Case: Northland Family Planning Clinic, Inc. v. Cox

2:05-cv-70779 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 1, 2005

Closed Date: April 7, 2008

Clearinghouse coding complete

Case Summary

This case is a challenge to Michigan’s “Legal Birth Definition Act,” which penalized physicians for performing dilation and extraction and dilation and evacuation abortions. Enacted in 2005, the law established a protected legal status for partially-delivered fetuses, called perinates. A perinate was defined as a live human being that is either expelled or extracted from the mother's body. The law imposed civil and criminal penalties for physicians who performed procedures that led to the injur…

On March 1, 2005, six reproductive health care facilities, including Planned Parenthood, and several named physicians, filed a complaint on behalf of themselves, their staff, and patients against the Michigan Attorney General and the Prosecuting Attorney for Wayne County, along with all prosecuting attorneys in Michigan responsible for enforcing the Act. The complaint was filed in the Eastern District of Michigan and assigned to Judge Denise Page Hood.

The plaintiffs alleged that the Legal Birth Definition Act was unconstitutional because it imposed criminal penalties for performing certain kinds of abortions and operated to effectively ban abortions unless to save the mother’s life. Bringing suit under 42 U.S.C. § 1983, the plaintiffs claimed the Act violated the Fourteenth Amendment by infringing women’s and their physicians’ rights to privacy and liberty, violating equal protection by harming women, and violating due process by being impermissibly vague as to when an abortion is necessary to save the life of a mother. The plaintiffs relied on Gonzalez and Stenburg to make their arguments; they sought an injunction to restrain defendants from enforcing the Act, a declaratory judgment that the Act was unconstitutional, and attorneys’ fees and costs.

The court issued a temporary restraining order on March 14, 2005, and set it to expire on June 15, 2005, after the scheduled motion hearing. On March 16, 2005 an anti-abortion advocacy group called STOPP filed a motion to intervene, which was later denied.

On April 4, 2005, Michgian's Attorney General (Republican Mike Cox) issued an opinion narrowing the scope of the Act. The Attorney General clarified that the Act prohibited only dilation and extraction procedures that require killing a perinate, unless one of the exceptions applied, but that it did not impact dilation and evacuation abortions. Also, the Attorney General clarified that physicians would not face a penalty if they did a dilation and extraction abortion when in their “reasonable medical judgment and in compliance with the applicable standard of practice and care,” it was necessary to protect the mother’s life. Given the narrowing interpretation of the Act, the defendants moved to dismiss the case on April 11, 2005, arguing it was constitutional.

On May 19, 2005, all parties moved to consolidate the hearing on the preliminary injunction with the final hearing on the merits. The court granted the consolidation request upon stipulation on June 14, 2005.

On September 12, 2005, the court issued rulings on 1) the plaintiffs’ motion for preliminary injunction, 2) the defendants’ motion to dismiss, 3) STOPP's motion to intervene, and 4) the merits of the case. 394 F. Supp. 2d 978. The court first denied defendants' motion to dismiss based on the Attorney General's narrowing interpretation (which was not, it said, authoritative). Judge Hood then moved on to the merits of the case, finding the Act unconstitutional. She reasoned that, the Act created an undue burden on a woman’s right to choose to have an abortion and that the heath of the mother exception was meaningless and unconstitutional on its face because it required physicians to balance the woman’s life against the fetus. Also, the Act was unconstitutionally vague because it did not give physicians notice of what actions were prohibited. Finally, the court denied STOPP's motion to intervene because the advocacy group was not entitled to intervention by right and permissive intervention was not warranted since the defendant already fully litigated the constitutional issue.

Defendants and STOPP appealed, but in a June 4, 2007 opinion, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court. 487 F.3d 323. The panel included circuit judges Boyce Martin and Deborah Cook, and district judge Bunning; Judge Martin wrote the unanimous opinion. The Sixth Circuit held that the Act posed an unconstitutional burden on a woman’s right to choose to have an abortion and did not provide a sufficient exception to protect a mother’s health as constitutionally required. Additionally, the court held that the Attorney General’s opinion should not be given interpretive weight and that STOPP was not entitled to intervention by right or permissive intervention. On September 4, 2007, defendants and STOPP filed a petition for writ of certiorari, which was denied on January 22, 2008.

