Case: Falls Church Medical Center, LLC v. Oliver

3:18-cv-00428 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 20, 2018

Closed Date: July 28, 2020

Clearinghouse coding complete

Case Summary

This case, brought in the U.S. District Court for the Eastern District of Virginia on June 20, 2018, challenged the constitutionality of several Virginia statutes and regulations that governed the provision of abortion care throughout the state. The plaintiffs were a series of Virginia healthcare providers that provided elective abortion care, gynelogical, and family planning services. Represented by the ACLU, the Center for Reproductive Rights, Planned Parenthood, and a private law firm, plain…

This case, brought in the U.S. District Court for the Eastern District of Virginia on June 20, 2018, challenged the constitutionality of several Virginia statutes and regulations that governed the provision of abortion care throughout the state. The plaintiffs were a series of Virginia healthcare providers that provided elective abortion care, gynelogical, and family planning services. Represented by the ACLU, the Center for Reproductive Rights, Planned Parenthood, and a private law firm, plaintiffs sought declaratory and injunctive relief to enjoin enforcement of licensing provisions, oversight regulations, and statutes related to abortion care, along with state criminal laws enacted to enforce these statutes and regulations. Plaintiffs named nine Virginia state and local officials with enforcement power over these regulations in their official capacity as defendants. The case was assigned to Judge Henry E. Hudson.

The plaintiffs challenged four statutory provisions. First, Va. Code Ann. § 32.1-127(B)(1) (the “Licensing Statute”) classified any facility “in which five or more first trimester abortions per month are performed” as a “hospital.” It required the Virginia Board of Health to establish and promulgate minimum standards for facility licensing. The regulations stemming from this statute (the “Licensing Regulations”) included a definition of “hospital” that required specific maintenance, staffing, equipping, training, and other standards. An additional regulatory provision authorized agents of the Virginia Department of Health to enter abortion facilities and conduct inspections under certain circumstances.

Second, Va. Code Ann. § 18.2-73 (the “Hospital Requirement”) and its associated regulations required all second trimester abortions to be performed in general or outpatient surgical hospitals, making it lawful for a licensed physician to provide a second trimester abortion so long as it was conducted in a Virginia Department of Health (VDH)-licensed hospital. By function of the regulations, however, second trimester abortions could not be conducted in abortion care facilties, even those categorized as a “hospital.” 

Third, Va. Code Ann. § 18.2-72 (the “Physician-Only Law”) permitted only physicians licensed by the Virginia Board of Medicine to perform abortion procedures in the state, precluding other licensed medical professionals (such as Nurse Practitioners and Physicians Assistants) from doing so. 

Fourth, Va. Code Ann. § 18.2-76 (the “Two-Trip Mandatory Delay Law”) required that a woman receive an ultrasound at least twenty-four hours before an abortion if she lives less than 100 miles from the location where the procedure would be performed, with some limited exceptions. 

Plaintiffs alleged that the Licensing Statute, Licensing Regulations, Hospital Requirement, Physician-Only Law, and Two-Trip Mandatory Delay Law violated plaintiffs’ and their patients’ right to liberty and privacy as guaranteed by the Due Process Clause of the Fourteenth Amendment by imposing an undue burden on the fundamental right to choose abortion prior to viability. Plantiffs further alleged a cumulative burden claim in which all of the aforementioned statutes and regulations violated plaintiffs’ patients’ rights to liberty and privacy as guaranteed by the Fourteenth Amendment because they had the unlawful purpose and effect of imposing an undue burden on the fundamental right to choose abortion before viability. 

Additionally, plaintiffs alleged that the Hospital Requirement, in conjunction with associated criminal penalties, was unconstitutionally vague by failing to define the terms “hospital” and “second trimester of pregnancy,” thus violating plaintiffs’ and their patients’ Fourteenth Amendment due process rights. 

Finally, plaintiffs challenged the Licensing Regulations as an unconstitutional violation of plaintiffs’ and their patients’ right to be free from unreasonable searches and seizures under the Fourth Amendment, as they required the Virginia Department of Health to conduct at least biennial unannounced, warrantless inspections of plaintiff’ facilities without probable cause. 

In July 2018, defendants filed a motion to dismiss the Hospital Requirement claims for lack of standing, and moved to dismiss the remaining claims for relief for failure to state a claim. In the alternative, with respect to the challenge to the Licensing Regulations, defendants asked the court to abstain from action and dismiss without prejudice due to ongoing state, judicial, and administrative proceedings. 

