Case: Aid for Women v. Foulston

6:03-cv-01353 | U.S. District Court for the District of Kansas

Filed Date: Oct. 3, 2003

Closed Date: Oct. 16, 2008

Clearinghouse coding complete

Case Summary

Individual licensed professionals, including healthcare providers and social workers, joined Aid for Women, a gynecological medical practice in Kansas City, to bring this putative class action lawsuit in U.S. District Court for the District of Kansas, against district attorneys in Kansas and (in an amended complaint) the state attorney general. They filed the case on October 3, 2003, after the attorney general of Kansas issued a 2003 advisory opinion, interpreting the state’s child abuse report…

Individual licensed professionals, including healthcare providers and social workers, joined Aid for Women, a gynecological medical practice in Kansas City, to bring this putative class action lawsuit in U.S. District Court for the District of Kansas, against district attorneys in Kansas and (in an amended complaint) the state attorney general. They filed the case on October 3, 2003, after the attorney general of Kansas issued a 2003 advisory opinion, interpreting the state’s child abuse reporting statute, Kan. Stat. Ann. § 38-1522, to require mandatory reporters, including the licensed professionals, to report any sexual activity by an unmarried minor under the age of sixteen (an underage minor), regardless of suspected abuse. The complaint alleged that the attorney general’s opinion violated the Fourteenth Amendment by depriving the providers of fair notice and by depriving their underage minor patients and clients of the right to privacy in healthcare. Represented by a private criminal defense attorney and the Center for Reproductive Rights, plaintiffs sought declaratory relief and an injunction barring the attorney general and district attorneys from enforcing the reporting statute as interpreted in the advisory opinion. Notably, they did not seek to completely enjoin the reporting statute, but rather sought to enjoin the blanket requirement to report all sexually active underage minors. (They also sought attorney’s fees.) 

The case was assigned to Judge J. Thomas Marten. Aid for Women and the licensed professionals sought class certification for both plaintiffs and defendants. They initially proposed a plaintiff class of mandatory reporters and their underage minor patients but withdrew their motion for plaintiff class certification on October 16, 2003. However, the court approved the proposed defendant class on January 7, 2004, including in the class all district attorneys in the state of Kansas.

 An amended complaint added equal protection claims and expanded the privacy claims, specifically alleging that the advisory opinion prevented underage minors from confidentially accessing contraception and abortion, and effectively implemented a parental notification requirement because parents and guardians typically receive information about reports of abuse. The complaint also argued that the advisory opinion created unconstitutional classifications based on age and marital status in violation of the Equal Protection Clause. 

The district attorneys swiftly moved for summary judgment, which the court denied on July 26, 2004. 327 F.Supp. 2d 1273 (D. Kan. 2004). It instead granted the plaintiffs a preliminary injunction, finding that although the state had an interest in preventing child abuse, the advisory opinion constituted an unreasonable invasion of privacy. This preliminary injunction prevented the district attorneys and attorney general from enforcing the reporting statute while the case continued. They promptly appealed the preliminary injunction to the 10th Circuit in an interlocutory appeal, claiming that the plaintiffs lacked standing to sue and that the preliminary injunction was unwarranted.

While the interlocutory appeal was pending, the parties submitted cross-motions for summary judgment. The court decided these motions in December, 2005, denying plaintiffs' motion on December 14, 2005, due to factual discrepancies about state reporting policies, and partially granting and partially denying the district attorney’s motion regarding the equal protection claim . The court determined that the plaintiffs failed to demonstrate that age and marital statutes constituted suspect classes under the Equal Protection Clause but permitted them to continue arguing under a fundamental rights analysis. Then, on January 25, 2006, the court denied the district attorney’s motion for summary judgment on the fair-notice claims.

On January 27, 2006, the Court of Appeals returned its decision on the interlocutory appeal. That court affirmed that Aid for Women and the licensed professionals had standing, but reversed the preliminary injunction, determining that Aid for Women did not show a likelihood of success on the merits. 441 F.3d 1101 (10th Cir. 2006).

