Case: Planned Parenthood of Kansas And Mid-Missouri Inc. v. Donnelly

2:07-cv-04164 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 20, 2007

Closed Date: July 1, 2010

Clearinghouse coding complete

Case Summary

This is a case about Missouri’s Ambulatory Surgical Center Licensing Law, which restricted access to abortion in the state of Missouri. On August 20, 2007, Planned Parenthood of Kansas and Mid-Missouri and a physician providing abortions for Planned Parenthood filed this lawsuit in the Western District of Missouri. Planned Parenthood sued the state of Missouri, Missouri Department of Health and Senior Services, Boone County, and Jackson County, MO under 42 U.S.C. § 1983. Represented by private …

This is a case about Missouri’s Ambulatory Surgical Center Licensing Law, which restricted access to abortion in the state of Missouri. On August 20, 2007, Planned Parenthood of Kansas and Mid-Missouri and a physician providing abortions for Planned Parenthood filed this lawsuit in the Western District of Missouri. Planned Parenthood sued the state of Missouri, Missouri Department of Health and Senior Services, Boone County, and Jackson County, MO under 42 U.S.C. § 1983. Represented by private counsel and the Planned Parenthood Federation of America, Planned Parenthood sought declaratory and injunctive relief as well as attorneys’ fees. They claimed that the Missouri law, which required that abortion providers — even those providing only non-surgical abortions — be licensed as ambulatory surgical centers, violated patients’ right to privacy under the Fourteenth Amendment by unlawfully restricting access to abortion. Upon filing, this case was assigned to Judge Ortrie D. Smith.

Planned Parenthood asked the court to issue a preliminary injunction enjoining Missouri from enforcing the law. The court granted a temporary restraining order one week later, with Judge Ortrie reasoning that Planned Parenthood had a significant likelihood of success on the merits of their lawsuit, and would suffer irreparable harm if the law were to go into effect. An individual physician who provided non-surgical and surgical first-trimester abortions without needing to obtain an ambulatory surgical center license filed a motion to intervene in the lawsuit, which Judge Ortrie granted. The plaintiffs then filed an amended complaint the next day, on September 7, 2007.

On September 10, 2007, Judge Ortrie heard oral arguments on the plaintiffs' motion for a preliminary injunction, before granting the preliminary injunction on September 24, 2007. Judge Ortrie found that Missouri’s law was likely unconstitutional under the Fourteenth Amendment as it would place an undue burden on individuals seeking abortions, the standard established by the Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833,.

Discovery continued and the case was scheduled for a trial in June 2011. Before proceeding to trial, the parties reached a settlement, and on July 1, 2010, Judge Ortrie dismissed the lawsuit with prejudice. The settlement allowed the plaintiffs to continue practicing without requiring compliance with the regulations that would require them to construct new facilities. Instead, the facilities were grandfathered into the new regulations, and the plaintiff physician was permitted to continue providing abortions. The case is now closed.

Summary Authors

Jane Fisher (5/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4742837/parties/planned-parenthood-of-kansas-and-mid-missouri-inc-v-donnelly/

Documents in the Clearinghouse

Document
1

[Untitled]

Aug. 20, 2007 None
26

[Untitled]

Aug. 27, 2007 None
47

[Untitled]

Sept. 7, 2007 None
74

[Untitled]

Sept. 24, 2007 None

Resources

Title Description External URL

Planned Parenthood of Kansas and Mid-Missouri, Inc and Dr. Allen Palmer, v. Jane Drummond, et al.

Center for Reproductive Rights

This case is a challenge to a new TRAP law requiring first trimester abortion providers (including providers of only medication abortions) to become licensed as ambulatory surgical centers (ASCs) and… https://reproductiverights.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4742837/planned-parenthood-of-kansas-and-mid-missouri-inc-v-donnelly/

Last updated May 17, 2022, 1:59 p.m.