Regarding the standing issue, defendants argued that each plaintiff facility statutorily qualified as a hospital, so they could not be subject to prosecution and thus could not establish an injury in fact. The court rejected this argument, holding that the alleged regulatory burden placed on abortion providers was enough to state a qualitatively sufficient, legally-protected interest. Even if defendants were correct that the plaintiff facilities would not be subject to criminal prosecution, the plaintiff physician still would be. 

However, the court granted defendants’ motion to dismiss the cumulative burden claim because “the collective impact of the statutes and regulations at issue” would not “be considered a separate claim for relief.” The court additionally dismissed the vagueness claim because the statutes, though not a “model of clarity,” still provided “ample guidance” as to what statutorily constitutes a hospital and the second trimester of pregnancy. The court declined to dismiss the remaining Fourteenth Amendment claims regarding the Hospital Requirement, the Physician-Only Law, and the Two-Trip Mandatory Delay Law. Additionally, the court allowed the Fourth Amendment claim to go forward because defendants did not adequately address this claim in their memoranda in support of the motion to dismiss. 

On September 30, 2019, after an eight day bench trial, Judge Hudson issued an opinion enjoining enforcement of the Licensing Statute, Licensing Regulations, and Hospital Requirement as to first trimester and pre-viability, non-surgical second trimester abortion procedures. However, the court did not find constitutional violations regarding the Physician-Only Law, the Two-Trip Mandatory Delay Law, or the facility inspection requirement. 412 F.Supp.3d 668.

The court determined that the Licensing Regulations imposed a significant monetary burden on plaintiffs and concluded that they serve “no valid state interest with respect to first trimester procedures,” thus violating the Due Process Clause of the Fourteenth Amendment. However, the court declined to invalidate the entire statutory and regulatory scheme for the licensing and hospital requirements because the evidence revealed that “the risk of complications increases with the progression of gestational development within the second trimester.” 

However, the court enjoined the Hospital Requirement as to pre-viability, non-surgical second trimester abortion procedures. It cited expert testimony stating that both first and second trimester abortions can be performed in an outpatient clinic, and it also noted that the Hospital Requirement was over 40 years old, when second trimester procedures were performed by induction. 

Regarding the Physician-Only Law, the court acknowledged that plaintiffs demonstrated that advanced practice clinicians (APCs) are capable of safely performing first trimester abortion procedures, and that “the requirement that the procedure be tundertaken by a physician is inconvenient, and perhaps for those living in more rural areas, a burden.” However, the court noted the extensive precedent (including Roe v. Wade) indicated that states have the right to determine what medical procedures should be performed by physicians. Although some burden existed, the evidence had not shown that “such a restruction has caused an undue burden on a significant number of women seeking abortion care.” Therefore, the court could not conclude that the Physician-Only Law was unconstitutional, for both first-trimester and second-trimester abortions. 

Similarly, despite evidence of significant burden, the court was not persuaded by a preponderance of the evidence that the Two-Trip Mandatory Delay Law amounted to a “substantial obstacle preventing women’s access to abortion in Virginia” in violation of the Fourteenth Amendment. The court acknowledged that the waiting period adds “logistical complexity to an existing myriad of hardships faced by those with limited resources and support networks,” but the state’s “profound interest in potential life” outweighed the burden in this case. 

Finally, the court rejected plaintiffs’ claim alleging that the Licensing Regulations violated the Fourth Amendment’s guarantee against unreasonable search and seizure. Plaintiffs had argued that their consent to the VDH inspections was necessarily involuntary and thus unreasonable. However, the court noted that “suspension of a license is not a certain consequence,” and an abortion facility can still refuse to grant entry to government inspectors if it chooses. Therefore, plaintiffs failed to establish that their consent to VDH inspections was involuntary and that a Fourth Amendment violation occurred. 

There was no appeal. Instead, following a 2019 election in which Democrats won control of the state legislature for the first time, the state legislature passed a new law, the Reproductive Health Protection Act.  Va. Code Ann. §§ 16.1-77, 18.2-72, 18.2-76, 32.1-127. The new statute repealed the remainder of the challenged laws in this case that the court had not already struck down. Therefore, the plaintiffs voluntarily dismissed the action on July 28, 2020.

This case is now closed.