The district court then held a bench trial beginning on January 30, 2006.  While awaiting a decision, plaintiffs again (on March 20, 2006) sought a temporary restraining order and preliminary injunction. The following month, on April 18, the district court granted a permanent injunction and dismissed the March 20, 2006, motion as moot. Judge Marten found that the reporting statute was not vague and that it raised neither equal protection concerns nor decisional privacy concerns. However, he granted the injunction because he found that the reporting statute under the advisory opinion created unconstitutional violations of informational privacy. The injunction barred the defendant class from enforcing the reporting statute against Aid for Women and the licensed professionals in situations involving consensual sexual activity between an underage minor and a person of similar age and no reasonable suspicion of injury. 427 F.Supp. 2d 1093 (D. Kan. 2006).

The district attorneys again appealed to the Tenth Circuit on May 16, 2006, and the plaintiffs filed a cross appeal. The Tenth Circuit dismissed the appeals as moot and remanded to the district court on September 18, 2007, because the Kansas legislature had in the meantime repealed the disputed reporting statute. 2007 WL 6787808 (10th Cir. 2007).

In April 2008, the parties agreed to stay the case after the Kansas attorney general’s successor took office and replaced his predecessor in the suit. On August 1, 2008, the parties jointly moved to dismiss the case without prejudice, which the court approved on October 16, 2008. The case is now closed. 

Summary Authors

Betsy Sheppard (7/21/2022)

Documents in the Clearinghouse

Document
1

6:03-cv-01353

Complaint

Oct. 3, 2003

Oct. 3, 2003

Complaint
60

6:03-cv-01353

Memorandum and Order

Jan. 7, 2004

Jan. 7, 2004

Order/Opinion
71

6:03-cv-01353

Memorandum and Order

July 26, 2004

July 26, 2004

Order/Opinion
135

6:03-cv-01353

Third Amended Complaint

Nov. 4, 2004

Nov. 4, 2004

Complaint
401

6:03-cv-01353

Memorandum and Order

Dec. 15, 2005

Dec. 15, 2005

Order/Opinion
455

6:03-cv-01353

Judgment

U. S. Court of Appeals for the Tenth Circuit

March 27, 2006

March 27, 2006

Order/Opinion
456

6:03-cv-01353

Memorandum Opinion and Order

April 18, 2006

April 18, 2006

Order/Opinion
490

6:03-cv-01353

Order

U. S. Court of Appeals for the Tenth Circuit

Sept. 18, 2007

Sept. 18, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4640996/aid-for-women-v-foulston/

Last updated Aug. 29, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Wichita, Ks, filed by plaintiffs Aid for Women, Teri Augustus, Margot Breckbill, Tracy Cowles, Willow Eby, Vicki Epp, Margaret Estrin, Herbert Hodes, Beth McGilley, Staci Morgan, Traci Nauser, Colleen O'Donnel, Trina Wheeler, and Sherman Zaremski. (Attachments: # 1 Exhibits to Complaint)(vlw) (Entered: 10/06/2003)

1 Exhibits to Complaint

View on RECAP

Oct. 3, 2003

Oct. 3, 2003

Clearinghouse

FILING FEE PAID in the amount of $150, receipt number 25842 (vlw)

Oct. 6, 2003

Oct. 6, 2003

PACER

DOCKET ANNOTATION: Short title modified to show correct caption of "Aid for Women et al v. Foulston) (THIS IS A TEXT ENTRY ONLY - NO DOCUMENT ATTACHED) (vlw)

Oct. 6, 2003

Oct. 6, 2003

PACER
2

MOTION for attorney Bonnie Scott Jones to appear pro hac vice by Plaintiff Aid for Women (Attachments: # 1 Supplement Proposed Order# 2 Affidavit)(Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
3

