Case: Hope Medical Group for Women v. LeBlanc

2:06-cv-09176 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 27, 2006

Closed Date: March 3, 2008

Clearinghouse coding complete

Case Summary

This is a lawsuit challenging a Louisiana abortion restriction requiring that all abortion providers be OB/GYNs. After the Louisiana State Board of Medical Examiners tried to discipline a non-obstetrician-gynecologist physician for performing a first-trimester abortion, Hope Medical Group for Women—a medical clinic that provides abortions—and the non-OB/GYN physician disciplined for providing abortions at the clinic brought this suit in the Eastern District of Louisiana on October 26, 2006. Rep…

This is a lawsuit challenging a Louisiana abortion restriction requiring that all abortion providers be OB/GYNs. After the Louisiana State Board of Medical Examiners tried to discipline a non-obstetrician-gynecologist physician for performing a first-trimester abortion, Hope Medical Group for Women—a medical clinic that provides abortions—and the non-OB/GYN physician disciplined for providing abortions at the clinic brought this suit in the Eastern District of Louisiana on October 26, 2006. Represented by the Center for Reproductive Rights, they sued the Louisiana State Board of Medical Examiners under the Fourteenth Amendment of the U.S. Constitution and 42 U.S.C. § 1983, asserting that the requirement violated patients’ right to privacy and physicians’ right to practice medicine and seeking to enjoin such disciplinary actions. The plaintiffs argued that one-third of first-trimester abortions nationwide were performed by non-obstetrician-gynecologists. 

The case was initially assigned to Judge Lance M. Africk. One week after the lawsuit was filed, Judge Africk issued an order inviting the parties to advise the court of any concerns with his continued participation in the case due to a conflict of interest. Several days later, on November 7, 2006, the case was transferred to Judge Ivan L. R. Lemelle for further proceedings. While this transfer was occurring, the matter was temporarily reassigned to Judge Martin L. C. Feldman. In June 2007, the case was transferred to Judge G. Thomas Porteous, Jr., for further proceedings, before being transferred back to Judge Lemelle in March 2008. It is unclear from the filings why this transfer occurred, but it was one of thirty-six cases on Judge Lemelle’s docket that was transferred at that time.

Upon filing this lawsuit, the clinic moved for a preliminary injunction, while Louisiana moved for dismissal of the case. The court denied both motions in late November 2006, and the litigation continued. Louisiana immediately appealed the denial of its motion, while the clinic again asked the court to issue a preliminary injunction while the state's appeal was pending. The Fifth Circuit Court of Appeals affirmed the denial of the defendant's motion in January 2008.

The clinic filed an amended complaint in mid-November 2006 adding an additional physician plaintiff and a second amended complaint in June 2007 which returned to the original plaintiffs. Discovery disputes continued, with the plaintiff filing multiple motions to compel discovery in 2007.

In July 2007, members of the Board of Medical Examiners who had been sued in their individual and official capacities asked the court for leave to file a motion to dismiss the complaint’s claims for individual liability. The court granted permission to file the motion, and the defendants did so in mid-July.

The clinic moved for partial summary judgment in February 2008, and the Board filed a motion to dismiss the clinic's claims. These motions were never decided, and Judge Porteous dismissed the case without prejudice in March 2008 due to the parties having reached a settlement. The settlement included a retreat from the Board’s position that only OB/GYNs are competent to perform abortion, and an agreement that the Board would commission a formal study of the appropriate standard of care for first trimester abortions. The Board also agreed to drop charges against the physician plaintiff. Upon completion of the study, the Board released an advisory opinion outlining the amount of training required to perform first-trimester abortions, but did not require residency training in obstetrics and gynecology. The settlement was approved by Judge Lemelle in April 2008. The stipulated settlement was sealed.

