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: Feb. 16, 2023

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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 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.

On July 7, 2022, the defendants filed a motion, requesting that the judgment be vacated in light of the United States Supreme Court's opinion in Jackson Women's Health Org. v. Dobbs. On February 16, 2023, the court granted the motion, vacating the final judgment and the injunction because of the change in constitutional law. This case is now closed.

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Summary Authors

Laura Irei (3/25/2022)

Michelle Wolk (12/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401179/parties/whole-womans-health-v-hellerstedt/

Judge(s)

Attorney for Plaintiff

Bucy, John H. (Texas)

Fletcher, Kiersten A. (Texas)

Attorney for Defendant

Blacklock, James Davis (Texas)

Expert/Monitor/Master/Other

Castillo, Edward J. (Texas)

Cohen, Melissa A. (Texas)

Judge(s)

Yeakel, Earl Leroy (Texas)

Attorney for Plaintiff

Bucy, John H. (Texas)

Fletcher, Kiersten A. (Texas)

Gizaw, Betre M. (Texas)

O'Connell, Patrick J. (Texas)

Rikelman, Julie (Texas)

Soifer, Jan (Texas)

Attorney for Defendant

Blacklock, James Davis (Texas)

Hawkins, Kyle D. (Texas)

Klusmann, Beth (Texas)

Murphy, Michael P. (Texas)

Oldham, Andrew S. (Texas)

Wassdorf, William D. (Texas)

Expert/Monitor/Master/Other

Castillo, Edward J. (Texas)

Cohen, Melissa A. (Texas)

Krasnoff, Helene T. (Texas)

Lawrence, J. Alexander (Texas)

Lewis, Chip (Texas)

O'Brien, Patrick Gregory (Texas)

O'Connor, Mary L. (Texas)

Toti, Stephanie (Texas)

Turner, Miranda H. (Texas)

Attorney Contact Information via CourtListener

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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	Aug. 29, 2014	Aug. 29, 2014 Order/Opinion 46 F.Supp.3d 46
1:14-cv-00284 14-50928	Opinion Whole Woman’s Health v. Lakey U.S. Court of Appeals for the Fifth Circuit	Oct. 2, 2014	Oct. 2, 2014 Order/Opinion 769 F.3d 769
1:14-cv-00284 14-50928	Opinion Whole Woman’s Health v. Cole U.S. Court of Appeals for the Fifth Circuit	June 9, 2015	June 9, 2015 Order/Opinion 790 F.3d 790
1:14-cv-00284 15-00274	[Opinion of the Court] Whole Woman’s Health v. Hellerstedt Supreme Court of the United States	June 27, 2016	June 27, 2016 Order/Opinion 579 U.S. 579
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
326 1:14-cv-00284	Order	Feb. 16, 2023	Feb. 16, 2023 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Whole Woman’s Health v. Phillips Center for Reproductive Rights	The Center for Reproductive Rights filed litigation against the state of Texas in 2016 challenging unconstitutional new regulations that mandate the burial or cremation of embryonic and fetal tissue …	Sept. 5, 2019	Sept. 5, 2019 https://reproductiverights.org/...
Whole Woman’s Health v. Hellerstedt Center for Reproductive Rights	On June 27, 2016, the U.S. Supreme Court issued a historic decision striking down a Texas law designed to shut down most of the state’s abortion clinics with medically unnecessary restrictions.The de…	June 27, 2016	June 27, 2016 https://reproductiverights.org/...
Whole Woman's Health v. Hellerstedt Oyez	In 2013, the Texas Legislature passed House Bill 2 (H.B. 2), which contained several provisions related to abortions. One such provision required that any physician performing an abortion have admitt…	June 27, 2016	June 27, 2016 https://www.oyez.org/...

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Docket

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

Last updated March 16, 2024, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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