Case: Tucson Women's Center v. Arizona Medical Board

2:09-cv-01909 | U.S. District Court for the District of Arizona

Filed Date: Sept. 14, 2009

Closed Date: March 5, 2010

Clearinghouse coding complete

Case Summary

This case challenged Arizona abortion restrictions enacted 2009 requiring patients to wait 24 hours after an initial appointment to receive an abortion, and prohibiting physicians from billing patients until after the 24-hour waiting period ended. On September 14, 2009, a coalition of medical clinics and physicians filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the attorney general of Arizona and the executive director of the Arizona Medical Board…

This case challenged Arizona abortion restrictions enacted 2009 requiring patients to wait 24 hours after an initial appointment to receive an abortion, and prohibiting physicians from billing patients until after the 24-hour waiting period ended. On September 14, 2009, a coalition of medical clinics and physicians filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the attorney general of Arizona and the executive director of the Arizona Medical Board under 42 U.S.C. § 1983, both in their official capacity. Represented by the Center for Reproductive Rights, the plaintiffs sought injunctive and declaratory relief. They claimed that the 24-hour waiting provision unconstitutionally burdened a woman’s right to an abortion and that the payment provision was unconstitutionally vague and singled out abortion providers in violation of the Fourteenth Amendment. Plaintiffs simultaneously sought a preliminary injunction. The case was assigned to Judge David G. Campbell.

On September 22, 2009, a group of organizations opposing abortion, in addition to Arizona senator Linda Gray and Arizona representative Nancy Barto, filed a motion to intervene as defendants. On November 24, 2009, Judge Campbell denied the intervention motion in large part because legislators lack standing to challenge the constitutionality of legislation and because the plaintiffs had dropped challenges related to the medical providers' right to refuse abortion services in their amended complaint. Judge Campbell granted the motion as it applied to Crisis Pregnancy Centers of Greater Phoenix and the Arizona Catholic Conference, because both organizations demonstrated a significantly protectable interest in the challenged provisions. 2009 WL 4438933.  

On September 14, 2009, in addition to their initial complaint, the plaintiffs had filed a motion for a preliminary injunction and provided declarations from 92 abortion patients in support of the motion. Of the 92 patients, 22 stated that the 24-hour waiting provision would have made obtaining an abortion impossible because of concerns including job loss, inability to arrange childcare, expenses regarding accommodations and travel, and the advanced stages of their pregnancies. Additionally, 45 patients stated the provision would have delayed their abortions by at least one week, and the plaintiffs alleged that such delay would expose patients to increased health risks, the risk their pregnancies would be involuntarily disclosed to others, and psychological harm. Judge Campbell denied the motion on September 29, 2009, holding that the provision’s medical emergency exception would prevent patients in medical emergencies from experiencing harm and that only 11 out of 92 patients showed the provision would impose a substantial obstacle to obtaining an abortion. 666 F. Supp. 2d 1091 (D. Ariz. 2009).

In the same opinion, Judge Campbell also denied the plaintiffs’ motion for a preliminary injunction regarding the payment provision, which prohibited providers from requesting or obtaining payment for services from “a patient who has inquired about an abortion” until the 24-hour waiting period expired. The plaintiffs alleged that the provision was unconstitutionally vague under the Fourteenth Amendment, because patients frequently inquire about abortion services when they are not actively seeking abortions and often make inquiries of physicians who do not offer abortion services. Under those circumstances, physicians would not read those patients the required disclosure, and the 24-hour waiting period would never be triggered. The physicians would therefore be prohibited from ever collecting payment for their services. Judge Campbell denied the plaintiffs’ motion for a preliminary injunction because the context of the law, which exclusively regulated abortion procedures, suggested the legislature intended for the provision to apply only to patients actively seeking abortion services. But he held that the payment provision was ambiguous, and the next day, September 30, 2009, he certified the question of the provision’s ambiguity to the Arizona Supreme Court.

