Case: Jackson Women's Health Organization v. Currier

3:12-cv-00436 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 27, 2012

Closed Date: Feb. 1, 2019

Clearinghouse coding complete

Case Summary

This is a case challenging Mississippi’s House Bill 1390, which was passed in April 2012 and required all physicians associated with an abortion facility to (1) have admitting privileges at a local hospital and (2) be board-certified or eligible in obstetrics and gynecology. Several Mississippi legislators commented publicly that the purpose of the law was to end abortion in the state. On June 27, 2012, Jackson Whole Women’s Health, Mississippi’s sole abortion provider, along with one of its physicians, filed a complaint and moved for a temporary restraining order and preliminary injunction in the U.S. District Court for the Southern District of Mississippi. They sued the state health officer of the Mississippi Health Department in her official capacity and the district attorney for Hinds County, Mississippi, in his official capacity under 42 U.S.C. § 1983.

Represented by the Center for Reproductive Rights, the plaintiffs sought declaratory and injunctive relief in addition to attorneys’ fees and costs. First, they claimed that the admitting-privileges requirement and the OB/GYN requirement violated patients’ due process right to abortion under the Fourteenth Amendment by imposing a substantial obstacle for patients seeking abortions. Second, the plaintiffs claimed that the Mississippi Health Department’s decision to enforce the law immediately and its refusal to issue an interim license to the clinic violated the plaintiffs’ due process rights under the Fourteenth Amendment by depriving both the clinic and its physicians of their property interests in the business and by depriving the physician plaintiff of his right to pursue his chosen profession. Finally, the plaintiffs claimed that the admitting-privileges requirement violated the plaintiffs’ due process rights under the Fourteenth Amendment by impermissibly delegating the state’s licensing authority to third-party hospitals.

The case was assigned to Judge Daniel P. Jordan III and Magistrate Judge F. Keith Ball. After the plaintiffs filed the lawsuit, the defendants renewed the clinic’s license for another year and indicated that they would not pursue criminal prosecutions for violations of the law during that time. However, the defendants also stated that—after the law went into effect on July 1, 2012—they would initiate the administrative process to close the clinic. In light of this change, the plaintiffs amended their complaint.

Judge Jordan issued a temporary restraining order on July 1, 2012, enjoining enforcement of the law for 10 days until a hearing could be held on the matter of the preliminary injunction. 2012 WL 2510953. On July 11, 2012, the court heard oral arguments for the preliminary injunction and Judge Jordan granted the preliminary injunction two days later, allowing the law to take effect but enjoining the defendants from prosecuting the plaintiffs for continuing to operate the clinic while attempting to gain the necessary privileges. 878 F.Supp.2d 714. Meanwhile, the plaintiffs agreed that the two physicians who provided the majority of care at the clinic would continue to seek admitting privileges.

Four months later, the plaintiffs moved for a second preliminary injunction because the physicians had applied for admitting privileges at every local hospital and were rejected because they performed elective abortions. The state then sent the clinic an official notice that it would close the clinic following a hearing to revoke its license. Judge Jordan granted the second preliminary injunction on April 15, 2013, holding that closure of the only abortion clinic in Mississippi would unduly burden the right to abortion by forcing patients to travel out of state to receive services. 940 F.Supp.2d 416.

The following month, the defendants moved to clarify the preliminary injunction. First, they asked whether the court concluded that any regulation closing a state’s only abortion clinic would be per se unconstitutional. Second, they asked whether the court concluded that the admitting-privileges requirement was unnecessary. Judge Jordan issued an opinion clarifying the preliminary injunction on August 13, 2013. 2013 WL 12122002. In response to the first question, he held that the court’s conclusions related only to the plaintiffs’ specific claims, because the plaintiffs had pursued an as-applied challenge to the law. Regarding the second question, he clarified that the court did not conclude whether the admitting-privileges requirement was necessary, but that—even assuming the act was necessary—it was not sufficiently necessary to overcome the undue burden it imposed on the right to abortion.

Meanwhile, on July 2, 2013, the plaintiffs filed a second amended complaint, which dismissed the claim that the Mississippi Health Department violated the plaintiffs’ due process rights under the Fourteenth Amendment by depriving the clinic and its physicians of their property interests in the business and by depriving the physician plaintiff of his right to pursue his chosen profession.

After Judge Jordan clarified the preliminary injunction, the defendants appealed in the United States Court of Appeals for the Fifth Circuit (13-60599). Meanwhile, back in district court, they also filed a motion to stay discovery pending appeal, which Magistrate Judge Ball granted on October 10, 2013.

