Case: Hodes & Nauser, MDs, P.A v. Moser

2:11-cv-02365 | U.S. District Court for the District of Kansas

Filed Date: June 28, 2011

Closed Date: July 19, 2012

Clearinghouse coding complete

Case Summary

This is a case challenging a Kansas statute imposing strict licensing requirements on abortion clinics. The Kansas governor signed a bill on May 16, 2011, containing temporary regulations slated to go into effect on July 1, 2011. The regulations required that medical clinics offering abortion services adhere to a number of strict guidelines in order to become licensed abortion providers, including maintaining rooms with specific dimensions, designated patient and staff changing rooms, and unnec…

This is a case challenging a Kansas statute imposing strict licensing requirements on abortion clinics. The Kansas governor signed a bill on May 16, 2011, containing temporary regulations slated to go into effect on July 1, 2011. The regulations required that medical clinics offering abortion services adhere to a number of strict guidelines in order to become licensed abortion providers, including maintaining rooms with specific dimensions, designated patient and staff changing rooms, and unnecessary medical equipment.

To challenge these regulations, a Kansas medical clinic and two of its physicians filed this lawsuit in the U.S. District Court for the District of Kansas on June 28, 2011. The plaintiffs sued the Secretary of the Kansas Department of Health and Environment, the District Attorney for Johnson County, and the Attorney General for the State of Kansas in their official capacities under 42 U.S.C. § 1983. Represented by the Center for Reproductive Rights, the plaintiffs sought declaratory and injunctive relief. The plaintiffs had received notice of the regulations nine business days before the temporary regulations were scheduled to take effect, and Kansas’s Department of Health & Environment refused to grant the plaintiffs a waiver or provisional license. The plaintiffs claimed that the regulations were unconstitutionally vague, imposed an undue burden on patients seeking abortions, violated the plaintiffs’ procedural due process rights by failing to provide them with notice or opportunity to comment on the regulations, and violated their equal protection rights by placing undue burdens on abortion clinics not placed on similarly situated medical practices.

The case was originally assigned to Judge Richard D. Rogers. However, Judge Rogers recused himself and the case was ultimately reassigned to Judge Carlos Murguia. 

The same day they filed the complaint, on June 28, 2011, the plaintiffs filed a motion for a preliminary injunction. On July 1, 2011, Judge Murguia granted the preliminary injunction and also granted another medical clinic and physician leave to intervene as plaintiffs. The plaintiffs filed an amended complaint to include the intervenors on July 6, 2011.

The defendants did not appeal the preliminary injunction. However, on August 1, 2011, the American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) filed a motion to appeal the preliminary injunction and intervene as defendants. Judge Murguia denied the motion to intervene on September 29, 2011, because AAPLOG failed to demonstrate that its economic interests would be harmed by the preliminary injunction or that the defendants would not adequately represent its interests.

Meanwhile, the parties began discovery in July and the defendants filed an answer to the complaint in August. However, the subject matter of the lawsuit shifted when the Kansas Department of Health and Environment published its permanent regulations on October 27, 2011. Judge Murguia therefore ordered the parties to file supplemental briefs comparing the temporary and permanent regulations. Most of the permanent regulations, scheduled to take effect on November 14, 2011, remained unchanged from the temporary regulations, but the permanent regulations did not include specifications for room dimensions and allowed greater flexibility regarding the equipment clinics were required to maintain.   

On January 12, 2012, the plaintiffs agreed to withdraw their discovery requests in district court, because they had begun pursuing a separate lawsuit in Kansas state court. Case no. 2011-CV-1298. The state court granted the plaintiffs a preliminary injunction regarding the permanent regulations in November 2012, and that case is ongoing as of February 2022.

Back in federal district court, the plaintiffs filed a motion for attorneys’ fees on February 13, 2012. Judge Murguia denied their motion on May 18, 2012, because the preliminary injunction did not qualify the plaintiffs as the prevailing party in the lawsuit. Subsequently, the plaintiffs voluntarily dismissed their complaint, and Judge Murguia dismissed the case on July 19, 2012. The case is now closed.