On October 9, 2009, the plaintiffs filed an amended complaint to drop a claim that the 24-hour waiting provision also violated the Emergency Medical Treatment and Active Labor Act, a law requiring hospitals to screen and stabilize patients experiencing medical emergencies. 

The plaintiffs appealed Judge Campbell’s decision denying their preliminary injunction motion on November 30, 2009. Then, on December 3, 2009, the plaintiffs filed a second motion for a preliminary injunction to enjoin the enforcement of the payment provision pending appeal. Judge Campbell denied the motion on January 15, 2010, holding that the plaintiffs’ appeal was unlikely to succeed because the defendants’ interpretation of the statute as applying only to abortion providers was the most reasonable one. 2010 WL 234956.

The plaintiffs' counsel, the Center for Reproductive Rights, filed a similar case in Arizona state court, Planned Parenthood of Arizona, Inc. v. Horne, and won an injunction against the statutory requirements that the state-mandated information be provided orally and in person, that only physicians provide surgical abortions, and that parental consent forms be notarized. 

On March 5, 2010, the plaintiffs voluntarily dismissed the federal case and appeal; according to its website, the Center for Reproductive Rights shifted to helping Arizona abortion providers comply with the restrictions. The case is now closed.

Summary Authors

Laura Irei (2/3/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4132789/parties/tucson-womens-center-v-arizona-medical-board/


Judge(s)

Campbell, David G. (Arizona)

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Documents in the Clearinghouse

Document
1

2:09-cv-01909

Complaint

Tucson Women's Center vs. Arizona Medical Board

Sept. 14, 2009

Sept. 14, 2009

Complaint
65

2:09-cv-01909

Order

Tucson Women's Center vs. Arizona Medical Board

Sept. 29, 2009

Sept. 29, 2009

Order/Opinion

666 F.Supp.2d 666

109

2:09-cv-01909

Order

Tucson Women's Center vs. Arizona Medical Board

Sept. 29, 2009

Sept. 29, 2009

Order/Opinion

2010 WL 2010

82

2:09-cv-01909

Amended Complaint

Oct. 9, 2009

Oct. 9, 2009

Complaint
91

2:09-cv-01909

Order

Nov. 24, 2009

Nov. 24, 2009

Order/Opinion

2009 WL 2009

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132789/tucson-womens-center-v-arizona-medical-board/

Last updated April 30, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
13

MOTION for Admission Pro Hac Vice as to attorney Jordan Goldberg on behalf of plaintiffs Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, and Tucson Women's Center. (BAS) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
14

MOTION for Admission Pro Hac Vice as to attorney Suzanne Novak on behalf of plaintiffs Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, and Tucson Women's Center. (BAS) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3174778 (TRO Requested), filed by Tucson Women's Center, Paul A. Isaacson, M.D., William H. Richardson, M.D., Family Planning Associates, Frank Laudonio, M.D.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Exhibit Civil Cover Sheet Attachment)(LaVoy, Christopher) (Entered: 09/14/2009)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

3 Exhibit Civil Cover Sheet Attachment

View on PACER

Sept. 14, 2009

Sept. 14, 2009

Clearinghouse
2

SUMMONS Submitted by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
3

SUMMONS Submitted by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
4

SUMMONS Submitted by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
5

MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative,, MOTION for Temporary Restraining Order by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
6

MEMORANDUM re: Memorandum of Law in Support of Motion for Preliminary Injunction re 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order by Plaintiffs Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center. (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
7

DECLARATION of Suzanne Novak re 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order by Plaintiffs Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
8

LODGED Proposed Motion for Leave to File Overlength Brief re: 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center. (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
9

Corporate Disclosure Statement by Family Planning Associates, Paul A. Isaacson, M.D., Frank Laudonio, M.D., William H. Richardson, M.D., Tucson Women's Center. (LaVoy, Christopher) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
10

This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV 09-1909-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
11

Notice of availability of Magistrate Judge (BAS) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
12