Summary Authors

Jane Fisher (4/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4766982/parties/hope-medical-group-for-women-v-leblanc/

Documents in the Clearinghouse

Document
1

[Untitled]

Oct. 27, 2006 None

Second Amended Complaint

None None

Resources

Title Description External URL

Hope Medical Group for Women v. Lorraine LeBlanc

Center for Reproductive Rights

The Center is challenging a Louisiana law that creates unlimited civil liability for any harm to a woman or fetus arising from an abortion and excludes abortion providers from the benefits of the Sta… https://reproductiverights.org/...

Hope Medical Group for Women v. Kim Edward Leblanc

Center for Reproductive Rights

This is the Center for Reproductive Rights' case description of Hope Medical Group for Women v. Kim Edward Leblanc Oct. 1, 2006 https://reproductiverights.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4766982/hope-medical-group-for-women-v-leblanc/

Last updated May 16, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants (Filing fee $ 350.) filed by all plaintiffs. (Attachments: # 1 Civil Cover Sheet)(ijg, ) (Entered: 10/30/2006)

1 Civil Cover Sheet

View on PACER

Oct. 27, 2006 Clearinghouse
2

Summons Issued as to Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Cecilia Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa. (ijg, ) (Entered: 10/30/2006)

Oct. 30, 2006 PACER
3

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by all plaintiffs. (Attachments: # 1 Memorandum in Support # 2 Exhibit # 3 Declarations of Stanley K. Henshaw, PhD, K.P., M.D., Robin Rothrock# 4 Proposed Order (Unsigned))(ijg, ) (Entered: 10/31/2006)

Oct. 30, 2006 PACER
4

Minute Entry for proceedings held before Judge Lance M Africk : The court has received plaintiffs' 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order filed by Hope Medical Group for Women,, K. P. Defendants shall submit a written response to the Court no later than 11/1/2006 at 9:00 AM. (ijg, ) (Entered: 11/02/2006)

Oct. 30, 2006 PACER
9

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Declaration and Certificate of Good Standing)(ijg, ) (Entered: 11/03/2006)

Oct. 30, 2006 PACER
6

EXPARTE/CONSENT MOTION for Protective Order by all plaintiffs. (Attachments: # 1 Memorandum in Support)(ijg, ) (Entered: 11/02/2006)

Oct. 31, 2006 PACER
7

PROTECTIVE ORDER. Signed by Judge Lance M Africk.(ijg, ) (Entered: 11/02/2006)

Oct. 31, 2006 PACER
10

ORDER granting 9 Motion to Appear Pro Hac Vice as to Simon Heller. . Signed by Judge Lance M Africk on 10/30/2006. (ijg, ) (Entered: 11/03/2006)

Oct. 31, 2006 PACER
5

Minute Entry for proceedings held before Judge Lance M Africk : Telephone Conference held on 11/1/2006 re motion for a TRO. (ijg, ) (Entered: 11/02/2006)

Nov. 1, 2006 PACER
8

ORDER : Should any party have a question about my continuedparticipation in this case, that party shall advise the Court in writing of its concern within two (2)days of the receipt of this order . Signed by Judge Lance M Africk.(ijg, ) (Entered: 11/02/2006)

Nov. 2, 2006 RECAP
11

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit)(ijg, ) (Entered: 11/03/2006)

Nov. 2, 2006 PACER
14

EXPARTE/CONSENT MOTION to Expedite Hearing by all defendants. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(ijg, ) (Entered: 11/07/2006)

Nov. 2, 2006 PACER
12

REPLY to Response to Motion filed by all plaintiffs re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. (Attachments: # 1 Declaration of David Grimes, M.D.# 2 Curriculum Vitae of David A. Grimes, M.D.)(ijg, ) (Entered: 11/03/2006)

Nov. 3, 2006 PACER
15

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 13 MOTION to Dismiss Case. (ijg, ) (Entered: 11/07/2006)