Summary Authors

Zoe Goldstein (2/17/2022)

Documents in the Clearinghouse

Document
1

3:18-cv-00428

Complaint

June 20, 2018

June 20, 2018

Complaint
41

3:18-cv-00428

Amended Complaint

Sept. 4, 2018

Sept. 4, 2018

Complaint
52

3:18-cv-00428

Memorandum Opinion (Defendant's Motion to Dismiss Plaintiffs' Complaint)

346 F.Supp.3d 816

Sept. 26, 2018

Sept. 26, 2018

Order/Opinion
195

3:18-cv-00428

Memorandum Opinion (Post-Trial Judgment)

412 F.Supp.3d 668

Sept. 30, 2019

Sept. 30, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7439925/falls-church-medical-center-llc-v-oliver/

Last updated July 22, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, Robert Tracci, filed by plaintiffs Virginia League for Planned Parenthood, All Women's Richmond, Inc., Falls Church Medical Center, LLC, and Whole Woman's Health Alliance. (Filing fee: $400; receipt number 0422-6140715.) (Attachments: # 1 Civil Cover Sheet)(jtho, ) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

Clearinghouse
2

Financial Interest Disclosure Statement (Local Rule 7.1) by Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
3

Financial Interest Disclosure Statement (Local Rule 7.1) by Falls Church Medical Center, LLC. (Deady, Gail) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
4

Financial Interest Disclosure Statement (Local Rule 7.1) by All Women's Richmond, Inc.. (Deady, Gail) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
5

Financial Interest Disclosure Statement (Local Rule 7.1) by Virginia League for Planned Parenthood. (Deady, Gail) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
6

Motion to appear Pro Hac Vice by Jenny Ma and Certification of Local Counsel Gail Deady Filing fee $ 75, receipt number 0422-6145646. by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
7

Motion to appear Pro Hac Vice by Jennifer Sandman and Certification of Local Counsel Gail Deady Filing fee $ 75, receipt number 0422-6145688. by Virginia League for Planned Parenthood. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
8

Proposed Summons for Anton Bell by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
9

Proposed Summons for Michael Herring by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
10

Proposed Summons for M. Norman Oliver by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
11

Proposed Summons for Robert Payne by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
12

Proposed Summons for Faye O. Prichard by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
13

Proposed Summons for Theophani Stamos by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
14

Proposed Summons for Colin Stolle by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
15

Proposed Summons for Shannon Taylor by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
16

Proposed Summons for Robert Tracci by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
17

ORDER granting 6 and 7 Motions for Pro hac vice. Jenny Suhjin Ma appointed for All Women's Richmond, Inc., Falls Church Medical Center, LLC, and Whole Woman's Health Alliance. Jennifer Sandman appointed for Virginia League for Planned Parenthood. Signed by District Judge Henry E. Hudson on 6/25/2018. (jsmi, ) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
18

Summons Issued as to Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, and Robert Tracci. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsmi, ) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
19

SUMMONS Returned Executed. Anton Bell served on 6/26/2018, answer due 7/17/2018; Michael N. Herring served on 6/26/2018, answer due 7/17/2018; M. Norman Oliver served on 6/26/2018, answer due 7/17/2018; Robert Payne served on 6/26/2018, answer due 7/17/2018; Faye O. Prichard served on 6/27/2018, answer due 7/18/2018; Theophani Stamos served on 6/28/2018, answer due 7/19/2018; Colin Stolle served on 6/27/2018, answer due 7/18/2018; Shannon L. Taylor served on 6/26/2018, answer due 7/17/2018; Robert Tracci served on 6/26/2018, answer due 7/17/2018. (jsmi, ) (Entered: 07/03/2018)

June 29, 2018

June 29, 2018

PACER
20

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor. (McGuire, Matthew) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
21

Memorandum in Support re 20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor. (McGuire, Matthew) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
22

MOTION to Dismiss Plaintiff's Complaint by Robert Tracci. (jsmi, ) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

RECAP
23

Memorandum of Law in Support of 22 MOTION to Dismiss filed by Robert Tracci. (jsmi, ) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
24

Motion to appear Pro Hac Vice by Amy Myrick and Certification of Local Counsel Gail Deady Filing fee $ 75, receipt number 0422-6201266. by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
25

Memorandum in Opposition re 22 MOTION to Dismiss, 20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
26

ORDER granting 24 Motion for Pro hac vice Appointed Amy Myrick for All Women's Richmond, Inc.,Amy Myrick for Falls Church Medical Center, LLC,Amy Myrick for Whole Woman's Health Alliance. Signed by District Judge Henry E. Hudson on 07/30/2018. (tjoh, ) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
27

SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A - Initial Pretrial Conference set for 9/6/2018 at 1:00 PM before District Judge Henry E. Hudson (rpiz) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
28