Summary Authors

Laura Irei (2/19/2022)

Related Cases

Hodes & Nauser, MDs, P.A. v. Robert Moser, M.D, Kansas state trial court (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510099/parties/hodes-nauser-mds-pa-v-moser/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Armstrong, James M. (Kansas)

Ayers, Gary L. (Kansas)

Chanay, Jeffrey A. (Kansas)

Fabert, Steve R. (Kansas)

Expert/Monitor/Master/Other

Dawson, Thomas M. (Kansas)

Documents in the Clearinghouse

Documents in this case
1

2:11-cv-02365

Complaint

Hodes & Nauser, MDs, P.A. v. Moser, M.D.

June 28, 2011

June 28, 2011

Complaint
33

2:11-cv-02365

First Amended Intervenor Complaint of Central Family Medical and Ronald Yeomans, M.D.

Hodes & Nauser, M.D.'s, P.A. v. Moser, M.D.

July 6, 2011

July 6, 2011

Complaint
84

2:11-cv-02365

Memorandum and Order

Hodes & Nauser, MDs, P.A. v. Moser, M.D.

Sept. 29, 2011

Sept. 29, 2011

Order/Opinion

2011 WL 4553061

112

2:11-cv-02365

Memorandum and Order

Hodes & Nauser, MDs, P.A. v. Moser, M.D.

May 18, 2012

May 18, 2012

Order/Opinion

2012 WL 1831549

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510099/hodes-nauser-mds-pa-v-moser/

Last updated Sept. 3, 2026, 4:48 a.m.

Docket for: Hodes & Nauser, MDs, P.A v. Moser
ECF Number Date Description Link
1 June 28, 2011

COMPLAINT (Summons Issued) with trial location of Kansas City, filed by Hodes & Nauser, MDs, P.A, Herbert C. Hodes, Traci Lynn Nauser. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(mm) (Entered: 06/28/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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2 June 28, 2011

CIVIL COVER SHEET re 1 Complaint, by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. (mm) (Entered: 06/28/2011)

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3 June 28, 2011

CORPORATE DISCLOSURE STATEMENT by Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser identifying no corporate parent. (mm) (Entered: 06/28/2011)

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4 June 28, 2011

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. (Woody, Teresa) (Entered: 06/28/2011)

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5 June 28, 2011

MEMORANDUM IN SUPPORT of 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. (Attachments: # 1 Declaration of Dev Anand, # 2 Redacted Declaration of Paul Blumenthal, M.D., M.P.H., # 3 Declaration Charles Hibbs, M.D., # 4Redacted Declaration Herbert Hodes, M.D.)(Woody, Teresa) Modified to redact DOB pursuant to privacy act. (mm). (Entered: 06/28/2011)

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6 June 29, 2011

MOTION for attorney Bonnie Scott Jones to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079627.) by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser (Attachments: # 1 Affidavit Bonnie Scott Jones)(Woody, Teresa) (Entered: 06/29/2011)

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7 June 29, 2011

MOTION for attorney Kara Loewentheil to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079643.) by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser (Attachments: # 1 Affidavit Kara Loewentheil)(Woody, Teresa) (Entered: 06/29/2011)

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8 June 29, 2011

AFFIDAVIT of Bonnie Scott Jones re 6 MOTION for attorney Bonnie Scott Jones to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079627.) MOTION for attorney Bonnie Scott Jones to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079627.) by Hodes & Nauser, MDs, P.A. (Woody, Teresa) (Entered: 06/29/2011)

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9 June 29, 2011

AFFIDAVIT of Kara Loewentheil re 7 MOTION for attorney Kara Loewentheil to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079643.) MOTION for attorney Kara Loewentheil to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2079643.) by Hodes & Nauser, MDs, P.A. (Woody, Teresa) (Entered: 06/29/2011)

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10 June 29, 2011

ORDER OF RECUSAL and REASSIGNMENT. District Judge Richard D. Rogers recused. Case reassigned to District Judge Sam A. Crow for all further proceedings. Signed by deputy clerk on 6/29/2011. (meh) (Entered: 06/29/2011)