MOTION for attorney Simon Heller to appear pro hac vice by Plaintiff Aid for Women (Attachments: # 1 Supplement Proposed Order# 2 Affidavit)(Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
4

MOTION for Preliminary Injunction by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
5

MEMORANDUM IN SUPPORT of 4 MOTION for Preliminary Injunction by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
6

AFFIDAVIT of Herbert Hodes, M.D. re 4 MOTION for Preliminary Injunction by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
7

AFFIDAVIT of Beth McGilley, PhD re 4 MOTION for Preliminary Injunction by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
8

AFFIDAVIT of Trina Wheeler, LMSW re 4 MOTION for Preliminary Injunction by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
9

MOTION to Certify Class of Plaintiffs by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
10

MOTION to Certify Class of Defendants by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
11

MEMORANDUM IN SUPPORT of 10 MOTION to Certify Class of Defendants, 9 MOTION to Certify Class of Plaintiffs by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
12

NOTICE of Challenge to Constitutionality of State Statute Pursuant to Local Rule 24.1 by Aid for Women (Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
13

AFFIDAVIT of Stanley Henshaw, PhD re 4 MOTION for Preliminary Injunction by Plaintiff Aid for Women (Attachments: # 1 Exhibit)(Shaneyfelt, Laura) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
14

MINUTE ORDER OF RECUSAL. Judge Karen M. Humphreys recused. Case reassigned to Judge Donald W. Bostwick for all further proceedings. Signed by deputy clerk on 10/7/03. (sj) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
15

NOTICE of Hearing on plaintiffs' 4 Motion for Preliminary Injunction: Motion Hearing set for 10/24/2003 at 9:00 AM before District Judge J. Thomas Marten. (mss) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

PACER
16

ENTRY OF APPEARANCE by Steve Phillips on behalf of Nola Foulston. (Phillips, Steve) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

PACER

PRO HAC VICE FEE PAID: on 10/15/03 for attorney Bonnie Jones and Simon Heller re: 2 MOTION for attorney Bonnie Scott Jones to appear pro hac vice, 3 MOTION for attorney Simon Heller to appear pro hac vice in the amount of $50.00 Receipt Number 025875 (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ef)

Oct. 15, 2003

Oct. 15, 2003

PACER
17

MOTION to Withdraw 9 MOTION to Certify Class of Plaintiffs by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

PACER
18

AMENDED COMPLAINT against all defendants, filed by Aid for Women.(Shaneyfelt, Laura) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

PACER
19

AMENDED DOCUMENT by Aid for Women. Amendment to 2 MOTION for attorney Bonnie Scott Jones to appear pro hac vice Amended Affidavit of Bonnie Scott Jones. (Shaneyfelt, Laura) (ef). (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
20

AMENDED DOCUMENT by Aid for Women. Amendment to 3 MOTION for attorney Simon Heller to appear pro hac vice Amended Affidavit of Simon Heller. (Shaneyfelt, Laura) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
21

ORDER GRANTING 2 Motion to Appear Pro Hac Vice Simon Heller for all plaintiffs; and GRANTING 3 Motion to Appear Pro Hac Vice Bonnie Scott Jones for all plaintiffs. This is a text entry only. NO DOCUMENT IS ATTACHED TO THIS ENTRY. Signed by deputy clerk on 10/17/03. (aw) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
22

MOTION to Continue hearing on preliminary injunction, MOTION for Extension of Time to File resonse as to 4 MOTION for Preliminary Injunction by Defendant Nola Foulston (Phillips, Stephen) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
23

MEMORANDUM IN SUPPORT of 22 MOTION to Continue hearing on preliminary injunction MOTION for Extension of Time to File resonse as to 4 MOTION for Preliminary Injunction by Defendant Nola Foulston (Phillips, Stephen) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
24

MOTION for Extension of Time to File response as to 10 MOTION to Certify Class of Defendants by Defendant Nola Foulston (Phillips, Stephen) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
25