REPLY to Response to Motion re 20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor. (McGuire, Matthew) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
29

ORDER that the Virginia Attorney General's Office is DIRECTED to provide the Court with any available information pertaining to the statutory or regulatory amendments referred to in Defendants' Reply Memorandum no later than 12 noon on August 30, 2018, with copies to counsel for Plaintiffs. The additional information should be submitted in memorandum format and sent directly to chambers. The memorandum should not be filed through ECF. Signed by District Judge Henry E. Hudson on 8/13/2018. (jsmi, ) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

RECAP
30

MOTION for Joinder of Additional Party and to Amend Complaint by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
31

Memorandum in Support re 30 MOTION for Joinder of Additional Party and to Amend Complaint filed by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Deady, Gail) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
32

MOTION for Protective Order for Dr. Jane Doe to Proceed under Pseudonym by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Deady, Gail) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
33

Memorandum in Support re 32 MOTION for Protective Order for Dr. Jane Doe to Proceed under Pseudonym filed by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Deady, Gail) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
34

Joint MOTION to Stay re 27 Scheduling Order [Suspend the Court's 8/1/2018 Scheduling Order] by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor. (Attachments: # 1 Proposed Order)(McGuire, Matthew) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
35

NOTICE of Appearance by Daniel Sean Trainor on behalf of All Women's Richmond, Inc., Falls Church Medical Center, LLC, Whole Woman's Health Alliance (Trainor, Daniel) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
36

Motion to appear Pro Hac Vice by Nathaniel Asher and Certification of Local Counsel D. Sean Trainor Filing fee $ 75, receipt number 0422-6234258. by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Trainor, Daniel) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
37

ORDER that this matter is before the Court on two Motions (ECF Nos. 30, 32), both filed by Plaintiffs on August 16, 2018. In their first Motion, Plaintiffs move to join an additional party and amend their Complaint. In their second Motion, they move for this Court to enter a protective order enabling Dr. Jane Doe to proceed under a pseudonym. Thus, in essence, Plaintiffs are seeking to join an additional permissive plaintiff to the case, they are requesting leave of Court to amend their Complaint (ECF No. 1 ) to reflect this addition, and they are requesting that the Court protect the new plaintiffs identity by permitting her to proceed anonymously. Pursuant to this Court's August 1, 2018 Scheduling Order (ECF No. 27 ) and Fed. R. Civ. P. 15(a)(2), and finding it appropriate to do so, the Court hereby GRANTS Plaintiffs' Motion to Join an Additional Party and Amend Complaint (ECF No. 30 ) (please see Order for additional information.) Having reviewed the reasons set forth in Plaintiffs' Motion and being satisfied that no argument is necessary prior to ruling on it, the Court hereby GRANTS Plaintiffs' Motion for a Protective Order for Dr. Jane Doe to Proceed under Pseudonym (ECF No. 32 ). See Fed. R. Civ. P. 78. In granting this Motion, the Court finds that the "reasonable fear of harassment, intimidation, and physical harm to [Dr. Jane Doe] and the members of her family," (Mem. in Supp. Pl.'s Mot. 4, ECF No. 33 ) outweighs the public's interest in openness and knowing the names of the litigants. In addition, the Court finds that there is little risk of unfairness to the Defendants, each of whom is a government official, by permitting Dr. Jane Doe to proceed under this pseudonym. Accordingly, Plaintiffs are DIRECTED to file their Amended Complaint within fourteen (14) days of this Order. Further, the Clerk is DIRECTED to send a copy of this Order to all counsel of record. It is so ORDERED. Signed by District Judge Henry E. Hudson on 08/20/2018. (walk, ) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
38

ORDER granting 36 Motion for Pro hac vice Appointed Nathaniel Asher for All Women's Richmond, Inc.,Nathaniel Asher for Falls Church Medical Center, LLC, Nathaniel Asher for Whole Woman's Health Alliance. Signed by District Judge Henry E. Hudson on 08/20/2018. (tjoh, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
39

ORDER Granting 34 Joint Motion to Suspend the Court's August 1, 2018 Scheduling Order and Pretrial Schedule A; and Setting Hearing on Motions to Dismiss. This Court concurs that in the interest of judicial economy, discovery and compliance with the Scheduling Order and Pretrial Schedule A should be stayed pending disposition of the Defendants' pending Motions to Dismiss. The Joint Motion to Suspend will therefore be GRANTED. The Court will hear oral argument on the Defendants' Motions to Dismiss on September 6, 2018 at 11:00 a.m. The Initial Pretrial Conference will immediately follow the conclusion of that hearing. It is so ORDERED. Signed by District Judge Henry E. Hudson on 8/30/2018. (sbea, ) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER

Set Motion and R&R Deadlines/Hearings

Aug. 30, 2018

Aug. 30, 2018

PACER

Set 20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 22 MOTION to Dismiss. Motion Hearing set for 9/6/2018 at 11:00 AM before District Judge Henry E. Hudson. (khan, )

Aug. 30, 2018

Aug. 30, 2018

PACER

Set/Reset Hearings

Aug. 30, 2018

Aug. 30, 2018

PACER

Set/Reset Hearings: Initial Pretrial Conference set for 9/6/2018 at 12:00 PM in Richmond Courtroom 7000 before District Judge Henry E. Hudson. (khan, )

Aug. 30, 2018

Aug. 30, 2018

PACER
40

NOTICE of Appearance by Emily Munro Scott on behalf of Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, Robert Tracci (Scott, Emily) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
41

AMENDED COMPLAINT against All Defendants, filed by All Women's Richmond, Inc., Falls Church Medical Center, LLC, Whole Woman's Health Alliance, Dr. Jane Doe.(Trainor, Daniel) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

Clearinghouse
42

Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Harding, OCR): Matter came on for Initial Pretrial Conference and Motion Hearing on 9/6/2018 re 20 Motion to Dismiss and 22 Motion to Dismiss. MOTIONS PROCEEDINGS: Argument heard. Motions taken under advisement by the Court; Memorandum Opinion to enter. INITIAL PRETRIAL CONFERENCE: Final Pretrial Conference set for March 28, 2019 at 10:00 AM; Bench Trial set to begin April 8, 2019 at 9:00 AM (10 days). Parties to work out a briefing schedule regarding motion(s) for summary judgment and contact chambers to schedule a hearing date. (rpiz) (Entered: 09/07/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
43

ORDER that defendant Robert Tracci file a response to this Order within 10 days setting forth (1) the reason for his absence on September 6, 2018 and (2) the status of his representation in this matter. Signed by District Judge Henry E. Hudson on 9/11/2018. Copy mailed to Tracci as directed. (jsmi, ) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
44

NOTICE of Appearance by Nicole Gloria Tortoriello on behalf of All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance (Tortoriello, Nicole) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
45

Motion to appear Pro Hac Vice by Eden Heilman and Certification of Local Counsel Nicole Gloria Tortoriello Filing fee $ 75, receipt number 0422-6266831. by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Tortoriello, Nicole) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
46

INITIAL PRETRIAL ORDER - Final Pretrial Conference set for 3/28/2019 at 10:00 AM and Bench Trial set for 4/8/2019 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 9/10/2018) (rpiz) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
47

MOTION to Withdraw as Attorney by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Gastanaga, Claire) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
48

ORDER that 47 Motion to for Leave to Withdraw Appearance is GRANTED. Claire Guthrie Gastanaga is RELIEVED as counsel of record in this matter. Signed by District Judge Henry E. Hudson on 9/12/2018. (jsmi, ) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
49

ORDER granting 45 Motion for Eden B. Heilman as Pro hac vice for All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, and Whole Woman's Health Alliance. Signed by District Judge Henry E. Hudson on 09/12/2018. (smej, ) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
50

TRANSCRIPT of proceedings held on September 6, 2018, before Judge Henry E. Hudson, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/17/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 12/17/2018.(liscio, krista) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
51

Defendant's Response to Court Order Dated September 11, 2018 filed by Robert Tracci. (jsmi, ) (Entered: 09/21/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
52

MEMORANDUM OPINION (Defendants' Motions to Dismiss Plaintiff's Complaint). Signed by District Judge Henry E. Hudson on 09/26/2018. (smej, ) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

Clearinghouse
53

ORDER (Granting in Part Defendants' Motions to Dismiss). THIS MATTER comes before the Court on Defendants' Motions to Dismiss 20 and 22 . With the regard to Count VI of Plaintiffs' Amended Complaint 41, and for the reasons stated in this Court's attached Memorandum Opinion, the Court GRANTS Defendants' Motions and that Count of the Amended Complaint is DISMISSED. Further, Plaintiffs' Counts III and IV may proceed to the extent that each count presents an as-applied challenge to Virginia's regulatory scheme; however, to the extent that Plaintiffs' Counts III and IV facially challenge the regulatory scheme, those allegations are similarly DISMISSED. Regarding the remaining Counts contained in Plaintiffs' Amended Complaint (Counts I, II, V, VII, and VIII), and for the reasons fully stated in the attached Memorandum Opinion, Defendants' Motions to Dismiss are DENIED and the Amended Complaint survives scrutiny under Rule 12(b). It is so ORDERED. Signed by District Judge Henry E. Hudson on 09/26/2018. (smej, ) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
54