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11 June 29, 2011

MINUTE ORDER. Judge Crow orders that this case be returned to the Clerk, U.S. District Court, for reassignment pursuant to D.Kan. Rule 40.1. Signed by deputy clerk on 6/29/2011. (bmw) (Entered: 06/29/2011)

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12 June 29, 2011

MINUTE ORDER. This case is transferred from the Honorable Sam A. Crow, U.S. District Senior Judge, to the Honorable Carlos Murguia, U.S. District Judge, for all further proceedings. It should also be noted that with the transfer of the case to Judge Murguia, the case number is changed to 11-2365-CM. Signed by deputy clerk on 6/29/2011. (bmw) (Entered: 06/29/2011)

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13 June 29, 2011

ORDER OF RECUSAL. Magistrate Judge K. Gary Sebelius recused. Signed by deputy clerk on 6/29/2011. (sg) (Entered: 06/29/2011)

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14 June 29, 2011

MOTION to Intervene and for Expedited Consideration by Movants Central Family Medical, LLC, Ronald Yeomans. (Attachments: # 1 Proposed Complaint, # 2 Proposed Motion for Temporary Restraining Order & Preliminary Injunction)(Pilate, Cheryl) (Entered: 06/29/2011)

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15 June 30, 2011

MEMORANDUM IN SUPPORT of 14 MOTION to Intervene and for Expedited Consideration by Movants Central Family Medical, LLC, Ronald Yeomans(Pilate, Cheryl) (Entered: 06/30/2011)

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16 June 30, 2011

ORDER expediting briefing re 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. Defendant's response is due no later than 6:00 p.m., Thursday, June 30, 2011. Plaintiff's reply is due no later than 12:00 p.m. July 1, 2011. A hearing regarding the matter is scheduled for July 1, 2011 at 03:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 6/30/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 06/30/2011)

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17 June 30, 2011

Robert Moser, M.D. SUMMONS RETURNED EXECUTED -- personal service by Hodes & Nauser, MDs, P.A upon Robert Moser served on 6/29/2011, answer due 7/20/2011 (Woody, Teresa) (Entered: 06/30/2011)

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18 June 30, 2011

Stephen Howe SUMMONS RETURNED EXECUTED -- personal service by Hodes & Nauser, MDs, P.A upon Stephen Howe served on 6/29/2011, answer due 7/20/2011 (Woody, Teresa) (Entered: 06/30/2011)

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19 June 30, 2011

Derek Schmidt SUMMONS RETURNED EXECUTED -- personal service by Hodes & Nauser, MDs, P.A upon Derek Schmidt served on 6/29/2011, answer due 7/20/2011 (Woody, Teresa) (Entered: 06/30/2011)

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20 June 30, 2011

ENTRY OF APPEARANCE by Jeffrey A. Chanay on behalf of All Defendants. (Chanay, Jeffrey) (Entered: 06/30/2011)

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21 June 30, 2011

ENTRY OF APPEARANCE by Steve R. Fabert on behalf of All Defendants. (Fabert, Steve) (Entered: 06/30/2011)

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22 June 30, 2011

RESPONSE by Defendants Stephen Howe, Robert Moser, Derek Schmidt re 4 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit 1)(Chanay, Jeffrey) (Entered: 06/30/2011)

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23 July 1, 2011

ORDER. Plaintiffs' Motion for Leave to Appear Pro Hac Vice 7 is granted. Attorney Kara Loewentheil shall be added as counsel for Herbert C. Hodes, Hodes & Nauser, MDs, P.A., and for Traci Lynn Nauser. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Karen M. Humphreys on 7/1/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sj) Modified on 7/1/2011 (aa). (Entered: 07/01/2011)

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24 July 1, 2011

ORDER. A telephone status conference is scheduled for 7/1/2011 at 10:00 AM before Magistrate Judge Karen M. Humphreys. The conference will address the Motion to Intervene and for Expedited Consideration by Movants (Doc. 14). The court will initiate the conference call. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 7/1/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 07/01/2011)