Nov. 3, 2006 PACER
16

ORDER Denying 3 MOTION for Temporary Restraining Order. A 3 Preliminary Injunction hearing will be held on 11/14/2006 9:00 AM. A telephone conference will be held on 11/6/2006 2:00 PM. Further Ordered that dfts' 14 MOTION to Expedite is Granted, and their 13 MOTION to Dismiss Case is Denied. Signed by Judge Lance M Africk.(ijg, ) (Entered: 11/07/2006)

Nov. 3, 2006 PACER
13

MOTION to Dismiss Case by all defendants. (Attachments: # 1 Memorandum in Support # 2 Exhibit # 3 Proposed Order)(ijg, ) (Entered: 11/07/2006)

Nov. 6, 2006 PACER
17

ORDER TRANSFERRING CASE. Case transferred to Judge Ivan L. R. Lemelle for all further proceedings. Judge Lance M Africk no longer assigned to case. Signed by Judge Lance M Africk.(ijg, ) (Entered: 11/07/2006)

Nov. 7, 2006 PACER
21

Notice of Intention to Take Further Administrative Action in Compliance with 11/3/06 Order by all defendants. (Attachments: # 1 Exhibit)(gec, ) (Entered: 11/14/2006)

Nov. 7, 2006 PACER
19

Minute Entry for proceedings held before Judge Martin L.C. Feldman : TRO Conference held on 11/8/2006. (caa, ) (Entered: 11/09/2006)

Nov. 8, 2006 PACER
20

ORDER denying Plaintiffs' Renewed Motion for a Temporary Restraining Order as set forth in document. Signed by Judge Martin L.C. Feldman on 11/8/06.(gec, ) (Entered: 11/09/2006)

Nov. 8, 2006 PACER
22

ORDER that this matter is temporarily reallotted to Judge Martin L.C. Feldman. Signed by Judge Helen G. Berrigan on 11/8/06.(gec, ) (Entered: 11/15/2006)

Nov. 8, 2006 PACER
46

Renewed MOTION for Temporary Restraining Order by all plaintiffs. (lag, ) Additional attachment(s) added on 12/8/2006 (lag, ). (Entered: 12/06/2006)

Nov. 8, 2006 PACER
18

ORDER Setting/Resetting Hearing on 13 MOTION to Dismiss Case, 3 MOTION for Preliminary Injunction: Motion Hearing set for 11/14/2006 09:00 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle on 11/8/06.(gec, ) (Entered: 11/09/2006)

Nov. 9, 2006 PACER
24

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by all defendants. (cms, ) (Entered: 11/17/2006)

Nov. 13, 2006 PACER
26

EXPARTE/CONSENT MOTION for Leave to File Supplemental Opposition by all defendants. (cms, ) (Entered: 11/17/2006)

Nov. 13, 2006 PACER
29

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by Hope Medical Group for Women, K. P.. (cms, ) (Entered: 11/17/2006)

Nov. 13, 2006 PACER
23

ORDER Setting/Resetting Hearing on 13 MOTION to Dismiss Case, 3 MOTION for Preliminary Injunction: Motion Hearing continued to 11/20/2006 09:00 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle on 11/13/06.(gec, ) (Entered: 11/15/2006)

Nov. 15, 2006 PACER
25

ORDER granting 24 Motion for Leave to File Supplemental Memorandum. Signed by Judge Martin L.C. Feldman on 11/14/2006. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
27

ORDER granting 26 Motion for Leave to File Supplemental Opposition . Signed by Judge Martin L.C. Feldman on 11/14/2006. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
28

Supplemental Memorandum filed by all defendants, in opposition of 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
30

ORDER granting 29 Motion for Leave to File Supplemental Memorandum. Signed by Judge Martin L.C. Feldman on 11/14/2006. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
31

Supplemental Memorandum filed by Hope Medical Group for Women, K. P., in opposition of 13 MOTION to Dismiss Case. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
32

Supplemental Memorandum filed by all defendants, in support of 13 MOTION to Dismiss Case. (cms, ) (Entered: 11/17/2006)

Nov. 15, 2006 PACER
35

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Stephanie Toti (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Certificate)(lag, ) (Entered: 11/27/2006)

