Case: Choice Inc. of Texas v. Greenstein

3:10-cv-00783 | U.S. District Court for the Middle District of Louisiana

Filed Date: Nov. 17, 2010

Closed Date: Aug. 17, 2012

Clearinghouse coding complete

Case Summary

This is a case about constitutional challenges to a Louisiana Act that allowed the Secretary of the Louisiana Department of Health and Hospitals to revoke an outpatient abortion facility’s license upon violation of any state or federal law or regulation. The case also concerned a zero-tolerance policy that the department instituted whereby the abortion facilities received no notice or opportunity to correct violations before having their license revoked. On September 20, 2010, several clinics t…

This is a case about constitutional challenges to a Louisiana Act that allowed the Secretary of the Louisiana Department of Health and Hospitals to revoke an outpatient abortion facility’s license upon violation of any state or federal law or regulation. The case also concerned a zero-tolerance policy that the department instituted whereby the abortion facilities received no notice or opportunity to correct violations before having their license revoked. On September 20, 2010, several clinics that operate in Louisiana as well as a physician, represented by private counsel and the Center for Reproductive Rights, filed suit in the United States District Court for the Middle District of Louisiana under 42 U.S.C. §1983. The plaintiffs sued the Secretary of the Louisiana Department of Health and Hospitals for violating their equal protection and substantive due process rights as well as for violating the plaintiff's rights physician’s patients’ right to terminate a pregnancy. The plaintiffs also challenged the constitutionality of the Act based on a claim that it was too vague, and they sought declaratory and injunctive relief.

The case was assigned to Judge James J. Brady.

On December 14, 2010, the defendant filed a motion to dismiss which was granted by the court on February 23, 2011 on the basis that the case was not yet ripe. 781 F.Supp.2d 313.

The plaintiffs appealed the decision on March 25, 2011 to the Fifth Circuit Court of Appeals (USCA 11-30296). The Fifth Circuit on August 17, 2012 affirmed the district court's decision. In an opinion written by Judge Priscilla R. Owen and joined by Judge Edith Clement, the court held that the case was not ripe. Specifically, the actual hardship that the plaintiffs alleged had not yet occurred and therefore was not caused by the state's act. 691 F.3d 710. Judge James Dennis filed a dissenting opinion, arguing that the case was ripe for judicial review because the law modified the clinics' formal legal licenses and imposed new civil liability in the form of sanctions.

The plaintiffs did not appeal this decision to the Supreme Court. This case is closed as of September 13, 2012. 

Summary Authors

Rhea Sharma (3/18/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4871261/parties/choice-inc-of-texas-v-greenstein/


Judge(s)

Brady, James J. (Louisiana)

Attorney for Plaintiff

Jones, Bonnie Scott (Louisiana)

Lawrence, J. Alexander (Louisiana)

Attorney for Defendant

Eaton, Fernin Farrell (Louisiana)

Humbles, Kimberly L. (Louisiana)

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Documents in the Clearinghouse

Document
1

3:10-cv-00783

Complaint

Nov. 17, 2010

Nov. 17, 2010

Complaint
28

3:10-cv-00783

Ruling on Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(2)

Choice Inc. of Texas v Greenstein

Feb. 23, 2011

Feb. 23, 2011

Order/Opinion

781 F.Supp.2d 781

11-30296

[Untitled]

Choice Inc. of Texas v Greenstein

U.S. Court of Appeals for the Fifth Circuit

Aug. 7, 2012

Aug. 7, 2012

Order/Opinion

691 F.3d 691

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4871261/choice-inc-of-texas-v-greenstein/

Last updated Feb. 26, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bruce D. Greenstein ( Filing fee $ 350 receipt number 053N-621991.), filed by John Doe, M.D., Midtown Medical, LLC, Choice Inc. of Texas d/b/a Causeway Medical Clinic, Delta Clinic of Baton Rouge, Inc., Bossier City Medical Suite, Inc., Women's Health Care Center, Inc.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Summons)(Rittenberg, William) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

Clearinghouse
2

Corporate Disclosure Statement by Bossier City Medical Suite, Inc., Choice Inc. of Texas d/b/a Causeway Medical Clinic, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. (Rittenberg, William) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
3

Summons Issued as to Bruce D. Greenstein. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BP) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
4

MOTION for Bonnie Scott Jones to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622381) by All Plaintiffs. (Attachments: # 1 Declaration of Bonnie Scott Jones, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
5

MOTION for J. Alexander Lawrence to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622390) by All Plaintiffs. (Attachments: # 1 Declaration of J. Alexander Lawrence, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
6

