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

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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 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.

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Summary Authors

Betsy Sheppard (7/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4640996/parties/aid-for-women-v-foulston/

Judge(s)

Marten, John Thomas (Kansas)

Judge(s)

Marten, John Thomas (Kansas)

Attorney Contact Information via CourtListener

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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 327 F.Supp.2d 327
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 427 F.Supp.2d 427
490 6:03-cv-01353	Order U.S. Court of Appeals for the Tenth Circuit	Sept. 18, 2007	Sept. 18, 2007 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Aid for Women v. Foulston Center for Reproductive Rights	The Center for Reproductive Rights brought this suit on behalf of a diverse group of healthcare and counseling professionals who work with teens, and who sought to protect those teens’ privacy and ac…	Oct. 3, 2003	Oct. 3, 2003 https://reproductiverights.org/...

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Docket

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

Last updated Feb. 26, 2024, 3 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