Summons Issued as to Arizona Medical Board, Terry Goddard, Lisa Wynn. (Attachments: # 1 Lisa Wynn Arizona Medical Board, # 2 Terry Goddard, Arizona Attorney General)(BAS). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
15

ORDER pursuant to General Order 05-25 granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
16

SUMMONS Returned Executed by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. Lisa Wynn (Arizona Medical Board) served on 9/15/09 (LaVoy, Christopher) Modified on 9/17/2009 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Certificate of Service) TO (Summons Returned Executed) (KMG). (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
17

SUMMONS Returned Executed by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. Terry Goddard served on 9/15/09. (LaVoy, Christopher) Modified on 9/17/2009 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Certificate of Service) TO (Summons Returned Executed)(KMG). (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
18

SUMMONS Returned Executed by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. Lisa Wynn served on 9/15/09. (LaVoy, Christopher) Modified on 9/17/2009 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Certificate of Service) TO (Summons Returned Executed)(KMG). (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
19

Status Conference set for 9/22/2009 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 9/16/2009. (NVO) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
20

NOTICE of Appearance by Carrie Jane Brennan on behalf of Arizona Medical Board, Terry Goddard, Lisa Wynn (Brennan, Carrie) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
21

NOTICE of Appearance by Gregory David Honig on behalf of Arizona Medical Board, Terry Goddard, Lisa Wynn (Honig, Gregory) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
22

NOTICE of Appearance by Paula S Bickett on behalf of Arizona Medical Board, Terry Goddard, Lisa Wynn (Bickett, Paula) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
23

ORDER granting 8 Plaintiffs' Motion for leave to file over length brief. The Clerk is directed to file Plaintiffs' motion for preliminary injunction and expedited briefing schedule, or in the alternative, motion for temporary restraining order. Signed by Judge David G Campbell on 9/17/09.(TLJ) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
24

NOTICE of Appearance by Mary Ruth O'Grady on behalf of Arizona Medical Board, Terry Goddard, Lisa Wynn (O'Grady, Mary) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
25

REPORT of Joint Proposed Scheduling Order by Defendants Arizona Medical Board, Terry Goddard, Lisa Wynn, Plaintiffs Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. (Novak, Suzanne) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
26

MOTION to Intervene by Christian Medical and Dental Associations, American Association of Pro-Life Obstetricians and Gynecologists, Catholic Medical Association, Crisis Pregnancy Centers of Greater Phoenix, Inc., Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Christian Pharmacists Fellowship International, Linda Gray, Nancy Barto. (Attachments: # 1 Exhibit A: Proposed Answer, # 2 Text of Proposed Order Proposed Order Granting Intervention)(Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
27

DECLARATION of Barbara Willis by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
28

DECLARATION of Representative Nancy Barto re 26 MOTION to Intervene by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
29

DECLARATION of Senator Linda Gray by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
30

DECLARATION of Louis Breschi re 26 MOTION to Intervene by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
31

DECLARATION of Fred Eckel by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
32

DECLARATION of Donna Harrison by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
33

DECLARATION of Ron Johnson by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
34

DECLARATION of Pat McNerny by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) Modified on 9/30/2009, DOCUMENT FILED WITH INCORRECT CASE CAPTION AND CASE NUMBER, (LSP). (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
35

DECLARATION of Gene Rudd by Intervenor Defendants Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto filed by Christian Pharmacists Fellowship International, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray, Catholic Medical Association, Nancy Barto. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
36

Corporate Disclosure Statement by American Association of Pro-Life Obstetricians and Gynecologists. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
37

Corporate Disclosure Statement by Arizona Catholic Conference. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
38

Corporate Disclosure Statement by Ave Maria Pharmacy, PLLC. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
39

Corporate Disclosure Statement by Catholic Medical Association. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
40

Corporate Disclosure Statement by Christian Medical and Dental Associations. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
41

