WHOLE WOMAN'S HEALTH V. PAXTON | Civil Rights Litigation Clearinghouse

Case: Whole Woman's Health v. Paxton

1:17-cv-00690 | U.S. District Court for the Western District of Texas

Filed Date: July 20, 2017

Closed Date: Aug. 18, 2021

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Case Summary

This is a case about a 2017 Texas law that effectively banned the most commonly-performed second-trimester abortion procedure, standard dilation & evacuation (D&E), by requiring "fetal demise" before the evacuation portion of the procedure (the law, 2017 SB8, is not to be confused with 2021 SB8 which authorized private monetary penalties on providers of nearly all abortions performed after 6 weeks). On July 20, 2017, Whole Women's Health, Planned Parenthood, and other individual Texas healthcare providers filed this lawsuit in the Western District of Texas. The healthcare providers sued the Attorney General of Texas and the District Attorneys for of Travis, Bexar, El Paso, Dallas, Tarrant, Hidalgo, McLennan, and Harris counties, under 28 U.S.C. § 1983. Represented by the Center for Reproductive Rights, Planned Parenthood Federation of America, and private counsel, the providers sought an injunction preventing the AG from enforcing the law, claiming that the 2017 Texas law placed an undue burden on the constitutional right to a previability abortion in violation of the Due Process Clause of the 14th Amendment. On the same day, the healthcare providers sought a temporary restraining order or preliminary injunction to stop the Texas government officials from enforcing the law.

On August 18, 2017, the healthcare providers filed an amended complaint. The amendment identified by name a healthcare provider previously referred to as Jane Doe.

The district court granted a temporary restraining order enjoining the law's enforcement on August 31, 2017. Judge Lee Yeakel found that on the "thin" record before him: (1) Whole Women's Health had a substantial likelihood of showing that the ban on standard D&Es placed an undue burden on the Constitutional right to an abortion. (2) There was a substantial threat plaintiffs would suffer irreparable injury by being required to perform more risky and untested second-trimester abortion procedures. (3) The threatened injury would outweigh any damage the order might cause the State. (4) Finally, the order would not disserve the public interest by "giv[ing] the parties ample opportunity to developt the record regarding the constitutional questions raise without subjecting [the abortion providers] or the public to any of the act's potential harms." The parties then agreed to proceed to a trial on the merits rather than receive a decision on a preliminary injunction, and discovery continued.

After a five-day bench trial, the district court entered an order permanently enjoining the enforcement of the 2017 law on November 11. The court surveyed the alternatives to standard D&E abortions that would have been legal if the law banning standard D&Es had gone into effect, concluding they were all dangerous and/or experimental. Therefore, the court reasoned, the law presented an undue burden to second-trimester abortions –– it required women seeking one to undergo a "risky, invasive, and experimental" procedure instead of the safe and standard D&E procedure. As a result, the law was facially unconstitutional and void. 280 F.Supp.3d 938.

Texas immediately appealed to the U.S. Court of Appeals for the Fifth Circuit. After the U.S. Supreme Court decided June Medical Servs. LLC v. Russo, 140 S. Ct. 2103 (2020) on June 29, 2020, the state sought a stay of the district court judgment, reasoning that June Medical modified the undue burden standard on which it rested. June Medical was a 4-1-4 decision. The four dissenters and the concurrence rejected the Casey undue burden cost-benefit balancing test in favor of a new test inquiring only into the burdens of an abortion regulation. The plurality applied the traditional balancing test, and agreed with the concurrence that the statute in question placed an undue burden on the constitutional right to an abortion.

On August 21, 2020, Fifth Circuit Judge Carl Stewart declined to issue the stay because, he explained, the dissent/concurrence burden-only standard did not amount to "a new controling rule as to how to perform the undue-burden test." The court of appeals also determined that the state should have moved first for a stay in the district court, such that its motion for a stay in the court of appeals was defective. 972 F.3d 649. Judge James Dennis concurred, and Judge Don Willett dissented.