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25 July 1, 2011

ORDER re 16 Order scheduling hearing on 7/1/2011 at 3:00 p.m. The court is allowing 30 minutes per side to argue on behalf of their position regarding the pending motion. Please note that the hearing will take place in Courtroom 643, NOT Courtroom 463. Signed by District Judge Carlos Murguia on 7/1/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 07/01/2011)

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26 July 1, 2011

INTERVENOR COMPLAINT, filed by Ronald Yeomans, Central Family Medical, LLC.(Pilate, Cheryl) (Entered: 07/01/2011)

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27 July 1, 2011

MOTION for Order Granting Intervenors Leave to Join Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Movants Central Family Medical, LLC, Ronald Yeomans (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pilate, Cheryl) (Entered: 07/01/2011)

1 Exhibit A

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2 Exhibit B

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28 July 1, 2011

REPLY to Response to Motion by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser re: 4 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Woody, Teresa) (Entered: 07/01/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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29 July 1, 2011

ORDER GRANTING MOTION TO INTERVENE AND FOR EXPEDITED CONSIDERATION granting 14 Motion by Central Family Medical, LLC, and Dr. Ronald Yeomans to Intervene and for Expedited Consideration. The intervenors shall cause to be filed and served on defendants the attachments to the motion to intervene. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 7/1/2011. (sj) (Entered: 07/01/2011)

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30 July 1, 2011

MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: MOTION HEARING held on 7/1/2011 re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Hodes & Nauser, MDs, P.A, Traci Lynn Nauser, Herbert C. Hodes, 27 MOTION for Order Granting Intervenors Leave to Join Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by Ronald Yeomans, Central Family Medical, LLC. The court granted 27 Motion for Order Granting Intervenors Leave to Join Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, and granted 4 plaintiffs' Motion for Preliminary Injunction. Defendants requested a bond, but the request was denied by the court. The parties shall contact the magistrate judge regarding a scheduling order in this matter as soon as possible. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 07/01/2011)

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31 July 5, 2011

ORDER. Plaintiffs' Motion to Appear Pro Hac Vice 6 is granted. Attorney Bonnie Scott Jones is added as counsel for Herbert C. Hodes, Hodes & Nauser, MDs, P.A., and Traci Lynn Nauser. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Karen M. Humphreys on 7/1/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sj) (Entered: 07/05/2011)

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32 July 5, 2011

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/16/2011 at 02:00 PM by telephone before Magistrate Judge Karen M. Humphreys. Report of Parties' Planning Meeting deadline 8/9/2011. Signed by Magistrate Judge Karen M. Humphreys on 7/5/2011. (sj) (Entered: 07/05/2011)

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33 July 6, 2011

AMENDED COMPLAINT against Jerome Gorman, Robert Moser, Derek Schmidt, filed by Ronald Yeomans, Central Family Medical, LLC.(Pilate, Cheryl) (Entered: 07/06/2011)

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34 July 7, 2011

SUMMONS RETURNED EXECUTED -- Personal Service by Ronald Yeomans, Central Family Medical, LLC upon Jerome Gorman served on 7/7/2011, answer due 7/28/2011. (Pilate, Cheryl) (Entered: 07/07/2011)

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35 July 8, 2011

ELECTRONIC FILING REGISTRATION FORM of Kara Loewentheil re motion for leave to appear pro hac vice 7 by Plaintiff Hodes & Nauser, MDs, P.A(Woody, Teresa) (Entered: 07/08/2011)

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36 July 8, 2011

ELECTRONIC FILING REGISTRATION FORM of Bonnie Scott Jones re motion for leave to appear pro hac vice 6 by Plaintiff Hodes & Nauser, MDs, P.A(Woody, Teresa) (Entered: 07/08/2011)

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37 July 11, 2011

SUMMONS RETURNED EXECUTED -- Personal Service by Ronald Yeomans, Central Family Medical, LLC upon Derek Schmidt served on 7/7/2011, answer due 7/28/2011. (Pilate, Cheryl) (Entered: 07/11/2011)

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38 July 11, 2011

SUMMONS RETURNED EXECUTED -- Personal Service by Ronald Yeomans, Central Family Medical, LLC upon Robert Moser served on 7/7/2011, answer due 7/28/2011. (Pilate, Cheryl) (Entered: 07/11/2011)