In the Fifth Circuit, Judges E. Grady Jolly, Stephen A. Higginson, and Emilio M. Garza heard oral arguments on April 28, 2014, and issued an opinion on July 29, 2014. The Fifth Circuit affirmed the district court’s grant of the preliminary injunction and modified the injunction to apply only to the plaintiffs. 760 F.3d 448. Judge Grady, writing for the court, held that the admitting-privileges requirement would force the only clinic in Mississippi to close and that this created an undue burden on the right to abortion. The panel also held that courts should not include clinics outside the state in their undue-burden analysis, because another state’s clinics cannot relieve a state of its obligation to provide its residents with access to abortion. Judge Garza dissented, writing that traveling across state lines to receive abortion services is not automatically an undue burden.

The defendants next petitioned for a writ of certiorari from the Supreme Court. While the petition was pending, the Court decided Whole Woman’s Health v. Hellerstedt and issued an opinion on June 27, 2016, striking down an identical admitting-privileges requirement in Texas. The following day, the Court denied the defendants’ petition for certiorari, declining to review the Mississippi law. 195 L.Ed.2d 867.

The following year, back in district court, the plaintiffs moved for partial summary judgment. Judge Jordan granted the motion on March 17, 2017, and converted the preliminary injunction into a permanent injunction in deference to the Supreme Court’s judgment in Whole Woman’s Health v. Hellerstedt.

After Judge Jordan issued the permanent injunction, the plaintiffs requested that the court (1) clarify that the previous order applied statewide and not only to the plaintiffs and (2) also declare the OB/GYN requirement facially unconstitutional. The court issued an opinion on March 15, 2018. 320 F.Supp.3d 828. The court first held that the permanent injunction regarding the admitting-privileges requirement applied statewide. Next, Judge Jordan held that the plaintiffs had not established that the OB/GYN requirement created a substantial obstacle to the right to abortion, because any arguments that abortion clinics experienced difficulty hiring board-eligible or board-certified ob-gyns was speculative. He therefore denied the plaintiffs motion to declare the OB/GYN requirement unconstitutional.

On May 29, 2018, the plaintiffs filed a motion for attorneys’ fees, requesting $1,145,146.75. The defendants agreed that the plaintiffs were entitled to attorneys’ fees but alleged that they should receive $411,047.50. Judge Jordan issued an opinion on February 1, 2019, awarding the plaintiffs $714,159. 2019 WL 418550. He held that Mississippi hourly rates applied to the plaintiffs’ local counsel, and that the plaintiffs were warranted in seeking out-of-state representation. The court applied New York hourly rates to the rest of the plaintiffs’ counsel but found that some of the plaintiffs’ attorneys block billed and only vaguely accounted for their time, making it difficult to assess whether their work was reasonable and non-duplicative. The court also assessed the attorneys’ experience levels to determine reasonable hourly rates, and Judge Jordan ultimately awarded the plaintiffs $714,159.

The case is now closed.

show full summary

Summary Authors

Laura Irei (3/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4515997/parties/jackson-womens-health-organization-v-currier/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Alkebu-lan, Imhotep (Mississippi)

Atencio, Lorenzo E (Mississippi)

Boone, Walter H. (Mississippi)

Boone, H. Barber (Mississippi)

Expert/Monitor/Master/Other

Boykin, Thurman L. (Mississippi)

Judge(s)

Jordan, Daniel Porter (Mississippi)

Attorney for Plaintiff

Byrd, Sibyl C. (Mississippi)

Howard, Jacob W. (Mississippi)

McDuff, Robert B. (Mississippi)

Movahed, Michelle Nicole (Mississippi)

PHV, Hillary Schneller (Mississippi)

PHV, Paula Nicole (Mississippi)

PHV, Lara Rabiee (Mississippi)

PHV, Julie Rikelman (Mississippi)

PHV, Aaron S. (Mississippi)

PHV, Jenna Gerry (Mississippi)

Attorney for Defendant

Alkebu-lan, Imhotep (Mississippi)

Atencio, Lorenzo E (Mississippi)

Boone, Walter H. (Mississippi)

Boone, H. Barber (Mississippi)

Bryant, Benjamin (Mississippi)

Cannady, Ashley Eley (Mississippi)

Gov, Jack L. (Mississippi)

Gov, Peter W. (Mississippi)

Gov, P. Roger (Mississippi)

Gov, Paul E. (Mississippi)

Gov, Beatryce McCrosky (Mississippi)

Gov, Benjamin G. (Mississippi)

Gov, Wilson D. (Mississippi)

Gov, LaShundra B. (Mississippi)

Gov, Claire Barker-City (Mississippi)

Gov, Lara E. (Mississippi)

Moeller, Armin J. (Mississippi)

Sanders, Robert E. (Mississippi)

Teeuwissen, Pieter (Mississippi)