ORDER that it is hereby ORDERED that the settlement conference and proceedings required by section 1(E)(1) of Pretrial Schedule A are referred to United States Magistrate Judge Roderick C. Young. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Young within five (5) days of the date of this Order to schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Young shall approve. It is so ORDERED. Signed by District Judge Henry E. Hudson on 10/04/2018. Copy sent to RCY chambers. (walk, ) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER

Case Assigned/Reassigned

Oct. 4, 2018

Oct. 4, 2018

PACER

Case REFERRED to Magistrate Judge Roderick C. Young re: 54 Order. (walk, )

Oct. 4, 2018

Oct. 4, 2018

PACER
55

ANSWER to Complaint Answer to Amended Complaint by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, Robert Tracci.(Scott, Emily) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
56

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on January 14, 2019 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Roderick C. Young. See Order for details. Signed by Magistrate Judge Roderick C. Young on 10/12/2018. (jsmi, ) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
57

NOTICE of Appearance by Courtney Moates Paulk on behalf of Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, Robert Tracci (Paulk, Courtney) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
58

Motion to appear Pro Hac Vice by Alice Clapman and Certification of Local Counsel Nicole Gloria Tortoriello Filing fee $ 75, receipt number 0422-6324143. by Virginia League for Planned Parenthood. (Tortoriello, Nicole) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
59

[VACATED 10/26/2018] SCHEDULING ORDER: Pursuant to an agreement of the parties, this Court will hear argument on the parties' motions for summary judgment on March 8, 2019 at 9:00 AM; the parties' respective motions for summary judgment shall be filed no later than January 28, 2019, responses in opposition shall be filed within 14 days thereafter and any reply briefs shall be due within 6 days of a response; the bench trial in this matter is hereby rescheduled to May 20, 2019 at 9:00 AM and is set for 10 days (see Order for additional details) (signed by District Judge Henry E. Hudson on 10/22/2018) (rpiz) (modified on 10/26/2018 to note order has been vacated - rpiz) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER

Set/Reset Hearings

Oct. 22, 2018

Oct. 22, 2018

PACER

Set/Reset Hearings: Bench Trial reset for 5/20/2019 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)

Oct. 22, 2018

Oct. 22, 2018

PACER
60

Joint MOTION to Amend/Correct Certain Scheduling Order Deadlines by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Trainor, Daniel) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
61

[Proposed] Joint Discovery Plan by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Trainor, Daniel) (Entered: 10/22/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 22, 2018

Oct. 22, 2018

PACER
62

ORDER granting 58 Motion for Pro hac vice. Alice Clapman appointed for Virginia League for Planned Parenthood. Signed by District Judge Henry E. Hudson on 10/23/2018. (jsmi, ) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
63

Joint MOTION for Protective Order by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Protective Order)(Trainor, Daniel) (Entered: 10/25/2018)

1 Proposed Protective Order

View on PACER

Oct. 25, 2018

Oct. 25, 2018

RECAP

Telephone Conference held on 10/26/2018 before District Judge Henry E. Hudson (Court Reporter Harding, OCR); scheduling deadlines set, Order to enter (rpiz)

Oct. 26, 2018

Oct. 26, 2018

PACER

Telephone Conference

Oct. 26, 2018

Oct. 26, 2018

PACER
64

REVISED SCHEDULING ORDER: The Court will conduct a Summary Judgment Hearing on 4/8/2019 at 10:00 AM; a Final Pretrial Conference is scheduled for 5/10/2019 at 10:00 AM; a Bench Trial is scheduled for 5/20/2019 through 5/31/2019 with court beginning at 9:00 AM each day of trial; it is further ordered that the Court's Scheduling Order dated 10/22/2018 is hereby vacated, and the parties' Joint Motion to Amend Certain Scheduling Order Deadlines is denied as moot (see Order for further details) (signed by District Judge Henry E. Hudson on 10/26/2018) (rpiz) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER

Settlement Conference set for 1/14/2019 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Roderick C. Young. (mful)