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39 July 15, 2011

ENTRY OF APPEARANCE by Stephen R. McAllister, Robert W. Ramsdell, Stephen R. McAllister, Todd N. Thompson, and Sarah E. Warner on behalf of All Defendants. (McAllister, Stephen) (Entered: 07/15/2011)

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40 July 15, 2011

MOTION for Extension of Time to File Answer re 33 Amended Complaint, 1 Complaint, by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt(Thompson, Todd) (Entered: 07/15/2011)

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41 July 18, 2011

ORDER granting 40 Motion for Extension of Time to Answer or Otherwise Plead to Plaintiffs' Complaint and to Intervenors' First Amended Complaint: Jerome Gorman, Stephen Howe, Robert Moser, and Derek Schmidt answer due 8/22/2011. Signed by Magistrate Judge Karen M. Humphreys on 7/18/2011. (vs) (Entered: 07/18/2011)

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42 July 25, 2011

CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories and First Request for Production of Documents to Defendant Moser and Defendant Schmidt by Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. (Woody, Teresa) (Entered: 07/25/2011)

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43 July 28, 2011

NOTICE by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser of taking deposition of Joseph Kroll on September 13, 2011. (Woody, Teresa) (Entered: 07/28/2011)

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44 July 28, 2011

NOTICE by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser of taking deposition of Robert Moser on September 14, 2011. (Woody, Teresa) (Entered: 07/28/2011)

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45 July 28, 2011

NOTICE by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser of taking deposition of 30(b)(6) of Kansas Department of Health and Environment on September 6, 2011. (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 07/28/2011)

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46 July 28, 2011

NOTICE by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser of taking deposition of 30(b)(6) of Attorney General's Office on September 8, 2011. (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 07/28/2011)

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47 Aug. 1, 2011

NOTICE OF INTERLOCUTORY APPEAL as to 30 Order on Motion for Order, Order on Motion for TRO by Movant AAPLOG. Filing fee $ 455, Internet Payment Receipt Number 1083-2107023. (Dawson, Thomas) (Entered: 08/01/2011)

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48 Aug. 1, 2011

Third Party MOTION to Intervene by Movant AAPLOG. (Attachments: # 1 Answer to complaint, # 2 Answer to amended complaint)(Dawson, Thomas) (Entered: 08/01/2011)

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49 Aug. 1, 2011

MEMORANDUM IN SUPPORT of 48 Third Party MOTION to Intervene by Movant AAPLOG. (Dawson, Thomas) (Entered: 08/01/2011)

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50 Aug. 1, 2011

CORPORATE DISCLOSURE STATEMENT by movant AAPLOG identifying AAPLOG as corporate parent. (Dawson, Thomas) (Entered: 08/01/2011)

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51 Aug. 1, 2011

MOTION for attorney Andrew L. Schlafly to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number 1083-2107450.) by Movant AAPLOG. (Attachments: # 1 Affidavit Shlafly affadavid-Pro Hac Vice, # 2 ECF Registration Form Andrew Schlafly)(Dawson, Thomas) (Entered: 08/01/2011)

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52 Aug. 2, 2011

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 47 Notice of Interlocutory Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 08/02/2011)

1 Preliminary Record

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53 Aug. 2, 2011

APPEAL DOCKETED in 10CCA on 8/2/11 and assigned Appeal No. 11-3229 re 47 Notice of Interlocutory Appeal. (kao) (Entered: 08/02/2011)

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54 Aug. 3, 2011

ORDER granting 51 Motion to Appear Pro Hac Vice. Andrew L. Schlafly added as counsel for AAPLOG. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Karen M. Humphreys on 8/2/2011. (sj) (Entered: 08/03/2011)

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55 Aug. 9, 2011

NOTICE by Plaintiff Hodes & Nauser, MDs, P.A of taking deposition of Greg Reser on 9/15/2011. (Woody, Teresa) (Entered: 08/09/2011)