On October 13, 2020, the court of appeals panel affirmed the district court decision, leaving the permanant injunction in place. Judge Dennis wrote the majority opinon with which Judge Stewart concurred and Judge Willett dissented. First, the court again declined to apply any undue burden framework from June Medical. Proceeding to the merits under the balancing test from Casey and its progeny, the court of appeals agreed with the district court that the Texas law would place an undue burden on women seeking a second-trimester abortion. The court then addressed the state's argument that the district court erred in granting facial relief in enjoining enforcement of the entire statute. The court affirmed the district court's granting of facial relief beacuse the law operated as a substantial obstacle for all women seeking second-trimester abortions ––overcoming the "large fraction" requirement for a court to grant facial relief. 978 F.3d 896.

After an en banc rehearing, the Fifth Circuit vacated the district court's opinion on August 18, 2021. In a majority opinion by Judge Jenniver Walker Elrod and Judge Willett, the court of appeals found the district court erred in four ways: (1) its opinion did not apply the June Medical burden-only test, which the court of appeals found to be controlling; (2) in disregarding legitimate state interests in the health and safety of the woman seeking the abortion, the dignity of the fetus, societal and medical ethics, and informed consent; (3) in improperly concluding the standard D&E procedure is the only safe second-trimester abortion procedure rather than one of many; and (4) in incorrectly conducting the "substantial burden" test required for facial relief by ignoring women who were pregnant, but not seeking abortion, in its analysis. The court of appeals did not remand the case to the district court, but simply declared the law constitutional. 10 F.4th 430 (Aug. 18, 2021). The plaintiffs did not seek review in the Supreme Court.

The case is now closed.

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Summary Authors

John Juenemann (2/5/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6146556/parties/whole-womans-health-v-paxton/

Attorneys(s) for Defendant

Paxton, Ken (Texas)

Attorneys(s) for Defendant

Paxton, Ken (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:17-cv-00690	Complaint Whole Women's Health v. Paxton	July 20, 2017	July 20, 2017 Complaint
47 1:17-cv-00690	First Amended Complaint Whole Women's Health v. Paxton	Aug. 18, 2017	Aug. 18, 2017 Complaint
59 1:17-cv-00690	Temporary Restraining Order	Aug. 31, 2017	Aug. 31, 2017 Order/Opinion
173 1:17-cv-00690	Permanent Injunction and Final Judgement	Nov. 22, 2017	Nov. 22, 2017 Order/Opinion
174 1:17-cv-00690	Notice of Appeal	Nov. 22, 2017	Nov. 22, 2017 Notice Letter
172 1:17-cv-00690	Memorandum Opinion Incorporating Findings of Fact and Conclusions of Law	Nov. 22, 2017	Nov. 22, 2017 Order/Opinion
17-51060	Order U. S. Court of Appeals for the Fifth Circuit	Aug. 21, 2020	Aug. 21, 2020 Order/Opinion
17-51060	Appeal from the United States District Court for the Western District of Texas U. S. Court of Appeals for the Fifth Circuit	Oct. 13, 2020	Oct. 13, 2020 Order/Opinion
1:17-cv-00690 17-51060	Appeal from the United States District Court for the Western District of Texas U. S. Court of Appeals for the Fifth Circuit	Aug. 18, 2021	Aug. 18, 2021 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Whole Women's Health v. Paxton Center for Reproductive Rights	This case was a challenge to a Texas ban on the standard procedure for abortion care after about 14-15 weeks. The Center for Reproductive Rights and Planned Parenthood filed the lawsuit in federal di…	Jan. 9, 2022	Jan. 9, 2022 https://reproductiverights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6146556/whole-womans-health-v-paxton/