Oct. 29, 2018

Oct. 29, 2018

PACER

Set Deadlines/Hearings

Oct. 29, 2018

Oct. 29, 2018

PACER
65

STIPULATED PROTECTIVE ORDER. Signed by District Judge Henry E. Hudson on 10/29/2018. (tjoh, ) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
66

TRANSCRIPT of proceedings held on October 26, 2018, before Judge Henry E. Hudson, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 1/28/2019.(liscio, krista) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
67

STIPULATION of Dismissal (Stipulation of Dismissal Without Prejudice of Plaintiff All Women's Richmond, Inc. d/b/a A Capital Women's Health Clinic and Defendant Shannon L. Taylor Pursuant to FRCP 41(a)(1)) by All Women's Richmond, Inc.. (Trainor, Daniel) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
68

ORDER that this action is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1) as to Plaintiff All Women's Richmond, Inc. and Defendant Shannon L. Taylor. See Order for details. Signed by District Judge Henry E. Hudson on 12/7/2018. (jsmi, ) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
70

ORDER RESCHEDULING SETTLEMENT CONFERENCE. The Court has RESCHEDULED the settlement conference in this case for February 4, 2019, at 9:30 a.m. At that time, the parties shall report to the chambers of Magistrate Judge Roderick C. Young. The requirements set forth in the Court's previous Order Regarding Procedures for Settlement Conference 56 shall remain in effect. Signed by Magistrate Judge Roderick C. Young on 01/11/2019. (smej, ) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER

Settlement Conference RESET for 2/4/2019 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Roderick C. Young. (mful)

Jan. 14, 2019

Jan. 14, 2019

PACER

Set/Reset Hearings

Jan. 14, 2019

Jan. 14, 2019

PACER
71

Motion to appear Pro Hac Vice by Rabia Muqaddam and Certification of Local Counsel Nicole Gloria Tortoriello Filing fee $ 75, receipt number 0422-6452134. by Dr. Jane Doe, Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Tortoriello, Nicole) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
72

Motion to appear Pro Hac Vice by Michelle Katz Moriarty and Certification of Local Counsel Nicole Gloria Tortoriello Filing fee $ 75, receipt number 0422-6452136. by Dr. Jane Doe, Falls Church Medical Center, LLC, Whole Woman's Health Alliance. (Tortoriello, Nicole) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

RECAP
73

Motion to appear Pro Hac Vice by Leah Godesky and Certification of Local Counsel Nicole Gloria Tortoriello Filing fee $ 75, receipt number 0422-6452137. by All Women's Richmond, Inc., Dr. Jane Doe, Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman's Health Alliance. (Tortoriello, Nicole) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
74

ORDERS granting 71, 72 and 73 Motions for Pro hac vice. Leah Godesky appointed for all plaintiffs. Rabia Mugaddam and Michelle Katz Moriarty appointed for Dr. Jane Doe, Falls Church Medical Center, LLC, and Whole Woman's Health Alliance. Signed by District Judge Henry E. Hudson on 1/22/2019. (jsmi, ) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
75

NOTICE of Appearance by Jaime Brett Wisegarver on behalf of Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Shannon L. Taylor, Robert Tracci (Wisegarver, Jaime) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Roderick C. Young:Settlement Conference held on 2/4/2019. (mful, )

Feb. 4, 2019

Feb. 4, 2019

PACER

Settlement Conference

Feb. 4, 2019

Feb. 4, 2019

PACER
78

NOTICE of Appearance by John Patrick O'Malley on behalf of Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci (O'Malley, John) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
79

MOTION for Protective Order by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (O'Malley, John) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
80

Memorandum in Support re 79 MOTION for Protective Order filed by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(O'Malley, John) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
81

ORDER that based upon defense counsel's refusal to agree to a brief extension of the discovery deadline, the Court finds that they have not shown good cause as to why 79 Motion for Protective Order should be granted. Accordingly, Defendants' Motion for Protective Order is DENIED. See Order for details. Signed by District Judge Henry E. Hudson on 2/19/2019. (jsmi, ) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
82

Joint MOTION to Amend/Correct 64 Scheduling Order,, Joint Motion to Amend Certain Scheduling Order Deadlines by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Attachments: # 1 Exhibit A)(O'Malley, John) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
83

SECOND REVISED SCHEDULING ORDER. The Parties' Joint 82 Motion to Amend Certain Scheduling Order Deadlines is GRANTED. Motions for Summary Judgment shall be filed on or before March 11, 2019. Responses shall be filed on or before March 25, 2019, and replies shall be filed on or before April 1, 2019. The Court will conduct a Summary Judgment Hearing on April 8, 2019 at 9:00 a.m. To the extent that this Order is inconsistent with the Court's previous 64 Revised Scheduling Order and all previous Scheduling Orders, the contents of this Order shall be controlling. Signed by District Judge Henry E. Hudson on 2/25/2019. (jsmi, ) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
84