ECF Number Description Date Link
1

COMPLAINT against Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar (Filing fee $350 receipt number 1587170) Service due by 12/21/2007. filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit A - Missouri HB 1055# 2 Exhibit B - Governor's Column# 3 Exhibit C - Article, Baptists Rejoice# 4 Notice of Exhibit Attachment Exhibit D# 5 Exhibit E - Mo Code Regs)(Benson, Arthur) Additional attachment(s) added on 8/22/2007 (Richardson, Glenda). Modified on 3/1/2010 to reflect receipt of paper exhibits in JC Clerk's Office (Russel, Jeri). (Entered: 08/20/2007)

Aug. 20, 2007 RECAP
2

MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/7/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
3

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/7/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
4

AFFIDAVIT re 1 Complaint, 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion Declaration of Peter Brownlie by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit 1 - July 18, 2007 letter# 2 Exhibit 2 - July 31, 2007 Letter# 3 Exhibit 3 - Brous Application# 4 Exhibit 4 - Columbia Waiver Application)(Related document(s) 1, 2 ) (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
5

Motion to allow Roger Evans to appear pro hac vice (Pro Hac fee $50 receipt number 1587268) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
6

Motion to allow Eve Gartner to appear pro hac vice (Pro Hac fee $50 receipt number 1587276) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
7

ORDER entered by Judge Nanette Laughrey granting 3 Plaintiff's Motion for Leave to File Excess Pages. (Text entry only - no document attached) (Kanies, Renea) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
8

SUGGESTIONS in support re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Arthur A. Benson on behalf of Plaintiff Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit A - Order, September 16, 2005, No. 05-4296-CV-C-NKL# 2 Exhibit B - Bench Opinion, No. 3:96CV596BN, part 1# 3 Exhibit B - Bench Opinionm No. 3:96CV596BN, Part 2)(Related document(s) 2 ) (Benson, Arthur) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
9

LETTER OF REASSIGNMENT from Judge Nanette K. Laughrey to Judge Ortrie D. Smith. (Price, Jackie) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
10

ORDER granting 5 motion to appear pro hac vice approved by Clerk of Court. Attorney Eve Gartner & Roger K. Evans for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
11

NOTICE of filing by Jay Nixon Entry of Appearance (Pritchett, Michael) (Entered: 08/21/2007)

Aug. 21, 2007 PACER
12

NOTICE of appearance by Kevin H. Theriot on behalf of Jane Drummond (Theriot, Kevin) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
13

Motion to allow Dale Schowengerdt to appear pro hac vice (Pro Hac fee $50 receipt number 1589212) filed by Kevin H. Theriot on behalf of Jane Drummond. (Attachments: # 1 Exhibit List of jurisdictions)(Theriot, Kevin) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
14

ORDER setting hearing on motion 2 MOTION for preliminary injunction. Motion Hearing set for Thursday, 8/23/2007 02:30 PM in Courtroom 8C, Kansas City (ODS) before Judge Ortrie Smith. Signed by Judge Ortrie D. Smith on 08/22/2007. (Will-Fees, Eva) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
15

ORDER granting 13 motion to appear pro hac vice approved by Clerk of Court. Attorney Dale Schowengerdt for Jane Drummond allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
22

Minute Entry. Proceedings held before Judge Ortrie D. Smith : MOTION HEARING held on 8/23/2007 re 2 MOTION for preliminary injunction. (Court Reporter Cynthia Johnson.) (Will-Fees, Eva) (Entered: 08/27/2007)

Aug. 23, 2007 PACER
23

EXHIBIT INDEX by Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar. (Kee, Georgia) (Entered: 08/27/2007)

Aug. 23, 2007 PACER
24

EXHIBIT INDEX by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Kee, Georgia) (Entered: 08/27/2007)

Aug. 23, 2007 PACER
16

NOTICE of filing by Jane Drummond Entry of Appearance (Pritchett, Michael) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
17

NOTICE of appearance by Emily A. Dodge on behalf of Jane Drummond, Jay Nixon (Dodge, Emily) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
18

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion on behalf of Defendant Jane Drummond filed by Kevin H. Theriot on behalf of Defendant Jane Drummond. Reply suggestions due by 9/10/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit Planned Parenthood Fact Sheet# 2 Exhibit World Health Organization Guidelines# 3 Exhibit National Abortion Federation Guidelines)(Related document(s) 2 ) (Theriot, Kevin) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
19

AFFIDAVIT re 18 Suggestions in Opposition to Motion,, of Dean Linneman by Jane Drummond. (Related document(s) 18 ) (Theriot, Kevin) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
20

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Michael Pritchett on behalf of Defendants Jane Drummond, Jay Nixon. Reply suggestions due by 9/10/2007 unless otherwise directed by the court (Related document(s) 2 ) (Pritchett, Michael) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
21

MOTION for leave to file excess pages filed by Kevin H. Theriot on behalf of Jane Drummond. Suggestions in opposition/response due by 9/10/2007 unless otherwise directed by the court. (Theriot, Kevin) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
25

