Case: Whole Woman's Health v. Smith

1:16-cv-01300 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 12, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

Whole Woman's Health and several other reproductive healthcare providers filed this lawsuit against the Texas Department of State Health Services (DSHS) in the U.S. District Court for the Western District of Texas on December 12, 2016. Plaintiffs were represented by the Center for Reproductive Rights as well as private counsel. The suit challenged proposed regulations published by the Texas Department of State Health Services. These proposed regulations would require embryonic and fetal tissue …

Whole Woman's Health and several other reproductive healthcare providers filed this lawsuit against the Texas Department of State Health Services (DSHS) in the U.S. District Court for the Western District of Texas on December 12, 2016. Plaintiffs were represented by the Center for Reproductive Rights as well as private counsel. The suit challenged proposed regulations published by the Texas Department of State Health Services. These proposed regulations would require embryonic and fetal tissue from abortions, miscarriages, or ectopic pregnancy surgery to be buried or cremated. 

Plaintiffs brought this suit under § 1983 alleging that the proposed regulations were void for vagueness, violated the commerce clause, and violated the Fourteenth Amendment's guarantees of liberty, privacy, and equal protection. In terms of relief, plaintiffs sought a declaration that the regulations were unconstitutional and a permanent injunction against their enforcement. The case was originally assigned to Judge Sam Sparks, but on December 12, 2017, it was reassigned to Judge David Ezra.

The regulations were set to take effect on December 18, 2016. But the court stayed their effective date until January 6, 2017 after plaintiffs filed a motion for a TRO or a preliminary injunction on December 15th. The court held a two-day hearing regarding plaintiffs' motion starting on January 3. It also extended the stay until January 27 to give the court sufficient time to rule before the regulations took effect.

The court issued a preliminary injunction on January 27. 231 F.Supp.3d 218. Judge Sparks stated that the regulations were likely void for vagueness and violated the Fourteenth Amendment's guarantee of liberty by placing an undue burden on abortion. DSHS argued that it had a legitimate state interest in in protecting the dignity of the unborn, but the court doubted this claim. Judge Sparks suggested that this "interest" was actually a pretext to restrict abortion.

One month later, DSHS appealed to the Fifth Circuit and moved to stay the injunction pending the appeal. DSHS argued that the Fifth Circuit's review of Judge Sparks' application of the "undue burden" standard could substantially impact this case. Staying proceedings, reasoned DSHS, could save the court from engaging in duplicative efforts. The court agreed and granted DSHS a stay on March 15.

On June 6, 2017 the Governor had signed into law SB 8, which largely tracked the originally challenged regulations. One important distinction between SB 8 and the regulations was their definitions. SB 8's definition of “embryonic and fetal tissue remains” included only “an embryo, a fetus, body parts, or organs from a pregnancy,” omitting “other tissue from a pregnancy” from its definition, which the regulations had included. Also, SB 8 provided for the establishment of a registry of participating businesses willing to provide compliant burial services, a consideration the regulations did not make. SB 8's effective date was September 1.

Plaintiffs requested the district court to lift its stay on June 8, 2017 so they could modify the injunction. If the stay were not lifted, they argued, they would lose the protections of the preliminary injunction. But after DSHS voluntarily dismissed its appeal to the Fifth Circuit, the district court lifted the stay on its own accord.

On December 22, 2017, plaintiffs filed an amended complaint seeking an injunction against SB 8. The amended complaint also dropped its Fourteenth Amendment claim for right to privacy. Two weeks later plaintiffs filed a new motion seeking a TRO or, alternatively, a preliminary injunction.

The district court granted plaintiff's motion in part and issued preliminary injunction. 2018 WL 11361759. The court agreed that plaintiffs had established a likelihood of success as to their claims for vagueness and undue burden. But it restricted the injunction to the provisions of SB 8 restricting disposal of embryonic and fetal tissue remains.

A unique discovery dispute occurred in this case. On July 15, 2018, the district court granted the plaintiffs' document production request of non-party religious groups that offered to bury the fetal remains for free. And it did so over the religious groups’ objections. DSHS appealed this decision and the US Court of Appeals for the Fifth Circuit reversed the district court's discovery order. 896 F.3d 362. The US Supreme Court denied certiorari on February 19. 2019. 139 S.Ct. 1170 (Mem).

