Case: K.P. v. LeBlanc

3:07-cv-00879 | U.S. District Court for the Middle District of Louisiana

Filed Date: Nov. 16, 2007

Closed Date: Oct. 8, 2013

Clearinghouse coding complete

Case Summary

This case challenged a Louisiana law that subjected abortion providers to strict liability for harm to a patient that occurred during an abortion procedure, in contravention of the state’s general medical malpractice laws. On November 16, 2007, the plaintiffs—a healthcare facility that provided abortion care and two physicians who provided abortion care at the healthcare facility—sued the executive director and other members of the Louisiana Patients’ Compensation Fund Oversight Board in their …

This case challenged a Louisiana law that subjected abortion providers to strict liability for harm to a patient that occurred during an abortion procedure, in contravention of the state’s general medical malpractice laws. On November 16, 2007, the plaintiffs—a healthcare facility that provided abortion care and two physicians who provided abortion care at the healthcare facility—sued the executive director and other members of the Louisiana Patients’ Compensation Fund Oversight Board in their official capacities. The suit was brought under 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Louisiana. The plaintiffs challenged La. Rev. Stat § 9:800.12 on Fourteenth Amendment grounds, arguing that the statute subjected abortion providers to vague standards and an undue burden in violation of the Due Process Clause, unconstitutional differential treatment with respect to Louisiana’s general medical malpractice laws (La. Rev. Stat. §§ 40:1299.41-49) without any rational basis, and right to privacy violations. The plaintiffs requested declaratory and injunctive relief from the alleged constitutional deprivations. The case was initially assigned to Chief Judge Ralph E. Tyson, and later reassigned to Judge Helen G. Berrigan.

The plaintiffs filed an amended complaint on January 4, 2018. Judge Tyson granted defendants' motion to dismiss this amended complaint at oral argument on August 26, 2009 based on the defendants’ Eleventh Amendment immunity. Plaintiffs appealed to the U.S. Court Appeals for the Fifth Circuit, which reversed the dismissal, holding that the defendants lacked Eleventh Amendment immunity and plaintiffs had standing to sue under Article III. 627 F.3d 115.

Back in the district court, both plaintiffs and defendants filed motions for summary judgment. On September 2, 2011, the case was reassigned to Judge Berrigan. On February 22, 2012, Judge Berrigan granted defendants’ motion for summary judgment and denied plaintiffs’ cross-motion for partial summary judgment regarding one portion of the statute, Act 950, which excluded abortion providers from coverage under general Louisiana medical malpractice laws. The court did not agree with plaintiffs’ argument regarding Act 950’s vagueness regarding the term “viable” as applied to lawfully performed abortions, instead finding that the plaintiffs’ “feared interpretation” of the act did not derive from the clear language of the statute, but rather the “periphery of the legislative process leading to the enactment” of the statute. Because defendants stated that they did not intend to interpret the statute to apply to lawful abortions, the statute’s clear wording did not create constitutional concern. Thus, plaintiffs had not raised a “case of actual controversy” for purposes of the Declaratory Judgment Act regarding Act 950.

A few weeks later, however, Judge Berrigan granted plaintiffs’ partial cross-motion for summary judgment with respect to Act 825, the medical malpractice provision for abortion providers which provided less coverage than Louisiana’s general medical malpractice laws. 2012 WL 701174. The court found the provision unconstitutionally vague, citing the impossibility of figuring out what conduct would incur liability under the act. The court also found that Act 825 amounted to an undue burden in violation of the Due Process Clause of the Fourteenth Amendment, as well as unconstitutional differential treatment without rational basis under the Equal Protection Clause. Defendants argued that “mere exposure to a lawsuit cannot be considered an undue burden,” that plaintiffs were able to buy insurance, and that plaintiffs had suffered no injury. The court found otherwise, noting that if the act were to go into effect, it “undoubtably would drive Louisiana’s qualified and responsible abortion providers out of business, thereby imposing an undue burden on a woman’s right to seek an abortion” by setting a standard which no physician could meet.