MOTION for Jamie A. Levitt to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622393) by All Plaintiffs. (Attachments: # 1 Declaration of Jamie A. Levitt, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
7

MOTION for Stephanie Toti to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622395) by All Plaintiffs. (Attachments: # 1 Declaration of Stephanie Toti, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rittenberg, William) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER

MOTION(S) REFERRED: 6 MOTION for Jamie A. Levitt to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622393) MOTION for Jamie A. Levitt to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622393), 5 MOTION for J. Alexander Lawrence to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622390) MOTION for J. Alexander Lawrence to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622390), 7 MOTION for Stephanie Toti to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622395) MOTION for Stephanie Toti to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622395), 4 MOTION for Bonnie Scott Jones to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622381) MOTION for Bonnie Scott Jones to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-622381). This motion is now pending before the USMJ. (BP)

Nov. 18, 2010

Nov. 18, 2010

PACER
8

ORDER granting 4 Motion for Bonnie Scott Jones to Appear Pro Hac Vice. Signed by Magistrate Judge Christine Noland on 11/22/10. (BP) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
9

ORDER granting 5 Motion for J. Alexander Lawrence to Appear Pro Hac Vice. Signed by Magistrate Judge Christine Noland on 11/22/10. (BP) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
10

ORDER granting 6 Motion for Jamie A. Levitt to Appear Pro Hac Vice. Signed by Magistrate Judge Christine Noland on 11/22/10. (BP) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
11

ORDER granting 7 Motion for Stephanie Toti to Appear Pro Hac Vice. Signed by Magistrate Judge Christine Noland on 11/22/10. (BP) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
12

90 DAY CONFERENCE ORDER: Scheduling Conference set for 3/25/2011 at 09:00 AM in chambers before Magistrate Judge Christine Noland. Status Report due by 3/11/2011.. Signed by Magistrate Judge Christine Noland on 11/30/2010. (CMM) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
13

MOTION for Protective Order by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. (Attachments: # 1 Memorandum of Law in Support of Plaintiff John Doe's Motion for a Protective Order, # 2 Exhibit A, # 3 Declaration of John Doe, M.D., # 4 Protective Order, # 5 Affidavit of Service)(Lawrence, J.) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER

MOTION(S) REFERRED: 13 MOTION for Protective Order. This motion is now pending before the USMJ. (JDL)

Dec. 6, 2010

Dec. 6, 2010

PACER
14

First MOTION to Dismiss 1 Complaint by Bruce D. Greenstein. (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Eaton, Fernin) Modified on 12/14/2010 to edit text to edit text. (CMM) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER
15

MEMORANDUM in Opposition to 13 MOTION for Protective Order filed by Bruce D. Greenstein. (Eaton, Fernin) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER
16

NOTICE to Parties on 14 First MOTION to Dismiss 1 Complaint : Opposition to the motion shall be filed on or before 1/4/11. The mover may file a reply brief within 15 days of the filing of the opposition. Signed by Judge James J. Brady on 12/15/10. (BP) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
17

Unopposed MOTION for Extension of Time to File Response to 14 First MOTION to Dismiss 1 Complaint by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. (Attachments: # 1 Proposed Order)(Rittenberg, William) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
18

ORDER granting 17 Motion for Extension of Time to File Response to 14 First MOTION to Dismiss. Response due by 1/25/11. Signed by Judge James J. Brady on 12/17/10. (BP) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
19

SUMMONS Returned Executed by John Doe, M.D., Midtown Medical, LLC, Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., Bossier City Medical Suite, Inc., Women's Health Care Center, Inc.. Bruce D. Greenstein served on 11/23/2010, answer due 12/13/2010. (Lawrence, J.) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
20

Unopposed MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiff John Doe M.D.'s Motion for a Protective Order by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. (Attachments: # 1 Proposed Order, # 2 Reply Memorandum of Law in Further Support of Plaintiff John Doe M.D.'s Motion for a Protective Order)(Rittenberg, William) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

PACER

MOTION(S) REFERRED: 20 Unopposed MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiff John Doe M.D.'s Motion for a Protective Order. This motion is now pending before the USMJ. (NLT)

Dec. 23, 2010

Dec. 23, 2010

PACER
21

ORDER granting 20 Unopposed MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiff John Doe M.D.'s Motion for a Protective Order filed by Midtown Medical, LLC, John Doe, M.D., Delta Clinic of Baton Rouge, Inc., Bossier City Medical Suite, Inc., Choice Inc. of Texas, Women's Health Care Center, Inc.. Signed by Magistrate Judge Christine Noland on 12/27/10. (BP) (Entered: 12/27/2010)