NOTICE of filing by Jane Drummond Regarding Representation (Theriot, Kevin) (Entered: 08/27/2007)

Aug. 27, 2007 PACER
26

ORDER and OPINION granting 2 Temporary Restraining Order. Preliminary Injunction Hearing set Monday, 09/10/2007 at 9:00 a.m. Signed by Judge Ortrie D. Smith on 08/27/2007. (Will-Fees, Eva) (Entered: 08/27/2007)

Aug. 27, 2007 RECAP
27

MOTION to intervene filed by Teresa A. Woody on behalf of Allen Palmer. Suggestions in opposition/response due by 9/13/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A - Intervenor Complaint# 2 Exhibit Exhibits to Intervenor Complaint# 3 Exhibit B - Motion for TRO# 4 Exhibit C - TRO Suggestions# 5 Exhibit D - Declaration of Allen Palmer, D.O.# 6 Exhibit E - Declaration of Constance Y. Vogler)(Woody, Teresa) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
28

SUGGESTIONS in support re 27 MOTION to intervene filed by Teresa A. Woody on behalf of Intervenor Plaintiff Allen Palmer. (Related document(s) 27 ) (Woody, Teresa) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
29

ORDER setting hearing on motion 27 MOTION to intervene : Motion Hearing set for 8/31/2007 10:00 AM in Courtroom 8C, Kansas City (ODS) before Judge Ortrie Smith. Signed by Judge Ortrie D. Smith on 08/29/2007. (Wolfe, Steve) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
30

Motion to allow Bonnie Jones to appear pro hac vice (Pro Hac fee $50 receipt number 26008) filed by Teresa A. Woody on behalf of Allen Palmer. (Woody, Teresa) (Entered: 08/30/2007)

Aug. 30, 2007 PACER
31

Motion to allow Janet Crepps to appear pro hac vice (Pro Hac fee $50 receipt number 260007) filed by Teresa A. Woody on behalf of Allen Palmer. (Woody, Teresa) (Entered: 08/30/2007)

Aug. 30, 2007 PACER
32

ORDER granting 30 31 motions to appear pro hac vice approved by Clerk of Court. Attorneys Janet L. Crepps & Bonnie S. Jones for Allen Palmer allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/30/2007)

Aug. 30, 2007 PACER
33

NOTICE of appearance by John L Patton on behalf of Daniel Knight (Patton, John) (Entered: 08/30/2007)

Aug. 30, 2007 PACER
34

ANSWER to Complaint filed by John L Patton on behalf of Defendant Daniel Knight.(Patton, John) (Entered: 08/30/2007)

Aug. 30, 2007 PACER
63

TRANSCRIPT of Hearing on TRO held on August 23, 2007 before Judge Ortrie Smith. Court Reporter: Cynthia Johnson. (Russel, Jeri) (3 Part transcript added on 3/2/2010: # 1 Part 2, # 2 Part 3) (Russel, Jeri). Modified on 3/2/2010 (Russel, Jeri). (Entered: 09/12/2007)

Aug. 30, 2007 PACER
35

SUGGESTIONS in opposition re 27 MOTION to intervene filed by Kevin H. Theriot on behalf of Defendant Jane Drummond. Reply suggestions due by 9/17/2007 unless otherwise directed by the court (Related document(s) 27 ) (Theriot, Kevin) (Entered: 08/31/2007)

Aug. 31, 2007 PACER
37

Minute Entry. Proceedings held before Judge Ortrie D. Smith : MOTION HEARING held on 8/31/2007 re 27 MOTION to intervene filed by Allen Palmer and Motion for Tempoary Restraining Order. (Court Reporter Donna Turner.) (McIlvain, Kelly) Additional attachment(s) (exhibit index) added on 9/5/2007 (Kee, Georgia). (Entered: 09/05/2007)

Aug. 31, 2007 PACER
36

TRANSCRIPT of Hearing on Intervenor's Motion for Temporary Restraining Order held on August 31, 2007 before Judge Ortrie D. Smith. Court Reporter: Donna M. Turner. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Baldwin, Joella) (Additional attachment(s) added on 3/3/2010: # 1 Part 2, # 2 Part 3) (Russel, Jeri). (Entered: 09/05/2007)

Sept. 5, 2007 PACER
38

ORDER and OPINION granting 27 motion to intervene and for Temporary Restraining Order. Signed by Judge Ortrie D. Smith on 09/06/2007. (Will-Fees, Eva) (Entered: 09/06/2007)

