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…

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 injury or death of a perinate because of an abortion. There were two exceptions for these penalties: if the procedure was necessary to save the life of the mother or to prevent an imminent threat to the health of the mother.

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)

Documents in the Clearinghouse

Document
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

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
72

2:05-cv-70779

Opinion

Northland Family Planning Clinic, Inc. v Cox

April 7, 2008

April 7, 2008

Order/Opinion

Resources

Docket

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

Last updated Sept. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by all plaintiffs against all defendants, Receipt No. 521973.(DTyle, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

Clearinghouse
2

MOTION for Leave to File Excess Pages by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

PACER
3

MOTION for Preliminary Injunction by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

PACER
4

BRIEF in Support re 3 MOTION for Preliminary Injunction filed by all plaintiffs. (Attachments: # 1 Document Continuation)(DTyle, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

PACER
5

MOTION for Expedited hearing on plaintiffs' motoin for preliminary injunction by all plaintiffs. (DTyle, ) (Entered: 03/03/2005)

March 1, 2005

March 1, 2005

PACER
6

(FILED IN ERROR) Sealed Matter.(DHame, ) Modified on 4/6/2005 (DHame, ). (Entered: 03/04/2005)

March 2, 2005

March 2, 2005

PACER
7

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)

March 4, 2005

March 4, 2005

PACER
8

NOTICE of Appearance by Santiago Rios, Ronald J. Styka on behalf of Michael A. Cox. (LHack, ) (Entered: 03/09/2005)

March 8, 2005

March 8, 2005

PACER
9

CERTIFICATE OF SERVICE re 7 Order (LHack, ) (Entered: 03/11/2005)

March 8, 2005

March 8, 2005

PACER
12

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)

March 14, 2005

March 14, 2005

PACER
10

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)

March 16, 2005

March 16, 2005

PACER
11

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)

March 17, 2005

March 17, 2005

PACER

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, )

March 17, 2005

March 17, 2005

PACER
13

MOTION for Extension of Time to File Answer re 1 Complaint by Michael A. Cox. (Styka, Ronald) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

PACER
14

STIPULATION for Enlargement of Time in Which to File Responsive Pleading by Michael A. Cox.(Styka, Ronald) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

PACER
15

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)

April 4, 2005

April 4, 2005

PACER
16

SUMMONS Returned Executed. Kim L. Worthy served on 3/2/2005, answer due 3/22/2005 (LHack, ) (Entered: 04/05/2005)

April 4, 2005

April 4, 2005

PACER
17

SUMMONS Returned Executed. Michael A. Cox served on 3/2/2005, answer due 3/22/2005 (LHack, ) (Entered: 04/05/2005)

April 4, 2005

April 4, 2005

PACER
18

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)

April 11, 2005

April 11, 2005

PACER
19

MOTION to Dismiss and Brief in Support by Michael A. Cox. (Attachments: # 1 Index of Exhibits # 2 Exhibit)(Styka, Ronald) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

PACER
22

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)

April 11, 2005

April 11, 2005

PACER
20

ATTORNEY APPEARANCE: Julie Shotzbarger appearing on behalf of Standing Together To Oppose Partial-birth-abortion.(Shotzbarger, Julie) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

PACER
21

CERTIFICATE OF SERVICE by Standing Together To Oppose Partial-birth-abortion for Notice of Appearance of Counsel. (Shotzbarger, Julie) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

PACER
23

NOTICE of Appearance by Timothy A. Baughman on behalf of Kim L. Worthy. (LHack, ) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

PACER
24

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)

April 15, 2005

April 15, 2005

PACER
25

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)

April 20, 2005

April 20, 2005

PACER
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 by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

PACER
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 by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

PACER
28

MOTION to Expedite MOTION FOR CONSOLIDATED BRIEFING by all plaintiffs. (Rosenthal, Linda) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

PACER
29

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)

April 29, 2005

April 29, 2005

PACER
30

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)

May 2, 2005

May 2, 2005

PACER
31

ANSWER to Complaint with Affirmative Defenses by Michael A. Cox.(Styka, Ronald) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
32