After the denial of cert, the only remaining issue was attorneys’ fees. After negotiation, on April 7, 2008, the defendant agreed to pay $337,500 in attorneys’ fees and costs. The case is now closed.

Summary Authors

Sarah Marble (2/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4740945/parties/northland-family-planning-clinic-incorporated-v-cox/

Judge(s)

Attorney for Plaintiff

Amiri, Brigitte (Michigan)

Camp, S. Talcott (Michigan)

Attorney for Defendant

Baughman, Timothy A. (Michigan)

Expert/Monitor/Master/Other

Burke, Denise M. (Michigan)

Calia, Kurt G. (Michigan)

Judge(s)

Hood, Denise Page (Michigan)

Attorney for Plaintiff

Amiri, Brigitte (Michigan)

Camp, S. Talcott (Michigan)

Cohen, Sanford M. (Michigan)

Crepps, Janet L. (Michigan)

Evans, Roger K. (Michigan)

Gartner, Eve C. (Michigan)

Heller, Simon (Michigan)

Moss, Kary Leslie (Michigan)

Nacht, David A. (Michigan)

Patel, Chakshu S. (Michigan)

Rosenthal, Linda (Michigan)

Steinberg, Michael Jay (Michigan)

Attorney for Defendant

Baughman, Timothy A. (Michigan)

General, Ronald J. (Michigan)

General, Bernard Eric (Michigan)

Other

Burke, Denise M. (Michigan)

Calia, Kurt G. (Michigan)

Muise, Robert Joseph (Michigan)

Shotzbarger, Julie (Michigan)

Smith, Mailee Rebecca (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:05-cv-70779	Complaint Northland Family Planning Clinic, Inc. v Cox	March 1, 2005	March 1, 2005 Complaint
32 2:05-cv-70779	Order Granting Plaintiffs' Motion for Extension of Time to File Response/Reply to Motion to Dismiss and to Consolidate Briefing with Plaintiffs' Reply in Support of Motion for Preliminary Injunction and Order Granting Motion to Expedite Northland Family Planning v. Cox	May 2, 2005	May 2, 2005 Order/Opinion
52 2:05-cv-70779	Memorandum Opinion and Order Northland Family Planning Clinic, Inc. v Cox	Sept. 12, 2005	Sept. 12, 2005 Order/Opinion 394 F.Supp.2d 978
05-02417 05-02418	[Sixth Circuit Opinion] Northland Family Planning Clinic, Inc. v Cox U.S. Court of Appeals for the Sixth Circuit	June 4, 2007	June 4, 2007 Order/Opinion 487 F.3d 323
72 2:05-cv-70779	Opinion Northland Family Planning Clinic, Inc. v Cox	April 7, 2008	April 7, 2008 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Northland Family Planning Clinic, Inc. v. Cox Center for Reproductive Rights	This is the Center for Reproductive Rights' case description of Northland Family Planning Clinic, Inc. v. Cox	March 1, 2005	March 1, 2005 https://reproductiverights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4740945/northland-family-planning-clinic-incorporated-v-cox/

Last updated Sept. 3, 2026, 4:48 a.m.

Docket for: Northland Family Planning Clinic, Incorporated v. Cox

ECF Number	Date	Description	Link
1	March 1, 2005	COMPLAINT filed by all plaintiffs against all defendants, Receipt No. 521973.(DTyle, ) (Entered: 03/03/2005)	Clearinghouse
2	March 1, 2005	MOTION for Leave to File Excess Pages by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)	RECAP
3	March 1, 2005	MOTION for Preliminary Injunction by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)	RECAP
4	March 1, 2005	BRIEF in Support re 3 MOTION for Preliminary Injunction filed by all plaintiffs. (Attachments: # 1 Document Continuation)(DTyle, ) (Entered: 03/03/2005)	RECAP
5	March 1, 2005	MOTION for Expedited hearing on plaintiffs' motoin for preliminary injunction by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)	RECAP
6	March 2, 2005	(FILED IN ERROR) Sealed Matter.(DHame, ) Modified on 4/6/2005 (DHame, ). (Entered: 03/04/2005)	RECAP
7	March 4, 2005	ORDER granting 2 Motion for Leave to File Excess Pages, granting 5 Motion to Expedite- Signed by Honorable Denise Page Hood. (LHack, ) (Entered: 03/07/2005)	RECAP
8	March 8, 2005	NOTICE of Appearance by Santiago Rios, Ronald J. Styka on behalf of Michael A. Cox. (LHack, ) (Entered: 03/09/2005)	RECAP
9	March 8, 2005	CERTIFICATE OF SERVICE re 7 Order (LHack, ) (Entered: 03/11/2005)	RECAP
12	March 14, 2005	STIPULATION AND ORDER that TRO will remain in effect until 6/15/05 (See order for Details) Signed by Honorable Denise Page Hood. (LHack, ) (Entered: 03/17/2005)	RECAP
10	March 16, 2005	MOTION to Intervene by Standing Together To Oppose Partial-birth-abortion. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit 1# 3 Answer in Intervention)(Muise, Robert) (Entered: 03/16/2005)	RECAP
11	March 17, 2005	NOTICE of hearing on 10 MOTION to Intervene. Motion Hearing set for 6/14/2005 02:00 PM before Honorable Denise Page Hood. (BLew, ) (Entered: 03/17/2005)	RECAP
	March 17, 2005	Minute Entry -Set Motion and R&R Deadlines/Hearings as to 3 MOTION for Preliminary Injunction: before Honorable Denise Page Hood. Motion Hearing set for 6/14/2005 02:00 PM before Honorable Denise Page Hood. (BLew, )
13	March 23, 2005	MOTION for Extension of Time to File Answer re 1 Complaint by Michael A. Cox. (Styka, Ronald) (Entered: 03/23/2005)	RECAP
14	March 31, 2005	STIPULATION for Enlargement of Time in Which to File Responsive Pleading by Michael A. Cox.(Styka, Ronald) (Entered: 03/31/2005)	RECAP
15	April 4, 2005	BRIEF in Support re 10 MOTION to Intervene Opposition to Motion to Intervene filed by all plaintiffs. (Attachments: # 1 Exhibit # 2 Exhibit)(Rosenthal, Linda) (Entered: 04/04/2005)	RECAP
16	April 4, 2005	SUMMONS Returned Executed. Kim L. Worthy served on 3/2/2005, answer due 3/22/2005 (LHack, ) (Entered: 04/05/2005)	RECAP
17	April 4, 2005	SUMMONS Returned Executed. Michael A. Cox served on 3/2/2005, answer due 3/22/2005 (LHack, ) (Entered: 04/05/2005)	RECAP
18	April 11, 2005	REPLY to Response re 10 MOTION to Intervene as Defendant filed by Standing Together To Oppose Partial-birth-abortion. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Certificate of Service)(Muise, Robert) (Entered: 04/11/2005)	RECAP
19	April 11, 2005	MOTION to Dismiss and Brief in Support by Michael A. Cox. (Attachments: # 1 Index of Exhibits # 2 Exhibit)(Styka, Ronald) (Entered: 04/11/2005)	RECAP
22	April 11, 2005	AMENDED CERTIFICATE OF SERVICE by Plaintiffs re 15 Memorandum of Law in Opposition to Motion to Intervene of "Standing Together to Opose Partial-Birth Abortion" and Exhibits. (LHack, ) (Entered: 04/13/2005)	RECAP
20	April 12, 2005	ATTORNEY APPEARANCE: Julie Shotzbarger appearing on behalf of Standing Together To Oppose Partial-birth-abortion.(Shotzbarger, Julie) (Entered: 04/12/2005)	RECAP
21	April 12, 2005	CERTIFICATE OF SERVICE by Standing Together To Oppose Partial-birth-abortion for Notice of Appearance of Counsel. (Shotzbarger, Julie) (Entered: 04/12/2005)	RECAP
23	April 13, 2005	NOTICE of Appearance by Timothy A. Baughman on behalf of Kim L. Worthy. (LHack, ) (Entered: 04/13/2005)	RECAP
24	April 15, 2005	NOTICE of hearing on 19 MOTION to Dismiss and Brief in Support. Motion Hearing set for 6/14/2005 02:00 PM before Honorable Denise Page Hood. (VSim, ) (Entered: 04/18/2005)	RECAP
25	April 20, 2005	STIPUATION AND ORDER Resolving 13 Motion for Extension of Time to Answer. Michael A. Cox answer due 5/13/2005.- Signed by Honorable Denise Page Hood. (LHack, ) (Entered: 04/21/2005)	RECAP
26	April 22, 2005	MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIM. INJUNCTION by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)	RECAP
27	April 22, 2005	MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF PRELIMINARY INJUNCTION by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)	RECAP
28	April 22, 2005	MOTION to Expedite MOTION FOR CONSOLIDATED BRIEFING by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)	RECAP
29	April 29, 2005	RESPONSE to 26 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIM. INJUNCTION, 27 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF PRELIMINARY INJUNCTION, 28 MOTION to Expedite MOTION FOR CONSOLIDATED BRIEFING filed by Michael A. Cox. (Styka, Ronald) (Entered: 04/29/2005)	RECAP
30	May 2, 2005	REPLY to Response re 26 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIM. INJUNCTION, 27 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF PRELIMINARY INJUNCTION filed by all plaintiffs. (Rosenthal, Linda) (Entered: 05/02/2005)	RECAP
31	May 2, 2005	ANSWER to Complaint with Affirmative Defenses by Michael A. Cox.(Styka, Ronald) (Entered: 05/02/2005)	RECAP
32	May 2, 2005	ORDER granting 26 Motion for Extension of Time to File Response/Reply re 26 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIM. INJUNCTION, 28 MOTION to Expedite MOTION FOR CONSOLIDATED BRIEFING, granting 28 Motion to Expedite Responses due by 5/31/2005. Replies due by 6/7/2005.- Signed by Honorable Denise Page Hood. (BLew, ) (Entered: 05/03/2005)	Clearinghouse
33	May 11, 2005	ATTORNEY APPEARANCE: Eve C. Gartner appearing on behalf of Planned Parenthood Mid-Michigan Alliance and Planned Parenthood of South Central Michigan.(JJoh, ) (Entered: 05/12/2005)	RECAP
34	May 13, 2005	RESPONSE to 3 MOTION for Preliminary Injunction filed by Michael A. Cox. (Attachments: # 1 Index of Exhibits # 2 Exhibit House Legislative Analysis for House Bill 4603 and Senate Bill 395# 3 Exhibit Senate Fiscal Analysis for Enrolled Senate Bill 395)(Styka, Ronald) (Entered: 05/13/2005)	RECAP
35	May 17, 2005	NOTICE by Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan Notice of Filing (Attachments: # 1 Letter to the Honorable Denise Page Hood# 2 Declaration of Robert J. Kleine (including attachment))(Gartner, Eve) (Entered: 05/17/2005)	RECAP
36	May 17, 2005	CERTIFICATE OF SERVICE by Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan re 35 Notice (Other), Notice (Other) Notice of Filing. (Gartner, Eve) (Entered: 05/17/2005)	RECAP
37	May 19, 2005	MOTION for Order to Consolidate Hearing on Motion for Preliminary Injunction with a Final Hearing on the Merits by all plaintiffs. (Gartner, Eve) (Entered: 05/19/2005)	RECAP
38	May 27, 2005	NOTICE by Standing Together To Oppose Partial-birth-abortion re 35 Notice (Other), Notice (Other) Opposition to Plaintiffs' Notice (Shotzbarger, Julie) (Entered: 05/27/2005)	RECAP
39	May 31, 2005	RESPONSE to 19 MOTION to Dismiss and Brief in Support, 3 MOTION for Preliminary Injunction Reply filed by all plaintiffs. (Camp, Talcott) (Entered: 05/31/2005)	RECAP
40	June 2, 2005	RESPONSE to 37 MOTION for Order to Consolidate Hearing on Motion for Preliminary Injunction with a Final Hearing on the Merits filed by Michael A. Cox. (Styka, Ronald) (Entered: 06/02/2005)	RECAP
42	June 2, 2005	MOTION to Intervene as Amici Curiae by Marty Jo Fleser, Mark Robinson. (LHack, ) (Entered: 06/06/2005)	RECAP
41	June 3, 2005	NOTICE of hearing on 37 MOTION for Order to Consolidate Hearing on Motion for Preliminary Injunction with a Final Hearing on the Merits. Motion Hearing set for 6/14/2005 02:00 PM before Honorable Denise Page Hood. (BLew, ) (Entered: 06/03/2005)	RECAP
43	June 7, 2005	REPLY to Response re 19 MOTION to Dismiss and Brief in Support filed by Michael A. Cox. (Styka, Ronald) (Entered: 06/07/2005)	RECAP
44	June 7, 2005	NOTICE by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Northland Family Planning Clinic, Incorporated - West re 39 Response to Motion Notice of Filing (Camp, Talcott) (Entered: 06/07/2005)	RECAP
	June 13, 2005	Minute Entry -Motions terminated: 27 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Brief in Support AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE BRIEFING WITH PLAINTIFFS' REPLY IN SUPPORT OF PRELIMINARY INJUNCTION filed by Northland Family Planning Clinic, Incorporated,, Northland Family Planning Clinic, Incorporated - West,, Northland Family Planning Clinic, Incorporated - East,, Planned Parenthood of South Central Michigan,, Timothy R. B. Johnson,, Summit Medical Center, Incorporated,, Planned Parenthood Mid-Michigan Alliance,, Stanley M. Berry,, Karoline S. Puder,, Ronald C. Strickler, before Honorable Denise Page Hood. Disposition: DOCUMENT IS ENTITLED MOTION, DOCUMENT IS A BRIEF TO A MOTION (BLew, )
	June 14, 2005	Minute Entry -Motion Hearing held on 6/14/2005 re 10 MOTION to Intervene filed by Standing Together To Oppose Partial-birth-abortion,, 19 MOTION to Dismiss and Brief in Support filed by Michael A. Cox,, 42 MOTION to Intervene filed by Mark Robinson,, Marty Jo Fleser,, 3 MOTION for Preliminary Injunction filed by Northland Family Planning Clinic, Incorporated,, Northland Family Planning Clinic, Incorporated - West,, Northland Family Planning Clinic, Incorporated - East,, Planned Parenthood of South Central Michigan,, Timothy R. B. Johnson,, Summit Medical Center, Incorporated,, Planned Parenthood Mid-Michigan Alliance,, Stanley M. Berry,, Karoline S. Puder,, Ronald C. Strickler, before Honorable Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter C. Warren-Daniel) (BLew, )
	June 14, 2005	Minute Entry -Motion Hearing held on 6/14/2005 re 37 MOTION for Order to Consolidate Hearing on Motion for Preliminary Injunction with a Final Hearing on the Merits filed by Northland Family Planning Clinic, Incorporated,, Northland Family Planning Clinic, Incorporated - West,, Northland Family Planning Clinic, Incorporated - East,, Planned Parenthood of South Central Michigan,, Timothy R. B. Johnson,, Summit Medical Center, Incorporated,, Planned Parenthood Mid-Michigan Alliance,, Stanley M. Berry,, Karoline S. Puder,, Ronald C. Strickler, before Honorable Denise Page Hood. Disposition: GRANTED UPON STIPULATION OF THE PARTIES(Court Reporter C. Warren-Daniel) (BLew, )
45	June 16, 2005	MOTION for Leave to File Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Standing Together To Oppose Partial-birth-abortion. (Muise, Robert) (Entered: 06/16/2005)	RECAP
46	June 28, 2005	RESPONSE to 45 MOTION for Leave to File Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by all plaintiffs. (Camp, Talcott) (Entered: 06/28/2005)	RECAP
47	July 5, 2005	REPLY to Response re 45 MOTION for Leave to File Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Standing Together To Oppose Partial-birth-abortion. (Shotzbarger, Julie) (Entered: 07/05/2005)	RECAP
48	July 11, 2005	NOTICE by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Northland Family Planning Clinic, Incorporated - West (Camp, Talcott) (Entered: 07/11/2005)	RECAP
49	July 14, 2005	NOTICE by Michael A. Cox Notice of Filing (Attachments: # 1 Document Continuation Letter to Honorable Denise Page Hood)(Styka, Ronald) (Entered: 07/14/2005)	RECAP
50	July 14, 2005	NOTICE of Change of Attorney Information by Northland Family Planning Clinic, Incorporated. (Nacht, David) (Entered: 07/14/2005)	RECAP
51	Sept. 7, 2005	NOTICE by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Northland Family Planning Clinic, Incorporated - West (Camp, Talcott) (Entered: 09/07/2005)	RECAP
52	Sept. 12, 2005	MEMORANDUM OPINION and ORDER by Honorable Denise Page Hood denying 45 MOTION for Leave to File Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction, denying 10 MOTION to Intervene, denying 19 MOTION to Dismiss and Brief in Support, granting 37 MOTION for Order to Consolidate Hearing on Motion for Preliminary Injunction with a Final Hearing on the Merits, granting 42 MOTION to Intervene and mooting 3 MOTION for Preliminary Injunction.(ATee, ) (Entered: 09/15/2005)	Clearinghouse
53	Sept. 12, 2005	JUDGMENT by Honorable Denise Page Hood in favor of plaintiffs and against defendants.(ATee, ) (Entered: 09/15/2005)	RECAP
54	Sept. 26, 2005	STIPULATION and Order for Extension of Time for Plaintiffs to Move for Attorneys' Fees and Costs by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Michael A. Cox, Kim L. Worthy, Northland Family Planning Clinic, Incorporated - West.(Gartner, Eve) (Entered: 09/26/2005)	RECAP
55	Sept. 26, 2005	STIPULATION for Extension of Time for Plaintiffs to Move for Attorneys' Fees and Costs by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Michael A. Cox, Kim L. Worthy, Northland Family Planning Clinic, Incorporated - West.(Gartner, Eve) (Entered: 09/26/2005)	RECAP
56	Sept. 30, 2005	ORDER GRANTING re 55 Stipulation,, filed by Northland Family Planning Clinic, Incorporated,, Northland Family Planning Clinic, Incorporated - West,, Northland Family Planning Clinic, Incorporated - East,, Planned Parenthood of South Central Michigan,, Michael A. Cox,, Timothy R. B. Johnson,, Kim L. Worthy,, Summit Medical Center, Incorporated,, Planned Parenthood Mid-Michigan Alliance,, Stanley M. Berry,, Karoline S. Puder,, Ronald C. Strickler, FOR EXTENSION OF TIME TO FILE PETITION FOR ATTORNEY'S FEES AND COSTS. Signed by Honorable Denise Page Hood. (BLew, ) (Entered: 09/30/2005)	RECAP
57	Oct. 7, 2005	NOTICE OF APPEAL by Standing Together To Oppose Partial-birth-abortion re 52 Memorandum Opinion & Order. Receipt No: 5815AA - Fee: $ 255 - Fee Status: Fee Paid. (LBeh, ) (Entered: 10/17/2005)	RECAP
58	Oct. 7, 2005	NOTICE OF APPEAL by Michael A. Cox re 53 Judgment and 52 Memorandum Opinion & Order. Receipt No: 532383 - Fee: $ 255 - Fee Status: Fee Paid. (LBeh, ) (Entered: 10/17/2005)	RECAP
59	Oct. 11, 2005	TRANSCRIPT Order Form by Standing Together To Oppose Partial-birth-abortion re 57 Notice of Appeal. (LBeh, ) (Entered: 10/17/2005)	RECAP
60	Oct. 17, 2005	Certificate of Service re Notices of Appeal 57 and 58 . (LBeh, ) (Entered: 10/17/2005)	RECAP
61	Nov. 23, 2005	TRANSCRIPT of Proceedings held on 6/14/05 of Motions (LHack, ) (Additional attachment(s) added on 4/23/2009: # 1 Document Continuation, # 2 Document Continuation) (LHac). (Entered: 11/28/2005)	RECAP
62	June 7, 2007	APPEAL JUDGMENT from Sixth Circuit as to 57 Notice of Appeal filed by Standing Together To Oppose Partial-birth-abortion, 58 Notice of Appeal filed by Michael A. Cox [Appeal Case Number 05-2417/05-2418] (PPau) (Entered: 06/11/2007)	RECAP
63	July 5, 2007	MANDATE from USCA as to 57 Notice of Appeal filed by Standing Together To Oppose Partial-birth-abortion, 58 Notice of Appeal filed by Michael A. Cox [Appeal Case Number 05-2417, 05-2418] (DHam) (Entered: 07/06/2007)	RECAP
64	Sept. 13, 2007	LETTER from U.S. Supreme Court re 57 Notice of Appeal filed by Standing Together To Oppose Partial-birth-abortion - from Supreme Court that petition for writ of certiorai was filed and placed on docket [Appeal Case Number 07-291] (PPau) (Entered: 09/14/2007)	RECAP
65	Oct. 29, 2007	LETTER from Supreme Court re 57 Notice of Appeal filed by Standing Together To Oppose Partial-birth-abortion, 58 Notice of Appeal filed by Michael A. Cox - petition for a writ of certiorari was filed on 09/04/07 and placed on the docket 09/10/07 as 07-313 [Appeal Case Number 07-313] (DHam) (Entered: 10/30/2007)	RECAP
66	Nov. 1, 2007	Notice of Failure to Comply with ECF Policies and Procedures as to attorney Julie Shotzbarger. (DHam) (Entered: 11/01/2007)	RECAP
67	Nov. 9, 2007	NOTICE of Withdrawal of Attorney Julie Shotzbarger by Standing Together To Oppose Partial-birth-abortion. (Muise, Robert) (Entered: 11/09/2007)	RECAP
68	Jan. 22, 2008	LETTER from SC re 57 and 58 Notices of Appeal; petition for writ of certiorari is denied. [Appeal Case Number 05-2417 and 05-2418] (DPer) (Entered: 01/23/2008)	RECAP
69	Jan. 22, 2008	LETTER from SC re 57 and 58 Notices of Appeal; petition for writ of certiorari is denied. [Appeal Case Number 05-2417 and 05-2418] (DPer) (Entered: 01/23/2008)	RECAP
70	Feb. 29, 2008	[RULE 11 VIOLATION] STIPULATION To Extend Time for Plaintiffs to Move for Attorneys' Fees and Costs by Northland Family Planning Clinic, Incorporated - East, Summit Medical Center, Incorporated, Planned Parenthood Mid-Michigan Alliance, Planned Parenthood of South Central Michigan, Northland Family Planning Clinic, Incorporated, Stanley M. Berry, Timothy R. B. Johnson, Karoline S. Puder, Ronald C. Strickler, Michael A. Cox, Northland Family Planning Clinic, Incorporated - West (Camp, Talcott) Modified on 3/3/2008 (RHut). (Entered: 02/29/2008)	RECAP
71	March 7, 2008	STIPULATION AND ORDER Extending Time for Plaintiffs to Move for Attorneys' Fees and Costs. Signed by Honorable Denise Page Hood. (BLew) (Entered: 03/07/2008)	RECAP
72	April 7, 2008	STIPULATION AND ORDER Regarding Attorney Fees Signed by District Judge Denise Page Hood. (BLew) (Entered: 04/07/2008)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 1, 2005

Closing Date: April 7, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

reproductive health care facilities and physicians

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Prosecuting Attorney for Wayne County

State

Attorney General of the State of Michigan

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Eastern District of Michigan 2:05-cv-70779

U.S. Court of Appeals for the Sixth Circuit 05-02417

U.S. Court of Appeals for the Sixth Circuit 05-02418

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 337,500

Issues

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

Criminalization

Method-based abortion procedures

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

Recommended Citation

Case Summary of Northland Family Planning Clinic, Inc. v. Cox, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43180/ (last updated 2/17/2022).