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56 Aug. 9, 2011

AMENDED NOTICE by Plaintiff Hodes & Nauser, MDs, P.A of taking deposition of Greg Reser on 9/15/2011. (Woody, Teresa) (Entered: 08/09/2011)

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57 Aug. 9, 2011

TRANSCRIPT ORDER FORM: Transcript Requested 7/1/11 MOTION HEARING filed by AAPLOG re 47 Notice of Interlocutory Appeal (Dawson, Thomas) (Entered: 08/09/2011)

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58 Aug. 9, 2011

CERTIFICATE OF SERVICE of Initial Rule 26 Disclosures by Hodes & Nauser, MDs, P.A. (Woody, Teresa) (Entered: 08/09/2011)

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59 Aug. 9, 2011

CERTIFICATE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt. (Ramsdell, Robert) (Entered: 08/09/2011)

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60 Aug. 10, 2011

TRANSCRIPT of Motion Hearing Volume One held 7/1/11 before Judge Carlos Murguia, Court Reporter Nancy Wiss, 913-735-2354, nancy_wiss@ksd.uscourts.gov. Transcript purchased by: Teresa Woody of Woody Law Firm; Jeffrey Chanay of Attorney General's Office. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 11/8/2011. (nw) (Entered: 08/10/2011)

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61 Aug. 10, 2011

TRANSCRIPT ORDER FORM by Court Reporter Nancy Wiss ordering transcript of Motion for Temporary Restraining Order/Preliminary Injunction of 7/1/11 re 47 Notice of Interlocutory Appeal () Transcript due by 8/10/2011. (nw) (Entered: 08/10/2011)

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62 Aug. 10, 2011

LETTER TO 10CCA stating record is complete re 47 Notice of Interlocutory Appeal. (Appeal No. 11-3229) (kao) (Entered: 08/10/2011)

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63 Aug. 15, 2011

MEMORANDUM IN OPPOSITION by Plaintiff Hodes & Nauser, MDs, P.A re 48 Third Party MOTION to Intervene (Woody, Teresa) (Entered: 08/15/2011)

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64 Aug. 15, 2011

MOTION to Stay Discovery by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt(Ramsdell, Robert) (Entered: 08/15/2011)

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65 Aug. 15, 2011

MEMORANDUM IN SUPPORT of 64 MOTION to Stay Discovery by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt(Ramsdell, Robert) (Entered: 08/15/2011)

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66 Aug. 15, 2011

MOTION for Protective Order by Plaintiff Hodes & Nauser, MDs, P.A (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 08/15/2011)

1 Exhibit A

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67 Aug. 15, 2011

MOTION for Protective Order by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt(Ramsdell, Robert) (Entered: 08/15/2011)

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68 Aug. 15, 2011

MEMORANDUM IN SUPPORT of 67 MOTION for Protective Order by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ramsdell, Robert) (Entered: 08/15/2011)

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69 Aug. 22, 2011

ANSWER to 1 Complaint, of Plaintiffs by Stephen Howe, Robert Moser, Derek Schmidt.(Ramsdell, Robert) (Entered: 08/22/2011)

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70 Aug. 22, 2011

ANSWER to 33 Amended Complaint of Intervenor Plaintiffs by Jerome Gorman, Robert Moser, Derek Schmidt.(Ramsdell, Robert) (Entered: 08/22/2011)

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71 Aug. 22, 2011

MEMORANDUM IN OPPOSITION by Plaintiff Hodes & Nauser, MDs, P.A re 67 MOTION for Protective Order By Defendants (Woody, Teresa) (Entered: 08/22/2011)

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72 Aug. 22, 2011

RESPONSE by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt re 66 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Ramsdell, Robert) (Entered: 08/22/2011)

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73 Aug. 22, 2011

MEMORANDUM IN OPPOSITION by Plaintiff Hodes & Nauser, MDs, P.A re 64 MOTION to Stay Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Woody, Teresa) (Entered: 08/22/2011)

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74 Aug. 22, 2011

MOTION for Order granting leave to join in motion for protective order by Plaintiffs, Doc. #66 by Intervenor Plaintiffs Central Family Medical, LLC, Ronald Yeomans. (Pilate, Cheryl) (Entered: 08/22/2011)