Expert/Monitor/Master/Other

Boykin, Thurman L. (Mississippi)

Kruger, Stephen P. (Mississippi)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 3:12-cv-00436	Complaint	June 27, 2012	June 27, 2012 Complaint
17 3:12-cv-00436	Order	July 1, 2012	July 1, 2012 Order/Opinion
81 3:12-cv-00436	Order	April 15, 2013	April 15, 2013 Order/Opinion 940 F.Supp.2d 416
3:12-cv-00436	Order	July 2, 2013	July 2, 2013 Order/Opinion 2013 WL 3482056
3:12-cv-00436	Order	Aug. 13, 2013	Aug. 13, 2013 Order/Opinion 2013 WL 12122002
3:12-cv-00436	Order	July 29, 2014	July 29, 2014 Order/Opinion 760 F.3d 448
190 3:12-cv-00436	Order	March 17, 2017	March 17, 2017 Order/Opinion
3:12-cv-00436	[Untitled]	March 15, 2018	March 15, 2018 Order/Opinion 320 F.Supp.3d 828
214 3:12-cv-00436	Order	March 15, 2018	March 15, 2018 Order/Opinion 320 F.Supp.3d 828
232 3:12-cv-00436	Order	Feb. 1, 2019	Feb. 1, 2019 Order/Opinion

show / hide documents

Resources

Title	Description		External URL Date / External URL
Jackson Women’s Health Organization, et al. v. Mary Currier, et al. Center for Reproductive Rights	This lawsuit challenged Mississippi’s attempt to end legal abortion in the state by attempting to shut down its one remaining abortion clinic. Mississippi passed a law in 2012 explicitly intended to …	02/02/2019	Feb. 1, 2019 https://reproductiverights.org/...
Jackson Women's Health Organization v. Amy Center for Reproductive Rights	The Center for Reproductive Rights brought this case in 2004 on behalf of the only remaining abortion facility in Mississippi, the Jackson Women’s Health Organization, against a “TRAP” law that would…	June 29, 2004	June 29, 2004 https://reproductiverights.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515997/jackson-womens-health-organization-v-currier/