Last updated March 4, 2023, 3:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 400 receipt number 0542-9799194), filed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, Curtis Boyd, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, Alamo City Surgery Center PLLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(O'Connell, Patrick) (Entered: 07/20/2017) 1 Exhibit 1 View on PACER 2 Civil Cover Sheet View on PACER	July 20, 2017	July 20, 2017 Clearinghouse
2	REQUEST FOR ISSUANCE OF SUMMONS by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
3	JS44 (Civil Cover Sheet) submitted by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
4	RULE 7 DISCLOSURE STATEMENT filed by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
5	MOTION for Leave to Exceed Page Limitation by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
6	MOTION for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(O'Connell, Patrick) (Attachment 3 replaced on 7/27/2017) (klw). (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
7	NOTICE of Attorney Appearance by Patrick J. O'Connell on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
8	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Janet Crepps ( Filing fee $ 100 receipt number 0542-9799463) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
9	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Molly Duane ( Filing fee $ 100 receipt number 0542-9799507) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
10	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell J. Alexander Lawrence ( Filing fee $ 100 receipt number 0542-9799535) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
11	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Melissa Cohen ( Filing fee $ 100 receipt number 0542-9799547) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
12	MOTION for Protective Order by Alamo City Surgery Center PLLC, Curtis Boyd, Alan Braid, M.D., Jane Doe, Bhavik Kumar, Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (Attachments: # 1 Declaration)(O'Connell, Patrick) (Entered: 07/20/2017) 1 Declaration View on PACER	July 20, 2017	July 20, 2017 PACER
13	Summons Issued as to Jaime Esparza, Faith Johnson, Nicholas LaHood, Margaret Moore, Kim Ogg, Ken Paxton, Abelino Reyna, Ricardo Rodriguez, Jr, Sharen Wilson. (afd) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
	Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)	July 20, 2017	July 20, 2017 PACER
14	ORDER, (Conference set for 7/26/2017 03:00 PM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (ml) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017 PACER
15	ORDER GRANTING 8 Motion for Janet Crepps to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (ml) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
16	ORDER GRANTING 9 Motion for Molly Duane to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (ml) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
17	ORDER GRANTING 10 Motion for J. Alexander Lawrence to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (ml) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
18	ORDER GRANTING 11 Motion for Melissa Cohen to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (ml) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
19	ORDER GRANTING 5 Motion to Exceed Page Limits for Motion for a Preliminary Injunction or, in the Alternative, a Temporary Restraining Order. Signed by Judge Lee Yeakel. (ml) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
33	Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference in Chambers held on 7/26/2017. Motions ruled on. Written Order to follow. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) Modified on 8/4/2017 to correct date held (so). (Entered: 07/31/2017)	July 26, 2017	July 26, 2017 PACER
20	NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Ken Paxton. Attorney Darren L. McCarty added to party Ken Paxton(pty:dft) (McCarty, Darren) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
21	Unopposed MOTION for Extension of Time to File Response to 6 Motion for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support by Ken Paxton. (Attachments: # 1 Proposed Order Proposed Order)(McCarty, Darren) Modified on 7/28/2017 to edit text (ml). (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
22	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Jaime Esparza served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
23	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Faith Johnson served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
24	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Nicholas LaHood served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
25	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Margaret Moore served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
