's office restricted access to document, re-filed as MEMORANDUM in Support at 71, and separated attachment from main document. Re: 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 MOTION to Intervene. Wrong event selected. Clerk's office restricted access to documents and informed filer per telephone that documents need to be re-filed. Re: 70 ANSWER. Filed in error. Should have been filed as an attachment to Motion. Clerk's office restricted access to document and re-filed as attachment to MOTION to Intervene at 54 . (am)
	Aug. 23, 2019	Docket Correction

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Case Details

State / Territory:

North Dakota

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

American Medical Association, Access Independent Health Services, Red River Women's Clinic, Clinic Physician

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

State Attorney

Non-profit or advocacy

Dakota Hope Clinic

National Institute of Family and Life Advocates

North Dakota Physicians for Truth and Accuracy for Informed Consent

Private Entity/Person

Doctor

State

Attorney General

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

District of North Dakota 1:19-cv-00125

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

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

Recommended Citation

Case Summary of American Medical Association v. Stenehjem, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43155/ (last updated 2/10/2022).