Last updated Aug. 11, 2025, 5:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Mary Currier, Robert Shuler Smith ( Filing fee $ 350 receipt number 34643016475), filed by Jackson Women's Health Organization, Willie Parker. (Attachments: # 1 Exhibit A - House Bill 1390, # 2 Exhibit B - Politico, April 5, 2012, # 3 Exhibit C - Letter, # 4 Exhibit D - CNN Politics April 4, 2012, # 5 Exhibit E - The Commercial Appeal, April 4, 2012, # 6 Exhibit F - Statement from Lt. Gov. Reeves's Website, # 7 Exhibit G - Letter, # 8 Exhibit H - Letter, # 9 Civil Cover Sheet)(cwl) (Entered: 06/27/2012) 1 Exhibit A - House Bill 1390 View on PACER 2 Exhibit B - Politico, April 5, 2012 View on PACER 3 Exhibit C - Letter View on RECAP 4 Exhibit D - CNN Politics April 4, 2012 View on PACER 5 Exhibit E - The Commercial Appeal, April 4, 2012 View on PACER 6 Exhibit F - Statement from Lt. Gov. Reeves's Website View on PACER 7 Exhibit G - Letter View on RECAP 8 Exhibit H - Letter View on RECAP 9 Civil Cover Sheet View on PACER	June 27, 2012	June 27, 2012 Clearinghouse
2	Summons Issued as to Mary Currier, Robert Shuler Smith. (cwl) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
3	SUMMONS Returned Executed by Jackson Women's Health Organization Mary Currier served on 6/27/2012, answer due 7/18/2012. (McDuff, Robert) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
4	SUMMONS Returned Executed by Jackson Women's Health Organization, Willie Parker Robert Shuler Smith served on 6/27/2012, answer due 7/18/2012. (McDuff, Robert) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
5	MOTION for Temporary Restraining Order by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Brewer Declaration, # 2 Exhibit B - Parker Declaration, # 3 Exhibit C - Thompson Declaration, # 4 Exhibit D - Judge Barbour preliminary injunction in Pro-Choice v. Fordice, # 5 Exhibit E - Transcript excerpt of TRO ruling in Hodes v. Moser)(McDuff, Robert) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
6	MEMORANDUM in Support re 5 MOTION for Temporary Restraining Order filed by Jackson Women's Health Organization, Willie Parker (McDuff, Robert) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
7	Corporate Disclosure Statement by Jackson Women's Health Organization, Willie Parker identifying Corporate Parent All Women's Jackson, Inc. for Jackson Women's Health Organization. (McDuff, Robert) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
	Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on June 27, 2012. (SP)	June 27, 2012	June 27, 2012 PACER
8	NOTICE of Appearance by P. Roger Googe, Jr on behalf of Mary Currier (Googe, P.) (Entered: 06/28/2012)	June 28, 2012	June 28, 2012 PACER
9	NOTICE of Appearance by Benjamin G. Bryant on behalf of Mary Currier (Bryant, Benjamin) (Entered: 06/28/2012)	June 28, 2012	June 28, 2012 PACER
10	RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order filed by Mary Currier (Attachments: # 1 Affidavit Exhibit 1-Affidavit of Michael Lucius)(Bryant, Benjamin) (Entered: 06/28/2012) 1 Affidavit Exhibit 1-Affidavit of Michael Lucius View on PACER	June 28, 2012	June 28, 2012 PACER
11	MOTION for Michelle Movahed to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing - State of Illinois, # 2 Exhibit B - Certificate of Good Standing - State of New York)(McDuff, Robert) (Entered: 06/28/2012)	June 28, 2012	June 28, 2012 PACER
	Pro Hac Vice fee paid for Michelle Movahed receipt number 0538-2173277 $ 100 (McDuff, Robert)	June 28, 2012	June 28, 2012 PACER
12	REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order filed by Jackson Women's Health Organization (McDuff, Robert) (Entered: 06/29/2012)	June 29, 2012	June 29, 2012 PACER
13	NOTICE of Appearance by P. Roger Googe, Jr on behalf of Robert Shuler Smith (Googe, P.) (Entered: 06/29/2012)	June 29, 2012	June 29, 2012 PACER
14	NOTICE of Appearance by Benjamin G. Bryant on behalf of Robert Shuler Smith (Bryant, Benjamin) (Entered: 06/29/2012)	June 29, 2012	June 29, 2012 PACER
15	RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order filed by Robert Shuler Smith (Bryant, Benjamin) (Entered: 06/29/2012)	June 29, 2012	June 29, 2012 RECAP
	Set/Reset Hearings: Telephonic Status Conference set for June 29, 2012 at 2:00 PM before District Judge Daniel P. Jordan III. (SP)	June 29, 2012	June 29, 2012 PACER