26	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Kim Ogg served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
27	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Ken Paxton served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
28	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Abelino Reyna served on 7/21/2017, answer due 8/11/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
29	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Ricardo Rodriguez, Jr served on 7/24/2017, answer due 8/14/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
30	SUMMONS Returned Executed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Jane Doe, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC. Sharen Wilson served on 7/24/2017, answer due 8/14/2017. (O'Connell, Patrick) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
31	ORDER GRANTING 21 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (ml) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
32	Response in Opposition to Motion, filed by Ken Paxton, re 12 MOTION for Protective Order filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Jane Doe, M.D., M.A.S., Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 07/28/2017) 1 Proposed Order View on PACER	July 28, 2017	July 28, 2017 PACER
34	Scheduling Recommendations/Proposed Scheduling Order Joint Report Regarding Case Management Plan and Scheduling Order by Ken Paxton. (Attachments: # 1 Exhibit Exhibit A - Defendant's First Written Discovery to Plaintiff, # 2 Proposed Order Exhibit B - Plaintiffs' Proposed Scheduling Order, # 3 Proposed Order Exhibit C - Defendant's Proposed Scheduling Order)(McCarty, Darren) (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
35	REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health, re 12 MOTION for Protective Order filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Jane Doe, M.D., M.A.S., Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (O'Connell, Patrick) (Entered: 08/03/2017)	Aug. 3, 2017	Aug. 3, 2017 RECAP
36	ORDER, Set Motion Hearing for 6 MOTION for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support ( Motion Hearing set for 8/29/2017 09:30 AM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (ml) (Entered: 08/03/2017)	Aug. 3, 2017	Aug. 3, 2017 PACER
37	Transcript filed of Proceedings held on July 26, 2017, Proceedings Transcribed: Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/25/2017, Redacted Transcript Deadline set for 9/5/2017, Release of Transcript Restriction set for 11/2/2017, (Rodriguez, Arlinda) (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017 PACER
38	NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of Ken Paxton. Attorney Andrew Bowman Stephens added to party Ken Paxton(pty:dft) (Stephens, Andrew) (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 PACER
39	STIPULATION for Non-Enforcement Pending Final Resolution by Margaret Moore. (Eiserloh, Laurie) (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 PACER
40	Unopposed MOTION for Leave to Exceed Page Limitation by Faith Johnson, Ken Paxton, Abelino Reyna, Sharen Wilson. (Attachments: # 1 Proposed Order)(Stephens, Andrew) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
41	Response in Opposition to Motion, filed by Ken Paxton, re 6 MOTION for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Jane Doe, M.D., M.A.S., Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Stephens, Andrew) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
42	ANSWER to 1 Complaint, by Ken Paxton.(Stephens, Andrew) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
43	NOTICE of Attorney Appearance by Christopher D. Hilton on behalf of Faith Johnson, Abelino Reyna, Sharen Wilson. Attorney Christopher D. Hilton added to party Faith Johnson(pty:dft), Attorney Christopher D. Hilton added to party Abelino Reyna(pty:dft), Attorney Christopher D. Hilton added to party Sharen Wilson(pty:dft) (Hilton, Christopher) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
44	ANSWER to 1 Complaint, by Faith Johnson, Abelino Reyna, Sharen Wilson.(Hilton, Christopher) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
45	ORDER DENYING 12 Motion for a Protective Order. Signed by Judge Lee Yeakel. (ml) (Entered: 08/15/2017)	Aug. 15, 2017	Aug. 15, 2017 Clearinghouse
46	ORDER GRANTING 40 Motion for Leave to Exceed Page Limit. Signed by Judge Lee Yeakel. (ml) (Entered: 08/15/2017)	Aug. 15, 2017	Aug. 15, 2017 PACER
47	AMENDED COMPLAINT against Jaime Esparza, Faith Johnson, Nicholas LaHood, Margaret Moore, Kim Ogg, Ken Paxton, Abelino Reyna, Ricardo Rodriguez, Jr, Sharen Wilson amending 1 Complaint,., filed by Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Whole Woman's Health, Southwestern Women's Surgery Center, Planned Parenthood of Greater Texas Surgical Health Services, Robin Wallace, M.D., M.A.S., Curtis Boyd, MD, Planned Parenthood South Texas Surgical Center, Bhavik Kumar, M.D., M.P.H., Alamo City Surgery Center PLLC.(O'Connell, Patrick) Modified on 8/18/2017 to modify parties (td). (Entered: 08/18/2017)	Aug. 18, 2017	Aug. 18, 2017 Clearinghouse
