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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 A…

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)

Documents in the Clearinghouse

Document
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

Resources

Docket

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

Last updated Nov. 21, 2022, 9:48 a.m.

ECF Number Description Date Link Date / Link
1

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

June 25, 2019

June 25, 2019

Clearinghouse
2

Summons Issued as to Birch Burdick, Wayne Stenehjem. (cjs) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

RECAP
3

Corporate Disclosure Statement by Access Independent Health Services, Inc., American Medical Association (no parent corporations). (cjs) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
4

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)

June 25, 2019

June 25, 2019

PACER
5

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)

June 25, 2019

June 25, 2019

PACER
6

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

June 25, 2019

June 25, 2019

PACER
7

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)

June 25, 2019

June 25, 2019

PACER
8

(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)

June 26, 2019

June 26, 2019

PACER
9

NOTICE of Appearance by Matthew A. Sagsveen on behalf of Wayne Stenehjem (Sagsveen, Matthew) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
10

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)

June 26, 2019

June 26, 2019

PACER
11

E-Filing Modification Request re 6 MOTION for Preliminary Injunction (cjs) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
12

(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)

June 26, 2019

June 26, 2019

PACER
13

*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)

June 26, 2019

June 26, 2019

PACER
14

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)

June 26, 2019

June 26, 2019

PACER
15

NOTICE of Appearance by Douglas B. Anderson on behalf of Wayne Stenehjem (Anderson, Douglas) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
16

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)

June 26, 2019

June 26, 2019

PACER
17

*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)

June 26, 2019

June 26, 2019

PACER
18

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)

June 26, 2019

June 26, 2019

PACER
19

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)

June 26, 2019

June 26, 2019

PACER
20

NOTICE of Appearance by Courtney Rebecca Titus on behalf of Wayne Stenehjem (Titus, Courtney) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
21

(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)

June 26, 2019

June 26, 2019

PACER

Docket Correction

June 26, 2019

June 26, 2019

PACER

DOCKET CORRECTION re: 7 Summons Returned Executed. Clerk's Office added filers Access Independent Health Services, Inc. and Kathryn L. Eggleston, MD. (cjs)

June 26, 2019

June 26, 2019

PACER
22

ORDER Setting Status Conference and Briefing on Motion for Preliminary Injunction by Chief Judge Daniel L. Hovland. (CM) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
23

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)

June 27, 2019

June 27, 2019

PACER

Docket Correction

June 27, 2019

June 27, 2019

PACER

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)

June 27, 2019

June 27, 2019

PACER
24

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)

June 28, 2019

June 28, 2019

PACER
25

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)

June 28, 2019

June 28, 2019

PACER
26

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)

June 28, 2019

June 28, 2019

PACER
27

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)

June 28, 2019

June 28, 2019

PACER
28

NOTICE of Appearance by Scott K. Porsborg on behalf of Birch Burdick (Porsborg, Scott) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
29

(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)

July 1, 2019

July 1, 2019

PACER

Set/Reset Deadlines: Birch Burdick answer due 7/17/2019. (cjs)

July 1, 2019

July 1, 2019

PACER

Set/Reset Deadlines

July 1, 2019

July 1, 2019

PACER
30

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)

July 8, 2019

July 8, 2019

PACER
31

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)

July 9, 2019

July 9, 2019

PACER
32

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)

July 10, 2019

July 10, 2019

PACER
33

STIPULATION Joint Stipulation by Wayne Stenehjem. (Anderson, Douglas) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
34

ORDER Adopting 33 Stipulation by Chief Judge Daniel L. Hovland. (CM) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

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)

July 12, 2019

July 12, 2019

PACER

Set/Reset Deadlines

July 12, 2019

July 12, 2019

PACER
35

RESPONSE to Motion re 6 MOTION for Preliminary Injunction filed by Birch Burdick. (Porsborg, Scott) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
36

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)

July 19, 2019

July 19, 2019

PACER
37

ANSWER to 1 Complaint, with Jury Demand by Birch Burdick.(Porsborg, Scott) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
38

ANSWER to 1 Complaint, Answer by Wayne Stenehjem.(Titus, Courtney) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
39

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)

July 30, 2019

July 30, 2019

PACER
40

(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)

July 30, 2019

July 30, 2019

PACER
41

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)

July 30, 2019

July 30, 2019

PACER

Docket Correction

July 30, 2019

July 30, 2019

PACER

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)

July 30, 2019

July 30, 2019

PACER
42

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) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

RECAP
43

(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)

July 31, 2019

July 31, 2019

PACER
44

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)

July 31, 2019

July 31, 2019

PACER
45

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)

July 31, 2019

July 31, 2019

PACER
46

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)

Aug. 16, 2019

Aug. 16, 2019

PACER
47

(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)

Aug. 16, 2019

Aug. 16, 2019

PACER

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

Aug. 20, 2019

PACER

Docket Correction

Aug. 20, 2019

Aug. 20, 2019

PACER
48

(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)

Aug. 22, 2019

Aug. 22, 2019

PACER
49

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)

Aug. 22, 2019

Aug. 22, 2019

PACER
50

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)

Aug. 22, 2019

Aug. 22, 2019

PACER
51

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) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

RECAP
52

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)

Aug. 22, 2019

Aug. 22, 2019

PACER
53

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) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

RECAP
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) (Additional attachment(s) added on 8/23/2019: # 1 Proposed Answer) (am). NEF regenerated on 8/23/2019 (am). (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
55

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
56

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
57

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
58

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
59

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
60

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
61

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
62

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
63

* 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)

Aug. 22, 2019

Aug. 22, 2019

PACER
64

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
65

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
66

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
67

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
68

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
69

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
70

*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)

Aug. 22, 2019

Aug. 22, 2019

PACER
71

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)

Aug. 22, 2019

Aug. 22, 2019

PACER
72

*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)

Aug. 23, 2019

Aug. 23, 2019

PACER
73

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
74

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
75

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
76

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
77

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
78

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
79

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
80

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
81

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
82

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
83

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
84

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
85

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)

Aug. 23, 2019

Aug. 23, 2019

PACER
86

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)

Aug. 23, 2019

Aug. 23, 2019

PACER

DOCKET CORRECTION re: 72 AFFIDAVIT. Error in document. Clerk's office restricted access to document per request of filer. (am)

Aug. 23, 2019

Aug. 23, 2019

PACER

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

Aug. 23, 2019

PACER

Case Details

State / Territory: North Dakota

Case Type(s):

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):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State Attorney (Cass), County

Doctor, Private Entity/Person

Dakota Hope Clinic (Ward), Non-profit or advocacy

Attorney General, State

North Dakota Physicians for Truth and Accuracy for Informed Consent, Non-profit or advocacy

National Institute of Family and Life Advocates, Non-profit or advocacy

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

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

General:

Abortion

Medical/Mental Health:

Medical care, general