Case: Richmond Medical v. Hicks

3:03-cv-00531 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 18, 2003

Closed Date: Dec. 11, 2009

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Case Summary

On June 18, 2003, the Richmond Medical Center For Women brought this suit in the U.S. District Court for the Eastern District of Virginia against the Commonwealth Attorney for the City of Richmond and the Commonwealth Attorney for the County of Henrico. The case was originally assigned to Judge Robert E. Payne, but Defendants requested a random reassignment, which was granted. The case was randomly reassigned to Judge Richard L. Williams on July 1, 2003. This case challenged a Virginia Statute…

This case challenged a Virginia Statute, Va. Code § 18.2-71.1 (the Act), which sought to make it a Class 4 felony for someone to knowingly perform “partial birth infanticide.” The Act defined “partial birth infanticide” to be any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. The Act notably did not contain an exception for the health of the mother.

On July 1, 2003, a temporary restraining order and preliminary injunction were granted. Defendants sought to appeal this order and stay proceedings pending that appeal. The memorandum to stay proceedings pending the appeal was denied and the court granted Plaintiff's amendment of the preliminary injunction on August 22, 2003.

On February 2, 2004, Judge Williams concluded that there was no genuine issue of material fact and that the plaintiffs were entitled to judgment as a matter of law. The Court further concluded that, as a matter of law, the Act was unconstitutional on its face because it violated the constitutional right to privacy and infringed on the fundamental right to choose an abortion because it imposed an undue burden, contained no health exception, and the life of the mother exception was inadequate. The Court also determined that it was impermissibly void for vagueness. Furthermore, the Court held that the Act violated the Due Process Clause by criminalizing intact dilation and evacuation abortion procedure without a compelling state interest. The Court granted Plaintiffs’ motion for summary judgment, granted Plaintiffs’ request for declaratory relieve, and permanently enjoined the Act in its entirety. 301 F.Supp.2d 499.

The matter was appealed to the Fourth Circuit on March 1, 2004, and since the interlocutory appeal about the preliminary relief was still pending, the Fourth Circuit consolidated the two appeals on March 8, 2004. On June 3, 2005, the Fourth Circuit affirmed the summary judgment order declaring the Act unconstitutional on its face and upheld the permanent injunction against the enforcement of the Act. The Court concluded that it was bound by Stenberg v. Carhart which held that any ban on "partial birth abortion" must include an exception to protect a woman's health. The Court noted that the judgment would not take effect until the issuance of the mandate. 409 F.3d 619.

On June 17, 2005, Defendants petitioned the Fourth Circuit for a rehearing en banc, and on September 2, 2005, the Court denied the petition. On December 1, 2005, Defendants petitioned the Supreme Court for a writ of certioari.

On April 17, 2007, in a different case, Gonzales v. Carhart, the Supreme Court of the United States upheld the federal Partial-Birth Abortion Act of 2003, concluding that a prohibition on intact dilation and evacuation was not an undue burden. A few days later, on April 23, 2007, the Supreme Court granted cert in this case, vacated the judgment, and remanded it back to the Fourth Circuit for further consideration in light of Gonzales. 550 U.S. 901.

As a result of the Supreme Court's order, on May 20, 2008, the Fourth Circuit reconsidered the case. The Fourth Circuit distinguished the Virginia Act from the act in Gonzales, concluding that the federal statute's requirement that a doctor intend at the outset to perform an intact D & E was critical to the Supreme Court's decision. In contrast, the Virginia Act thus imposes criminal liability on a doctor who sets out to perform a standard D & E that by accident becomes an intact D & E, thereby exposing all doctors who perform standard D & Es to prosecution, conviction, and imprisonment. Based on this distinction, the Fourth Circuit held that the Virginia statute was still unconstitutional, even in light of Gonzales, and affirmed the District Court's permanent injunction. 527 F.3d 128.