48	Unopposed MOTION for Leave to Exceed Page Limitation for Reply in Support of a Temporary Restraining Order by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health. (O'Connell, Patrick) (Entered: 08/18/2017)	Aug. 18, 2017	Aug. 18, 2017 PACER
49	REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Whole Woman's Health, re 6 MOTION for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Jane Doe, M.D., M.A.S., Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (O'Connell, Patrick) (Entered: 08/18/2017)	Aug. 18, 2017	Aug. 18, 2017 PACER
50	Unopposed MOTION to Disclose by Ken Paxton. (Attachments: # 1 Proposed Order)(Stephens, Andrew) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
51	ANSWER to 47 Amended Complaint,, by Ken Paxton.(Stephens, Andrew) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
52	Unopposed MOTION for Protective Order by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
53	ANSWER to 47 Amended Complaint,, by Faith Johnson, Abelino Reyna, Sharen Wilson.(Hilton, Christopher) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
54	ORDER GRANTING 48 Motion for Leave to Exceed Page Limits for Reply in Support of a Temporary Restraining Order. Signed by Judge Lee Yeakel. (ml) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
55	CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (ml) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
56	ORDER GRANTING 50 Motion to Disclose. Signed by Judge Lee Yeakel. (ml) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
57	MOTION to Compel by Ken Paxton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Stephens, Andrew) (Entered: 08/28/2017)	Aug. 28, 2017	Aug. 28, 2017 PACER
58	Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 8/29/2017 re 6 MOTION for Temporary Restraining Order or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Alamo City Surgery Center PLLC, Nova Health Systems, Inc., Bhavik Kumar, M.D., M.P.H., Southwestern Women's Surgery Center, Jane Doe, M.D., M.A.S., Curtis Boyd, M.D., Whole Woman's Health, Planned Parenthood South Texas Surgical Center, Alan Braid, M.D. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(ml) (Entered: 08/29/2017)	Aug. 29, 2017	Aug. 29, 2017 PACER
59	ORDER GRANTING IN PART 6 Motion for a Preliminary Injunction or, In the Alternative, a Temporary Restraining Order. To the extent that Plaintiffs' request for a temporary restraining order is GRANTED. Signed by Judge Lee Yeakel. (ml) (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 Clearinghouse
	Set Deadlines/Hearings: Preliminary Injunction Hearing set for 9/14/2017 09:00 AM before Judge Lee Yeakel, Status Conference set for 9/11/2017 09:30 AM before Judge Lee Yeakel. (ml)	Aug. 31, 2017	Aug. 31, 2017 PACER
60	MOTION to Compel Discovery Responses by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
61	Transcript filed of Proceedings held on August 29, 2017, Proceedings Transcribed: Temporary Restraining Order. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/26/2017, Redacted Transcript Deadline set for 10/6/2017, Release of Transcript Restriction set for 12/4/2017, (Rodriguez, Arlinda) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
62	Unopposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Opposition to Defendant Paxton's Motion to Compel by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
63	Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health, re 57 MOTION to Compel filed by Defendant Ken Paxton (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(O'Connell, Patrick) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
66	Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference in Chambers held on 9/5/2017 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(ml) (Entered: 09/06/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
64	DEFICIENCY NOTICE: for Patrick J. O'Connell re 63 Response in Opposition to Motion. (ml) (Entered: 09/06/2017)	Sept. 6, 2017	Sept. 6, 2017 PACER
65	ATTACHMENT (Proposed Order) to 63 Response in Opposition to Motion,, 64 Deficiency Notice by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/06/2017)	Sept. 6, 2017	Sept. 6, 2017 PACER
67	Joint MOTION to Set Trial by Ken Paxton. (Attachments: # 1 Proposed Order)(Stephens, Andrew) (Entered: 09/07/2017)	Sept. 7, 2017	Sept. 7, 2017 PACER
68	NOTICE of Filing: Proposed Scheduling Order by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health (O'Connell, Patrick) (Entered: 09/08/2017)	Sept. 8, 2017	Sept. 8, 2017 PACER