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)

May 2, 2005

May 2, 2005

Clearinghouse
33

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)

May 11, 2005

May 11, 2005

PACER
34

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)

May 13, 2005

May 13, 2005

PACER
35

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)

May 17, 2005

May 17, 2005

PACER
36

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)

May 17, 2005

May 17, 2005

PACER
37

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)

May 19, 2005

May 19, 2005

PACER
38

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)

May 27, 2005

May 27, 2005

PACER
39

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)

May 31, 2005

May 31, 2005

PACER
40

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)

June 2, 2005

June 2, 2005

PACER
42

MOTION to Intervene as Amici Curiae by Marty Jo Fleser, Mark Robinson. (LHack, ) (Entered: 06/06/2005)

June 2, 2005

June 2, 2005

PACER
41

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)

June 3, 2005

June 3, 2005

PACER
43

REPLY to Response re 19 MOTION to Dismiss and Brief in Support filed by Michael A. Cox. (Styka, Ronald) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

PACER
44

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)

June 7, 2005

June 7, 2005

PACER

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 13, 2005

June 13, 2005

PACER

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

June 14, 2005

PACER

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, )

June 14, 2005

June 14, 2005

PACER
45

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)

June 16, 2005

June 16, 2005

PACER
46

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)

June 28, 2005

June 28, 2005

PACER
47

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)

July 5, 2005

July 5, 2005

PACER
48

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)

July 11, 2005

July 11, 2005

PACER
49

NOTICE by Michael A. Cox Notice of Filing (Attachments: # 1 Document Continuation Letter to Honorable Denise Page Hood)(Styka, Ronald) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
50

NOTICE of Change of Attorney Information by Northland Family Planning Clinic, Incorporated. (Nacht, David) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
51

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)

Sept. 7, 2005

Sept. 7, 2005

PACER
52

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)

Sept. 12, 2005

Sept. 12, 2005

Clearinghouse
53

JUDGMENT by Honorable Denise Page Hood in favor of plaintiffs and against defendants.(ATee, ) (Entered: 09/15/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
54

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)

Sept. 26, 2005

Sept. 26, 2005

PACER
55

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)

Sept. 26, 2005

Sept. 26, 2005

PACER
56

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)

Sept. 30, 2005

Sept. 30, 2005

PACER
57

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)

Oct. 7, 2005

Oct. 7, 2005

PACER
58

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)

Oct. 7, 2005

Oct. 7, 2005

PACER
59

TRANSCRIPT Order Form by Standing Together To Oppose Partial-birth-abortion re 57 Notice of Appeal. (LBeh, ) (Entered: 10/17/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
60

Certificate of Service re Notices of Appeal 57 and 58 . (LBeh, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

PACER
61

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)

Nov. 23, 2005

Nov. 23, 2005

PACER
62

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)

June 7, 2007

June 7, 2007

PACER
63

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)

July 5, 2007

July 5, 2007

PACER
64

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)

Sept. 13, 2007

Sept. 13, 2007

PACER
65

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)

Oct. 29, 2007

Oct. 29, 2007

PACER
66

Notice of Failure to Comply with ECF Policies and Procedures as to attorney Julie Shotzbarger. (DHam) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
67

NOTICE of Withdrawal of Attorney Julie Shotzbarger by Standing Together To Oppose Partial-birth-abortion. (Muise, Robert) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

PACER
68

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)

Jan. 22, 2008

Jan. 22, 2008

PACER
69

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)

Jan. 22, 2008

Jan. 22, 2008

PACER
70

[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)

Feb. 29, 2008

Feb. 29, 2008

PACER
71

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)

March 7, 2008

March 7, 2008

PACER
72

STIPULATION AND ORDER Regarding Attorney Fees Signed by District Judge Denise Page Hood. (BLew) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

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):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the State of Michigan, State

Prosecuting Attorney for Wayne County, County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 337,500

Order Duration: 2005 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Method-based abortion procedures

General:

Abortion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

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