Sept. 6, 2007 RECAP
39

Motion to allow Jennifer Sandman to appear pro hac vice (Pro Hac fee $50 receipt number 1598708) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 09/06/2007)

Sept. 6, 2007 PACER
40

MOTION to amend/correct filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
41

ORDER granting 39 motion to appear pro hac vice approved by Clerk of Court. Attorney Jennifer Sandman for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Russel, Jeri) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
42

AFFIDAVIT Brownlie, Peter by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
43

ORDER granting 40 motion to amend the Complaint. Signed by Judge Ortrie D. Smith on 09/07/2007. (Will-Fees, Eva) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
44

AMENDED COMPLAINT against all defendants filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc..(Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
45

MOTION for leave to file excess pages filed by Teresa A. Woody on behalf of Allen Palmer. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Woody, Teresa) (Entered: 09/07/2007)

Sept. 7, 2007 PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/7/07 as Document No. 44, AMENDED COMPLAINT. The document has been deleted as the incorrect document was filed. Counsel will refile the correct document. This is a text entry only - no document is attached. (Kee, Georgia)

Sept. 7, 2007 PACER
46

ORDER granting 45 motion for leave to file excess pages. Signed by Judge Ortrie D. Smith on 09/07/2007. (Will-Fees, Eva) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
47

AMENDED COMPLAINT against all defendants filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc..(Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 RECAP
48

Intervenor COMPLAINT Drummond & Nixon Service due by 1/10/2008. filed by Teresa A. Woody on behalf of Allen Palmer. (Attachments: # 1 Exhibit Exhibits A-C)(Woody, Teresa) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
49

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion, 27 MOTION to intervene filed by Dale Schowengerdt on behalf of Defendant Jane Drummond. Reply suggestions due by 9/24/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit Comparison of Standardized Guidelines# 2 Exhibit NAF Guidelines# 3 Exhibit Planned Parenthood Manual# 4 Exhibit WHO Safe Abortion Guidelines# 5 Exhibit ACOG Guidelines# 6 Exhibit AIA Guidelines# 7 Exhibit Gary and Harrison Article# 8 Exhibit U.S. House Staff Report# 9 Exhibit Miech Article# 10 Exhibit FDA Mifeprex Q & A# 11 Exhibit FDA Mifeprex Label# 12 Exhibit FDA Mifeprex Medication Guide# 13 Exhibit AIA Outpatient Facilities Guidelines)(Related document(s) 2, 27 ) (Schowengerdt, Dale) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
50

MOTION for leave to file excess pages filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
51

MOTION for leave to file excess pages (Brief) filed by Emily A. Dodge on behalf of Jane Drummond, Jay Nixon. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Attachments: # 1 Brief# 2 Exhibit A# 3 Exhibit B)(Dodge, Emily) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
52

SUGGESTIONS in support re 27 MOTION to intervene for Preliminary Injunction filed by Teresa A. Woody on behalf of Intervenor Plaintiff Allen Palmer. (Related document(s) 27 ) (Woody, Teresa) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
53

ORDER granting 50 motion for leave to file excess pages; granting 51 motion for leave to file excess pages; waiving page limitation for documents filed September 7, 2007. Signed by Judge Ortrie D. Smith on 09/07/2007. (Todd, Lindsay) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
54

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Supplemental Suggestions in Support of Motion for a Preliminary Injunction (Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
55

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
56

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. re 54 Notice of filing Chart of Regulations, Attachment to Supplemental Suggestions (Benson, Arthur) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
57

MOTION to strike Brief filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/08/2007)

Sept. 8, 2007 PACER
58

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Motion for Abstention (Benson, Arthur) (Entered: 09/08/2007)

Sept. 8, 2007 PACER
59

NOTICE of filing by Allen Palmer re 52 Suggestions in Support of Motion Appendix to Suggestions Palmer Chart (Crepps, Janet) (Entered: 09/09/2007)

Sept. 9, 2007 PACER
60

Minute Entry. Proceedings held before Judge Ortrie D. Smith : PRELIMINARY INJUNCTION HEARING held on 9/10/2007. (Court Reporter Cynthia Johnson.) (Will-Fees, Eva) (Entered: 09/11/2007)

Sept. 10, 2007 PACER
61

EXHIBIT INDEX by Planned Parenthood of Kansas And Mid-Missouri Inc., Allen Palmer. (Kee, Georgia) (Entered: 09/11/2007)