Following this contentious discovery period, a bench trial began on July 17, 2018 and ended on July 24. The district issued its opinion on September 5. 338 F.Supp.3d 606.The court held that the operative parts of SB 8 violated both the equal protection and due process clauses of the Fourteenth Amendment and were therefore void. The state had tried to survive rational basis review by exempting some entities from SB 8 but its choices in that regard, according to the court, only exhibited their unconstitutional nature. The parts of SB 8 (Texas Health and Safety Code § 697.001.004, 697.007.009) resulting in disparate treatment of healthcare facilities and IVF clinics, the are not rationally related to a legitimate government interest, and therefore do not pass rational basis review. The court also held that SB 8 unduly burdened access to pregnancy-related healthcare. It granted a permanent injunction against its enforcement. DSHS appealed the decision the same day it was issued.

This case is ongoing as of March 14, 2022.

Summary Authors

Jordan Katz (3/14/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4554031/parties/whole-womans-health-v-smith/

Documents in the Clearinghouse

Document
1

1:16-cv-01300

Complaint

Whole Woman's Health v. Hellerstedt

Dec. 12, 2016

Dec. 12, 2016

Complaint
24

1:16-cv-01300

Order Setting TRO Hearing

Whole Woman's Health v. Hellerstedt

2016 WL 10589874

Dec. 15, 2016

Dec. 15, 2016

Order/Opinion
40

1:16-cv-01300

Order

Whole Woman's Health v. Hellerstedt

Jan. 4, 2017

Jan. 4, 2017

Order/Opinion
49

1:16-cv-01300

Order

Whole Woman's Health v. Hellerstedt

231 F.Supp.3d 218

Jan. 27, 2017

Jan. 27, 2017

Order/Opinion
49

1:16-cv-01300

Order

Whole Women's Health v. Hellerstedt

Jan. 27, 2017

Jan. 27, 2017

Order/Opinion
66

1:16-cv-01300

Order

Whole Woman's Health v. Hellerstedt

2017 WL 5649477

March 16, 2017

March 16, 2017

Order/Opinion
70

1:16-cv-01300

Plaintiffs' Motion to Lift Stay

Whole Woman's Health v. Hellerstedt

June 8, 2017

June 8, 2017

Pleading / Motion / Brief
77

1:16-cv-01300

Re: Whole Woman’s Health v. Hellerstedt

July 19, 2017

July 19, 2017

Pleading / Motion / Brief
84

1:16-cv-01300

Order

Whole Woman's Health v. Hellerstedt

Dec. 15, 2017

Dec. 15, 2017

Order/Opinion
93

1:16-cv-01300

First Amended Complaint

Whole Woman's Health v. Hellerstedt

Dec. 22, 2017

Dec. 22, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4554031/whole-womans-health-v-smith/

Last updated June 8, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-9111981), filed by Whole Woman's Health, Lendol L. Davis, MD, Nova Health Systems, Inc., Brookside Women's Medical Center PA, Alamo City Surgery Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Connell, Patrick) (Entered: 12/12/2016)

1 Exhibit 1

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2 Exhibit 2

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Dec. 12, 2016

Dec. 12, 2016

Clearinghouse
2

JS44 (Civil Cover Sheet) submitted by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
4

RULE 7 DISCLOSURE STATEMENT filed by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
5

MOTION for Leave to Exceed Page Limitation by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
6

MOTION for Temporary Restraining Order, or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H, # 9 Appendix I, # 10 Appendix J, # 11 Appendix K, # 12 Proposed Order)(O'Connell, Patrick) (Entered: 12/12/2016)

1 Appendix A

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2 Appendix B

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3 Appendix C

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4 Appendix D

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5 Appendix E

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6 Appendix F

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7 Appendix G

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8 Appendix H

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9 Appendix I

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10 Appendix J

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11 Appendix K

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12 Proposed Order

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Dec. 12, 2016

Dec. 12, 2016

RECAP
7

NOTICE of Attorney Appearance by Patrick J. O'Connell on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
8

