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

Clearinghouse coding complete

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 healthcar…

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.

Summary Authors

John Juenemann (2/5/2022)

People

For PACER's information on parties and their attorneys, 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)

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

264 F.Supp.3d 813

Aug. 31, 2017

Aug. 31, 2017

Order/Opinion
173

1:17-cv-00690

Permanent Injunction and Final Judgement

280 F.Supp.3d 938

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

280 F.Supp.3d 938

Nov. 22, 2017

Nov. 22, 2017

Order/Opinion

17-51060

Order

U. S. Court of Appeals for the Fifth Circuit

972 F.3d 649

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

978 F.3d 896

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

10 F.4th 430

Aug. 18, 2021

Aug. 18, 2021

Order/Opinion

Resources

Docket

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

Last updated June 3, 2022, 3:16 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

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
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
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

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: July 20, 2017

Closing Date: Aug. 18, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Abortion Providers

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of Texas, State

District Attorney for Travis County (Travis), County

Criminal District Attorney for Bexar County (Bexar), County

District Attorney for El Paso County (El Paso), County

District Attorney for Dallas County (Dallas), County

Criminal District Attorney for Tarrant County (Tarrant), County

Criminal District Attorney for Hidalgo County (Hidalgo), County

Criminal District Attorney for McLennan County (McLennan), County

Criminal District Attorney for Harris County (Harris), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

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