MEMORANDUM IN SUPPORT of 24 MOTION for Extension of Time to File response as to 10 MOTION to Certify Class of Defendants by Defendant Nola Foulston (Phillips, Stephen) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
26

RESPONSE by Plaintiff Aid for Women re 22 MOTION to Continue hearing on preliminary injunction MOTION for Extension of Time to File response as to 4 MOTION for Preliminary Injunction (Shaneyfelt, Laura) Modified on 10/29/2003 to correct mis-spelled word(ef). (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
27

REPLY to Response to Motion by Defendant Nola Foulston re: 22 MOTION to Continue hearing on preliminary injunction MOTION for Extension of Time to File response as to 4 MOTION for Preliminary Injunction (Phillips, Stephen) Modified on 10/29/2003 (ef). (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
28

RESPONSE by Plaintiff Aid for Women re 24 MOTION for Extension of Time to File response as to 10 MOTION to Certify Class of Defendants (Shaneyfelt, Laura) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
29

ORDER granting 22 Motion to Continue Preliminary Injuction Hearing, granting 22 Motion for Extension of Time to File Response/Reply; Response deadline 11/14/2003; Preliminary/Permanent Injunction Hearing set for 11/25/2003 before District Judge J. Thomas Marten. Signed by Judge J. Thomas Marten on 10/21/03. (ef) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

PACER
30

MOTION for Reconsideration re 29 Order on Motion to Continue,, Order on Motion for Extension of Time to File Response/Reply, by Defendant Nola Foulston (Phillips, Stephen) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
31

MOTION for Discovery Deadlines To Be Set by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
32

RESPONSE by Plaintiff Aid for Women re 30 MOTION for Reconsideration re 29 Order on Motion to Continue,, Order on Motion for Extension of Time to File Response/Reply, (Shaneyfelt, Laura) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
33

CLERK'S ORDER extending time until 11/10/03 for Defendant Nola Foulston to answer or otherwise plead. Signed by Judge deputy clerk on 10/24/03. (ef) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

PACER
34

RESPONSE by Defendant Nola Foulston re 30 MOTION for Reconsideration re 29 Order on Motion to Continue,, Order on Motion for Extension of Time to File Response/Reply,, 31 MOTION for Discovery Deadlines To Be Set (Phillips, Stephen) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

PACER
35

ORDER granting 30 Motion for Reconsideration and, granting 31 Motion for Discovery as stated. Signed by Judge J. Thomas Marten on 10/27/03. (ef) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

PACER
36

ORDER resetting preliminary injuction hearing for 11/25/03 @ 1:30 p.m. Signed by Judge J. Thomas Marten on 10/31/03. (ef) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
37

CERTIFICATE OF SERVICE by Aid for Women for filing of witness list for preliminary injunction hearing. (Shaneyfelt, Laura) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
38

RESPONSE by Defendant Nola Foulston re 10 MOTION to Certify Class of Defendants (Phillips, Stephen) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
39

RESPONSE by Defendant Nola Foulston re 4 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Exhibit A# 2 Affidavit Exhibit B# 3 Affidavit Exhibit C)(Phillips, Stephen) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
40

ANSWER to Amended Complaint by Nola Foulston.(Phillips, Stephen) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

PACER
41

CERTIFICATE OF SERVICE by Nola Foulston (Phillips, Stephen) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

PACER
42

REPLY to Response to Motion by Plaintiff Aid for Women re: 4 MOTION for Preliminary Injunction (Shaneyfelt, Laura) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
43

REPLY to Response to Motion by Plaintiff Aid for Women re: 10 MOTION to Certify Class of Defendants (Attachments: # 1 Affidavit of Dr. Herbert Hodes)(Shaneyfelt, Laura) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
44

ENTRY OF APPEARANCE by Stephen D. Maxwell on behalf of Nola Foulston. (Maxwell, Stephen) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