NOTICE of Attorney Appearance by Stephanie Toti on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. Attorney Stephanie Toti added to party Alamo City Surgery Center(pty:pla), Attorney Stephanie Toti added to party Brookside Women's Medical Center PA(pty:pla), Attorney Stephanie Toti added to party Lendol L. Davis, MD(pty:pla), Attorney Stephanie Toti added to party Nova Health Systems, Inc.(pty:pla), Attorney Stephanie Toti added to party Whole Woman's Health(pty:pla) (Toti, Stephanie) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
9

MOTION to Appear Pro Hac Vice by J. Alexander Lawrence ( Filing fee $ 100 receipt number 0542-9112284) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Lawrence, J.) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
10

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Molly Duane ( Filing fee $ 100 receipt number 0542-9112452) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
11

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell David Brown ( Filing fee $ 100 receipt number 0542-9112549) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER

Case Assigned to Judge Sam Sparks. 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)

Dec. 12, 2016

Dec. 12, 2016

PACER
12

Summons Issued as to John Hellerstedt. (afd) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
13

NOTICE of Attorney Appearance by Jan Soifer on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (Soifer, Jan) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
14

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 12/15/2016 02:00 PM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (ml) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
15

WAIVER OF SERVICE Returned Executed by Whole Woman's Health, Lendol L. Davis, MD, Nova Health Systems, Inc., Brookside Women's Medical Center PA, Alamo City Surgery Center PLLC as to John Hellerstedt. Waiver sent on 12/12/2016, answer due 2/10/2017. (O'Connell, Patrick) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
16

Unopposed MOTION for Leave to Exceed Page Limitation by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
17

RESPONSE to Motion, filed by John Hellerstedt, re 6 MOTION for Temporary Restraining Order, or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Langley, John) (Entered: 12/14/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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Dec. 14, 2016

Dec. 14, 2016

RECAP
18

Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 12/15/2016 re 6 MOTION for Temporary Restraining Order, or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
19

ORDER GRANTING 11 Motion for David P. Brown 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 Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
20

ORDER GRANTING 9 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 Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
21

ORDER GRANTING 10 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 Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
22

ORDER GRANTING 5 Motion to Exceed Page Limits for Motion for aTemporary Restraining Order or Alternatively a Preliminary Injunction. Signed by Judge Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
23

ORDER GRANTING 16 Motion for Leave to Exceed the Page Limit for Response to Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
24

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 1/6/2017 09:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (ml) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

Clearinghouse
25

Joint MOTION for Protective Order by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
26

STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
27

STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
28

ORDER GRANTING 25 Motion for Protective Order. Signed by Judge Sam Sparks. (jf) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

RECAP
29

ORDER re 26 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

RECAP
30

ORDER re 27 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
31

Supplemental ORDER re 28 Order on Motion for Protective Order. Signed by Judge Sam Sparks. (jf) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

RECAP
32

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of John Hellerstedt (Disher, Todd) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
33

NOTICE of Attorney Appearance by Craig Michael Warner on behalf of John Hellerstedt (Warner, Craig) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
34

NOTICE of Changes in Local Counsel's Firm by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (O'Connell, Patrick) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

RECAP
35

Miscellaneous Objection Defendant's Objections to Plaintiffs' Declarations by John Hellerstedt. (Langley, John) (Entered: 01/02/2017)

Jan. 2, 2017

Jan. 2, 2017

PACER
36

Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 1/3/2017 re 6 MOTION for Temporary Restraining Order, or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jf) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
37

STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
44

Plaintiffs' Exhibit List and Exhibits for Preliminary Injunction Hearing on 01/03/2017. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit Continuation 2-20)(ml) (Entered: 01/12/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
45

Defendants' Exhibit List and Exhibits for Permanent Injunction Hearing on 01/03/2017. (Attachments: # 1 Exhibit 1-18)(ml) (Entered: 01/12/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
38

ADVISORY TO THE COURT by John Hellerstedt. (Attachments: # 1 Exhibit)(Langley, John) (Entered: 01/04/2017)

1 Exhibit

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Jan. 4, 2017

Jan. 4, 2017

RECAP
39

ORDER re 37 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
40

ORDER. Signed by Judge Sam Sparks. (jf) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

Clearinghouse
41

Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 1/4/2017 re 6 MOTION for Temporary Restraining Order, or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jf) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
42

List of WITNESSES/EXPERTS Preliminary Injunction Hearing on January 3, 2017. (jf) (Entered: 01/05/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
43