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75 Aug. 23, 2011

ORDER ON STATUS CONFERENCE. Plaintiffs shall respond to defendants' motion to stay discovery (Doc. 64) no later than 8/22/2011 and defendants shall file their reply to that response no later than 8/29/2011. All responses to written discovery previously propounded shall be deferred pending further order of the court and all discovery in this case shall be STAYED pending further order. Signed by Magistrate Judge Karen M. Humphreys on 8/23/2011. (sj) (Entered: 08/23/2011)

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76 Aug. 25, 2011

REPLY to Response to Motion by Movant AAPLOG re: 48 Third Party MOTION to Intervene (Attachments: # 1 Declaration OF BRENDAN B. MITCHELL, M.D.)(Dawson, Thomas) (Entered: 08/25/2011)

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77 Aug. 26, 2011

STIPULATION WITHDRAWING 66 MOTION for Protective Order and Limiting Discovery of Medical Records by Hodes & Nauser, MDs, P.A. (Woody, Teresa) (Entered: 08/26/2011)

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78 Aug. 29, 2011

REPLY to Response to Motion by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt re: 64 MOTION to Stay Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ramsdell, Robert) (Entered: 08/29/2011)

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79 Aug. 29, 2011

REPLY to Response to Motion by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt re: 67 MOTION for Protective Order (Ramsdell, Robert) (Entered: 08/29/2011)

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80 Aug. 30, 2011

DISREGARD FILING; INCORRECT DOCUMENT ATTACHED - SEE DE # 81 FOR CORRECT FILING. Motion for Leave to file Surreply and Suggestions in Support by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser (Attachments: # 1 Exhibit 1)(Woody, Teresa) Modified on 8/30/2011 to block from public view.(kao) (Entered: 08/30/2011)

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81 Aug. 30, 2011

MOTION for Leave to file Surreply and Suggestions in Support by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser (Attachments: # 1 Exhibit 1)(Woody, Teresa) (Entered: 08/30/2011)

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82 Aug. 30, 2011

ORDER granting 81 Motion for Leave to File Surreply. Plaintiff may file the surreply, but this ruling should not be considered a determinative ruling on whether the arguments raised in the surreply are properly before the court. When the court considers the motion to intervene, it will disregard any arguments in the surreply that are not properly before the court. Signed by District Judge Carlos Murguia on 8/30/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 08/30/2011)

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83 Aug. 30, 2011

SURREPLY by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser re: 48 Third Party MOTION to Intervene. (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 08/30/2011)

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84 Sept. 29, 2011

MEMORANDUM AND ORDER denying 48 AAPLOG's Motion to Intervene. Signed by District Judge Carlos Murguia on 9/29/2011. (jw)

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85 Oct. 19, 2011

ORDER. After consideration of an informal report from defense counsel that permanent regulations regarding abortion facilities will take effect on November 14, 2011, the court ORDERS that counsel for both parties shall file supplemental briefs analyzing the similarities or differences between the permanent and the temporary regulations. Counsel are welcome to make this submission on a stipulated basis, if possible. Otherwise, the briefing shall be simultaneous with a deadline of October 28, 2011. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 10/19/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 10/19/2011)

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86 Oct. 21, 2011

DISREGARD ENTRY - FILED USING INCORRECT ECF EVENT; SEE DE # 87 for correct filing. AMENDED DOCUMENT by AAPLOG. Amendment to 47 Notice of Interlocutory Appeal. (Dawson, Thomas) Modified on 10/24/2011 (per 10CCA) to block from public view.(kao) (Entered: 10/21/2011)

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87 Oct. 21, 2011

NOTICE OF APPEAL as to 84 Order on Motion to Intervene by Movant AAPLOG. (kao) (Entered: 10/24/2011)

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88 Oct. 24, 2011

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 87 Notice of Appeal - Final Judgment. (Attachment: # 1 Preliminary Record)(kao) (Entered: 10/24/2011)