PACER
45

MOTION for Judgment on the Pleadings by Defendant Nola Foulston (Phillips, Stephen) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

PACER
46

MEMORANDUM IN SUPPORT of 45 MOTION for Judgment on the Pleadings by Defendant Nola Foulston (Phillips, Stephen) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

PACER
47

MOTION to Strike 42 Reply to Response to Motion by Defendant Nola Foulston (Phillips, Stephen) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

PACER
48

NOTICE of Waiver of Rule 26(a)(2)Disclosures by Aid for Women (Shaneyfelt, Laura) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

PACER
49

NOTICE of of Waiver of Rule 26(a)(2) Disclosures by Nola Foulston (Phillips, Stephen) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

PACER
50

RESPONSE by Plaintiff Aid for Women re 47 MOTION to Strike 42 Reply to Response to Motion (Shaneyfelt, Laura) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
51

ENTRY OF APPEARANCE by David W. Davies on behalf of Nola Foulston. (vlw) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

PACER
52

RETURN OF SERVICE of subpoena filed by Defendant Nola Foulston executed upon Cathy Hubbard on 11/24/03 by personal service (vlw) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

PACER
53

Minute Entry for proceedings held before Judge J. Thomas Marten: Motion Hearing held on 11/25/2003 re 47 defendant's MOTION to Strike 42 Reply to Response to Motion filed by Nola Foulston, and 4 plaintiff's MOTION for Preliminary Injunction filed by Aid for Women. (Court Reporter Jim Harper.) (Attachments: # 1 Witness & exhibit list) (mss) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

PACER
54

MOTION for Extension of Time to File Response as to 45 MOTION for Judgment on the Pleadings by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
55

ORDER granting 54 plaintiff Aid for Women's Motion for Extension of Time to File Response to 45 defendant's MOTION for Judgment on the Pleadings. Response is due January 9, 2004. Entered by Judge J. Thomas Marten on 12-3-03.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Marten) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

PACER
56

TRIAL BRIEF Plaintiffs' Closing Argument of Motion for Preliminary Injunction by Aid for Women. (Shaneyfelt, Laura) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER
57

TRIAL BRIEF Defendant's Closing Arguments for Nov. 25 hearing by Nola Foulston. (Phillips, Stephen) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER
58

TRIAL BRIEF Plaintiffs'Reply In Further Support of Their Closing Argument on Motion for Preliminary Injunction by Aid for Women. (Shaneyfelt, Laura) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
59

TRIAL BRIEF in response to Plaintiffs' closing argument by Nola Foulston. (Phillips, Stephen) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
60

MEMORANDUM AND ORDER granting 10 plaintiffs' Motion for certification of a defendant class. Signed by Judge J. Thomas Marten on 01/07/04. (mss) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

Clearinghouse
61

RESPONSE by Plaintiff Aid for Women re 45 MOTION for Judgment on the Pleadings (Shaneyfelt, Laura) (Entered: 01/11/2004)

Jan. 11, 2004

Jan. 11, 2004

PACER
62

MOTION for Leave to file Response to Defendant's Motion for Judgment on the Pleadings Out of Time by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 01/11/2004)

Jan. 11, 2004

Jan. 11, 2004

PACER
63

RESPONSE by Defendant Nola Foulston re 62 MOTION for Leave to file Response to Defendant's Motion for Judgment on the Pleadings Out of Time (Phillips, Stephen) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER
64

ORDER granting 62 Plaintiff's Motion for Leave to File response out of time. Entered by Judge J. Thomas Marten on 01/13/04.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mss) (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

PACER
65

MOTION to Certify question to Kansas Supreme Court by Defendant Nola Foulston (Phillips, Stephen) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
66

MEMORANDUM IN SUPPORT of 65 MOTION to Certify question to Kansas Supreme Court by Defendant Nola Foulston (Phillips, Stephen) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

