Case: Jackson Women's Inc. v. Amy

Jackson Women’s Health Organization Inc. v. Amy

Jackson Women's Health Organization v. Amy

Jackson Women's Health Organization v. Amy

COMPLAINT Filing Fee $ 150.00 Receipt # 68913 ; Notice of Assignment mailed. (thr) (Entered: 06/30/2004)

Magistrate Judge Assignment Alfred G. Nicols (thr)

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr)

MOTION by plaintiff Jackson Women's Inc. for Temporary Restraining Order, and for Preliminary Injunction (lbt) (Entered: 07/01/2004)

SUMMONS(ES) issued for defendant Brian W. Amy, defendant S. Malcolm O. Harrison, defendant Haley Barbour (lbt)

MOTION by plaintiff Jackson Women's Inc. for Simon Heller, Esq. to Appear Pro Hac Vice (lbt) (Entered: 07/01/2004)

DISCLOSURE STATEMENT regarding corporate structure by plaintiff Jackson Women's Inc. . (lbt) (Entered: 07/01/2004)

ORDER granting [3-1] motion for Simon Heller, Esq. to Appear Pro Hac Vice ( signed by Judge Tom S. Lee ); copies mailed. (cwl) (Entered: 07/01/2004)

ORDER granting [2-1] motion for Temporary Restraining Order mooting [2-2] motion for Preliminary Injunction ( signed by Judge Tom S. Lee ); copies mailed. (cwl) (Entered: 07/02/2004)

NOTICE of hearing by plaintiff Jackson Women's Inc.,will bring for hearing Motion for Temporary Restraining Order and Preliminary Injunction beginning at 9:00 a.m., on Friday, July 16, 2004. (lbt) (Entered: 07/07/2004)

SUMMONS Returned Executed as to defendant Brian W. Amy, defendant S. Malcolm O. Harrison, defendant Haley Barbour 6/30/04 Answer due on 7/20/04 for Haley Barbour, for S. Malcolm O. Harrison, for Brian W. Amy (lbt) (Entered: 07/07/2004)

NOTICE of Attorney Appearance Simon Heller for plaintiff Jackson Women's Inc. by (lbt) (Entered: 07/12/2004)

RESPONSE by defendant Brian W. Amy, defendant S. Malcolm O. Harrison, defendant Haley Barbour in opposition to [2-1] motion for Temporary Restraining Order by plaintiff, [2-2] motion for Preliminary Injunction by plaintiff (lbt) (Entered: 07/13/2004)

MEMORANDUM by defendant Brian W. Amy, defendant S. Malcolm O. Harrison, defendant Haley Barbour in support of [10-1] opposition response by defendantss (lbt) (Entered: 07/13/2004)

Pro Hac Vice fee paid for Simon Heller by Center for Reproductive Right, FILING FEE $ 25.00 RECEIPT # J069156 (lbt)

ORDER, Extending Time for an additional ten days or until further order of this Court ( signed by Judge Tom S. Lee ); copies mailed. (lbt) (Entered: 07/13/2004)

REPLY/RESPONSE MEMORANDUM by plaintiff Jackson Women's Inc. in support of [2-2] motion for Preliminary Injunction by plaintiff (lbt) (Entered: 07/15/2004)

SECOND (DECLARATION) AFFIDAVIT of Susan Hill (lbt) (Entered: 07/15/2004)

AFFIDAVIT of David Grimes, M.D. (lbt) (Entered: 07/15/2004)

Minute entry: Hearing on Temporary Restraining Order heard before Judge Lee on 7/16/04. C/R: Cherie Bond. ACTION TAKEN: Arguments presented by counsel for all parties. Motion taken under consideration. Written Opinion to be issued by Friday, July 26, 2004. (lbt) Modified on 07/21/2004 (Entered: 07/16/2004)

ANSWER to Complaint by defendant Brian W. Amy, defendant Haley Barbour (Attorney Roger Googe, Sarah E. Berry, Mary Jo Woods) (lbt) (Entered: 07/21/2004)

MEMORANDUM OPINION and ORDER granting [2-2] motion for Preliminary Injunction ( signed by Judge Tom S. Lee ) ; copies mailed. ob: 2004 page: 1885-1899 (lbt) (Entered: 07/23/2004)

Envelope returned by Post Office marked (Not Deliverable - Unable to Forward to Sarah E. Berry, Attorney at Law ) containing (Memorandum Opinion and Order ) addressed c/Judge Lee (lbt) (Entered: 08/03/2004)

MOTION by plaintiff Jackson Women's Inc. for Bonnie Scott Jones to Appear Pro Hac Vice (lbt) (Entered: 09/16/2004)

Pro Hac Vice fee paid FILING FEE $ 25.00 for Bonnie Scott Jones by Maxey Wann, PLLC RECEIPT # J000902 (lbt)

ORDER granting [20-1] motion for Bonnie Scott Jones to Appear Pro Hac Vice ( signed by Judge Tom S. Lee ); copies mailed. (lbt) (Entered: 09/17/2004)

Envelope returned by Post Office marked (not deliverable as addressed - unable to forward ) containing (Order for Admission for Pro hac vice ) c/Judge Lee addressed to Sarah E. Berry, Esq., P O Box 747 Ocean Springs, MS 39566-0747 (lbt) (Entered: 09/23/2004)

Rule 16.1(A) Initial Order; copies mailed (lbt) (Entered: 09/29/2004)

Telephonic Case Management Conference set 10:45 10/28/04 location: before Magistrate Judge Alfred G. Nicols copies mailed to Sarah E. Berry, P. Roger Googe Jr., Mary Jo Woods, Simon Heller, Steven Mark Wann (lbt)

Notice of Service of Request for Production of Documents to defendants Barbour and Amy by plaintiff Jackson Women's Inc.(cwl) Modified on 10/15/2004 (Entered: 10/15/2004)

Notice of Service of Disclosure by plaintiff Jackson Women's Inc. (cwl) (Entered: 10/15/2004)

Envelope returned by Post Office marked ( Not Deliverable not for Box 747 ) containing (Rule 16 intial order ) addressed Sarah E. Berry, Esq., Sarah E. Berry, Attorney, P O Box 747 Ocean Springs, MS 39566-0747 c/Nicols (lbt) (Entered: 10/27/2004)

Case Management Conference held (thr)

Minute entry: TCMC held before Mag. Judge Nicols, 10/28/04. (thr) (Entered: 11/03/2004)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Standard Scheduling Deadlines: Non-jury Trial 8/1/05 ; Final Pretrial Conference for 7/18/05 ; Discovery cutoff 4/1/05 ; Joining of parties,amending of pleadings by 11/29/04 ; Pla. Designation of Experts by 1/1/05 ; Dft Designation of Experts by 2/1/05 ; Motion Filing deadline on 4/16/05 ; ( signed by Magistrate Judge Alfred G. Nicols ) copies mailed. (thr) (Entered: 11/03/2004)

Notice of Service of Initial Disclosure by defendant Brian W. Amy, defendant S. Malcolm O. Harrison, defendant Haley Barbour (lbt) (Entered: 11/09/2004)

Envelope returned by Post Office marked (Not Deliverable/Unable to Forward ) containing (Case Management Order ) addressed to: Sarah E. Berry, Esq., P O Box 747 Ocean Springs MS 39566-0747 c/Judge Nicols (lbt) (Entered: 11/09/2004)

NOTICE of Service of Admissions by defendant Brian W. Amy (cwl) (Entered: 11/14/2004)

Notice of Service of Interrogatories by defendant Brian W. Amy (cwl) (Entered: 11/14/2004)

Notice of Service of Interrogatories by defendant Haley Barbour (cwl) (Entered: 11/14/2004)

NOTICE of Service of Request of Admissions by defendant Haley Barbour (cwl) (Entered: 11/14/2004)

UNOPPOSED MOTION by plaintiff Jackson Women's Inc. to Extend Time in which to amend pleadings and designation experts (lbt) (Entered: 11/15/2004)

Notice of Service of Response by defendant Brian W. Amy to Plaintiff's First Set of Document Requests (lbt) (Entered: 11/23/2004)

Answers/Objections/Response by defendant Haley Barbour to documents requests. (cwl) (Entered: 11/24/2004)

ORDER granting [35-1] motion to Extend Time in which to amend pleadings and designation experts, Set Case Management Order Deadlines Joining of parties,amending of pleadings by 1/15/05 ; Pla. Designation of Experts by 2/1/05 ; Dft Designation of Experts by 3/1/05 ; ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (lbt) (Entered: 12/01/2004)

Envelope returned by Post Office marked ( wrong box not 747 ) containing ( Order on Upponsed Motion for Extension of Time in Which to Amend Pleadings and Designate Experts ) addressed to Sarah E. Berry, Esq., P O Box 747 Ocean Springs, MS 39566-0747 c/Mag. Nicols (lbt) (Entered: 12/13/2004)

NOTICE of Service of Response to Request for Admissions by Brian W. Amy.(Reno, Theresa) (Entered: 01/03/2005)

NOTICE of Service of Response to Interrogatories (responses attached to notice) by Haley Barbour.(THR, ) (Entered: 01/13/2005)

NOTICE of Service of Response to Request for Admissions by Haley Barbour.(THR, ) (Entered: 01/14/2005)

MOTION to Amend 1 Complaint by Jackson Women's Health Organization, Inc.. (THR, ) (Entered: 01/14/2005)

MOTION to Supplement and/or Amend 43 Notice of Service of Response to Admisssions by Brian W. Amy. (THR, ) (Entered: 01/18/2005)

NOTICE of Service of Response to Interrogatories by Brian W. Amy.(THR, ) (Entered: 01/24/2005)

MOTION for Summary Judgment by Jackson Women's Health Organization, Inc.. (Attachments: # 1 Exhibit)(THR, ) (Entered: 01/28/2005)

NOTICE of Service of Expert Report of Stanley K. Henshaw by Jackson Women's Health Organization, Inc. (THR, ) (Entered: 02/01/2005)

ORDER granting 44 Motion to Amend/Correct . Signed by Judge Alfred G. Nicols on February 4, 2005. (wg, ) (Entered: 02/04/2005)

NOTICE of Service of Request for Entry Upon Land for Analysis and Comparison of Plaintiff's Facility with Statutory and Regulatory Requirements for Ambulatory Surgical Facilities and Other Purposes by Jackson Women's Health Organization, Inc. (THR, ) (Entered: 02/07/2005)

ORDER granting 42 Motion to Amend/Correct; Plaintiff shall file and serve amended complaint by February 18, 2005. Signed by Judge Alfred G. Nicols on February 8, 2005. (TKR) (Entered: 02/08/2005)

MOTION for Extension of Time to File Response as to 46 MOTION for Summary Judgment by Brian W. Amy. (THR, ) (Entered: 02/09/2005)

NOTICE of Service of Interrogatories, production of documents and request for admissions by Brian W. Amy, S. Malcolm O. Harrison, Haley Barbour.(THR, ) (Entered: 02/09/2005)

NOTICE of Service of Response to Interrogatories by Brian W. Amy.(THR, ) (Entered: 02/10/2005)

MOTION for Extension of Time to File Response as to 46 MOTION for Summary Judgment by Brian W. Amy. (THR, ) (Entered: 02/11/2005)

ORDER granting 51 Motion for Extension of Time to File Response re 46 MOTION for Summary Judgment, granting 54 Motion for Extension of Time to File Response re 46 MOTION for Summary Judgment Responses due by 4/4/2005. Signed by Judge Tom S. Lee on 02/15/05. (THR, ) (Entered: 02/15/2005)

AMENDED COMPLAINT against all defendants, filed by Jackson Women's Health Organization, Inc..(THR, ) (Entered: 02/16/2005)

NOTICE of Service of Second Supplemental Response to Interrogatories by Brian W. Amy.(THR, ) (Entered: 02/23/2005)

Response in Opposition re 49 NOTICE of Service of Request for Entry Upon Land for Analysis and Comparison of Plaintiff's Facility with Statutory and Regulatory Requirements for Ambulatory Surgical Facilities and Other Purposes by Jackson Women's Health Organization, Inc. (THR, ) filed by Jackson Women's Health Organization, Inc.. (Terry, Lula) (Entered: 02/28/2005)

ANSWER to Amended Complaint by Brian W. Amy, Haley Barbour.(Woods, Mary) (Entered: 02/28/2005)

Response in Opposition re 49 NOTICE of Service of Request for Entry Upon Land for Analysis and Comparison of Plaintiff's Facility with Statutory and Regulatory Requirements for Ambulatory Surgical Facilities and Other Purposes by Jackson Women's Health Organization, Inc. (THR, ) filed by Jackson Women's Health Organization, Inc.. (Moore, Janet) (Entered: 03/03/2005)

MOTION for Extension of Deadline for Completing Expert Report by Brian W. Amy. (Terry, Lula) (Entered: 03/02/2005)

State Defendants Disclosure of Experts Witness by Brian W. Amy, S. Malcolm O. Harrison, Haley Barbour.(Terry, Lula) (Entered: 03/02/2005)

ORDER granting 60 Motion to Extend Deadline for Completing Expert Report until 3/08/2005. Signed by Judge Alfred G. Nicols on March 4, 2005. (wg, ) (Entered: 03/04/2005)

Set/Reset Scheduling Order Deadlines: Designate Experts for Defendant Deadline due by 3/8/2005. (wg, )

Designation of Experts by Brian W. Amy, Haley Barbour.(Woods, Mary) (Entered: 03/08/2005)

NOTICE of Service of Response to Interrogatories, production of documents and request for admissions by Jackson Women's Health Organization, Inc..(THR, ) (Entered: 03/09/2005)

NOTICE of Service of Defendant Brian W. Amy's Supplemental Document Production (Terry, Lula) (Entered: 03/23/2005)

RESPONSE in Opposition re 46 MOTION for Summary Judgment filed by Brian W. Amy, S. Malcolm O. Harrison, Haley Barbour. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Woods, Mary) (Entered: 04/04/2005)

MEMORANDUM in Opposition re 46 MOTION for Summary Judgment filed by Brian W. Amy, S. Malcolm O. Harrison, Haley Barbour. (Woods, Mary) (Entered: 04/04/2005)

MEMORANDUM in Support re 46 MOTION for Summary Judgment filed by Jackson Women's Health Organization, Inc.. (THR, ) (Entered: 04/12/2005)

MOTION to Stay Proceedings by Brian W. Amy, Haley Barbour. (Woods, Mary) (Entered: 04/20/2005)

RESPONSE in Opposition re 70 MOTION to Stay Proceedings filed by Jackson Women's Health Organization, Inc.. (THR, ) (Entered: 04/25/2005)

ORDER denying 70 Motion to Stay . Signed by Judge Alfred G. Nicols on May 12, 2005. (TKR) (Entered: 05/12/2005)

ORDER granting 46 Motion for Summary Judgment . Signed by Judge Tom S. Lee on 5/31/05. (lwe, ) (Entered: 06/01/2005)

MOTION for Extension of Time to File Motion for Attorneys' Fees by Jackson Women's Health Organization, Inc.. (Wann, Steven) (Entered: 06/09/2005)

ORDER granting 74 Motion for Extension of Time to File motion for attorneys' fees for a period up to and through 6/29/05. Signed by Judge Tom S. Lee on 6/14/05. (lwe, ) (Entered: 06/14/2005)

AMENDED MEMORANDUM OPINION AND ORDER granting motion for summary judgment as set out herein.. Signed by Judge Tom S. Lee on 6/14/05. (lwe, ) (Entered: 06/15/2005)

JUDGMENT permanently enjoining the defendants, their agents and successors in office from enforcing the amendments to Miss. Code Section 41-75-1 contained in Miss. House Bill No. 1038 (2004 Legislative Session). . Signed by Judge Tom S. Lee on 6/20/05. (Lowery, Robin) (Entered: 06/22/2005)

MOTION for Attorney Fees by Jackson Women's Health Organization, Inc.. (Wann, Steven) (Entered: 06/29/2005)

MEMORANDUM in Support re 78 MOTION for Attorney Fees filed by Jackson Women's Health Organization, Inc.. (Attachments: # 1 Affidavit Exh. A-Decl. of S. Mark Wann, Exh. B-Decl. of Simon Heller, Decl. of Bonnie Scott Jones, Decl. of Janet Crepps, Exh. C-Decl. of Robert B. McDuff)(Wann, Steven) (Entered: 06/29/2005)

MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Attorney Fees by Brian W. Amy, Haley Barbour. (Woods, Mary) (Entered: 07/07/2005)

ORDER granting 80 Motion for Extension of Time to File Response/Reply as to 78 MOTION for Attorney Fees . Signed by Judge Tom S. Lee on 07/07/05. (THR, ) (Entered: 07/07/2005)

RESPONSE in Opposition re 78 MOTION for Attorney Fees filed by Brian W. Amy, Haley Barbour. (Woods, Mary) (Entered: 07/26/2005)

MEMORANDUM in Opposition re 78 MOTION for Attorney Fees filed by Brian W. Amy, Haley Barbour. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Woods, Mary) (Entered: 07/26/2005)

MEMORANDUM in Support re 78 MOTION for Attorney Fees Reply Memorandum filed by Jackson Women's Health Organization, Inc.. (Attachments: # 1 Exhibit Exh.1-2nd Decl. of Simon Heller; Exh.2-2nd Decl. of S. Mark Wann)(Wann, Steven) (Entered: 08/02/2005)

Memorandum Opinion and Order granting 78 MOTION for Attorney Fees and expenses as set out herein. Execution of this award is stayed until the first applicable regular session of the Legislature. Signed by Judge Tom S. Lee on 8/22/05. (lwe, ) (Entered: 08/22/2005)