69	Response in Opposition to Motion, filed by Faith Johnson, Abelino Reyna, Sharen Wilson, re 60 MOTION to Compel Discovery Responses filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Robin Wallace, M.D., M.A.S., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (Hilton, Christopher) (Entered: 09/08/2017)	Sept. 8, 2017	Sept. 8, 2017 PACER
70	Scheduling Recommendations/Proposed Scheduling Order by Ken Paxton. (Attachments: # 1 Proposed Order)(Biggs, Adam) (Entered: 09/10/2017)	Sept. 10, 2017	Sept. 10, 2017 PACER
71	REPLY to Response to Motion, filed by Ken Paxton, re 57 MOTION to Compel filed by Defendant Ken Paxton (Ardolino, Emily) (Additional attachment(s) added on 9/21/2017: # 1 SEALED Exhibit A, # 2 SEALED Exhibit B, # 3 SEALED Exhibit C, # 4 SEALED Exhibit D, # 5 SEALED Exhibit E, # 6 SEALED Exhibit F, # 7 SEALED Exhibit G, # 8 SEALED Exhibit H, # 9 SEALED Exhibit I, # 10 SEALED Exhibit J, # 11 SEALED Exhibit K, # 12 SEALED Exhibit L) (ml). (Attachment 1 replaced on 3/23/2018) (klw). (Attachment 2 replaced on 3/23/2018) (klw). (Attachment 3 replaced on 3/23/2018) (klw). (Attachment 4 replaced on 3/23/2018) (klw). (Attachment 5 replaced on 3/23/2018) (klw). (Attachment 6 replaced on 3/23/2018) (klw). (Attachment 7 replaced on 3/23/2018) (klw). (Additional attachment(s) added on 3/23/2018: # 13 SEALED Page 22 of Exhibit A, # 14 SEALED Page 26 of Exhibit B, # 15 SEALED Page 23 of Exhibit C, # 16 SEALED Page 23 of Exhibit D, # 17 SEALED Pages 27-28 of Exhibit E, # 18 SEALED Page 24 of Exhibit F, # 19 SEALED Page 22 of Exhibit G) (klw). (Attachment 14 replaced on 3/23/2018) (klw). Modified on 3/23/2018 to unseal portions pursuant to 189 USCA Order. (klw). (Entered: 09/10/2017)	Sept. 10, 2017	Sept. 10, 2017 PACER
72	Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Exhibit A, # 2 Sealed Document Exhibit B, # 3 Sealed Document Exhibit C, # 4 Sealed Document Exhibit D, # 5 Sealed Document Exhibit E, # 6 Sealed Document Exhibit F, # 7 Sealed Document Exhibit G, # 8 Sealed Document Exhibit H, # 9 Sealed Document Exhibit I, # 10 Sealed Document Exhibit J, # 11 Sealed Document Exhibit K, # 12 Sealed Document Exhibit L) (Stephens, Andrew) (Attachment 1 replaced on 3/23/2018) (klw). (Attachment 2 replaced on 3/23/2018) (klw). (Attachment 3 replaced on 3/23/2018) (klw). (Attachment 4 replaced on 3/23/2018) (klw). (Attachment 5 replaced on 3/23/2018) (klw). (Attachment 6 replaced on 3/23/2018) (klw). (Attachment 7 replaced on 3/23/2018) (klw). (Additional attachment(s) added on 3/23/2018: # 13 SEALED Page 22 of Exhibit A, # 14 SEALED Page 26 of Exhibit B, # 15 SEALED Page 23 of Exhibit C, # 16 SEALED Page 23 of Exhibit D, # 17 SEALED Pages 27-28 of Exhibit E, # 18 SEALED Page 24 of Exhibit F, # 19 SEALED Page 22 of Exhibit G) (klw). Modified on 3/23/2018 to unseal portions pursuant to 189 USCA Order. (klw). (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
73	ORDER GRANTING 67 Joint MOTION to Set Trial filed by Ken Paxton. Temporary Restraining Order signed August 31, 2017 59 is EXTENDED through November 22, 2017, at 5:00 p.m., (Bench Trial set for 11/2/2017 09:00 AM before Judge Lee Yeakel,) CANCELLING preliminary injunction hearing set for September 14, 2017 at 9:00a.m. Signed by Judge Lee Yeakel. (ml) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
74	ORDER GRANTING 62 Motion for Leave to Exceed Page Limit. Signed by Judge Lee Yeakel. (ml) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
75	DEFICIENCY NOTICE: for Andrew Bowman Stephens re 72 Unopposed Motion for leave to File Sealed Document (ml) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
76	Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 9/11/2017 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(ml) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
77	ATTACHMENT Proposed Order to 72 Unopposed Motion for leave to File Sealed Document by Ken Paxton. (Stephens, Andrew) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
78	ORDER WITHDRAWING 60 Motion to Compel Discovery Responses. Signed by Judge Lee Yeakel. (ml) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
79	Transcript filed of Proceedings held on September 5, 2017, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/5/2017, Redacted Transcript Deadline set for 10/16/2017, Release of Transcript Restriction set for 12/13/2017, (Rodriguez, Arlinda) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
80	Transcript filed of Proceedings held on September 11, 2017, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/5/2017, Redacted Transcript Deadline set for 10/16/2017, Release of Transcript Restriction set for 12/13/2017, (Rodriguez, Arlinda) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
81	NOTICE of Attorney Appearance by Josephine L. Ramirez on behalf of Ricardo Rodriguez, Jr. Attorney Josephine L. Ramirez added to party Ricardo Rodriguez, Jr(pty:dft) (Ramirez, Josephine) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