Nov. 17, 2006 PACER
37

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Sanfor Cohen (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Exhibit # 2 Certificate)(lag, ) (Entered: 11/27/2006)

Nov. 17, 2006 PACER
39

AMENDED COMPLAINT against all defendants filed by all plaintiffs.(lag, ) (Entered: 12/01/2006)

Nov. 17, 2006 PACER
40

Memorandum by all plaintiffs in reply to 28 Supplemental Memorandum in opp to plas' request for TRO & preliminary injunction. (lag, ) (Entered: 12/01/2006)

Nov. 17, 2006 PACER
41

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Katherine Grainger (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Exhibit # 2 Certificate)(lag, ) (Entered: 12/01/2006)

Nov. 17, 2006 PACER
33

Minute Entry for proceedings held before Judge Ivan L. R. Lemelle : Motion Hearing held on 11/20/2006 re 13 MOTION to Dismiss Case filed by defendants, 3 MOTION for Preliminary Injunction filed by plaintiffs; Motions DENIED.(Court Reporter Wendy Ricard.) (lag, ) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
36

ORDER granting 35 Motion to Appear Pro Hac Vice as to Stephanie Toti.. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 11/27/2006)

Nov. 20, 2006 PACER
38

ORDER granting 37 Motion to Appear Pro Hac Vice as to Sanford M. Cohen.. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 11/27/2006)

Nov. 20, 2006 PACER
34

ORDER denying 3 MOTION for Preliminary Injunction, 13 MOTION to Dismiss Case . Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
42

ORDER granting 41 Motion to Appear Pro Hac Vice as to Katherine Grainger.. Signed by Judge Ivan L. R. Lemelle on 11/20/06. (lag, ) (Entered: 12/01/2006)

Dec. 1, 2006 PACER
43

ERROR: WRONG EVENT - NOTICE by Hope Medical Group for Women, K. P. of Appeal. (Cohen, Sanford) Modified on 12/4/2006 (lag, ). (Entered: 12/01/2006)

Dec. 1, 2006 PACER
44

NOTICE OF APPEAL by Hope Medical Group for Women, K. P. as to 34 Order. (lag, ) (Entered: 12/04/2006)

Dec. 1, 2006 PACER
45

Correction of Docket Entry by Clerk re 43 Notice (Other) ; Signature on document must match filer; Wrong event - should have been filed as Notice of Appeal (under Appeal Documents); re-docketed as doc. no. 44 (lag, ) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
47

MOTION for Certification under 28:1292(b) by all defendants. Motion Hearing set for 1/31/2007 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Notice of Hearing)(lag, ) (Entered: 12/08/2006)

Dec. 6, 2006 PACER
48

NOTICE OF APPEAL by all defendants as to 34 Order. Filing fee $ 455. (lag, ) (Entered: 12/08/2006)

Dec. 6, 2006 PACER
49

ERROR: SHOULD BE ATTACHMENT TO MOTION TO EXPEDITE - MOTION for Injunction Pending Appeal by all plaintiffs. (Attachments: # 1 Proposed Order # 2 Memorandum in Support # 3 Transcript of PI Hearing (11/20/06)# 4 Paul Declaration (12/11/06)# 5 Rothrock Declaration (12/12/06)# 6 Certificate of Service)(Toti, Stephanie) Modified on 12/14/2006 (lag, ). (Entered: 12/13/2006)

Dec. 13, 2006 PACER
50

EXPARTE/CONSENT MOTION to Expedite plaintiffs' Motion for Injunction Pending Appeal by all plaintiffs. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Toti, Stephanie) Additional attachment(s) added on 12/14/2006 (lag, ). Modified on 12/14/2006 (lag, ). (Entered: 12/13/2006)

Dec. 13, 2006 PACER
51

Correction of Docket Entry by Clerk re 49 MOTION for Injunction Pending Appeal ; Document should be attached as Proposed Pleading to Motion to Expedite (doc. no. 50); Document must include "s/" with typed name on signature line. (lag, ) (Entered: 12/14/2006)