PACER
67

RESPONSE by Plaintiff Aid for Women re 65 MOTION to Certify question to Kansas Supreme Court (Shaneyfelt, Laura) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
68

TRANSCRIPT of proceedings held 11/25/03 before Judge Marten, Court Reporter: Jim Harper. Volume: 1. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties 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, the transcript will be made electronically available after 5 business days. WARNING: For access to this document only (unlike other documents) via the Notice of Electronic Filing, click on the CASE NUMBER (not the Document Number) hyperlink; at the login screen enter your ECF login and password; click on Run Report; enter your PACER login and password; and click on the DOCUMENT NUMBER hyperlink.. (ef) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

PACER
69

MOTION for Discovery --to Schedule Rule 26 Conference and Other Related Deadlines by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
70

MEMORANDUM IN SUPPORT of 69 MOTION for Discovery --to Schedule Rule 26 Conference and Other Related Deadlines by Plaintiffs Aid for Women, Teri Augustus, Margot Breckbill, Tracy Cowles, Willow Eby, Vicki Epp, Margaret Estrin (Shaneyfelt, Laura) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
71

MEMORANDUM AND ORDER denying 45 Motion for Judgment, denying 47 Motion to Strike, denying 65 Motion to Certify, granting 4 Motion for Preliminary Injunction . Signed by Judge J. Thomas Marten on 7/26/04. (rt) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

Clearinghouse
72

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 9/8/2004 at 01:30 PM by telephone before Magistrate Donald W. Bostwick. Report of Parties Planning Meeting deadline 9/2/2004. See attached Order for details. Signed by Magistrate Judge Donald W. Bostwick on 7/28/04. (aw) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

PACER
73

ORDER granting 69 Motion for Discovery. Scheduling Conference has been set. Signed by Magistrate Judge Donald W. Bostwick on 8/6/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Bostwick) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
74

NOTICE OF INTERLOCUTORY APPEAL as to 71 Order on Motion for Judgment, Order on Motion to Strike, Order on Motion to Certify, Order on Motion for Preliminary Injunction by Defendant Nola Foulston (Phillips, Stephen) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

PACER

APPEAL FEE PAID in the amount of $255.00 Receipt No. 048120 re Notice of Interlocutory Appeal 74 filed by Nola Foulston (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (sal)

Aug. 17, 2004

Aug. 17, 2004

PACER
75

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 74 Notice of Interlocutory Appeal (Main Document: Preliminary Letter to 10CCA; Attachments: # 1 Preliminary Letter to Counsel; # 2 Notice of Appeal; # 3 Docket Sheet; # 4 Transcript Order Form; # 5 Docketing Statement Instructions; # 6 Docketing Statement Form; # 7 10CCA Letter to Counsel; # 8 FAQ's)(vlw) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

PACER
76

CERTIFICATE OF COMPLIANCE by Plaintiffs Aid for Women, Teri Augustus, Margot Breckbill, Tracy Cowles, Willow Eby, Vicki Epp, Margaret Estrin, Herbert Hodes, Traci Nauser, Colleen O'Donnel, Staci Morgan, Beth McGilley, Trina Wheeler, Sherman Zaremski. (Shaneyfelt, Laura) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
77

MOTION to Amend Complaint re 18 Amended Complaint by Plaintiff Aid for Women (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Shaneyfelt, Laura) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
78

MEMORANDUM IN SUPPORT of 77 MOTION to Amend Complaint re 18 Amended Complaint by Plaintiff Aid for Women (Shaneyfelt, Laura) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
81

APPEAL DOCKETED in 10CCA on 8/23/04 and assigned Appeal No. 04-3310 re 74 Notice of Interlocutory Appeal filed by Nola Foulston. (vlw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
82

RECEIPT FROM 10CCA of Preliminary Record on Appeal re 74 Notice of Interlocutory Appeal; Appeal No. 04-3310 (vlw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
83