On the equal protection question, the court held that Act 825 treated abortion providers differently than all other medical providers by excluding them from legal and financial protection against medical malpractice, as well as by imposing a unique form of strict liability upon them, without rationally furthering any legitimate state interest. The court thus ordered permanent injunctive relief against Act 825’s enforcement on March 12, 2012.

Defendants appealed to the U.S. Court of Appeals for the Fifth Circuit. 729 F.3d 427. On September 4, 2013, the Fifth Circuit reversed the district court’s judgment regarding Act 825, holding: (1) the act did not impose an undue burden in violation of the Due Process Clause because it did not place a “substantial obstacle” in the way of a woman’s right to obtain an abortion; (2) it was rationally related to the promotion of informed consent in Louisiana, a legitimate government interest, and thus did not violate the Equal Protection Clause; and (3) the plaintiffs lacked standing to pursue a void-for-vagueness claim because defendants were not charged with enforcing the act, so declaratory or injunctive relief would not redress the plaintiffs’ injury. Based on the Fifth Circuit’s opinion, the judgment of the District Court was reversed in part, vacated in part and dismissed for want of jurisdiction in part. No subsequent appeals were filed.

The case is now closed.

Summary Authors

Zoe Goldstein (3/16/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4798386/parties/kp-v-leblanc/


Judge(s)

Tyson, Ralph E. (Louisiana)

Attorney for Plaintiff

Jones, Bonnie Scott (Louisiana)

Rittenberg, William E. (Louisiana)

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Documents in the Clearinghouse

Document
1

3:07-cv-00879

Complaint

Nov. 16, 2007

Nov. 16, 2007

Complaint
14

3:07-cv-00879

First Amended Complaint

Jan. 4, 2008

Jan. 4, 2008

Complaint
73

3:07-cv-00879

Oral Argument

Sept. 8, 2009

Sept. 8, 2009

Transcript
75

3:07-cv-00879

Order of Dismissal

Sept. 29, 2009

Sept. 29, 2009

Order/Opinion
81

12-30456

MANDATE of USCA as to 76 Notice of Appeal

U.S. Court of Appeals for the Fifth Circuit

Dec. 17, 2010

Dec. 17, 2010

Order/Opinion

627 F.3d 627

115

3:07-cv-00879

Order and Reasons

Feb. 22, 2012

Feb. 22, 2012

Order/Opinion

2012 WL 2012

116

3:07-cv-00879

Order and Reasons

March 1, 2012

March 1, 2012

Order/Opinion

2012 WL 2012

118

3:07-cv-00879

Final Judgment and Permanent Injunction

March 12, 2012

March 12, 2012

Order/Opinion
132

12-30456

Mandate Judgment of USCA as to Notice of Appeal

U.S. Court of Appeals for the Fifth Circuit

Sept. 4, 2013

Sept. 4, 2013

Order/Opinion

729 F.3d 729

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4798386/kp-v-leblanc/

Last updated Feb. 26, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 278594.), filed by K. P.. (Attachments: # 1 Civil coversheet# 2 Civil Summons# 3 Exhibits to Complaint)(Rittenberg, William) Additional attachment(s) added on 11/19/2007 (BP, ). (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

Clearinghouse
2

MOTION for Protective Order by K. P.. (Attachments: # 1 Declaration of K.P.# 2 Proposed Protective Order)(Rittenberg, William) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
3

MEMORANDUM in Support of 2 MOTION for Protective Order filed by K. P.. (Attachments: # 1 Attachment (Protective Order dated 10/31/06))(Rittenberg, William) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
4

MOTION for Bonnie Scott Jones to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 278598) by all plaintiffs. (Attachments: # 1 Declaration of Bonnie Scott Jones# 2 Certificate of Good Standing# 3 Proposed Order)(Rittenberg, William) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
5

MOTION for Stephanie Toti to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 278599) by all plaintiffs. (Attachments: # 1 Declaration of Stephanie Toti# 2 Certificate of Good Standing# 3 Proposed Order)(Rittenberg, William) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
6

Summons Issued as to Lorraine LeBlanc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BP, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
7