On June 2, 2008, Defendants petitioned the Fourth Circuit for a rehearing en banc, which was granted on July 28, 2008. Nearly a year later, on June 24, 2009, the Fourth Circuit reversed the judgment of the District Court, concluding that the circumstances alleged by the Plaintiffs were not sufficiently frequent to render the Virginia Act wholly unconstitutional. The Court also held that even though the Virginia Act did not require intent, it still provided sufficient notice to reasonable doctors of prohibited conduct. Additionally, the Court held that the Act would not create a barrier to, or have a chilling effect on, a woman's right to have a standard D & E or her physician's ability to undertake that procedure without fear of criminal liability. Lastly, the Court held that the Plaintiffs had not alleged sufficiently concrete circumstances for the case to be challenged on an as-applied basis. 570 F.3d 165.

The Court closed the case on December 11, 2009.

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Summary Authors

Nina Leeds (10/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/35540990/parties/richmond-medical-v-hicks/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Faulders, Siran S. (Virginia)

Expert/Monitor/Master/Other

Beshere, Thomas Moultrie (Virginia)

Coates, Melanie Diana (Virginia)

DeYoung, Kyle Martin (Virginia)

Hut, A. Stephen (Virginia)

Judge(s)

Williams, Richard Leroy (Virginia)

Attorney for Plaintiff

Kessler, Susan Ann (Virginia)

Novak, Suzanne (Virginia)

Smith, Priscilla (Virginia)

Strauss, Nan E. (Virginia)

Attorney for Defendant

Faulders, Siran S. (Virginia)

Kozak, Frederick Richard (Virginia)

Macon, Edward Meade (Virginia)

McNelis, Edward Joseph (Virginia)

Stuchell, James Christian (Virginia)

Expert/Monitor/Master/Other

Beshere, Thomas Moultrie (Virginia)

Coates, Melanie Diana (Virginia)

DeYoung, Kyle Martin (Virginia)

Hut, A. Stephen (Virginia)

Tyler, Robert Michael (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
04-01255	US Court of Appeals for the Fourth Circuit Docket U.S. Court of Appeals for the Fourth Circuit	Sept. 23, 2005	Sept. 23, 2005 Docket
05–730	US Supreme Court Docket Herring v. Richmond Medical Center for Women Supreme Court of the United States	April 6, 2006	April 6, 2006 Docket
03-01821	US Court of Appeals for the Fourth Circuit Docket Richmond Medical Center for Women v. Herring U.S. Court of Appeals for the Fourth Circuit	Jan. 21, 2009	Jan. 21, 2009 Docket
88 3:03-cv-00531	Memorandum Opinion	Feb. 2, 2004	Feb. 2, 2004 Order/Opinion 301 F.Supp.2d 301
03-01821	Opinion U.S. Court of Appeals for the Fourth Circuit	June 3, 2005	June 3, 2005 Order/Opinion 409 F.3d 409
05–730	Opinion Supreme Court of the United States	April 23, 2007	April 23, 2007 Order/Opinion 550 U.S. 550
03-01821 04-01255	131 Opinion Richmond Medical Center for Women v. Herring U.S. Court of Appeals for the Fourth Circuit	May 20, 2008	May 20, 2008 Order/Opinion 527 F.3d 527
03-01821 04-01255	Opinion Richmond Medical Center for Women v. Herring U.S. Court of Appeals for the Fourth Circuit	June 24, 2009	June 24, 2009 Order/Opinion 570 F.3d 570

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/35540990/richmond-medical-v-hicks/