16	Response in Opposition re 12 REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order filed by Jackson Women's Health Organization (McDuff, Robert), 5 MOTION for Temporary Restraining Order by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Brewer Declaration, # 2 Exhibit B - Parker Declaration, # 3 Exhibit C - Thompson Declaration, # 4 Exhibit D - Judge Barbour preliminary injunction in Pro-Choice v. Fordice, # 5 Exhibit E - Transcript excerpt of TRO ruling in Hodes v. Moser)(McDuff, Robert) filed by Mary Currier (Bryant, Benjamin) (Entered: 06/29/2012)	June 29, 2012	June 29, 2012 PACER
	Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Status Conference held on June 29, 2012. (SP)	June 29, 2012	June 29, 2012 PACER
	TEXT-ONLY ORDER granting 11 Motion to Appear Pro Hac Vice that Michelle Movahed be admitted pro hac vice in this case on behalf of Jackson Women's Health Organization in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 6/29/12. (JEJ)	June 29, 2012	June 29, 2012 PACER
17	ORDER granting 5 Motion for TRO for the reasons set out in the order. Plaintiffs motion for a preliminary injunction in this matter will be heard by this Court on July 11, 2012 at 1:00. This Temporary Restraining Order shall remain in effect through the hearing on Plaintiffs motion for preliminary injunction. The parties are ordered to file briefs no later than July 6 at 5:00 p.m., on the issue of irreparable harm outlined above, with simultaneous replies to be filed by noon on July 9. Given the nature of the relief, bond is waived. Signed by District Judge Daniel P. Jordan III on July 1, 2012. (SP) (Entered: 07/01/2012)	July 1, 2012	July 1, 2012 Clearinghouse
	Set/Reset Deadlines as to 5 MOTION for Temporary Restraining Order. Motion Hearing for a preliminary injunction is set for July 11, 2012 at 1:00 PM before District Judge Daniel P. Jordan III. (SP)	July 2, 2012	July 2, 2012 PACER
18	MOTION for Jenna Gerry to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 07/02/2012)	July 2, 2012	July 2, 2012 PACER
	Pro Hac Vice fee paid by (Jeanna Gerry) $ 100, receipt number 34643016553 (cwl)	July 3, 2012	July 3, 2012 PACER
19	MEMORANDUM IN SUPPORT re 5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012 PACER
20	RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Mary Currier, Robert Shuler Smith (Attachments: # 1 Affidavit Exhibit A-Affidavit of Dr. John Thorp, # 2 Affidavit Exhibit B-Affidavit of Dr. James Anderson, # 3 Exhibit Exhibit C-Alabama Department of Public Health News Release, # 4 Exhibit Exhibit D-Alabama Department of Public Health Inspection Reports, # 5 Exhibit Exhibit E-Consent Order and Agreement, # 6 Exhibit Exhibit F-State Court Complaint of Joseph Booker, # 7 Affidavit Exhibit G-Affidavit of Michael Lucius, # 8 Affidavit Exhibit H-Affidavit of Vann Craig, # 9 Exhibit Exhibit I-Renewed JWHO License)(Bryant, Benjamin) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012 PACER
21	MOTION for Leave to File Amicus Curiae Memorandum by Office of the Governor (Attachments: # 1 Exhibit)(Wilson, Jack) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012 PACER
	TEXT ONLY ORDER granting 21 Motion for Leave to File. The Office of the Governor is directed to file the proposed Amicus Curiae Memorandum of record on or before July 11, 2012. No further written order shall issue. Signed by District Judge Daniel P. Jordan III on July 9, 2012. (ddi)	July 9, 2012	July 9, 2012 PACER
22	RESPONSE to Memorandum re 5 MOTION for Temporary Restraining Order, 19 Memorandum in Support filed by Mary Currier, Robert Shuler Smith (Bryant, Benjamin) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
23	REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Affidavit Supplemental Declaration of Ms. Brewer-Anderson, # 2 Affidavit Rebuttal Declaration of Dr. Grossman, # 3 Affidavit Rebuttal Declaration of Dr. Matthias)(Movahed, Michelle) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
24	MEMORANDUM in Opposition re 5 MOTION for Temporary Restraining Order filed by Office of the Governor (Wilson, Jack) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 RECAP
	TEXT-ONLY ORDER granting 18 Motion to Appear Pro Hac Vice that Jenna Gerry be admitted pro hac vice in this case on behalf of Jackson's Women Health Organization in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 7/9/12. (JEJ)	July 9, 2012	July 9, 2012 PACER
	Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on July 11, 2012 re 5 MOTION for Temporary Restraining Order filed by Willie Parker, Jackson Women's Health Organization. Court Reporter Gina Morris (601) 608-4187. (SP)	July 11, 2012	July 11, 2012 PACER