ORDER granting 4 Motion for Bonnie Scott Jones to Appear Pro Hac Vice. Signed by Judge Stephen C. Riedlinger on 11/19/207. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
8

ORDER granting 5 Motion for Stephanie Toti to Appear Pro Hac Vice. Signed by Judge Stephen C. Riedlinger on 11/19/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
9

90 DAY CONFERENCE ORDER: Scheduling Conference set for 3/6/2008 at 02:00 PM before Magistrate Judge Stephen C. Riedlinger. Status Report due by 2/21/2008. Signed by Judge Stephen C. Riedlinger on 11/20/07. (BP, ) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

PACER
10

PROTECTIVE ORDER granting 2 Motion for Protective Order. Signed by Judge Stephen C. Riedlinger on 11/28/07. (BP, ) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

PACER
11

CERTIFICATE OF SERVICE by K. P. (Toti, Stephanie) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
12

MOTION for Extension of Time to File Answer to 1 Complaint, by Lorraine LeBlanc. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
13

ORDER granting 12 Motion for Extension of Time to Answer 1 Complaint. Lorraine LeBlanc answer due 1/7/2008. Signed by Magistrate Judge Stephen C. Riedlinger on 12/17/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
14

AMENDED COMPLAINT against all defendants, filed by D. B., Hope Medical Group for Women, K. P.. (Attachments: # 1 Exhibit, # 2 Attachment Rule 7.1 Statement)(Toti, Stephanie) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

Clearinghouse
15

MOTION for Protective Order by K. P., D. B., Hope Medical Group for Women. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Toti, Stephanie) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
16

Corporate Disclosure Statement by Hope Medical Group for Women..no parent company named (PAH, ) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
17

CERTIFICATE OF SERVICE by K. P., D. B., Hope Medical Group for Women re 14 Amended Complaint, 16 Corporate Disclosure Statement, 15 MOTION for Protective Order (Toti, Stephanie) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
18

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Clark Cosse waiver sent on 12/14/2007, answer due 2/12/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
19

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Manuel DePascual waiver sent on 12/14/2007, answer due 2/12/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
20

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Joseph Donchess waiver sent on 12/4/2007, answer due 2/4/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
21

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Daniel Lennie waiver sent on 12/4/2007, answer due 2/4/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
22

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. William Schumacher waiver sent on 12/4/2007, answer due 2/4/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
23

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Dionne Viator waiver sent on 12/4/2007, answer due 2/4/2008. (Jones, Bonnie) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
24

ORDER granting 15 Motion for Protective Order. Signed by Magistrate Judge Stephen C. Riedlinger on 1/7/2008. (NLT, ) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
25

WAIVER OF SERVICE Returned Executed by K. P., D. B., Hope Medical Group for Women. Melanie Firman waiver sent on 12/4/2007, answer due 2/4/2008. (Jones, Bonnie) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
26

ANSWER to 14 Amended Complaint by Lorraine LeBlanc.(Jones, Carlton) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
27

MOTION to Dismiss by Daniel Lennie, Manuel DePascual, Clark Cosse, Melanie Firman, Vincent Culotta, William Schumacher, Joseph Donchess, Dionne Viator. (Attachments: # 1 Memorandum in Support)(Jones, Carlton) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

PACER
28

STATUS REPORT (Joint) by K. P., D. B., Hope Medical Group for Women. (Jones, Bonnie) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
29

SCHEDULING ORDER: All fact discovery shall be completed and motions to compel discovery due by 8/13/2008. Amended Pleadings due by 5/13/2008. Expert Witness List due by 8/13/2008 for pla and 9/12/08 for dfts. Expert Reports due by 8/13/2008 for pla and 9/12/08 for dfts Experts shall be deposed by 10/13/2008. Dispositive Motions shall be filed by 11/13/2008. The scheduling cnf set for 3/6/08 is cancelled. Signed by Magistrate Judge Stephen C. Riedlinger on 2/20/08. (BP, ) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
30

MEMORANDUM in Opposition to 27 MOTION to Dismiss filed by K. P., D. B., Hope Medical Group for Women. (Attachments: # 1 Certificate of Service)(Toti, Stephanie) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