Dec. 14, 2006 PACER
52

Correction of Docket Entry by Clerk re 50 MOTION to Expedite plaintiffs' Motion for Injunction Pending Appeal ; Motion should be designated as "Exparte/Consent"; Document must include "s/" and typed name on signature line. (lag, ) (Entered: 12/14/2006)

Dec. 14, 2006 PACER
53

APPEAL TRANSCRIPT REQUEST by all defendants re 48 Notice of Appeal. (Attachments: # 1 FRAP 10(b) Certificate)(Ward, Raymond) (Entered: 12/15/2006)

Dec. 15, 2006 PACER
55

APPEAL TRANSCRIPT REQUEST by all defendants (ala, ) (Entered: 12/22/2006)

Dec. 18, 2006 PACER
54

ORDER denying 50 Motion to Expedite hrg on Mtn for Injunction Pending Appeal. Signed by Judge Ivan L. R. Lemelle on 12/15/06. (lag, ) (Entered: 12/19/2006)

Dec. 19, 2006 PACER
58

ORDER of USCA as to 48 Notice of Appeal, 44 Notice of Appeal(lag, ) (Entered: 01/25/2007)

Jan. 4, 2007 PACER
61

ORDER denying 47 Motion for certification under 28:1292(b). Signed by Judge Ivan L. R. Lemelle on 2/12/07. (lag, ) (Entered: 02/14/2007)

Feb. 13, 2007 PACER
60

ANSWER to Amended Complaint, ANSWER to Complaint by Defendants Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Hawkins Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa.(Ward, Raymond) Modified on 2/15/2007 (lag, ). (Entered: 02/14/2007)

Feb. 14, 2007 PACER
62

USCA Briefing Notice as to 48 Notice of Appeal, 44 Notice of Appeal. (lag, ) (Entered: 03/05/2007)

Feb. 27, 2007 PACER
63

NOTICE by all defendants re 34 Order Notice of further administrative action. (Attachments: # 1 Exhibit La. State Bd. Med. Examrs. Order setting hearing)(Ward, Raymond) (Entered: 03/13/2007)

March 13, 2007 PACER
64

MOTION to Dismiss for Lack of Jurisdiction on grounds of mootness by Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Hawkins Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa. Motion Hearing set for 5/9/2007 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing (Ward, Raymond) Modified on 3/23/2007 (lag, ). (Entered: 03/22/2007)

March 22, 2007 PACER
65

MOTION for Protective Order, MOTION to Quash Depositions, MOTION to Stay Discovery by Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Hawkins Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 4/11/2007 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Notice of Hearing # 2 Memorandum in Support # 3 Exhibit Exh.A Subpoena and notice of deposition# 4 Exhibit Exh B Subpoena and notice of deposition# 5 Exhibit Exh C Subpoena and notice of deposition# 6 Exhibit Exh D E-mail rescheduling depositions# 7 Exhibit Exh E Dicovery rulings in Borg v. Cook)(Ward, Raymond) (Entered: 03/22/2007)

March 22, 2007 PACER
66

Request/Statement of Oral Argument by all defendants regarding 64 MOTION to Dismiss for Lack of Jurisdiction on grounds of mootness. (lag, ) Additional attachment(s) added on 3/23/2007 (lag, ). (Entered: 03/23/2007)

March 23, 2007 PACER
67

Correction of Docket Entry by Clerk re 64 MOTION to Dismiss for Lack of Jurisdiction on grounds of mootness ; Request for Oral Argument should be separate docket entry - not attached to motion; Re-filed as doc. no. 66, by clerk. (lag, ) (Entered: 03/23/2007)

March 23, 2007 PACER
68

EXPARTE/CONSENT MOTION to Continue hearing of motion for protective order, for stay of discovery, and to quash depositions by Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Hawkins Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Ward, Raymond) (Entered: 04/03/2007)