MOTION for Summary Judgment by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Scott, Emily) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

RECAP
85

Memorandum in Support re 84 MOTION for Summary Judgment filed by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Attachments: # 1 Exhibit Exhibit 2 - Notice of Intended Regulatory Action, # 2 Exhibit Exhibit 5 - Deposition Transcript of Amy Miller, # 3 Exhibit Exhibit 6 - Deposition Transcript of Shanthi Ramesh, # 4 Exhibit Exhibit 7 - Plaintiffs Obj and Resp to First Roggs, # 5 Exhibit Exhibit 8 - Plaintffs Resp to First RFAs - Part 1, # 6 Exhibit Exhibit 8 - Plaintffs Resp to First RFAs - Part 2, # 7 Exhibit Exhibit 9 - Defendants' Obj and Ans to First Roggs, # 8 Exhibit Exhibit 10 - Deposition Transcript of Debra Marion, # 9 Exhibit Exhibit 11 - Deposition Transcript of Douglas Middlebrooks., # 10 Exhibit Exhibit 12 - Deposition Transcript of Erik Bodin., # 11 Exhibit Exhibit 13 - Deposition Transcript of Elizabeth Lunsford, # 12 Exhibit Exhibit 14 - Lunsford Expert Report, # 13 Exhibit Exhibit 16 - Defendants Obj and 3rd Supp Ans to First Roggs, # 14 Exhibit Exhibit 17 - Plaintiffs 2nd Supp Resp to First Roggs)(Scott, Emily) (Entered: 03/11/2019)

1 Exhibit Exhibit 2 - Notice of Intended Regulatory Action

View on PACER

2 Exhibit Exhibit 5 - Deposition Transcript of Amy Miller

View on PACER

3 Exhibit Exhibit 6 - Deposition Transcript of Shanthi Ramesh

View on PACER

4 Exhibit Exhibit 7 - Plaintiffs Obj and Resp to First Roggs

View on PACER

5 Exhibit Exhibit 8 - Plaintffs Resp to First RFAs - Part 1

View on PACER

6 Exhibit Exhibit 8 - Plaintffs Resp to First RFAs - Part 2

View on PACER

7 Exhibit Exhibit 9 - Defendants' Obj and Ans to First Roggs

View on PACER

8 Exhibit Exhibit 10 - Deposition Transcript of Debra Marion

View on PACER

9 Exhibit Exhibit 11 - Deposition Transcript of Douglas Middlebrooks.

View on PACER

10 Exhibit Exhibit 12 - Deposition Transcript of Erik Bodin.

View on PACER

11 Exhibit Exhibit 13 - Deposition Transcript of Elizabeth Lunsford

View on PACER

12 Exhibit Exhibit 14 - Lunsford Expert Report

View on PACER

13 Exhibit Exhibit 16 - Defendants Obj and 3rd Supp Ans to First Roggs

View on PACER

14 Exhibit Exhibit 17 - Plaintiffs 2nd Supp Resp to First Roggs

View on PACER

March 11, 2019

March 11, 2019

RECAP
86

MOTION to Seal Defendants' Motion to File Exhibits Attached to Memorandum in Support of Defendants' Motion for Summary Judgment Under Seal by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Scott, Emily) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
87

MOTION to Seal Defendants' Motion to File Exhibits Attached to Memorandum in Support of Defenadnts' Motion for Summary Judgment Under Seal by Anton Bell, Michael N. Herring, M. Norman Oliver, Robert Payne, Faye O. Prichard, Theophani Stamos, Colin Stolle, Robert Tracci. (Attachments: # 1 Proposed Order)(Scott, Emily) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 20, 2018

Closing Date: July 28, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Abortion providers in Virginia

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

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

Arlington County (Arlington), County

City of Hampton (Hampton, VA), City

City of Richmond (Richmond, VA), City

Commonwealth of Virginia, State

City of Falls Church (Falls Church, VA), City

City of Virginia Beach (Virginia Beach, VA), City

Albemarle County (Albemarle), County

Henrico County (Henrico), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2019 - 2020

Issues

Reproductive rights:

Mandatory delay

Licensing restriction

Physician-only abortion laws

Facility requirements

Patient disclosure requirement

General:

Abortion

Search policies

Medical/Mental Health:

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