TRANSCRIPT REQUEST for proceedings held on 1/4/2016. Proceedings Transcribed: Witness Testimony. Court Reporter: Lily Reznik. (jf) (Entered: 01/05/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
46

BRIEF by John Hellerstedt. (Langley, John) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

RECAP
47

Proposed Findings of Fact by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

RECAP
48

MOTION for Leave to File Amicus Brief by Jay Marcom. (Attachments: # 1 Brief, # 2 Proposed Order, # 3 Envelope)(ml) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
49

ORDER GRANTING 6 Motion for a Preliminary Injunction. Parties are directed to file a proposed scheduling order within 30 days from the entry of this order. Signed by Judge Sam Sparks. (ml) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

Clearinghouse
50

ORDER OF JUDGMENT. Signed by Judge Sam Sparks. (ml) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

RECAP
51

ORDER DENYING 48 Motion for Leave to File Amicus Brief. Signed by Judge Sam Sparks. (ml) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
52

Transcript filed of Proceedings held on December 15, 2016, Proceedings Transcribed: Temporary Restraining Order. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. 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 2/27/2017, Redacted Transcript Deadline set for 3/9/2017, Release of Transcript Restriction set for 5/8/2017, (Reznik, Lily) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
54

Unopposed MOTION for Extension of Time to File Answer by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
55

ORDER GRANTING 54 Motion for Extension of Time to Answer ; John Hellerstedt answer due 3/13/2017. Signed by Judge Sam Sparks. (ml) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
56

Appeal of Order entered by District Judge 49 by John Hellerstedt. No filing fee submitted (Langley, John) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

RECAP
57

MOTION to Stay Merits Proceeding Pending Resolution of Appeal by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER

NOTICE OF APPEAL following 56 Notice of Appeal (E-Filed) by John Hellerstedt. Filing fee not submitted. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (ml)

Feb. 23, 2017

Feb. 23, 2017

PACER
58

NOTICE of Defendant's Filing of Proposed Scheduling Order by John Hellerstedt (Attachments: # 1 Proposed Order)(Langley, John) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
59

USCA Appeal Fees received $ 505 receipt number 100029625 re Notice of Appeal, filed by John Hellerstedt (Attachments: # 1 attachment, # 2 envelope)(ml) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
60

NOTICE Pursuant to Western District of Texas Civil Rule 16(c) by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (Attachments: # 1 Proposed Order Plaintiffs' Proposed Scheduling Order, # 2 Appendix 1: Blackline Against the Court's Form Scheduling Order)(Lawrence, J.) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
61

Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 57 MOTION to Stay Merits Proceeding Pending Resolution of Appeal filed by Defendant John Hellerstedt (Brown, David) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
62

DEFICIENCY NOTICE: for David P. Brown re 61 Response in Opposition to Motion, (ml) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
63

Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 57 MOTION to Stay Merits Proceeding Pending Resolution of Appeal filed by Defendant John Hellerstedt CORRECTED (Attachments: # 1 Proposed Order)(Brown, David) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
64

TRANSCRIPT REQUEST by John Hellerstedt for dates of 12/15/16, 01/03-04/17. Proceedings Transcribed: TRO Hearing and Preliminary Injunction Hearing. Court Reporter: Lily Reznik. (klw) (Entered: 03/06/2017)

March 3, 2017

March 3, 2017

PACER
65

Original ANSWER to 1 Complaint, by John Hellerstedt.(Langley, John) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
66

ORDER GRANTING 57 Motion to Stay. Parties are direct to file a pleading every ninety (90) days from the entry of this order as to the status of the case on appeal. Signed by Judge Sam Sparks. (ml) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

Clearinghouse

Case Stayed per order 66 . (ml)

March 16, 2017

March 16, 2017

PACER
67

ADVISORY TO THE COURT by John Hellerstedt. (Langley, John) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
68

Transcript filed of Proceedings held on January 3, 2017, Proceedings Transcribed: Motion Hearing, Volume 1 of 2. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. 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 4/19/2017, Redacted Transcript Deadline set for 5/1/2017, Release of Transcript Restriction set for 6/27/2017, Appeal Record due by 4/13/2017, (Reznik, Lily) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
69