April 3, 2007 PACER
69

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 64 MOTION to Dismiss for Lack of Jurisdiction on grounds of mootness. (Attachments: # 1 Affidavit Rothrock Declaration# 2 Affidavit Toti Declaration# 3 Affidavit Certificate of Service)(Toti, Stephanie) (Entered: 04/10/2007)

April 10, 2007 PACER
70

Request/Statement of Oral Argument by all plaintiffs regarding 64 Motion to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Affidavit Certificate of Service)(Toti, Stephanie) Modified on 4/11/2007 (lag, ). (Entered: 04/10/2007)

April 10, 2007 PACER
71

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 65 MOTION for Protective Order MOTION to Quash Depositions MOTION to Stay Discovery. (Attachments: # 1 Affidavit Certificate of Service)(Toti, Stephanie) (Entered: 04/10/2007)

April 10, 2007 PACER
72

Request/Statement of Oral Argument by all plaintiffs regarding 65 MOTION for Protective Order MOTION to Quash Depositions MOTION to Stay Discovery. (Attachments: # 1 Affidavit Certificate of Service)(Toti, Stephanie) Modified on 4/11/2007 (lag, ). (Entered: 04/10/2007)

April 10, 2007 PACER
73

Correction of Docket Entry by Clerk re 71 Response/Memorandum in Opposition to Motion, 69 Response/Memorandum in Opposition to Motion; Signature on document does not match filer. Attorney is advised of this signature requirement. No further action is required for this pleading. (lag, ) (Entered: 04/11/2007)

April 11, 2007 PACER
74

Correction of Docket Entry by Clerk re 70 Request/Statement of Oral Argument ; Signature on document does not match filer. Also, Document should be linked to said Motion, doc. no. 64. Corrective action taken by clerk. No further action required for this pleading. (lag, ) (Entered: 04/11/2007)

April 11, 2007 PACER
75

Correction of Docket Entry by Clerk re 72 Request/Statement of Oral Argument; Signature on document does not match filer. Also, Document should be linked to said Motion, doc. no. 65. Corrective action taken by clerk. No further action required for this pleading (lag, ) (Entered: 04/11/2007)

April 11, 2007 PACER
76

First MOTION for Leave to File a Second Amended Complaint by Hope Medical Group for Women, K. P.. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 5/2/2007 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Exhibit A- Proposed Second Amended Complaint# 2 Exhibit B- Blackline# 3 Notice of Hearing # 4 Proposed Order # 5 Memorandum in Support # 6 Exhibit Local Rule 7.6 Compliance Certificate# 7 Exhibit Certificate of Service)(Cohen, Sanford) (Entered: 04/11/2007)

April 11, 2007 PACER
77

MOTION to Compel, MOTION for Discovery by Hope Medical Group for Women, K. P.. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 5/2/2007 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Exhibit A-I (Correspondence)# 2 Exhibit J (Plaintiffs' First Set of Interrogatories)# 3 Exhibit K (Plaintiffs' First Set of Document Requests)# 4 Notice of Hearing # 5 Proposed Order # 6 Memorandum in Support # 7 Exhibit Local Rule 37.1 Compliance Certificate# 8 Exhibit Certificate of Service)(Cohen, Sanford) (Entered: 04/11/2007)

April 11, 2007 PACER
78

ORDER Setting/Resetting Hearing on 65 MOTION for Protective Order MOTION to Quash Depositions MOTION to Stay Discovery : Motion Hearing reset for 4/18/2007 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby.(car, ) (Entered: 04/13/2007)

April 13, 2007 PACER
79

Second MOTION for Preliminary Injunction by Hope Medical Group for Women, K. P.. Motion Hearing set for 5/9/2007 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Exhibit A- Hullinger Letter# 2 Exhibit B- DHH Subpoena# 3 Exhibit C- Administrative Order# 4 Notice of Hearing # 5 Proposed Order # 6 Memorandum in Support # 7 Affidavit of Service)(Cohen, Sanford) (Entered: 04/13/2007)