Corporate Disclosure Statement by Crisis Pregnancy Centers of Greater Phoenix, Inc.. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
42

Corporate Disclosure Statement by Christian Pharmacists Fellowship International. (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
43

NOTICE of Appearance by Deborah Marie Sheasby on behalf of American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray (Sheasby, Deborah) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
44

ORDER. Preliminary/Permanent Injunction Hearing set for 9/29/2009 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 9/22/2009. (NVO) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
45

Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Jayma Meyer (telephonically), Jordan Goldberg (telephonically), Christopher LaVoy and Suzanne Novak for plas; Mary O'Grady, Greg Honig, Kevin Ray, Deborah Shaesby and Steven Aden (telephonically) for dfts. Status Conference held on 9/22/2009. Hearing on motion for preliminary injunction set for 9/29/2009 at 2:00 p.m. Argument presented on motion to intervene. Separate order to issue. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
46

MOTION for Admission Pro Hac Vice as to attorney Steven H. Aden by American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray. (Sheasby, Deborah) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
47

NOTICE TO FILER OF DEFICIENCY re 46 MOTION for Admission Pro Hac Vice as to attorney Steven H. Aden filed by Crisis Pregnancy Centers of Greater Phoenix, Inc., Christian Pharmacists Fellowship International, Arizona Catholic Conference, Linda Gray, Nancy Barto, Christian Medical and Dental Associations, Catholic Medical Association, American Association of Pro-Life Obstetricians and Gynecologists, Ave Maria Pharmacy, PLLC. Description of deficiency: Pro Hac Application was electronically filed by in-state counsel for ineligible out of state counsel; Certificate of Good Standing is from a State Court and must be from a Federal Court. Follow up is required. Please see attached pdf for full details. (ESL, ) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
48

ERRATA by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center re 6 Memorandum, (LaVoy, Christopher) Modified on 10/1/2009, INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Notice" TO "Errata", (LSP). (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
49

NOTICE of Appearance by Cathi Warner Herrod on behalf of American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray (Herrod, Cathi) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
50

NOTICE of Appearance by Nikolas T Nikas on behalf of American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray (Nikas, Nikolas) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
51

RESPONSE to Motion re 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order filed by Arizona Medical Board, Terry Goddard, Lisa Wynn. (Brennan, Carrie) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
52

BRIEF re 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order by Intervenor Defendants American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray. (Sheasby, Deborah) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
53

MOTION for Leave to File Excess Pages for Reponse to Motion for Preliminary Injunction by Arizona Medical Board, Terry Goddard, Lisa Wynn. (Attachments: # 1 Text of Proposed Order)(Brennan, Carrie) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
54

MOTION for Admission Pro Hac Vice as to attorney Jayma M Meyer on behalf of Tucson Women's Center. (BAS) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX088864 as to Jayma M Meyer. (BAS)

Sept. 24, 2009

Sept. 24, 2009

PACER
55

ORDER pursuant to General Order 05-25 granting 54 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
56

REPLY in Support re 5 MOTION for Preliminary Injunction and Expedited Briefing Schedule, or in the alternative, MOTION for Temporary Restraining Order filed by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. (Attachments: # 1 Exhibit A - Hart Declaration, # 2 Exhibit B - Richardson Second Declaration, # 3 Exhibit C - Isaacson Second Declaration)(Novak, Suzanne) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
57

MOTION for Leave to File Excess Pages for Reply Brief by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. (Attachments: # 1 Text of Proposed Order Proposed Order)(Novak, Suzanne) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
58

Certificate of Service by Tucson Women's Center re 57 MOTION for Leave to File Excess Pages for Reply Brief, 56 Reply in Support of Motion, (LaVoy, Christopher) Modified on 9/29/2009 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO CERTIFICATE OF SERVICE. (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
59

MOTION for Admission Pro Hac Vice as to attorney Sarah Dunn on behalf of Tucson Women's Center. (BAS) (Entered: 09/29/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
60