25	RESPONSE to Memorandum re 5 MOTION for Temporary Restraining Order, 19 Memorandum in Support SUPPLEMENTAL filed by Mary Currier, Robert Shuler Smith (Attachments: # 1 Exhibit A - Administrative Procedures Filing Notice)(Googe, P.) (Entered: 07/11/2012)	July 11, 2012	July 11, 2012 PACER
26	RESPONSE to Memorandum re 5 MOTION for Temporary Restraining Order, 19 Memorandum in Support SECOND SUPPLEMENTAL filed by Mary Currier, Robert Shuler Smith (Attachments: # 1 Supplement Affidavit of Mary Currier, M.D.)(Googe, P.) (Entered: 07/12/2012)	July 12, 2012	July 12, 2012 PACER
27	ORDER granting in part and denying in part 5 Motion for TRO for the reasons set out in the order. Signed by District Judge Daniel P. Jordan III on July 13, 2012. (SP) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 RECAP
28	Joint ANSWER to 1 Complaint,, by Mary Currier, Robert Shuler Smith.(Bryant, Benjamin) (Entered: 07/18/2012)	July 18, 2012	July 18, 2012 PACER
29	MOTION to Withdraw as Attorney by Mary Currier, Robert Shuler Smith (Bryant, Benjamin) (Entered: 07/26/2012)	July 26, 2012	July 26, 2012 PACER
	Text-only ORDER granting 29 Motion to Withdraw as Attorney. Attorney Benjamin G. Bryant terminated. Signed by Magistrate Judge F. Keith Ball on 8/1/12. (No further written order will be issued.) (dfk)	Aug. 1, 2012	Aug. 1, 2012 PACER
30	AMENDED COMPLAINT against All Defendants, filed by Jackson Women's Health Organization, Willie Parker. (Attachments: # 1 Exhibit A - HB 1390, # 2 Exhibit B - Politico article, # 3 Exhibit C - Ltr Mims to Currier, # 4 Exhibit D - CNN article, # 5 Exhibit E - Commercial Appeal article, # 6 Exhibit F - Lt. Gov. Reeves webpage, # 7 Exhibit G - Ltr Currier to Derzis, # 8 Exhibit H - Ltr Berryman to Derzis)(Movahed, Michelle) (Entered: 08/08/2012)	Aug. 8, 2012	Aug. 8, 2012 PACER
31	Summons Issued as to Sherri M. Flowers-Billlups. (cwl) (Entered: 08/09/2012)	Aug. 8, 2012	Aug. 8, 2012 PACER
32	Summons Issued as to Barbara A. Bluntson. (cwl) (Entered: 08/09/2012)	Aug. 9, 2012	Aug. 9, 2012 PACER
33	SUMMONS Returned Executed by Jackson Women's Health Organization, Willie Parker Barbara A. Bluntson served on 8/10/2012, answer due 8/31/2012. (McDuff, Robert) (Entered: 08/10/2012)	Aug. 10, 2012	Aug. 10, 2012 PACER
34	SUMMONS Returned Executed by Jackson Women's Health Organization, Willie Parker Sherri M. Flowers-Billlups served on 8/14/2012, answer due 9/4/2012. (McDuff, Robert) (Entered: 08/14/2012)	Aug. 14, 2012	Aug. 14, 2012 PACER
35	Rule 16(a) Initial Order Telephonic Case Management Conference set for 11/7/2012 09:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. (JEJ) (Entered: 08/15/2012)	Aug. 15, 2012	Aug. 15, 2012 PACER
36	NOTICE of Appearance by Beatryce McCrosky Tolsdorf on behalf of Mary Currier, Robert Shuler Smith (Tolsdorf, Beatryce) (Entered: 08/17/2012)	Aug. 17, 2012	Aug. 17, 2012 PACER
37	ANSWER to 30 Amended Complaint, by Mary Currier, Robert Shuler Smith.(Tolsdorf, Beatryce) (Entered: 08/17/2012)	Aug. 17, 2012	Aug. 17, 2012 PACER
38	ANSWER to 30 Amended Complaint, by Barbara A. Bluntson.(Hawkins, Claire) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
39	MOTION to Withdraw as Attorney Jenna Gerry (pro hac vice) by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012 PACER
40	ORDER granting 39 Motion to Withdraw as Attorney. Attorney Jenna Gerry - PHV terminated Signed by Magistrate Judge F. Keith Ball on 9/27/12 (dfk) (Entered: 09/27/2012)	Sept. 27, 2012	Sept. 27, 2012 PACER
41	NOTICE of Appearance by Jacob W. Howard on behalf of All Plaintiffs (Howard, Jacob) (Entered: 10/24/2012)	Oct. 24, 2012	Oct. 24, 2012 PACER
42	NOTICE of Service of Pre-Discovery Disclosure by Jackson Women's Health Organization, Willie Parker (McDuff, Robert) (Entered: 10/31/2012)	Oct. 31, 2012	Oct. 31, 2012 PACER
	Set/Reset Hearings: Telephonic Case Management Conference RESET for 11/26/2012 03:15 PM before Magistrate Judge F. Keith Ball. (JEJ)	Nov. 6, 2012	Nov. 6, 2012 PACER
	Set/Reset Hearings: TIME CHANGE ONLY. Telephonic Case Management Conference RESET for 11/26/2012 02:30 PM before Magistrate Judge F. Keith Ball. (JEJ)	Nov. 19, 2012	Nov. 19, 2012 PACER
	Set/Reset Hearings: TIME CHANGE ONLY. Telephonic Case Management Conference RESET for 11/26/2012 03:15 PM before Magistrate Judge F. Keith Ball. (JEJ)	Nov. 19, 2012	Nov. 19, 2012 PACER
43	NOTICE of Service of Initial Disclosure by Mary Currier, Robert Shuler Smith (Googe, P.) (Entered: 11/19/2012)	Nov. 19, 2012	Nov. 19, 2012 PACER
44	MOTION for Paula Nicole Viola to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
45	MOTION for Aaron S. Delaney to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