April 13, 2007 PACER
80

Request/Statement of Oral Argument by all plaintiffs regarding 79 Second MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit of Service)(Cohen, Sanford) (Entered: 04/13/2007)

April 13, 2007 PACER
81

ORDER granting oral argument on 65 MOTION for Protective Order MOTION to Quash Depositions MOTION to Stay Discovery : Motion Hearing set for 4/18/2007 11:00 AM before Magistrate Judge Karen Wells Roby.. Signed by Judge Karen Wells Roby.(car, ) (Entered: 04/16/2007)

April 13, 2007 PACER
83

Minute Entry for proceedings held before Judge Karen Wells Roby : Motion Hearing held on 4/18/2007 re 65 MOTION for Protective Order MOTION to Quash Depositions MOTION to Stay Discovery filed by Tonya Hawkins Sheppard, Kim Edward LeBlanc, Linda Gage-White, Keith C Ferdinand, Melvin G. Bourgeois, Kevin J. Amusa, Mark Dawson, Cecilia Mouton. Mtn submitted. (car, ) (Entered: 04/24/2007)

April 18, 2007 PACER
82

ORDER that Request for Oral Argument on Renewed Motion for Preliminary Injunction is DENIED; Further ORDERED 64 MOTION to Dismiss for Lack of Jurisdiction on grounds of mootness will be heard WITH Oral Argument on 5/23/2007 09:00 AM before Judge Ivan L. R. Lemelle.. Signed by Judge Ivan L. R. Lemelle on 4/20/07.(lag, ) (Entered: 04/23/2007)

April 23, 2007 PACER
84

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 77 MOTION to Compel MOTION for Discovery. (McKinney, Don) (Entered: 04/24/2007)

April 24, 2007 PACER
85

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 76 First MOTION for Leave to File a Second Amended Complaint. (McKinney, Don) (Entered: 04/24/2007)

April 24, 2007 PACER
86

ORDER denying 65 Motion for Protective Order, Motion to Quash, Motion to Stay. Signed by Judge Karen Wells Roby on 4/25/07. (car, ) (Entered: 04/26/2007)

April 26, 2007 RECAP
87

ORDER Setting/Resetting ORAL argument on 76 First MOTION for Leave to File a Second Amended Complaint, 77 MOTION to Compel MOTION for Discovery: Motion Hearing set for 5/2/2007 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby on 4/26/07.(car, ) (Entered: 04/30/2007)

April 27, 2007 PACER
88

DEFICIENT REPLY to Response to Motion filed by all plaintiffs re 76 First MOTION for Leave to File a Second Amended Complaint. (Cohen, Sanford) Modified on 5/1/2007 (lag, ). (Entered: 04/30/2007)

April 30, 2007 PACER
89

DEFICIENT REPLY to Response to Motion filed by all plaintiffs re 77 MOTION to Compel MOTION for Discovery. (Cohen, Sanford) Modified on 5/1/2007 (lag, ). (Entered: 04/30/2007)

April 30, 2007 PACER
90

ERROR: SHOULD BE ATTACHMENT - CERTIFICATE OF SERVICE by all plaintiffs re 89 Reply to Response to Motion, 88 Reply to Response to Motion. (Toti, Stephanie) Modified on 5/1/2007 (lag, ). (Entered: 04/30/2007)

April 30, 2007 PACER
91

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion for Leave to File a Second Amended Complaint by Hope Medical Group for Women, K. P.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order # 2 Proposed Pleading (Reply Memorandum)# 3 Affidavit of Service)(Cohen, Sanford) Modified on 5/2/2007 (lag, ). (Entered: 05/01/2007)

May 1, 2007 PACER
92

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion for an Order Compelling Discovery and for Reasonable Expenses by Hope Medical Group for Women, K. P.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order # 2 Proposed Pleading (Reply Memorandum)# 3 Affidavit of Service)(Cohen, Sanford) Modified on 5/2/2007 (lag, ). (Entered: 05/01/2007)