MOTION for Admission Pro Hac Vice as to attorney Elizabeth Owen on behalf of Tucson Women's Center. (BAS) (Entered: 09/29/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX088947 as to Sarah Dunn. (BAS)

Sept. 29, 2009

Sept. 29, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX0888948 as to Elizabeth Owen. (BAS)

Sept. 29, 2009

Sept. 29, 2009

PACER
61

ORDER pursuant to General Order 05-25 granting 59 Motion for Admission Pro Hac Vice; granting 60 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
62

Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Jordan Goldberg, Suzanne Novak, Jayma Meyer and Mark Chernoff for plas; Paula Bickett, Carrie Brennan, Gregory Honig, Mary O'Grady and Kevin Ray for dfts; Deborah Shaesby, Steven Aden, Cathi Herrod and Nikolas Nikas for intervenor dfts. Motion Hearing held on 9/29/2009 re 5 MOTION for Preliminary Injunction filed by Tucson Women's Center, Family Planning Associates. Argument presented. Motion taken under advisement. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
63

MOTION for Admission Pro Hac Vice as to attorney Steven H Aden on behalf of American Association of Pro-Life Obstetricians and Gynecologists. (BAS) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX089024 as to Steven H Aden. (BAS)

Sept. 29, 2009

Sept. 29, 2009

PACER
64

ORDER pursuant to General Order 05-25 granting 63 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
65

ORDER granting 53 Motion for Leave to File Excess Pages; granting 57 Motion for Leave to File Excess Pages; denying 5 Motion for Preliminary Injunction; denying 5 Motion for TRO. Signed by Judge David G Campbell on 9/29/2009.(NVO) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

Clearinghouse
66

TRANSCRIPT DESIGNATION AND ORDER FORM by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center for proceedings held on 9/29/2009 before Judge David G. Campbell. (Novak, Suzanne) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
67

MOTION for Admission Pro Hac Vice as to attorney Meryl Rosen on behalf of Tucson Women's Center. (BAS) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX089048 as to Meryl Rosen. (BAS)

Sept. 30, 2009

Sept. 30, 2009

PACER
68

MOTION for Admission Pro Hac Vice as to attorney Aimee Goldstein on behalf of Tucson Women's Center. (BAS) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX089049 as to Aimee H Goldstein. (BAS)

Sept. 30, 2009

Sept. 30, 2009

PACER
69

MOTION for Admission Pro Hac Vice as to attorney Janelle Filson on behalf of Tucson Women's Center. (BAS) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX089050 as to Janelle Filson. (BAS)

Sept. 30, 2009

Sept. 30, 2009

PACER
70

ORDER pursuant to General Order 05-25 granting 67 Motion for Admission Pro Hac Vice; granting 68 Motion for Admission Pro Hac Vice; granting 69 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
71

ORDER CERTIFYING QUESTION TO THE ARIZONA SUPREME COURT - IT IS ORDERED:1. The following question is certified to the Arizona Supreme Court pursuant toA.R.S. § 12-1861 and Rule 27 of the Rules of the Arizona Supreme Court: Whether the payment provision of A.R.S. § 36-2153(D) applies only when the informed consent and 24-hour waiting period of A.R.S. § 36-2153(A) is triggered by the actual providing or inducing of an abortion, or whether it applies outside the abortion context whenever an inquiry about abortion is made to a health care provider. 2. The Clerk is directed to file with the Arizona Supreme Court the original and six copies of this certification order. The Clerk shall transmit to the Arizona Supreme Court the original or copies of such other portions of the Court's record as the Arizona Supreme Court may deem necessary to a determination of the certified question. Signed by Judge David G Campbell on 9/30/09. (SAT) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

RECAP
72

TRANSCRIPT of Proceedings re: Injunction Hearing held on 09/29/09 before Judge David G. Campbell. Court Reporter: Patricia Lyons. 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. Redaction Request due 10/22/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/30/2009. (Cady, Elizabeth) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT 72 . (Cady, Elizabeth) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER
74