46	Second MOTION for Preliminary Injunction by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Memo of Law in Support, # 2 Exhibit Second Supp. Decl. of Shannon Brewer-Anderson)(Movahed, Michelle) (Entered: 11/28/2012) 1 Memo of Law in Support View on PACER 2 Exhibit Second Supp. Decl. of Shannon Brewer-Anderson View on PACER	Nov. 28, 2012	Nov. 28, 2012 RECAP
	DOCKET ANNOTATION as to # 46 : Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document (cwl)	Nov. 29, 2012	Nov. 29, 2012 PACER
47	MEMORANDUM IN SUPPORT re 46 Second MOTION for Preliminary Injunction filed by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 11/29/2012)	Nov. 29, 2012	Nov. 29, 2012 PACER
	TEXT-ONLY ORDER denying 44 Motion to Appear Pro Hac Vice; denying 45 Motion to Appear Pro Hac Vice. That the motions for pro hac vice admission of Paula Nicole Viola and Aaron S. Delaney are denied for failure to pay the non-refundable fee according to L. U. R. Civ. 83.1(d)(5). NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 11/29/12. (JEJ)	Nov. 29, 2012	Nov. 29, 2012 PACER
48	MOTION for Paula Nicole Viola to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
49	MOTION for Aaron S. Delaney to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
	Pro Hac Vice fee paid by (Paula Nicole Viola and Aaron S. Delaney) $200, receipt number 34643019058 (cwl)	Nov. 30, 2012	Nov. 30, 2012 PACER
50	MOTION for Lara Rabiee to Appear Pro Hac Vice by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 12/04/2012)	Dec. 4, 2012	Dec. 4, 2012 PACER
	Pro Hac Vice fee paid for Lara Rabiee receipt number 0538-2298261 $ 100 (McDuff, Robert)	Dec. 4, 2012	Dec. 4, 2012 PACER
	TEXT-ONLY ORDER granting 48 Motion to Appear Pro Hac Vice; granting 49 Motion to Appear Pro Hac Vice; granting 50 Motion to Appear Pro Hac Vice. That Paula Nicole Viola, Aaron S. Delaney and Lara Rabiee be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 12/5/12. (JEJ)	Dec. 5, 2012	Dec. 5, 2012 PACER
	ORAL MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Preliminary Injunction by Mary Currier and Robert Shuler Smith. (SP)	Dec. 7, 2012	Dec. 7, 2012 PACER
	*ERROR - DISREGARD THIS ENTRY. SEE DOC. #51*ORDER granting Oral Motion for Extension of Time to File Response/Reply re 46 Second MOTION for Preliminary Injunction. Defendants Responses due by January 11, 2013. Plaintiffs' Replies due by January 25, 2013. Signed by District Judge Daniel P. Jordan III on December 7, 2012. (SP) Modified on 12/11/2012 (SP).	Dec. 7, 2012	Dec. 7, 2012 PACER
51	ORDER granting Oral Motion for Extension of Time to File Response/Reply re 46 Second MOTION for Preliminary Injunction. Defendants Responses due by January 11, 2013. Plaintiffs' Replies due by January 25, 2013. Signed by District Judge Daniel P. Jordan III on December 7, 2012.(SP) (Entered: 12/11/2012)	Dec. 7, 2012	Dec. 7, 2012 PACER
	DOCKET ANNOTATION: Disregard order docketed by the Court on December 7, 2012. PDF document was not attached. See corrected Doc. #51. (SP)	Dec. 11, 2012	Dec. 11, 2012 PACER
	Set/Reset Hearings: Telephonic Case Management Conference RESET for 12/20/2012 02:30 PM before Magistrate Judge F. Keith Ball. (JEJ)	Dec. 14, 2012	Dec. 14, 2012 PACER
	Set/Reset Hearings: TIME CHANGE ONLY. Telephonic Case Management Conference RESET for 12/20/2012 09:15 AM before Magistrate Judge F. Keith Ball. (JEJ)	Dec. 19, 2012	Dec. 19, 2012 PACER
	Set/Reset Hearings: Telephonic Case Management Conference RESET for 1/11/2013 02:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. (JEJ)	Dec. 21, 2012	Dec. 21, 2012 PACER
52	MOTION for Leave to File Excess Pages by Mary Currier, Robert Shuler Smith (Googe, P.) (Entered: 01/09/2013)	Jan. 9, 2013	Jan. 9, 2013 PACER
53	NOTICE of Withdrawal of Motion for Leave to Exceed Page Limitation by Mary Currier, Robert Shuler Smith re 52 MOTION for Leave to File Excess Pages (Googe, P.) (Entered: 01/11/2013)	Jan. 11, 2013	Jan. 11, 2013 PACER
54	RESPONSE in Opposition re 46 Second MOTION for Preliminary Injunction filed by Mary Currier, Robert Shuler Smith (Googe, P.) (Entered: 01/11/2013)	Jan. 11, 2013	Jan. 11, 2013 PACER
	Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 1/11/2013 in Jackson, MS. Appearances: Rob McDuff, Paula Viola, Michelle Movahed, Lara Rabiee, Roger Googe and Claire Barker. (JEJ)	Jan. 11, 2013	Jan. 11, 2013 PACER
	TEXT ONLY ORDER finding as moot 52 Motion for Leave to File Excess Pages. No further written order shall issue. Signed by District Judge Daniel P. Jordan III on January 14, 2013. (ddi)	Jan. 14, 2013	Jan. 14, 2013 PACER