82	NOTICE of Filing: Agreed Scheduling Order by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health (O'Connell, Patrick) (Entered: 09/18/2017)	Sept. 18, 2017	Sept. 18, 2017 PACER
83	SCHEDULING ORDER: Bench Trial set for 11/2/2017 at 9:00 AM before Judge Lee Yeakel, Final Pretrial Conference set for 11/1/2017 at 1:30 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td) (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
84	MOTION for Protective Order by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (Attachments: # 1 Exhibit A-Lambrecht Decl, # 2 Exhibit B-Hons Decl, # 3 Exhibit C-Linton Decl., # 4 Proposed Order Proposed Order)(Cohen, Melissa) (Additional attachment(s) added on 9/21/2017: # 5 SEALED Exhibit 1, # 6 SEALED Exhibit 2, # 7 SEALED Exhibit 3, # 8 SEALED Exhibit 4, # 9 SEALED Exhibit 5, # 10 SEALED Exhibit 6, # 11 SEALED Exhibit 7) (ml). (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
85	Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Ex. 1-PPCFC, # 2 Sealed Document Ex. 2-PPGTSHS, # 3 Sealed Document Ex. 3-PPSTSC, # 4 Sealed Document Ex. 4-Alamo, # 5 Sealed Document Ex. 5-RS, # 6 Sealed Document Ex. 6-SWSC, # 7 Sealed Document Ex. 7-WWH, # 8 Proposed Order Proposed Order) (Cohen, Melissa) Modified on 3/23/2018 to unseal portions pursuant to 189 USCA Order (klw). (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
86	NOTICE of Filing Discovery Letters by Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health (Attachments: # 1 Exhibit Ex. A Defendants' Letter, # 2 Exhibit Ex. B Plaintiffs' Letter, # 3 Exhibit Ex. C Plaintiffs' Letter)(Cohen, Melissa) (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
87	Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 9/20/2017 in Courtroom (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(ml) (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
88	Amended Proposed Order for 57 MOTION to Compel by Ken Paxton (so) (Entered: 09/21/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
89	ORDER GRANTING 72 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (ml) (Entered: 09/21/2017)	Sept. 21, 2017	Sept. 21, 2017 PACER
90	ORDER GRANTING 85 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (ml) (Entered: 09/21/2017)	Sept. 21, 2017	Sept. 21, 2017 PACER
91	AFFIDAVIT OF SPECIAL MASTER PURSUANT TO RULE 53(B)(3)(a). (ml) (Entered: 09/22/2017)	Sept. 22, 2017	Sept. 22, 2017 PACER
92	ORDER APPOINTING MASTER Karl Bayer as Special Master. Signed by Judge Lee Yeakel. (Attachments: # 1 CV of Karl Bayer)(ml) (Entered: 09/22/2017)	Sept. 22, 2017	Sept. 22, 2017 PACER
93	Transcript filed of Proceedings held on September 20, 2017, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2017, Redacted Transcript Deadline set for 10/26/2017, Release of Transcript Restriction set for 12/26/2017, (Rodriguez, Arlinda) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
94	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell ; Jennifer Keighley ( Filing fee $ 100 receipt number 0542-10015513) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services. (O'Connell, Patrick) (Entered: 09/26/2017)	Sept. 26, 2017	Sept. 26, 2017 PACER
95	Memorandum in Opposition to Motion, filed by Ken Paxton, re 84 MOTION for Protective Order filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Planned Parenthood Center for Choice, Plaintiff Robin Wallace, M.D., M.A.S., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Nova Health Systems, Inc., Plaintiff Bhavik Kumar, M.D., M.P.H., Plaintiff Southwestern Women's Surgery Center, Plaintiff Jane Doe, M.D., M.A.S., Plaintiff Curtis Boyd, M.D., Plaintiff Whole Woman's Health, Plaintiff Planned Parenthood South Texas Surgical Center, Plaintiff Alan Braid, M.D. (Biggs, Adam) (Entered: 09/26/2017)	Sept. 26, 2017	Sept. 26, 2017 PACER
96	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Christine Parker ( Filing fee $ 100 receipt number 0542-10021583) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Jane Doe, M.D., M.A.S., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
97	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell David Brown ( Filing fee $ 100 receipt number 0542-10021676) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
98	MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Hillary Schneller ( Filing fee $ 100 receipt number 0542-10021698) by on behalf of Alamo City Surgery Center PLLC, Curtis Boyd, MD, Alan Braid, M.D., Bhavik Kumar, M.D., M.P.H., Nova Health Systems, Inc., Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Southwestern Women's Surgery Center, Robin Wallace, M.D., M.A.S., Whole Woman's Health. (O'Connell, Patrick) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER