Case: Whole Woman's Health v. Hellerstedt

1:14-cv-00284 | U.S. District Court for the Western District of Texas

Filed Date: April 2, 2014

Closed Date: Aug. 18, 2020

Clearinghouse coding complete

Case Summary

This is a case challenging a 2013 Texas law requiring (1) a physician providing abortion services to obtain admitting privileges at a local hospital no farther than 30 miles from the clinic and (2) abortion clinics to meet the building specifications of ambulatory surgical centers. On April 2, 2014, a group of Texas abortion clinics and physicians filed this lawsuit on behalf of themselves and their patients in the U.S. District Court for the Western District of Texas. The plaintiffs sued the c…

This is a case challenging a 2013 Texas law requiring (1) a physician providing abortion services to obtain admitting privileges at a local hospital no farther than 30 miles from the clinic and (2) abortion clinics to meet the building specifications of ambulatory surgical centers. On April 2, 2014, a group of Texas abortion clinics and physicians filed this lawsuit on behalf of themselves and their patients in the U.S. District Court for the Western District of Texas. The plaintiffs sued the commissioner of the Texas Department of State Health Services, the executive director of the Texas Medical Board, and Texas county attorneys under 42 U.S.C. § 1983. The case was assigned to Judge Lee Yeakel and Magistrate Judge Andrew W. Austin. 

Represented by the Center for Reproductive Rights, the plaintiffs sought declaratory and injunctive relief, as well as attorneys’ fees. They claimed that both the admitting-privileges requirement and the facilities requirement violated the Fourteenth Amendment by (1) imposing an undue burden on the right to abortion, (2) depriving abortion providers of equal protection of the laws, and (3) constituting arbitrary and unreasonable state action under the Fourteenth Amendment. The plaintiffs also claimed that the admitting-privileges requirement improperly delegated lawmaking authority to hospitals in violation of the due process clause of the Fourteenth Amendment. 

The day after filing the complaint, the plaintiffs moved for a temporary restraining order and preliminary injunction. On April 17, 2014, Judge Yeakel agreed to hear the case on an expedited schedule. This expedited schedule made temporary relief unnecessary because Texas’s requirements had not yet gone into effect. As a result, Judge Yeakel denied the plaintiffs’ request for a temporary restraining order and the plaintiffs agreed to withdraw their request for a preliminary injunction. 

The parties engaged in discovery disputes beginning in late April. In May 2014, the defendants moved to dismiss the plaintiffs’ complaint for failure to state a claim, and on August 1, 2014, Judge Yeakel granted the motion in part. First, he dismissed the plaintiffs’ equal protection claims because the Supreme Court had historically approved of regulations applying only to abortion procedures. Second, he dismissed the plaintiffs’ unlawful delegation claim in light of the Fifth Circuit’s holding in Planned Parenthood of Greater Texas Surgical Health Services v. Abbott (748 F.3d 583) that requiring independent action by hospitals did not threaten the plaintiffs’ due process rights. Finally, Judge Yeakel dismissed the plaintiffs’ arbitrary and unreasonable state action claims, holding that the state showed a rational basis for the requirements.  

A bench trial took place over the course of five days in early August. On August 29, 2014, Judge Yeakel held that both requirements imposed an undue burden on the right to abortion. He enjoined the state from enforcing the facilities requirement against abortion clinics that commenced operations after the law took effect on September 1, 2014, and from enforcing the admitting-privileges requirement against the plaintiffs’ abortion clinics in McAllen, Texas, and El Paso, Texas. Finally, he dismissed the county attorneys as defendants on joint motion from both parties.

The defendants appealed to the U.S. Court of Appeals for the Fifth Circuit and requested a stay of the judgment pending appeal (14–50928). The defendants also filed a motion to stay the judgment pending appeal in the district court, but Judge Yeakel denied the motion on September 8, 2014. In the Fifth Circuit, Judge Smith, Judge Elrod, and Judge Higginson heard oral arguments regarding the motion to stay and issued an opinion on October 2, 2014. The court granted the stay and allowed Texas to enforce the requirements. 769 F.3d 285. 

However, the following week, on October 14, 2014, the Supreme Court lifted the stay, enjoining enforcement of the facilities requirement statewide and enjoining enforcement of the admitting-privileges requirement against the plaintiffs’ clinics in McAllen and El Paso. 190 L.Ed.2d 247. 

Back in the Fifth Circuit, Judge Prado, Judge Elrod, and Judge Haynes heard oral arguments on the merits of the case and issued an opinion on June 9, 2015. 790 F.3d 563. The court held in large part that the requirements were constitutional because they did not impose an undue burden on the right to abortion and were rationally related to the compelling state interest of protecting women’s health. The court also held that res judicata barred the plaintiffs’ claim that the admitting-privileges requirement was facially unconstitutional, because the plaintiffs could have raised that claim in a previous case, Planned Parenthood of Greater Texas Surgical Health Services v. Abbott (951 F.Supp.2d 89). 

The plaintiffs filed a petition for a grant of certiorari to the Supreme Court (15-274). The Supreme Court ordered a stay on June 29, 2015, enjoining Texas from enforcing the requirements until the question was litigated on appeal. The Supreme Court then granted certiorari and heard oral arguments on March 2, 2016. 

Justice Breyer wrote for the Court on June 27, 2016. 579 U.S. 582. The Court held that res judicata did not bar the plaintiffs’ claims, because new facts showing concrete constitutional harm had emerged since the Abbott lawsuit. The Court also held that both requirements imposed a substantial obstacle to abortion and were unconstitutional, especially considering that abortion procedures had extremely low rates of serious complications. Justice Ginsberg wrote a concurrence, while Justice Thomas, Justice Alito, and Chief Justice Roberts dissented. Justice Thomas questioned whether clinics had standing to bring claims on behalf of patients and registered his disapproval of substantive due process and the right to abortion. Justice Alito, Chief Justice Roberts, and Justice Thomas also believed the plaintiffs’ claims were barred by res judicata. 

On August 18, 2016, the Fifth Circuit held the requirements unconstitutional and remanded to the district court (833 F.3d 565), and the district court issued its final order on October 12, 2016, in light of the Supreme Court’s ruling.

The plaintiffs next moved for $4,498,941.75 in attorneys’ fees. On August 9, 2019, Judge Yeakel awarded the plaintiffs $2,297,860 in attorneys’ fees and $170,142.76 in nontaxable expenses. He held that community rates of $400 per hour should be used to calculate the plaintiffs’ attorneys’ fees, because the plaintiffs failed to demonstrate they were unable to find local attorneys in Texas to litigate the case. Judge Yeakel denied the plaintiffs’ supplemental application for $16,303.75 in attorneys’ fees to cover a failed mediation attempt of the fee dispute. Finally, he denied without prejudice the plaintiffs’ request for unspecified attorneys’ fees for potential future work on the case.   

Three months later, the plaintiffs moved to enforce the judgment, requesting that the attorneys’ fees accrue interest at 1.94%. The plaintiffs also sought an order compelling the comptroller of public accounts of Texas to make full payment to the plaintiffs if the defendants failed to pay the full amount before October 15, 2021. Judge Yeakel issued an opinion on August 18, 2020, agreeing to an interest rate of 1.94% for the attorneys’ fees. However, he dismissed the plaintiff’s request regarding an order to the comptroller, holding that it was improper for the plaintiffs to anticipate the Texas Legislature would refuse to appropriate money to pay the fees. 

The following year, on September 8, 2021, the plaintiffs filed a satisfaction of judgment. The case is now closed. 

Summary Authors

Laura Irei (3/25/2022)

Documents in the Clearinghouse

Document
1

1:14-cv-00284

Complaint

Whole Woman's Health v. Lakey

April 2, 2014

April 2, 2014

Complaint
32

1:14-cv-00284

Order

Whole Woman's Health v. Lakey

April 17, 2014

April 17, 2014

Order/Opinion
148

1:14-cv-00284

Order

Whole Woman's Health v. Lakey

Aug. 1, 2014

Aug. 1, 2014

Order/Opinion

1:14-cv-00284

Final Judgment

Whole Woman's Health v. Lakey

46 F.Supp.3d 673

Aug. 29, 2014

Aug. 29, 2014

Order/Opinion

1:14-cv-00284

14-50928

Opinion

Whole Woman’s Health v. Lakey

U. S. Court of Appeals for the Fifth Circuit

769 F.3d 285

Oct. 2, 2014

Oct. 2, 2014

Order/Opinion

1:14-cv-00284

14-50928

Opinion

Whole Woman’s Health v. Cole

U. S. Court of Appeals for the Fifth Circuit

790 F.3d 563

June 9, 2015

June 9, 2015

Order/Opinion

1:14-cv-00284

15-00274

[Opinion of the Court]

Whole Woman’s Health v. Hellerstedt

Supreme Court of the United States

579 U.S. 582

June 27, 2016

June 27, 2016

Order/Opinion
297

1:14-cv-00284

Order on Motions for Attorney's Fees, Nontaxable Expenses, and Costs

Aug. 9, 2019

Aug. 9, 2019

Order/Opinion
310

1:14-cv-00284

Order on Plaintiffs' Motion Concerning Enforcement of Order Awarding Attorney's Fees and Costs

Aug. 18, 2020

Aug. 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401179/whole-womans-health-v-hellerstedt/

Last updated Aug. 10, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
142

ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's 115 Motion to Compel Disclosure of Written Communications between Vincent Rue and Defendants' Experts. Signed by Judge Andrew W. Austin. (klw) (Entered: 08/01/2014)

PACER
144

Minute Entry for proceedings held before Judge Lee Yeakel: Final Pretrial Conference held on 8/1/2014. Court ORALLY Denies 127 Motion in Limine and ORALLY Denies 135 Motion in Limine. Trial details finalized. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 08/01/2014)

PACER
145

ORDER GRANTING 126 Motion for Melissa A. Cochen to Appear Pro Hac Vice on behalf of non-parties Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, and Planned Parenthood South Texas Surgical Center and the Court. 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. (klw) (Entered: 08/01/2014)

PACER
143

ORDER GRANTING IN PART AND DENYING IN PART Plaintiffs' 119 Motion to Compel Responses to Interrogatories. Signed by Judge Andrew W. Austin. (klw) (Entered: 08/01/2014)

PACER
146

EMERGENCY Motion for Reconsideration of Magistrate Judge's 142 Order on Motion to Compel by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) Modified on 8/1/2014 to correct event type and text (klw). (Entered: 08/01/2014)

PACER
144

Minute Entry for proceedings held before Judge Lee Yeakel: Final Pretrial Conference held on 8/1/2014. Court ORALLY Denies 127 Motion in Limine and ORALLY Denies 135 Motion in Limine. Trial details finalized. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 08/01/2014)

PACER
145

ORDER GRANTING 126 Motion for Melissa A. Cochen to Appear Pro Hac Vice on behalf of non-parties Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, and Planned Parenthood South Texas Surgical Center and the Court. 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. (klw) (Entered: 08/01/2014)

PACER
147

ORDER DENYING State Defendants' 146 Emergency Motion Objecting to Magistrate's 142 Order on Motion to Compel. Signed by Judge Lee Yeakel. (klw) (Entered: 08/01/2014)

PACER
148

ORDER GRANTING in Part, DENYING in Part State Defendants' 48 Motion to Dismiss to the following extent: (1) Plaintiffs' challenges to the admitting privileges requirement and the ambulatory-surgical-center requirement under the Equal Protection Clause of the Fourteenth Amendment are DISMISSED; (2) Plaintiffs' improper delegation of lawmaking authority claims are DISMISSED; (3) Plaintiffs' claims that both requirements constitute arbitrary and unreasonable state action are DISMISSED. In all other respects, the State's motion is DENIED. Signed by Judge Lee Yeakel. (klw) (Entered: 08/01/2014)

Clearinghouse
146

EMERGENCY Motion for Reconsideration of Magistrate Judge's 142 Order on Motion to Compel by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) Modified on 8/1/2014 to correct event type and text (klw). (Entered: 08/01/2014)

PACER
149

MOTION for Protective Order to Withhold Privileged Documents by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order Proposed Order)(Soto, Esteban) (Entered: 08/02/2014)

PACER
147

ORDER DENYING State Defendants' 146 Emergency Motion Objecting to Magistrate's 142 Order on Motion to Compel. Signed by Judge Lee Yeakel. (klw) (Entered: 08/01/2014)

PACER
150

Opposed MOTION to Clarify the Scope of Trial re 148 Order on Motion to Dismiss for Failure to State a Claim,, by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order Proposed Order Granting Motion)(Soto, Esteban) (Entered: 08/03/2014)

1 Proposed Order Proposed Order Granting Motion

View on PACER

RECAP
148

ORDER GRANTING in Part, DENYING in Part State Defendants' 48 Motion to Dismiss to the following extent: (1) Plaintiffs' challenges to the admitting privileges requirement and the ambulatory-surgical-center requirement under the Equal Protection Clause of the Fourteenth Amendment are DISMISSED; (2) Plaintiffs' improper delegation of lawmaking authority claims are DISMISSED; (3) Plaintiffs' claims that both requirements constitute arbitrary and unreasonable state action are DISMISSED. In all other respects, the State's motion is DENIED. Signed by Judge Lee Yeakel. (klw) (Entered: 08/01/2014)

Clearinghouse
151

Response in Opposition to Motion, filed by Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Whole Woman's Health, re 149 MOTION for Protective Order to Withhold Privileged Documents filed by Defendant Mari Robinson, Defendant David Lakey, M.D. (Toti, Stephanie) (Entered: 08/03/2014)

PACER
149

MOTION for Protective Order to Withhold Privileged Documents by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order Proposed Order)(Soto, Esteban) (Entered: 08/02/2014)

PACER
175

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial Continued on 8/6/2014. Testimony & Evidence presented on behalf of Defendant. Plaintiff to continue with testimony & evidence on 08/07/14. Defts offer binder of Expert Witness Direct Testimony of Mayra Thompson, M.D., James Anderson, M.D. and Todd Giberson - Court ordered the testimony be made part of the record. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Additional attachment(s) added on 8/7/2014: # 1 Direct Testimony of Mayra Jimenez Thompson, M.D., # 2 Direct Testimony of James Anderson, M.D., # 3 Direct Testimony of Todd Giberson) (klw). (Entered: 08/07/2014)

PACER
150

Opposed MOTION to Clarify the Scope of Trial re 148 Order on Motion to Dismiss for Failure to State a Claim,, by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order Proposed Order Granting Motion)(Soto, Esteban) (Entered: 08/03/2014)

1 Proposed Order Proposed Order Granting Motion

View on PACER

RECAP
176

NOTICE ; Plaintiffs' Counter-Designations and Objections by Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Whole Woman's Health (Toti, Stephanie) (Entered: 08/07/2014)

RECAP
151

Response in Opposition to Motion, filed by Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Whole Woman's Health, re 149 MOTION for Protective Order to Withhold Privileged Documents filed by Defendant Mari Robinson, Defendant David Lakey, M.D. (Toti, Stephanie) (Entered: 08/03/2014)

PACER
175

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial Continued on 8/6/2014. Testimony & Evidence presented on behalf of Defendant. Plaintiff to continue with testimony & evidence on 08/07/14. Defts offer binder of Expert Witness Direct Testimony of Mayra Thompson, M.D., James Anderson, M.D. and Todd Giberson - Court ordered the testimony be made part of the record. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Additional attachment(s) added on 8/7/2014: # 1 Direct Testimony of Mayra Jimenez Thompson, M.D., # 2 Direct Testimony of James Anderson, M.D., # 3 Direct Testimony of Todd Giberson) (klw). (Entered: 08/07/2014)

PACER
177

RESPONSE Defendants' Counter Designations by David Escamilla, Jaime Esparza, Rene Guerra, David Lakey, MD, James E. Nichols, Susan D. Reed, Mari Robinson, Joe Shannon, Jr., Craig Watkins. (Stephens, Andrew) (Entered: 08/07/2014)

RECAP
1

COMPLAINT ( Filing fee $ 400 receipt number 100020589), filed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet /Receipt)(klw) (Entered: 04/03/2014)

April 2, 2014

April 2, 2014

Clearinghouse
176

NOTICE ; Plaintiffs' Counter-Designations and Objections by Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Whole Woman's Health (Toti, Stephanie) (Entered: 08/07/2014)

RECAP
177

RESPONSE Defendants' Counter Designations by David Escamilla, Jaime Esparza, Rene Guerra, David Lakey, MD, James E. Nichols, Susan D. Reed, Mari Robinson, Joe Shannon, Jr., Craig Watkins. (Stephens, Andrew) (Entered: 08/07/2014)

RECAP
2

Letters to Stephanie Toti, Esha Bhandari and Natasha Lycia Ora Bannan re: non-admitted status. (klw) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
3

NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of David Lakey, MD, Mari Robinson. Attorney Jonathan F. Mitchell added to party David Lakey, MD(pty:dft), Attorney Jonathan F. Mitchell added to party Mari Robinson(pty:dft) (Mitchell, Jonathan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
4

NOTICE of Attorney Appearance by Jan Soifer on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. Attorney Jan Soifer added to party Abortion Advantage(pty:pla), Attorney Jan Soifer added to party Austin Woman's Health Center(pty:pla), Attorney Jan Soifer added to party Lendol L. Davis, MD(pty:pla), Attorney Jan Soifer added to party Killeen Woman's Health Center(pty:pla), Attorney Jan Soifer added to party Sherwood C. Lynn, Jr., MD(pty:pla), Attorney Jan Soifer added to party Nova Health Systems(pty:pla), Attorney Jan Soifer added to party Pamela J. Richter, DO(pty:pla), Attorney Jan Soifer added to party Lamar Robinson, MD(pty:pla), Attorney Jan Soifer added to party Whole Woman's Health(pty:pla) (Soifer, Jan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
5

MOTION to Appear Pro Hac Vice by Jan Soifer (Esha Bhandari) ( Filing fee $ 100 receipt number 0542-6377837) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Attachment 1 replaced on 9/3/2014) (klw). (Main Document 5 replaced on 9/3/2014) (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
6

MOTION to Appear Pro Hac Vice by Jan Soifer (Stephanie Toti) ( Filing fee $ 100 receipt number 0542-6377956) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Attachment 1 replaced on 9/3/2014) (klw). (Main Document 6 replaced on 9/3/2014) (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
7

MOTION to Appear Pro Hac Vice by Jan Soifer (John H. Bucy, II) ( Filing fee $ 100 receipt number 0542-6377983) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Attachment 1 replaced on 9/3/2014) (klw). (Main Document 7 replaced on 9/3/2014) (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
8

NOTICE of Attorney Appearance by Andrew S. Oldham on behalf of David Lakey, MD, Mari Robinson. Attorney Andrew S. Oldham added to party David Lakey, MD(pty:dft), Attorney Andrew S. Oldham added to party Mari Robinson(pty:dft) (Oldham, Andrew) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
9

MOTION to Appear Pro Hac Vice by Jan Soifer (Natasha Lycia Ora Bannan) ( Filing fee $ 100 receipt number 0542-6378011) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Attachment 1 replaced on 9/3/2014) (klw). (Main Document 9 replaced on 9/3/2014) (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
10

MOTION for Preliminary Injunction by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
11

NOTICE of Attorney Appearance by Michael P. Murphy on behalf of David Lakey, MD, Mari Robinson. Attorney Michael P. Murphy added to party David Lakey, MD(pty:dft), Attorney Michael P. Murphy added to party Mari Robinson(pty:dft) (Murphy, Michael) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
12

*** WITHDRAWN Pursuant to 32 Order *** Amended MOTION for Preliminary Injunction by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Declaration-Miller, # 2 Declaration-Ferrigno, # 3 Declaration-Carreon, # 4 Declaration-Laster, # 5 Declaration-Fine, # 6 Declaration-Raymond, # 7 Declaration-Felix, # 8 Proposed Order)(Soifer, Jan) Modified on 4/17/2014 (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Soifer, Jan) (Main Document 13 replaced on 9/3/2014) (klw). (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Soifer, Jan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
15

Memorandum in Support of 12 Amended MOTION for Preliminary Injunction by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Appendix)(Soifer, Jan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
16

Summons Issued as to David Escamilla, Jaime Esparza, Rene Guerra, David Lakey, MD, James E. Nichols, Susan D. Reed, Mari Robinson, Joe Shannon, Jr., Craig Watkins. (klw) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
17

ORDER GRANTING 9 Motion for Natasha Lycia Ora Bannan 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 Lee Yeakel. (klw) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
18

ORDER GRANTING 6 Motion for Stephanie Toti 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 Lee Yeakel. (klw) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
19

ORDER GRANTING 5 Motion for Esha Bhandari 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 Lee Yeakel. (klw) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
20

ORDER GRANTING 7 Motion for John H. Bucy, II 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 Lee Yeakel. (klw) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
21

NOTICE of Attorney Appearance by Beth Klusmann on behalf of David Lakey, MD, Mari Robinson. Attorney Beth Klusmann added to party David Lakey, MD(pty:dft), Attorney Beth Klusmann added to party Mari Robinson(pty:dft) (Klusmann, Beth) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
22

MOTION for Temporary Restraining Order by Nova Health Systems, Pamela J. Richter, DO. (Attachments: # 1 Declaration of Gerri Laster, # 2 Declaration of Stephanie Toti, # 3 Proposed Order)(Soifer, Jan) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
23

Unopposed MOTION for Leave to Exceed Page Limitation by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Exceed Page Limit, # 2 Exhibit Response in Opposition to Plaintiffs' Amended Motion for a Preliminary Injunction, # 3 Exhibit Proposed Order Denying Plaintiffs' Amended Motion for a Preliminary Injunction, # 4 Exhibit Declaration of Dr. Anderson, # 5 Exhibit Declaration of Dr. Keyes, # 6 Exhibit Declaration of Dr. Thorp, # 7 Exhibit Declaration of Dr. Uhlenberg)(Mitchell, Jonathan) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
24

Response in Opposition to Motion, filed by David Lakey, MD, Mari Robinson, re 22 MOTION for Temporary Restraining Order filed by Plaintiff Nova Health Systems, Plaintiff Pamela J. Richter, D.O. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
25

Response in Opposition to Motion, filed by David Lakey, MD, Mari Robinson, re 12 Amended MOTION for Preliminary Injunction filed by Plaintiff Lamar Robinson, M.D., Plaintiff Nova Health Systems, Plaintiff Killeen Woman's Health Center, Plaintiff Sherwood C. Lynn, Jr., M.D., Plaintiff Lendol L. Davis, M.D., Plaintiff Whole Woman's Health, Plaintiff Austin Woman's Health Center, Plaintiff Abortion Advantage, Plaintiff Pamela J. Richter, D.O. (Attachments: # 1 Proposed Order, # 2 Appendix Dr. Anderson Declaration, # 3 Appendix Dr. Keyes Declaration, # 4 Appendix Dr. Thorpe Declaration, # 5 Appendix Dr. Uhlenberg Declaration)(Mitchell, Jonathan) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
26

NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of David Lakey, MD, Mari Robinson. Attorney Andrew Bowman Stephens added to party David Lakey, MD(pty:dft), Attorney Andrew Bowman Stephens added to party Mari Robinson(pty:dft) (Stephens, Andrew) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
27

NOTICE of Attorney Appearance by Esteban San Miguel Soto on behalf of David Lakey, MD, Mari Robinson. Attorney Esteban San Miguel Soto added to party David Lakey, MD(pty:dft). (Soto, Esteban) Modified docket text on 4/15/2014 (kkc). (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
28

NOTICE of Attorney Appearance by James Davis Blacklock on behalf of David Lakey, MD, Mari Robinson. Attorney James Davis Blacklock added to party David Lakey, MD(pty:dft), Attorney James Davis Blacklock added to party Mari Robinson(pty:dft) (Blacklock, James) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
29

MOTION APPLICATION FOR COURT ORDER AUTHORIZING THE DISCLOSURE AND USE OF TEXAS DEPARTMENT OF STATE HEALTH SERVICES INVESTIGATION DOCUMENTS by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order)(Blacklock, James) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
30

Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 4/16/2014 re 22 MOTION for Temporary Restraining Order filed by Nova Health Systems, Pamela J. Richter, D.O. Motion ruled on - written order to follow. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodirguez.)(klw) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
31

ORDER GRANTING State Defendants' 23 Motion for Leave to File Excess Pages in Response to Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (klw) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
32

ORDER DENYING Plaintiffs' 22 Motion for TRO; WITHDRAWING Plaintiff's 12 Amended Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (klw) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

Clearinghouse
33

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. David Escamilla served on 4/15/2014, answer due 5/6/2014. (Soifer, Jan) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
34

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. David Lakey, MD served on 4/16/2014, answer due 5/7/2014. (Soifer, Jan) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
35

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Mari Robinson served on 4/14/2014, answer due 5/5/2014. (Soifer, Jan) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
36

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Susan D. Reed served on 4/15/2014, answer due 5/6/2014. (Soifer, Jan) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
37

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. James E. Nichols served on 4/16/2014, answer due 5/7/2014. (Soifer, Jan) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
38

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference in Chambers held on 4/22/2014. Court settings announced. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
39

NOTICE of Withdrawal of State Defendants Application by David Lakey, MD, Mari Robinson re 29 MOTION APPLICATION FOR COURT ORDER AUTHORIZING THE DISCLOSURE AND USE OF TEXAS DEPARTMENT OF STATE HEALTH SERVICES INVESTIGATION DOCUMENTS (Blacklock, James) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
40

Proposed Pretrial Order (Agreed) by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Toti, Stephanie) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
41

NOTICE of Attorney Appearance by Enrique M. Varela on behalf of David Lakey, MD, Mari Robinson. Attorney Enrique M. Varela added to party David Lakey, MD(pty:dft), Attorney Enrique M. Varela added to party Mari Robinson(pty:dft) (Varela, Enrique) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

PACER
42

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Jaime Esparza served on 4/16/2014, answer due 5/7/2014. (Soifer, Jan) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
43

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Craig Watkins served on 4/22/2014, answer due 5/13/2014. (Soifer, Jan) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
44

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Rene Guerra served on 4/17/2014, answer due 5/8/2014. (Soifer, Jan) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
45

SUMMONS Returned Executed by Sherwood C. Lynn, Jr., MD, Abortion Advantage, Whole Woman's Health, Austin Woman's Health Center, Lendol L. Davis, MD, Pamela J. Richter, DO, Killeen Woman's Health Center, Lamar Robinson, MD, Nova Health Systems. Joe Shannon, Jr. served on 4/22/2014, answer due 5/13/2014. (Soifer, Jan) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
46

SCHEDULING ORDER: Amended Pleadings due by 4/28/2014, Discovery due by 7/21/2014, Joinder of Parties due by 4/28/2014, Dispositive Motions due by 7/28/2014. Pretrial Conference set for 8/1/2014 09:30 AM before Judge Lee Yeakel, Jury Selection / Trial set for 8/4/2014 09:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (klw) Modified on 4/29/2014 to correct filed date (klw). (Entered: 04/29/2014)

April 28, 2014

April 28, 2014

PACER
47

Transcript filed of Proceedings held on April 16, 2014, Proceedings Transcribed: Oral Argument on Plaintiffs' Motions for Temporary Retraining 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 5/23/2014, Redacted Transcript Deadline set for 6/2/2014, Release of Transcript Restriction set for 7/31/2014, (Rodriguez, Arlinda) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
48

Motion to Dismiss for Failure to State a Claim by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
49

Joint MOTION to Dismiss Joint Motion to Dismiss the Local Prosecutor Defendants by David Escamilla, Jaime Esparza, Rene Guerra, James E. Nichols, Susan D. Reed, Joe Shannon, Jr., Craig Watkins. (Thomas, Sherine) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
50

MOTION to Appear Pro Hac Vice by Jan Soifer J. Alexander Lawrence ( Filing fee $ 100 receipt number 0542-6466550) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
51

MOTION to Appear Pro Hac Vice by Jan Soifer Betre M. Gizaw ( Filing fee $ 100 receipt number 0542-6466590) by on behalf of Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Soifer, Jan) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
52

ORDER GRANTING 50 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. (kkc) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
53

ORDER GRANTING 51 Motion for Betre M. Gizaw 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. (kkc) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
54

ORDER GRANTING 49 Motion to Dismiss Local Prosecutor Defendants. Terminated party Rene Guerra, James E. Nichols, Susan D. Reed, Joe Shannon, Jr., Craig Watkins, David Escamilla and Jaime Esparza. Signed by Judge Lee Yeakel. (kkc) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
55

MOTION REQUESTING ELECTRONIC NOTIFICATIONS by Evan Stone. (Attachments: # 1 Exhibit Screenshot of Northern District ECF Interface, # 2 Exhibit Declaration of Evan Stone, # 3 Proposed Order)(Stone, Evan) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
56

ORDER modifying the case style pursuant to reflect the removal of recently dismissed parties. Signed by Judge Lee Yeakel. (klw) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
57