May 1, 2007 PACER
93

RESPONSE/MEMORANDUM in Opposition filed by all defendants re 79 Second MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit A: 5th Cir. order denying injunction# 2 Exhibit B: Excerpts from Dr. Mouton deposition)(Ward, Raymond) Modified on 5/2/2007 (lag, ). (Entered: 05/01/2007)

May 1, 2007 PACER
94

Correction of Docket Entry by Clerk re 91 MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion for Leave to File a Second Amended Complaint, 92 MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion for an Order Compelling Discovery and for Reasonable Expenses ; These motions should have been designated "Exparte/Consent" by answering "Yes" when prompted. Corrective action taken by clerk. (lag, ) (Entered: 05/02/2007)

May 2, 2007 PACER
95

Correction of Docket Entry by Clerk re 93 Memorandum; Wrong event used. Should have been filed as "Response/Memorandum in Opposition" under "Responses/Replies" to Motions. Corrective action taken by clerk. (lag, ) (Entered: 05/02/2007)

May 2, 2007 PACER
96

TRANSCRIPT of Motion Hearing held on 4/18/07 before Judge Karen Wells Roby, re 48 Notice of Appeal, 44 Notice of Appeal. Court Reporter: Barry Johson. (lag, ) (Entered: 05/02/2007)

May 2, 2007 PACER
97

MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 86 Order on Motion for Protective Order, Order on Motion to Quash, Order on Motion to Stay by Melvin G. Bourgeois, Mark Dawson, Keith C Ferdinand, Linda Gage-White, Tonya Hawkins Sheppard, Cecilia Mouton, Kim Edward LeBlanc, Kevin J. Amusa. Motion Hearing set for 5/23/2007 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Ward, Raymond) (Entered: 05/07/2007)

May 7, 2007 PACER
98

ORDER denying 77 MOTION to Compel MOTION for Discovery filed by Hope Medical Group for Women, K. P.. Rule 26(f) Hearing set for 5/11/2007 09:30 AM before Magistrate Judge Karen Wells Roby.. Signed by Judge Karen Wells Roby.(car, ) (Entered: 05/09/2007)

May 8, 2007 PACER
99

ORDER granting 91 Motion for Leave to File reply memo in support of mtn for leave to file 2nd amd cmp. Signed by Judge Karen Wells Roby. (car, ) (Entered: 05/09/2007)

May 8, 2007 PACER
100

REPLY memo to Response to Motion filed by all plaintiffs re 76 First MOTION for Leave to File a Second Amended Complaint. (car, ) (Entered: 05/09/2007)

May 8, 2007 PACER
101

ORDER granting 92 Motion for Leave to File reply memo in support of mtn to compel discovery. Signed by Judge Karen Wells Roby. (car, ) (Entered: 05/09/2007)

May 8, 2007 PACER
102

REPLY memo to Response to Motion filed by all plaintiffs re 77 MOTION to Compel, MOTION for Discovery. (car, ) (Entered: 05/09/2007)

May 8, 2007 PACER
103

DEFICIENT Second AMENDED COMPLAINT against all defendants filed by Hope Medical Group for Women, K. P.. (Attachments: # 1 Exhibit A (Cease & Desist Letter)# 2 Exhibit B (Training Records & Transfer Agreement# 3 Exhibit C (Administrative Complaint)# 4 Affidavit of Service)(Cohen, Sanford) Modified on 5/10/2007 (lag, ). (Entered: 05/09/2007)

May 9, 2007 PACER

State / Territory: Louisiana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Oct. 27, 2006

Closing Date: March 3, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Hope Medical Group for Women, a clinic providing abortions, as well as an unnamed non-OB/GYN physician who provided abortions to patients at the clinic.

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

State Board of Medical Examiners (Louisiana), 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

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Issues

Reproductive rights:

Licensing restriction

Physician-only abortion laws

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

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