55	CASE MANAGEMENT ORDER. Motions for Amended Pleadings due by 2/11/2013; Motions for Joinder of Parties due by 2/11/2013; Designate Experts Plaintiff Deadline due by 1/30/2013; Designate Experts for Defendant Deadline due by 3/1/2013; Plaintiffs' Rebuttal due by 3/15/13; Discovery due by 5/1/2013; Motions due by 5/15/2013; Telephonic Status Conference set for 5/30/2013 01:00 PM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. Signed by Magistrate Judge F. Keith Ball on 1/17/2013. (JEJ) (Entered: 01/17/2013)	Jan. 17, 2013	Jan. 17, 2013 PACER
56	Unopposed MOTION for Discovery to modify case management order in certain respects by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013 PACER
57	REPLY to Response to Motion re 46 Second MOTION for Preliminary Injunction filed by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit Third Supplemental Declaration of Shannon Brewer-Anderson)(Movahed, Michelle) (Entered: 01/25/2013)	Jan. 25, 2013	Jan. 25, 2013 PACER
	Text-only ORDER granting 56 Motion for Discovery. The new expert designation deadlines are set forth in the separate docket entry to follow. Signed by Magistrate Judge F. Keith Ball on 1/29/13. (No further written order will be issued.) (dfk)	Jan. 29, 2013	Jan. 29, 2013 PACER
	Set/Reset Deadlines: Plaintiffs to Designate Experts by 2/28/2013; Defendants to Designate Experts by 3/29/2013; Plaintiffs to designate rebuttal experts by 4/15/2013. (dfk)	Jan. 29, 2013	Jan. 29, 2013 PACER
58	First NOTICE of Service of Documents Requests and Interrogatories by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 02/06/2013)	Feb. 6, 2013	Feb. 6, 2013 PACER
	DOCKET ANNOTATION as to # 58 : This document notices service of multiple forms of discovery. Each event should be separately docketed. The same PDF document may be used for all entries. Attorney is advised to docket additional events as needed. These events are found in the electronic docketing system under Discovery Documents. (cwl)	March 4, 2013	March 4, 2013 PACER
59	MOTION for Protective Order by Jackson Women's Health Organization (Attachments: # 1 Exhibit Ex. A-Protective Order, # 2 Exhibit Ex. B-Brewer-Anderson Declaration)(McDuff, Robert) (Entered: 03/08/2013)	March 8, 2013	March 8, 2013 PACER
60	MEMORANDUM in Support re 59 MOTION for Protective Order filed by Jackson Women's Health Organization (McDuff, Robert) (Entered: 03/08/2013)	March 8, 2013	March 8, 2013 PACER
61	MOTION to Quash or, Alternatively by Central Mississippi Medical Center, Crossgates River Oaks Hospital, Madison River Oaks Medical Center, River Oaks Hospital, Woman's Hospital (Attachments: # 1 Exhibit A - Subpoenas Duces Tecum, # 2 Exhibit B - Notice of Objection to Subpoenas Duces Tecum)(Kruger, Stephen). Added MOTION Modify to Subpoenas Duces Tecum on 3/20/2013 (cwl). (Entered: 03/18/2013)	March 18, 2013	March 18, 2013 PACER
62	RESPONSE to Motion re 59 MOTION for Protective Order filed by Mary Currier, Robert Shuler Smith (Attachments: # 1 Exhibit A - Moffett Protective Order, # 2 Exhibit B - Letter dated Feb 12, 2013)(Googe, P.) (Entered: 03/19/2013)	March 19, 2013	March 19, 2013 PACER
	Reset Hearing: Telephonic Status Conference reset for 6/5/2013 01:30 PM before Magistrate Judge F. Keith Ball. Plaintiffs' counsel shall initiate the call. (JEJ)	March 20, 2013	March 20, 2013 PACER
63	NOTICE of Service of Response to Interrogatories by Mary Currier (Googe, P.) (Entered: 03/20/2013)	March 20, 2013	March 20, 2013 PACER
64	NOTICE of Service of Response to Request for Production by Mary Currier (Googe, P.) (Entered: 03/20/2013)	March 20, 2013	March 20, 2013 PACER
	DOCKET ANNOTATION as to # 61 : This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (cwl)	March 20, 2013	March 20, 2013 PACER
65	MOTION to Withdraw as Attorney, MOTION to Substitute Attorney by Mary Currier, Robert Shuler Smith (Googe, P.) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013 PACER
66	REPLY to Response to Motion re 59 MOTION for Protective Order filed by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013 PACER
67	NOTICE of Service of February 6, 2013 Request for Production by Jackson Women's Health Organization, Willie Parker (Movahed, Michelle) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013 PACER
	DOCKET ANNOTATION as to # 66 : Incorrect event chosen. Attorney is directed to refile using the correct event "Response in Support of Motion" and the same should be linked back to 59 MOTION for Protective Order by Jackson Women's Health Organization. (cwl)	March 27, 2013	March 27, 2013 PACER