Transcript filed of Proceedings held on January 4, 2017, Proceedings Transcribed: Motion Hearing, Volume 2 of 2. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. 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 4/19/2017, Redacted Transcript Deadline set for 5/1/2017, Release of Transcript Restriction set for 6/27/2017, Appeal Record due by 4/13/2017, (Reznik, Lily) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (ml)

April 17, 2017

April 17, 2017

PACER
70

MOTION to Lift Stay by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

Clearinghouse
71

STATUS REPORT by John Hellerstedt. (Langley, John) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

RECAP
72

RESPONSE to Motion, filed by John Hellerstedt, re 70 MOTION to Lift Stay filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Proposed Order proposed order)(Langley, John) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
73

ORDER, ( Status Conference and all Pending Matters set for 6/30/2017 at 09:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (dm) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
74

REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 70 MOTION to Lift Stay filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (O'Connell, Patrick) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
75

Minute Entry for proceedings held before Judge Sam Sparks: Status Conference held on 6/30/2017 (Minute entry documents are not available electronically.). (Court Reporter Angela Hailey.)(ml) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
76

ORDER confirming oral pronouncement at status conference. Signed by Judge Sam Sparks. (ml) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
77

LETTER by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David) Modified on 7/19/2017 to edit text (ml). (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

Clearinghouse
78

RESPONSE to 77 by John Hellerstedt. (Langley, John) Modified on 7/26/2017 to edit text (ml). (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

RECAP
79

STATUS REPORT by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

RECAP
80

Certified copy of USCA JUDGMENT/MANDATE Granting appellant's unopposed motion to dismiss Notice of Appeal filed by John Hellerstedt. (klw) (Entered: 12/07/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
81

NOTICE of Change of Address by David P. Brown (Brown, David) (Main Document 81 replaced on 12/8/2017) (klw). (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
82

STATUS REPORT by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Exhibit A)(O'Connell, Patrick) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
83

ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Sam Sparks no longer assigned to case. Signed by Judge Sam Sparks. (klw) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
84

ORDER DISMISSING as MOOT Plaintiffs' 70 Motion to Lift Stay. ORDER LIFTING the stay previously imposed in this case. Signed by Judge David A. Ezra. (klw) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

Clearinghouse
85

Unopposed MOTION to Substitute Attorney by John Hellerstedt. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
86

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
87

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
88

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
89

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
90

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
91

ORDER GRANTING Defendant's 85 Motion to Substitute Withdraw and Substitute Counsel. Assistant Attorney General John S. Langley, Assistant Attorney General Craig M. Warner, and Special Counsel for Civil Litigation Todd Lawrence Disher are withdrawn. Darren McCarty, Austin Nimocks, Beth Klusmann, Kara Holsinger and Benjamin Walton are substituted in their place. Signed by Judge David A. Ezra. (klw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
92

MOTION to Appear Pro Hac Vice by Patrick J. O'Connell : Dipti Singh ( Filing fee $ 100 receipt number 0542-10302154) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
93

AMENDED COMPLAINT against John Hellerstedt amending, filed by Nova Health Systems, Inc., Brookside Women's Medical Center PA, Lendol L. Davis, MD, Whole Woman's Health, Alamo City Surgery Center PLLC, Whole Woman's Health Alliance, Bhavik Khumar.(Brown, David) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

Clearinghouse
94

ORDER GRANTING 92 Motion for Dipti Singh to Appear Pro Hac Vice on behalf of plaintiffs. 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 David A. Ezra. (klw) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
95

Joint MOTION for Leave to Exceed Page Limitation Regarding Plaintiffs' Second Motion for a Preliminary Injunction by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
96

Second MOTION for Preliminary Injunction, or in the Alternative a Temporary Restraining Order by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Appendix, # 2 Proposed Order)(Brown, David) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
97

ORDER GRANTING Joint 95 Motion for Leave to File Excess Pages regarding Plaintiff's Second Motion for a Preliminary Injunction. Signed by Judge David A. Ezra. (klw) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Dec. 12, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Whole Woman's Health and several other reproductive healthcare providers in Texas challenged proposed regulations that would require embryonic and fetal tissue from abortions, miscarriages, or ectopic pregnancy surgery to be buried or cremated.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas (Texas), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Commerce Power

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Disposal procedures

General:

Abortion