Sept. 10, 2007 PACER
62

EXHIBIT INDEX by Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar. (Kee, Georgia) (Entered: 09/11/2007)

Sept. 10, 2007 PACER
64

NOTICE of filing by Allen Palmer re 58 Notice of filing Motion for Abstention and Suggestions (Woody, Teresa) (Entered: 09/13/2007)

Sept. 13, 2007 PACER
65

NOTICE of filing by Jane Drummond re 64 Notice of filing, 58 Notice of filing Suggestions in Opposition to Plaintiffs' Motions for Abstention (Schowengerdt, Dale) (Entered: 09/17/2007)

Sept. 17, 2007 PACER
66

NOTICE of filing by Jane Drummond, Jay Nixon State Defendants' Opposition to Both Plaintiffs' Motions for Pullman Abstention Witn an England Reservation of Rights (Pritchett, Michael) (Entered: 09/17/2007)

Sept. 17, 2007 PACER
67

TRANSCRIPT of Preliminary Injunction Hearing held on September 10, 2007 before Judge Ortrie D. Smith. Court Reporter: Cynthia M. Johnson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Beard, Melanie) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
68

NOTICE of filing by Allen Palmer Further Suggestions in Support of Motion for Abstention (Woody, Teresa) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
69

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 10/4/2007 unless otherwise directed by the court. (Benson, Arthur) Additional attachment(s) added on 9/20/2007 (James, Carrie). (Entered: 09/19/2007)

Sept. 19, 2007 PACER
70

Document no. 70 has been deleted and refiled as an attachment to document 69. Originally filed as NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Reply in Support of Motion for Abstention ( (Entered: 09/19/2007)

Sept. 19, 2007 PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/19/07 as Document No. 70, Notice of Filing. The document has been deleted as the motion for leave to file the document has not been granted. This is a text entry only - no document is attached. (James, Carrie)

Sept. 20, 2007 PACER
71

ORDER granting 69 motion for leave to file excess pages Signed by Judge Ortrie D. Smith on 09/21/2007. (Todd, Lindsay) (Entered: 09/21/2007)

Sept. 21, 2007 PACER
72

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Reply Suggestions in Support of Abstention Motion (Benson, Arthur) (Entered: 09/21/2007)

Sept. 21, 2007 PACER
73

SUGGESTIONS in opposition re 57 MOTION to strike Brief filed by Dale Schowengerdt on behalf of Defendant Jane Drummond. Reply suggestions due by 10/12/2007 unless otherwise directed by the court (Related document(s) 57 ) (Schowengerdt, Dale) (Entered: 09/24/2007)

Sept. 24, 2007 PACER
74

ORDER and OPINION granting Plalintiffs' Motions for Preliminary Injunction(Docs. #54 & 52) and denying Plaintiffs' Motions for Pullman Abstention(Docs. #58 & 64). Signed by Judge Ortrie D. Smith on 09/24/2007. (Will-Fees, Eva) (Entered: 09/24/2007)

Sept. 24, 2007 RECAP
75

Rule 16 Noticeproposed scheduling order due by 11/19/2007, rule 26 conference due by 11/9/2007. Signed by Judge Ortrie D. Smith on 09/25/2007. (Will-Fees, Eva) (Entered: 09/25/2007)

Sept. 25, 2007 PACER
76

Motion to allow Helene Krasnoff to appear pro hac vice (Pro Hac fee $50 receipt number 260731) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 10/10/2007)

Oct. 10, 2007 PACER
77

DISCLOSURE OF CORPORATE INTERESTS filed by Jennifer Sandman on behalf of Plaintiff Planned Parenthood of Kansas And Mid-Missouri Inc..(Sandman, Jennifer) (Entered: 10/10/2007)

Oct. 10, 2007 PACER
78

ORDER granting 76 motion to appear pro hac vice approved by Clerk of Court. Attorney Helene T. Krasnoff for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Unassigned on 10/11/07. (James, Carrie) (Entered: 10/11/2007)

Oct. 11, 2007 PACER
79

Joint MOTION for extension of time for Filing of Joint Proposed Scheduling Order and for Rule 26(f) Conference filed by Jennifer Sandman on behalf of all parties. Suggestions in opposition/response due by 11/1/2007 unless otherwise directed by the court. (Sandman, Jennifer) (Entered: 10/16/2007)

Oct. 16, 2007 PACER
80

ORDER granting 79 motion for extension of time. Rule 26(f) conference shall take place no later than 01/09/2008 and Proposed Plan filed on or before 01/21/2008. Signed by Judge Ortrie D. Smith on 10/17/2007. (Will-Fees, Eva) (Entered: 10/17/2007)