PACER
31

There is no document for this entry. See document 32 for image. (Additional attachment(s) added on 3/28/2008: # 2 Main Document (corrected)) (BP, ). (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

PACER
32

MOTION for Janet Crepps to Appear Pro Hac Vice by K. P., D. B., Hope Medical Group for Women. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Service)(Rittenberg, William)(Filing fee $25.00, Receipt Number 053N0000000000313055) Modified on 3/28/2008 to add receipt number (BP, ). (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
33

MOTION for Michelle Movahed to Appear Pro Hac Vice by K. P., D. B., Hope Medical Group for Women. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Service)(Rittenberg, William) (Filing fee $25.00, Receipt Number 053N0000000000313071) Modified on 3/28/2008 to add receipt number (BP, ). (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER

Motions terminated: 31 MOTION for Janet Crepps to Appear Pro Hac Vice filed by D. B., Hope Medical Group for Women, K. P. Motion refiled with correct documents attached. See document 32 . (BP, )

March 28, 2008

March 28, 2008

PACER
34

ORDER granting 32 Motion for Janet Crepps to Appear Pro Hac Vice. Signed by Magistrate Judge Stephen C. Riedlinger on 3/31/2008. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
35

ORDER granting 33 Motion for Michelle Movahed to Appear Pro Hac Vice. Signed by Magistrate Judge Stephen C. Riedlinger on 3/31/2008. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
36

Consent MOTION for Extension of Discovery Deadlines and Pretrial Schedule by all plaintiffs. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Toti, Stephanie) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER

Motions terminated: 36 Consent MOTION for Extension of Discovery Deadlines and Pretrial Schedule filed by D. B., Hope Medical Group for Women, K. P. This motion is terminated because it is not in compliance with the local rules. (JDL, )

July 9, 2008

July 9, 2008

PACER
37

Consent MOTION for Extension of Discovery Deadlines and Pretrial Schedule by all plaintiffs. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Toti, Stephanie) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
38

AMENDED SCHEDULING ORDER granting 37 Motion to Extend Discovery Deadlines as follows: Fact Discovery due by 10/22/2008. Pltfs Expert Witness List due by 10/22/2008, Defts due by 11/21/2008. Pltfs Expert Reports due by 10/22/2008, Defts due by 11/21/2008. Experts shall be deposed by 12/22/2008. Dispositive Motions shall be filed by 1/22/2009. Signed by Magistrate Judge Stephen C. Riedlinger on 7/14/2008. (JDL, ) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

PACER
39

MOTION to Dismiss by Lorraine LeBlanc. (Jones, Carlton) Modified on 7/23/2008 to remove memorandum in support, see doc #40. (JDL, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

PACER
40

MEMORANDUM in Support of 39 MOTION to Dismiss filed by Lorraine LeBlanc. (Jones, Carlton) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER
41

MEMORANDUM in Opposition to 39 MOTION to Dismiss filed by all plaintiffs. (Attachments: # 1 Exhibit A (Letter from Jackson to Williams dated 3-12-08), # 2 Certificate of Service)(Toti, Stephanie) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
42

MOTION for Leave to File Reply Memorandum by Lorraine LeBlanc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Reply Memorandum in Support of Motion to Dismiss)(Jones, Carlton) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
43

ORDER granting 42 MOTION for Leave to File Reply Memorandum in Support of Her Motion to Dismiss filed by Lorraine LeBlanc. Signed by Chief Judge Ralph E. Tyson on 8/28/2008. (jdlsealed, ) (Entered: 08/29/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
44

REPLY MEMORANDUM in Support of 39 MOTION to Dismiss filed by Lorraine LeBlanc. (jdl ) (Entered: 08/29/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
45

MOTION for Rebecca Hart to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 053N0000000000370710) by all plaintiffs. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 Certificate of Service)(Rittenberg, William) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
46

ORDER granting 45 Motion for Rebecca Hart to Appear Pro Hac Vice. Signed by Magistrate Judge Stephen C. Riedlinger on 9/22/2008. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
47

Joint MOTION for Extension of Discovery Deadlines by all parties. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Toti, Stephanie) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

PACER

MOTION(S) REFERRED: 47 Joint MOTION for Extension of Discovery Deadlines. This motion is now pending before the USMJ. (JDL, )

Sept. 29, 2008

Sept. 29, 2008

PACER
48

AMENDED SCHEDULING ORDER granting 47 Motion to Extend Pretrial Schedule. Fact Discovery due by 12/22/2008. Pltfs Expert Witness List due by 10/22/2008, Defts due by 11/21/2008. Pltfs Expert Reports due by 10/22/2008, Defts due by 11/21/2008. Experts shall be deposed by 1/22/2009. Dispositive Motions shall be filed by 2/23/2009. Signed by Magistrate Judge Stephen C. Riedlinger on 9/30/2008. (JDL, ) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

PACER
49

Unopposed MOTION for Leave to File Extra-Length Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment by all plaintiffs. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Proposed Pleading; Motion for Summary Judgment, # 4 Proposed Pleading; Memorandum of Law, # 5 Proposed Pleading; Exhibit A to Memorandum of Law, # 6 Proposed Pleading; Local Rule 56.1 Statement of Undisputed Material Facts, # 7 Proposed Pleading; Appendix to Local Rule 56.1 Statement, # 8 Proposed Pleading; Exhibit 1 (Decl. of K.P., M.D.), # 9 Proposed Pleading; Exhibit 2 (Decl. of D.B., M.D.), # 10 Proposed Pleading; Exhibit 3 (Decl. of Kathaleen Pittman), # 11 Proposed Pleading; Exhibit 4 (Decl. of James C. DeGueurce, III, M.D.), # 12 Proposed Pleading; Exhibit 5 (Decl. of David A. Grimes, M.D.), # 13 Proposed Pleading; Exhibit 6 (Decl. of Stanley K. Henshaw, Ph.D.), # 14 Proposed Pleading; Exhibit 7 (Decl. of Patricia Born, Ph.D.), # 15 Proposed Pleading; Exhibit 8 (Dep. of Lorraine LeBlanc), # 16 Proposed Pleading; Exhibit 9 (Dep. of Cheryl Jackson), # 17 Proposed Pleading; Exhibit 10 (Dep. of John Thompson), # 18 Proposed Pleading; Exhibit 11 (Responses to Plaintiffs' First Set of Requests for Admissions), # 19 Proposed Pleading; Certificate of Service)(Toti, Stephanie) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
50

MOTION for Leave to File Memorandum of Law in Excess of Page Limitation by all defendants. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Motion for Summary Judgment, # 3 Proposed Pleading; Memorandum in Support of Motion for Summary Judgment, # 4 Proposed Pleading; Statement of Uncontested Material Facts, # 5 Proposed Pleading; Exhibit A to Motion for Summary Judgment, # 6 Proposed Pleading; Exhibit B to Motion for Summary Judgment, # 7 Proposed Pleading; Exhibit C to Motion for Summary Judgment, # 8 Proposed Pleading; Exhibit D to Motion for Summary Judgment, # 9 Proposed Pleading; Exhibit E to Motion for Summary Judgment, # 10 Proposed Pleading; Exhibit F to Motion for Summary Judgment, # 11 Proposed Pleading; Exhibit G to Motion for Summary Judgment, # 12 Proposed Pleading; Exhibit H to Motion for Summary Judgment, # 13 Proposed Pleading; Exhibit I to Motion for Summary Judgment, # 14 Proposed Pleading; Exhibit J to Motion for Summary Judgment)(Jones, Carlton) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
51

ORDER granting 49 Unopposed MOTION for Leave to File Extra-Length Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment filed by D. B., Hope Medical Group for Women, K. P.. Signed by Chief Judge Ralph E. Tyson on 2/23/09. (BP, ) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
52

MOTION for Summary Judgment by all plaintiffs. (Attachment(s) added on 3/19/2009: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Statement of Undisputed Facts, # 4 Exhibits) (BP, ). Modified on 3/19/2009 to add correct attachments (BP, ). (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
53

ORDER granting 50 MOTION for Leave to File Memorandum of Law in Excess of Page Limitation filed by Dionne Viator, William Schumacher, Lorraine LeBlanc, Daniel Lennie, Joseph Donchess, Manuel DePascual, Clark Cosse, Vincent Culotta, Melanie Firman. Signed by Chief Judge Ralph E. Tyson on 2/23/09. (BP, ) Modified on 2/27/2009 to edit filed date (BP, ). (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
54

MOTION for Summary Judgment by Daniel Lennie, Manuel DePascual, Lorraine LeBlanc, Clark Cosse, Melanie Firman, Vincent Culotta, William Schumacher, Joseph Donchess, Dionne Viator. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Exhibits)(BP, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
55

MOTION for Leave to File an Extra-Length Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment by all plaintiffs. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Proposed Pleading; Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment, # 4 Proposed Pleading; Exhibit A (Injunction Bond), # 5 Proposed Pleading; Exhibit B (Unpublished Decision in Women's Health Clinic v. State), # 6 Proposed Pleading; Exhibit C (Decl. of D.B., M.D.), # 7 Proposed Pleading; Exhibit D (Decl. of David A. Grimes, M.D.), # 8 Proposed Pleading; Exhibit E (Decl. of Stanley K. Henshaw, Ph.D.), # 9 Proposed Pleading; Certificate of Service)(Toti, Stephanie) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
56

MOTION for Leave to File Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment in Excess of Page Limitation by all defendants. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Opposition to Plaintiffs' Motion for Summary Judgment, # 3 Proposed Pleading; Exhibit A to Opposition Memorandum, # 4 Proposed Pleading; Response to Statement of Undisputed Facts)(Jones, Carlton) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
57

ORDER granting 55 MOTION for Leave to File an Extra-Length Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment filed by D. B., Hope Medical Group for Women, K. P.. Signed by Chief Judge Ralph E. Tyson on 3/23/09. (BP, ) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
58

MEMORANDUM in Opposition to 54 MOTION for Summary Judgment filed by all plaintiffs. (BP, ) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
59

ORDER granting 56 MOTION for Leave to File Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment in Excess of Page Limitation filed by Dionne Viator, William Schumacher, Lorraine LeBlanc, Daniel Lennie, Joseph Donchess, Manuel DePascual, Clark Cosse, Vincent Culotta, Melanie Firman. Signed by Chief Judge Ralph E. Tyson on 3/23/09. (BP, ) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
60

MEMORANDUM in Opposition to 52 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 Statement of Undisputed Facts)(BP, ) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
61

Unopposed MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Summary Judgment by all plaintiffs. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Proposed Pleading; Reply Memorandum of Law, # 4 Proposed Pleading; Exhibit A (Dep. of Lorraine LeBlanc), # 5 Proposed Pleading; Exhibit B (Dep. of Cheryl Jackson), # 6 Proposed Pleading; Exhibit C (Dep. of Vincent Culotta), # 7 Proposed Pleading; Exhibit D (Dep. of Manueal DePascual), # 8 Proposed Pleading; Certificate of Service)(Toti, Stephanie) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
62

ORDER granting 61 Unopposed MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Summary Judgment filed by D. B., Hope Medical Group for Women, K. P.. Signed by Chief Judge Ralph E. Tyson on 4/14/2009. (NLT, ) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
63

Reply MEMORANDUM in Support of 54 MOTION for Summary Judgment filed by D. B.. (Attachments: # 1 Exhibits)(NLT, ) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
64

MOTION for Leave to File Reply Memorandum by all defendants. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Reply Memorandum)(Jones, Carlton) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
65

ORDER granting 64 MOTION for Leave to File Reply Memorandum filed by Dionne Viator, William Schumacher, Lorraine LeBlanc, Daniel Lennie, Joseph Donchess, Manuel DePascual, Clark Cosse, Vincent Culotta, Melanie Firman. Signed by Chief Judge Ralph E. Tyson on 4/28/09. (BP, ) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
66

REPLY to 58 Memorandum in Opposition to 54 MOTION for Summary Judgment filed by all defendants. (BP, ) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
67

NOTICE of Oral Argument 27 MOTION to Dismiss, 54 MOTION for Summary Judgment, 39 MOTION to Dismiss :(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Oral Argument set for 6/23/2009 at 09:30 AM before Chief Judge Ralph E. Tyson. ARGUMENTS ARE LIMITED TO A MAXIMUM OF TEN (10) MINUTES FOR EACH SIDE.(DCB) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
68

NOTICE of Oral Argument on Motion (DATE CHANGE) 27 MOTION to Dismiss, 52 MOTION for Summary Judgment, 54 MOTION for Summary Judgment, 39 MOTION to Dismiss :(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Oral Argument RESET for 8/26/2009 at 09:30 AM before Chief Judge Ralph E. Tyson. ARGUMENTS ARE LIMITED TO A MAXIMUM OF TEN (10) MINUTES FOR EACH SIDE PER MOTION.(DCB) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
69

MOTION for Leave to File Amicus Brief by State of Louisiana. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Amicus Brief)(Freel, Angelique) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

PACER
70

ORDER granting 69 MOTION for Leave to File Amicus Brief filed by State of Louisiana. Signed by Chief Judge Ralph E. Tyson on 8/25/09. (BP, ) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
71

Amicus Curiae Brief regarding filed by State of Louisiana. (BP, ) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
74

Minute Entry for proceedings held before Chief Judge Ralph E. Tyson: Motion Hearing held on 8/26/2009 re 27 MOTION to Dismiss. The court grants the motion to dismiss filed by dfts. (Court Reporter J. Francisco.) (BP, ) (Entered: 09/29/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
72

TRANSCRIPT REQUEST by Hope Medical Group for Women for proceedings held on 8/26/2009 before Judge Ralph E. Tyson.. (Jones, Bonnie) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings transcript of Oral Argument hearing before Judge Chief Judge Ralph E. Tyson held on August 26, 2009. Court Reporter: Judy Y. Francisco. Phone Number: 225-389-3566. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have five (5) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/28/2009. Redacted Transcript Deadline set for 10/6/2009. Release of Transcript Restriction set for 12/7/2009. (Francisco, Judy) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

Clearinghouse
75

ORDER of Dismissal : this matter is dismissed. Signed by Chief Judge Ralph E. Tyson on 9/28/09. (BP, ) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

Clearinghouse
76

NOTICE OF APPEAL of 75 Order Dismissing Case by K. P., D. B., Hope Medical Group for Women. Filing fee $ 455, receipt number 053N0000000000498909. (Attachments: # 1 Certificate of Service)(Toti, Stephanie) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
77

Transcript Order Form sent to all counsel of Record (BP, ) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER

Record on Appeal Electronically Certified regarding 76 Notice of Appeal. US Court of Appeals notified of certification. (BP, )

Oct. 29, 2009

Oct. 29, 2009

PACER
78

USCA Case Number 09-31015 for 76 Notice of Appeal filed by D. B., Hope Medical Group for Women, K. P.. (BP, ) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
79

Transmitted Record on Appeal to US Court of Appeals regarding 76 Notice of Appeal. (BP, ) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
80

Return on Appeal Transmittal Letter (BP, ) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
81

MANDATE of USCA as to 76 Notice of Appeal filed by D. B., Hope Medical Group for Women, K. P...The judgment of the District Court is reversed, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. Further ordered that dfts-appellees pay to ptlfs-appellants the costs on appeal to be taxed by the Clerk of this Court. (PAH) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

Clearinghouse
82

MOTION for Kara Loewentheil to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N-657196) by All Plaintiffs. (Attachments: # 1 Declaration of Kara Loewentheil, # 2 Proposed Order, # 3 Certificate of Good Standing)(Rittenberg, William) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
83

ORDER granting 82 Motion for Kara Loewentheil to Appear Pro Hac Vice for all plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 3/10/2011. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
84

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum, # 4 Statement of Undisputed Facts, # 5 Appendix to Statement of Undisputed Facts)(Toti, Stephanie) (Attachment 5 replaced on 3/18/2011) (PJH). (Attachment 5 replaced on 3/28/2011) (PJH). (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER
85

MOTION for Leave to File Memorandum in Excess of Page Limitation by Clark Cosse, Vincent Culotta, Manuel DePascual, Joseph Donchess, Melanie Firman, Lorraine LeBlanc, Daniel Lennie, William Schumacher, Dionne Viator. (Attachments: # 1 Proposed Order, # 2 Proposed Motion, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Proposed Memorandum in Support, # 14 Statement of Undisputed Facts)(Jones, Carlton) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER
86

MEMORANDUM in Opposition to defendants' 89 MOTION Summary Judgment filed by Lorraine LeBlanc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toti, Stephanie) Modified on 4/7/2011 to edit text and document relationship (PJH). Modified on 1/5/2012 to edit text and correct document link (PLH). (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
87

MEMORANDUM in Opposition to 84 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Response to Statement of Uncontested Facts, # 2 Exhibit A)(Jones, Carlton) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
88

ORDER granting 85 MOTION for Leave to exceed page limitation for memorandum in support of motion for summary judgment. Signed by Chief Judge Ralph E. Tyson on 4/11/2011. (PJH) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

PACER
89

MOTION for Summary Judgment by Lorraine LeBlanc. (Attachments: # 1 Exhibits A to J, # 2 Statement of Undisputed Facts, # 3 Memorandum in Support)(NLT) (Entered: 04/13/2011)

April 12, 2011

April 12, 2011

PACER
90

ORDER REASSIGNING CASE: Pursuant to A General Order, United States District Judge Helen G. Berrigan and Magistrate Judge Karen Wells Roby of the Eastern District of Louisiana are assigned to conduct proceedings and preform all duties as may be required in this case. The Local Rules of the Eastern District of Louisiana will apply to these cases. Case reassigned to Judge Helen Ginger Berrigan and Magistrate Judge Karen Wells Roby for all further proceedings. Chief Judge Ralph E. Tyson, Magistrate Judge Stephen C. Riedlinger no longer assigned to case (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
91

ORDER: as to 89 MOTION for Summary Judgment filed by Lorraine LeBlanc, 84 MOTION for Summary Judgment filed by D. B., Hope Medical Group for Women, K. P. ORDERED that counsel for movers shall proved hard copies of the motions for summary judgment along with exhibits to the chambers of the undersigned by 9/19/2011. Signed by Judge Helen Ginger Berrigan on 9/12/11. (PLH) (Entered: 09/13/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
92

ORDER: 10-0511-HGB-KWR is consolidated with 07-879-HGB-KWR. Signed by Judge Helen Ginger Berrigan on 9/16/11. (PLH) (Entered: 09/20/2011)

Sept. 19, 2011

Sept. 19, 2011

RECAP
93

MOTION for Summary Judgment by Bud Thompson. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts)(PLH)(Originally filed in 10-511 on 1/21/11 rec doc #36) (Entered: 09/20/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER
94

MOTION for Summary Judgment by Clark Cosse, Vincent Culotta, Manuel DePascual, Joseph Donchess, Melanie Firman, M.D., Kent Guidry, James E. Hritz, Lorraine LeBlanc, Katharine C. Rathbun, M.D.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts)(PLH)(Originally filed in 10-511 on 1/21/11 rec doc #37) (Entered: 09/20/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER
95

MOTION for Partial Summary Judgment by Bossier City Medical Suite, Causeway Medical Clinic, D.B., M.D., Delta Clinic Baton Rouge, Inc., Hope Medical Group for Women, Midtown Medical LLC, Women's Health Care Center, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Exhibit, # 4 Declaration of Stephanie Toti)(PLH)(Originally filed in 10-511 on 2/4/11 rec doc #39) (Entered: 09/20/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER
96

MOTION for Oral Argument on 93 MOTION for Summary Judgment by Bud Thompson. (PLH)(Originally filed in 10-511 on 3/1/11 rec doc #44) (Entered: 09/20/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Nov. 16, 2007

Closing Date: Oct. 8, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Louisiana abortion providers (clinic & physicians)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Executive Director, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

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

Abortion