Last updated Feb. 26, 2024, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Filing Fee $ 150.00 Receipt # 68801 (kste) (Entered: 06/18/2003)	June 18, 2003	June 18, 2003 PACER
2	MOTION by William G. Fitzhugh, Richmond Medical for Temporary Restraining Order, and by William G. Fitzhugh, Richmond Medical for Preliminary Injunction (kste) (Entered: 06/18/2003)	June 18, 2003	June 18, 2003 PACER
3	MEMORANDUM by Richmond Medical, William G. Fitzhugh in support of [2-1] motion for Temporary Restraining Order [2-2] motion by William G. Fitzhugh, Richmond Medical for Preliminary Injunction;(exhibits placed in brown expandable)(kste) Modified on 06/18/2003 (Entered: 06/18/2003)	June 18, 2003	June 18, 2003 PACER
4	MOTION by William G. Fitzhugh, Richmond Medical for Suzanne Novak to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 68802 (kste) (Entered: 06/19/2003)	June 18, 2003	June 18, 2003 PACER
5	MOTION by William G. Fitzhugh, Richmond Medical for Priscilla Smith to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 68803 (kste) (Entered: 06/19/2003)	June 18, 2003	June 18, 2003 PACER
	So Ordered: granting [5-1] motion by William G. Fitzhugh, Richmond Medical for Priscilla Smith to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 68803 ( signed by Judge Robert E. Payne ) Copies Mailed: yes (kste)	June 19, 2003	June 19, 2003 PACER
	So Ordered: granting [4-1] motion by William G. Fitzhugh, Richmond Medical for Suzanne Novak to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 68802 ( signed by Judge Robert E. Payne ) Copies Mailed: yes (kste)	June 19, 2003	June 19, 2003 PACER
6	ORDER that (1) on or before June 27, 2003 at 9:00am, the dfts shall file their response to the pltfs' Motion for TRO; (2) on or before June 30, 2003 at 9:00am, the pltfs shall file their reply thereto; (3) the Motion for TRO shall be heard on July 1, 2003 at 1:30pm; (4) the pltfs shall make Dr. William G. Fitzhugh available available to the dfts for a deposition not to exceed seven hours; ( signed by Judge Robert E. Payne ) Copies Mailed: yes, to cousel of record and Siran Faulders [EOD Date: 6/19/03] (kste) (Entered: 06/19/2003)	June 19, 2003	June 19, 2003 PACER
	Motion hearing as to Richmond Medical, David M. Hicks, Wade A. Kizer, William G. Fitzhugh [2-1] motion by William G. Fitzhugh, Richmond Medical for Temporary Restraining Order set at 1:30 7/1/03 before Judge Robert E. Payne (jpea)	June 20, 2003	June 20, 2003 PACER
7	RESPONSE by David M. Hicks, Wade A. Kizer to [2-1] motion by William G. Fitzhugh, Richmond Medical for Temporary Restraining Order; [2-2] motion by William G. Fitzhugh, Richmond Medical for Preliminary Injunction (Exhibits placed in brown expandable) (kste) Modified on 06/27/2003 (Entered: 06/27/2003)	June 27, 2003	June 27, 2003 PACER
8	REPLY by Richmond Medical, William G. Fitzhugh to response to [2-1] motion by William G. Fitzhugh, Richmond Medical for Temporary Restraining Order (kste) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 PACER
9	MOTION by Wade A. Kizer, David M. Hicks to Remand to Clerk For Random Reassignment (kste) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 PACER
10	MOTION by Wade A. Kizer, David M. Hicks Requesting at least 120 days to Prepare for Trial (kste) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 PACER
11	Minute entry: Payne, J., Diane Daffron, OCR. Parties by counsel. Defendant's Motion for Clerk Reassign Case heard. Arguments had. Clerk directed to randomly reassign the case immediately, however Judge Payne's name shall be included in the random reassignment. Clerk reassigned case, the case was randomly assigned to Judge Richard L. Williams. Order to enter. (snea) Modified on 07/01/2003 (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