Oct. 17, 2007 PACER
81

Consent MOTION for extension of time for waiver negotiations filed by Jennifer Sandman on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 11/8/2007 unless otherwise directed by the court. (Sandman, Jennifer) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
82

ORDER granting 81 motion for extension of time. Signed by Judge Ortrie D. Smith on 10/23/2007. (Will-Fees, Eva) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
83

WAIVER OF SERVICE returned unexecuted as to Planned Parenthood of Kansas and Mid-Missouri and Intervenor Dr. Allen Palmer, filed by Jay Nixon. (Pritchett, Michael) (Entered: 11/13/2007)

Nov. 13, 2007 PACER
84

ORDER denying 57 motion to strike. Signed by Judge Ortrie D. Smith on 11/14/2007. (Will-Fees, Eva) (Entered: 11/14/2007)

Nov. 14, 2007 PACER
85

MOTION for extension of time for waiver/deviation negotiations with Intervenor-Plaintiff Dr. Palmer filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
86

WAIVER OF SERVICE returned unexecuted as to Planned Parenthood of Kansas and Mid-Missouri and Intervenor Dr. Allen Palmer, filed by Jane Drummond. (Schowengerdt, Dale) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
87

MOTION for extension of time "Consent Motion to Extend Schedule for Waiver/Deviation Negotiations with Plaintiff Palmer" filed by Michael Pritchett on behalf of Jane Drummond, Jay Nixon. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Pritchett, Michael) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
88

ORDER granting 85 87 motions to extend schedule Signed by Judge Ortrie D. Smith on 11/19/2007. (Todd, Lindsay) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
89

ANSWER to Amended Complaint filed by John L Patton on behalf of Defendant Daniel Knight.(Patton, John) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
90

Defendant Jane Drummond's ANSWER to Amended Complaint of Planned Parenthood of Kansas and Mid-Missouri filed by Dale Schowengerdt on behalf of Defendant Jane Drummond.(Schowengerdt, Dale) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
91

Defendant Jane Drummond's ANSWER to Intervenor Complaint of Dr. Allen Palmer filed by Dale Schowengerdt on behalf of Defendant Jane Drummond.(Schowengerdt, Dale) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
92

STATE DEFENDANTS ANSWER to Amended Complaint OF PLANNED PARENTHOOD filed by Michael Pritchett on behalf of Defendant Jay Nixon.(Pritchett, Michael) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
93

STATE DEFENDANTS' ANSWER toIntervenor Complaint of Dr. Allen Palmer filed by Michael Pritchett on behalf of Defendant Jay Nixon.(Pritchett, Michael) Modified on 12/17/2007 to correct docket text (Bax, Laura). (Entered: 12/14/2007)

Dec. 14, 2007 PACER
94

Consent MOTION for extension of time for Waiver/Deviation Negotiations, Rule 26(f) Conference, and Proposed Discivery Plan filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 1/7/2008 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
95

ORDER granting 94 motion for extension of time. Ruel 26(f) conference shall take place no later than 03/07/2008 and Proposed Plan filed on or before 03/19/2008. Signed by Judge Ortrie D. Smith on 12/27/2007. (Will-Fees, Eva) (Entered: 12/27/2007)

Dec. 27, 2007 PACER
96

MOTION for leave to file Answer to First Amended Complaint filed by Arthur A. Hogg on behalf of James F Kanatzar. Suggestions in opposition/response due by 2/26/2008 unless otherwise directed by the court. (Hogg, Arthur) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
97

ORDER granting 96 motion for leave to file Answer on or before 02/15/2008. Signed by District Judge Ortrie D. Smith on 02/12/2008. (Will-Fees, Eva) (Entered: 02/12/2008)

Feb. 12, 2008 PACER
98

Defendant Kanatzar's ANSWER to 47 Amended Complaint filed by Arthur A. Hogg on behalf of Defendant James F Kanatzar.(Hogg, Arthur) (Entered: 02/12/2008)

Feb. 12, 2008 PACER

State / Territory: Missouri

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Aug. 20, 2007

Closing Date: July 1, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Kansas and Mid-Missouri, an abortion provider in the state of Missouri, as well as an individual physician who provided abortions in the state.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Time-based abortion prohibition

Licensing restriction

Medication abortion

Facility requirements

Undue Burden

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

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