Memorandum in Opposition to Motion, filed by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health, re 48 Motion to Dismiss for Failure to State a Claim filed by Defendant Mari Robinson, Defendant David Lakey, M.D. (Lawrence, J.) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
58

MOTION to Quash Subpoena and Motion for Fees by Aaron Family Planning. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Exhibit A)(Lewis, Chip) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
59

Unopposed MOTION for Leave to Exceed Page Limitation by David Lakey, MD, Mari Robinson. (Attachments: # 1 Proposed Order, # 2 Defendants' Reply Brief)(Mitchell, Jonathan) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
60

Joint MOTION for Protective Order by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Toti, Stephanie) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
61

Joint MOTION for Disclosure by Abortion Advantage, Austin Woman's Health Center, Lendol L. Davis, MD, Killeen Woman's Health Center, Sherwood C. Lynn, Jr., MD, Nova Health Systems, Pamela J. Richter, DO, Lamar Robinson, MD, Whole Woman's Health. (Attachments: # 1 Proposed Order)(Toti, Stephanie) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
62

ORDER GRANTING Defendants' 59 Motion for Leave to File Excess Pages in filing of Reply Brief Supporting Defendants' 48 Motion to Dismiss. Signed by Judge Lee Yeakel. (klw) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
63

Defentant's REPLY Brief in Support of their 48 Motion to Dismiss for Failure to State a Claim. (klw) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
64

ORDER GRANTING Joint 61 Motion authorizing the disclosure and use of abortion-related docments, information and data. Signed by Judge Lee Yeakel. (klw) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
65

CONFIDENTIALITY and PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (klw) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
66

RESPONSE to Motion, filed by David Lakey, MD, Mari Robinson, re 58 MOTION to Quash Subpoena and Motion for Fees filed by Neutral Aaron Family Planning (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stephens, Andrew) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
67

DEFICIENCY NOTICE Andrew Bowman Stephens: re 66 Response to Motion. Pursuant to the Administrative Policies and Procedures, Proposed Orders are Required when a Response to a Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "ATTACHMENT" event from the menu and LINK the Proposed Order to your Response. In the Docket Text, type "(Proposed Order)". (klw) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
68

ATTACHMENT Proposed Order to 66 Response to Motion, by David Lakey, MD, Mari Robinson. (Stephens, Andrew) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
69

ORDER REFERRING MOTION: 58 MOTION to Quash Subpoena and Motion for Fees filed by Aaron Family Planning. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (klw) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
70

ORDER for the parties to conference re 58 MOTION to Quash no later than 06/06/14. Movant to file an Advisory by noon on 6/9/2014. Signed by Judge Andrew W. Austin. (klw) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
71

NOTICE of Voluntary Dismissal by Abortion Advantage, Lamar Robinson, MD (Toti, Stephanie) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
72

ORDER that the clerk and the parties in this case use the style in this Orderfor all future pleadings in this case (Abortion Advantage and Lamar Robinson, MD terminated). Signed by Judge Lee Yeakel. (kkc) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
73

ADVISORY TO THE COURT by Aaron Family Planning. (Lewis, Chip) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
74

MOTION to Modify re 65 Protective Order, 64 Order on Motion for Disclosure by Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(O'Brien, Patrick) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
75

MOTION for Miranda H. Turner to Appear Pro Hac Vice by Adriana Cecilia Pinon ( Filing fee $ 100 receipt number 0542-6576641) by on behalf of Southwestern Women's Surgery Center. (Pinon, Adriana) Modified on 6/16/2014 (kkc). (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
76

NOTICE by Southwestern Women's Surgery Center, Routh Street Women's Clinic of Filing in Support of Planned Parenthood's Motion to Modify re 74 MOTION to Modify re 65 Protective Order, 64 Order on Motion for Disclosure. (Pinon, Adriana) Modified on 6/16/2014 (kkc). (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: April 2, 2014

Closing Date: Aug. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of Texas abortion clinics and physicians

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of the Texas Department of State Health Services (Travis), State

Executive Director of the Texas Medical Board (Travis), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $2,468,002.76

Order Duration: 2016 - None

Issues

Reproductive rights:

Admitting privileges

Licensing restriction

Facility requirements

General:

Abortion

Medical/Mental Health:

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