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89 Oct. 24, 2011

APPEAL DOCKETED in 10CCA on 10/24/11 and assigned Appeal No. 11-3314 re 87 Notice of Appeal - Final Judgment filed by AAPLOG. (kao) (Entered: 10/24/2011)

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90 Oct. 25, 2011

Unopposed MOTION for extension of time to File Briefs by Plaintiffs Herbert C. Hodes, Hodes & Nauser, MDs, P.A, Traci Lynn Nauser. (Woody, Teresa) (Entered: 10/25/2011)

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91 Oct. 26, 2011

ORDER granting 90 Plaintiffs' Unopposed Motion for Extension of Time to 11/28/11 to file supplemental briefs analyzing the similarities or differences between the permanent and temporary regulations. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 10/26/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (vs) (Entered: 10/26/2011)

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92 Nov. 7, 2011

TRANSCRIPT ORDER FORM: No Transcript Required filed by AAPLOG re 87 Notice of Appeal - Final Judgment (Dawson, Thomas) (Entered: 11/07/2011)

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93 Nov. 8, 2011

LETTER TO 10CCA stating record is complete re 87 Notice of Appeal - Final Judgment. (Appeal No. 11-3314) (kao) (Entered: 11/08/2011)

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94 Nov. 23, 2011

ORDER VACATING DEADLINE FOR SUPPLEMENTAL BRIEFS AND SETTING STATUS CONFERENCE. Upon the unopposed request of plaintiffs' counsel, the November 28, 2011 deadline for filing supplemental briefs analyzing the similarities or differences between the permanent and temporary regulations is hereby ORDERED vacated, pending further order of the court. IT IS FURTHER ORDERED that the stay of all discovery in this case shall be EXTENDED pending further order. A telephone status conference shall be conducted on January 17, 2012 at 2:00 p.m. and counsel are directed to submit an updated status report no later than January 10, 2012. All pending motions assigned to the undersigned judge shall remain under advisement pending the January status conference. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 11/23/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 11/23/2011)

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95 Nov. 28, 2011

SUPPLEMENTAL BRIEF Regarding the Temporary and Permanent Regulations by Defendants Jerome Gorman, Stephen Howe, Robert Moser, Derek Schmidt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ramsdell, Robert) (Entered: 11/28/2011)

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96 Jan. 12, 2012

ORDER: The deadline for submission of application for attorneys fees is 2/13/12. The status conference set for 1/17/12 is VACATED pending further order. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 1/12/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(vs) (Entered: 01/12/2012)

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97 Jan. 12, 2012

JOINT STIPULATION of Parties by Hodes & Nauser, MDs, P.A. (Woody, Teresa) (Entered: 01/12/2012)

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98 Jan. 23, 2012

ORDER. Based on the joint stipulation filed January 12, 2012, plaintiffs withdraw all outstanding discovery requests and defendants' motion to stay discovery 64 and motion for protective order 67 are MOOT. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 1/23/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sj) (Entered: 01/23/2012)

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99 Feb. 6, 2012

ORDER SETTING AGREED BRIEFING SCHEDULE. No later than February 13, 2012, plaintiffs shall file their motion setting forth the statutory grounds for the award of attorney fees and costs, and a good faith estimate of the amount of fees and costs which plaintiffs seek. In the event the parties are unable to reach an agreement as to the propriety and amount of fees and costs to be awarded to plaintiffs, no later than March 14, 2012 plaintiffs shall file a detailed memorandum in support of the application for attorney fees, with supporting declarations. Defendants' response shall be filed no later than April 13, 2012. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 2/6/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 02/06/2012)

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100 Feb. 13, 2012

MOTION for Attorney Fees Plaintiffs' Motion for Attorney Fees and Costs by Plaintiff Hodes & Nauser, MDs, P.A (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 02/13/2012)

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Case Details

State / Territory:

Kansas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 28, 2011

Closing Date: July 19, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Kansas medical clinic and two physicians who provide abortion services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

District Attorney for Johnson County

State

Attorney General for the State of Kansas

Secretary of the Kansas Department of Health and Environment

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

District of Kansas 2:11-cv-02365

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Abortion

Licensing restriction

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

Recommended Citation