Dec. 27, 2010

Dec. 27, 2010

PACER
22

REPLY to 15 Memorandum in Opposition to 13 MOTION for Protective Order filed by John Doe, M.D.. (BP) (Main Document 22 replaced on 12/28/2010) (BP). (Entered: 12/27/2010)

Dec. 27, 2010

Dec. 27, 2010

PACER
23

MEMORANDUM in Opposition to 14 First MOTION to Dismiss 1 Complaint filed by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. (Attachments: # 1 Exhibit 1)(Rittenberg, William) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
24

MOTION for Extension of Time to File Response to 23 Memorandum in Opposition to 14 Motion to Dismiss by All Defendants. (Eaton, Fernin) Modified on 2/8/2011 to edit text (BP). (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
25

ORDER granting 24 Motion for Extension of Time to File Response to 23 the Opposition to 14 MOTION to Dismiss 1 Complaint. Replies due by 2/23/2011. Signed by Judge James J. Brady on 2/8/2011. (JDL) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
26

Second MOTION for Extension of Time to file Reply to Memo [docket 13] by Bruce D. Greenstein. (Eaton, Fernin) Modified on 2/22/2011 to edit title (BP). (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER

Set/Reset Deadlines as to 14 First MOTION to Dismiss 1 Complaint. Replies due by 3/2/2011. (PAH)

Feb. 22, 2011

Feb. 22, 2011

PACER
27

ORDER granting 26 Motion for Extension of Time until March 2, 2011 within which to file responsive pleadings.. Signed by Judge James J. Brady on 02/22/11. (PAH) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
28

RULING On Defendant's Motion To Dismiss Pursuant To Fed.R.Civ.P.12 (B)(1) and 12 (B)(6) granting 14 Motion to Dismiss.. Signed by Judge James J. Brady on 2/18/2011. (PJH) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

Clearinghouse
29

JUDGMENT in favor of defendant Bruce D. Greenstein, in his official capacity as Secretary of the La. Dept. of Health and Hospitals, for lack of subject matter jurisdiction. Signed by Judge James J. Brady on 2/28/11. (BP) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
30

NOTICE OF APPEAL of 29 Judgment by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc.. Filing fee $ 455, receipt number 053N-663551. (Rittenberg, William) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

PACER
31

USCA Case Number 11-30296 for 30 Notice of Appeal. (BP) (Entered: 04/01/2011)

April 1, 2011

April 1, 2011

PACER

Record on Appeal Electronically Certified regarding 30 Notice of Appeal,. US Court of Appeals notified of certification. (PJH)

April 4, 2011

April 4, 2011

PACER
32

TRANSCRIPT REQUEST by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc. re 30 Notice of Appeal, (Rittenberg, William) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
33

REQUEST by Bossier City Medical Suite, Inc., Choice Inc. of Texas, Delta Clinic of Baton Rouge, Inc., John Doe, M.D., Midtown Medical, LLC, Women's Health Care Center, Inc. for Record on Appeal regarding 30 Notice of Appeal,. (Lawrence, J.) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
34

Transmitted Electronic Record on Appeal to Counsel of Record regarding 30 Notice of Appeal,. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (Attachments: # 1 Appeal Record)(PAH) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
35

REQUEST by Bruce D. Greenstein for Record on Appeal regarding 30 Notice of Appeal. (Duncan, S.) Modified on 5/19/2011 to edit text. (CMM) Transmitted Electronic Record on Appeal to Counsel of Record regarding 30 Notice of Appeal has been regenerated on 5/19/2011 to counsel of record. (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
36

REQUEST by Bruce D. Greenstein for Record on Appeal regarding 30 Notice of Appeal,. (Duncan, S.) Attorney S. Duncan is not enrolled in this case and will obtain record from enrolled counsel of record. Modified on 6/6/2011 edit text. (CMM) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
37

Transmitted Record on Appeal to US Court of Appeals regarding 30 Notice of Appeal,. (NLT) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
38

MANDATE of USCA as to 30 Notice of Appeal, filed by Midtown Medical, LLC, John Doe, M.D., Delta Clinic of Baton Rouge, Inc., Bossier City Medical Suite, Inc., Choice Inc. of Texas, Women's Health Care Center, Inc.: The Judgment of the District Court is affirmed. (DCB) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Nov. 17, 2010

Closing Date: Aug. 17, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Louisiana clinics and a physician

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the Louisiana Department of Health and Hospitals, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Licensing restriction

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

Abortion