TRANSCRIPT ORDER FORM stating necessary transcript already on filed in District Court; filed by Nola Foulston re 74 Notice of Interlocutory Appeal (vlw) (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

PACER
79

CERTIFICATE OF COMPLIANCE by Defendant Nola Foulston. (Phillips, Stephen) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

PACER
80

MOTION to Withdraw as Attorney by Defendant Nola Foulston (Phillips, Stephen) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

PACER
84

ORDER granting 80 Motion to Withdraw as Attorney. Attorney Stephen D. Maxwell and Stephen O. Phillips terminated. Signed by Magistrate Judge Donald W. Bostwick on 8/27/2004. (Bostwick) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PACER
85

LETTER TO 10CCA stating record is complete for purposes of appeal re 74 Notice of Interlocutory Appeal. Transcript is already on filed in U.S. District Court (Appeal No. 04-3310) (vlw) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

PACER
86

ENTRY OF APPEARANCE by William Scott Hesse on behalf of Nola Foulston. (Hesse, William) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

PACER

Minute Entry for proceedings held before Magistrate Judge Donald W. Bostwick : Scheduling Conference held on 9/8/2004 (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (aw)

Sept. 8, 2004

Sept. 8, 2004

PACER
87

SCHEDULING ORDER: Discovery deadline 4/8/2005. Dispositive motion deadline set for 6/13/2005. Proposed Pretrial Order due by 5/3/2005. Court Trial (first alternate)set for 12/6/2005 at 9:00 a.m. before District Judge J. Thomas Marten. Final Pretrial Conference set for 5/10/2005 at 01:30 PM before Magistrate Donald W. Bostwick. Telephone Status Conference set for 1/19/2005 at 10:00 AM before Magistrate Donald W. Bostwick. See attached Order for details. Signed by Magistrate Judge Donald W. Bostwick on 09/08/04. (aw) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

PACER
88

CERTIFICATE OF SERVICE by Aid for Women --Plaintiff's First Set of Document Requests (Shaneyfelt, Laura) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER
89

*** PLEADING STRICKEN FILED IN ERROR CORRECTED ENTRY DE 90*** CERTIFICATE OF SERVICE by Aid for Women --Plaintiffs' First Set of Interrogatories (Shaneyfelt, Laura) Modified on 9/15/2004 (ef). (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER
90

CERTIFICATE OF SERVICE by Aid for Women Plaintiffs' Corrected Certificate of Service of First Set of Interrogatories (Shaneyfelt, Laura) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER

DOCKET ANNOTATION: Pleading stricken filed in error. Corrected entry DE 90 89 Certificate of Service filed by Aid for Women (ef)

Sept. 15, 2004

Sept. 15, 2004

PACER
91

NOTICE of Plaintiffs' Intent to Serve A Subpoena on a Non-Party by Aid for Women (Attachments: # 1)(Shaneyfelt, Laura) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
92

NOTICE of Plaintiffs' Intent to Serve Subpoena on Non-Party by Aid for Women (Shaneyfelt, Laura) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER
93

NOTICE of Plaintiffs' Intent to Serve Subpoena on Non-Party by Aid for Women (Shaneyfelt, Laura) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER
94

NOTICE of Plaintiffs' Notice of Intent to Serve Subpoena on Non-Party by Aid for Women (Shaneyfelt, Laura) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Oct. 3, 2003

Closing Date: Oct. 16, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A medical practice in Kansas and various other individuals with mandatory reporting obligations in the state of Kansas

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Kansas Attorneys General, State

Kansas District Attorneys (Wichita), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2006 - None

Issues

Reproductive rights:

Parental notification

Patient disclosure requirement

General:

Abortion

Confidentiality

Contraception

Counseling

Juveniles

Records Disclosure

Discrimination-area:

Medical Exam / Inquiry

Testing

Discrimination-basis:

Age discrimination

Pregnancy discrimination

Medical/Mental Health:

Hepatitis

HIV/AIDS

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