First MOTION for Extension of Time to File Answer re Complaint by Arizona Medical Board, Terry L Goddard, Lisa Wynn. (Attachments: # 1 Text of Proposed Order Lodged Proposed Order)(Bickett, Paula) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
75

NOTICE of Appearance by Steven Henry Aden on behalf of American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray (Aden, Steven) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
76

MOTION for Admission Pro Hac Vice as to attorney James G Gamble on behalf of Tucson Women's Center. (BAS) (Entered: 10/05/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX089157 as to James G Gamble. (BAS)

Oct. 5, 2009

Oct. 5, 2009

PACER
77

ORDER pursuant to General Order 05-25 granting 76 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
78

ORDER granting 74 Motion for Extension of Time to Answer. Arizona Medical Board answer due 10/20/2009; Terry L Goddard answer due 10/20/2009; Lisa Wynn answer due 10/20/2009. Signed by Judge David G Campbell on 10/8/2009.(NVO) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER
79

MOTION for Admission Pro Hac Vice as to attorney Matthew S Bowman on behalf of American Association of Pro-Life Obstetricians and Gynecologists. (BAS) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER
80

MOTION for Admission Pro Hac Vice as to attorney Michael Casey Mattox on behalf of American Association of Pro-Life Obstetricians and Gynecologists. (BAS) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX089352 as to Matthew S Bowman, Michael Casey Mattox. (BAS)

Oct. 8, 2009

Oct. 8, 2009

PACER
81

ORDER pursuant to General Order 05-25 granting 79 Motion for Admission Pro Hac Vice; granting 80 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER
82

AMENDED COMPLAINT against Arizona Medical Board, Terry L Goddard, Lisa Wynn, filed by Family Planning Associates, Tucson Women's Center, William Richardson, Paul A Isaacson, Frank Laudonio.(Novak, Suzanne) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

Clearinghouse
83

RESPONSE in Opposition re 26 MOTION to Intervene filed by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. (Novak, Suzanne) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
84

REPLY to Response to Motion re 26 MOTION to Intervene filed by American Association of Pro-Life Obstetricians and Gynecologists, Arizona Catholic Conference, Ave Maria Pharmacy, PLLC, Nancy Barto, Catholic Medical Association, Christian Medical and Dental Associations, Christian Pharmacists Fellowship International, Crisis Pregnancy Centers of Greater Phoenix, Inc., Linda Gray. (Aden, Steven) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
85

MOTION for Extension of Time in Which to File Notice of Appeal by Family Planning Associates, Paul A Isaacson, Frank Laudonio, William Richardson, Tucson Women's Center. (Attachments: # 1 Text of Proposed Order)(Novak, Suzanne) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
86

ORDER granting 85 Motion for Extension of Time in Which to File Notice of Appeal. Signed by Judge David G Campbell on 10/28/2009.(NVO) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER
87

MOTION for Admission Pro Hac Vice as to attorney Gillian Rice Maupin on behalf of Tucson Women's Center. (BAS) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX090069 as to Gillian Rice Maupin. (BAS)

Oct. 29, 2009

Oct. 29, 2009

PACER
88

ORDER pursuant to General Order 05-25 granting 87 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
89

Defendants' ANSWER to 82 Amended Complaint by Arizona Medical Board, Terry L Goddard, Lisa Wynn.(Brennan, Carrie) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
90

ORDER. Rule 16 Case Management Conference set for 1/6/2010 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 11/17/2009. (NVO) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Sept. 14, 2009

Closing Date: March 5, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A coalition of medical clinics and physicians providing abortion services to Arizona patients.

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

Executive Director of the Arizona Medical Board (Maricopa), State

Attorney General of Arizona (Maricopa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

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

Form of Settlement:

Voluntary Dismissal

Issues

Reproductive rights:

Abortion

Mandatory delay

Patient disclosure requirement

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