12	Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz, OCR. Parties by counsel. Matter came on for hearing on Pltfs' motions for preliminary injunction and for TRO; and, Defts' motion for at least 120 days to prepare for trial. Arguments had. Court granted Pltfs' motions for preliminary injunction and for TRO until July 11, 2003, at 2:00 p.m.; and, denied Defts' motion for at least 120 days to prepare for trial. Bench Trial set for 11/4/03 at 9:30 a.m. Order to enter.(55 mins.) (jpea) Modified on 07/01/2003 (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
	Bench trial set at 9:30 11/4/03 before Judge Richard L. Williams (jpea)	July 1, 2003	July 1, 2003 PACER
13	Declaration of Harlan Giles, M.D. (jpea) (Entered: 07/01/2003)	July 1, 2003	July 1, 2003 PACER
	CASE reassigned to Judge Richard L. Williams (kste)	July 1, 2003	July 1, 2003 PACER
14	ORDER granting [2-1] motion by William G. Fitzhugh, Richmond Medical for Temporary Restraining Order, granting [2-2] motion by William G. Fitzhugh, Richmond Medical for Preliminary Injunction (see order for details) ( signed by Judge Richard L. Williams ) Copies Mailed: yes and faxed [EOD Date: 10/9/03] (kste) (Entered: 10/09/2003)	July 1, 2003	July 1, 2003 PACER
15	PRETRIAL ORDER filed Bench Trial Date 9:30 11/4/03 ( signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 07/03/2003)	July 3, 2003	July 3, 2003 PACER
	Pre-Trial Conference held (jpea)	July 3, 2003	July 3, 2003 PACER
16	NOTICE OF INTERLOCUTORY APPEAL OF [14-1] order by David M. Hicks, Wade A. Kizer. FILING FEE $ 105.00 RECEIPT # 69026 (TPO package mailed) (kste) Modified on 07/03/2003 (Entered: 07/03/2003)	July 3, 2003	July 3, 2003 PACER
17	TRANSCRIPT before the Honorable Richard L. Williams for date of 07/01/03 (Motions) (PLACED IN BROWN EXPANDABLE) (cgar) (Entered: 07/07/2003)	July 7, 2003	July 7, 2003 PACER
18	ANSWER to Complaint by David M. Hicks, Wade A. Kizer, (Attorney James Christian Stuchell), (scoo) Modified on 07/15/2003 (Entered: 07/09/2003)	July 8, 2003	July 8, 2003 PACER
	USCA Case Number Re: CASE MANAGER: C.D. Ida USCA NUMBER: 03-1821 (kste)	July 8, 2003	July 8, 2003 PACER
19	TRANSCRIPT or date of July 1, 2003 hearing before the Honorable Robert E. Payne. (placed in brown expandable) (thom) (Entered: 07/09/2003)	July 9, 2003	July 9, 2003 PACER
20	MOTION by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction (kste) (Entered: 07/14/2003)	July 11, 2003	July 11, 2003 PACER
21	MEMORANDUM by Richmond Medical, William G. Fitzhugh in support of [20-1] motion by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction (placed exhibits in brown expandable) (kste) (Entered: 07/14/2003)	July 11, 2003	July 11, 2003 PACER
22	MOTION with Memorandum in Support by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal (kste) Modified on 08/18/2003 (Entered: 07/16/2003)	July 15, 2003	July 15, 2003 PACER
23	ORDER that this matter is before the Court on the Pltfs' motion to amend the Court's Order granting a preliminary injunction; the Court finds that the Pltfs' motion was timely filed and the Court DIRECTS the Defts to file a response to the motion within the time allowed by the Rules; Pltfs are DIRECTED to file a reply to the Defts' response; the parties are further DIRECTED to respond and reply to the Defts' motion to stay proceedings pending appeal; the Court DIRECTS the parties to contact the Court to schedule a hearing on both pending motions ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 7/16/03] (cmcc) (Entered: 07/16/2003)	July 16, 2003	July 16, 2003 PACER
24	RESPONSE by Richmond Medical, William G. Fitzhugh to [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal (kste) (Entered: 07/21/2003)	July 18, 2003	July 18, 2003 PACER
	4CCA LETTER requesting the certificate (kste)	July 21, 2003	July 21, 2003 PACER
25	RESPONSE by David M. Hicks, Wade A. Kizer to [20-1] motion by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction (kste) (Entered: 07/22/2003)	July 22, 2003	July 22, 2003 PACER
26	Certification of completion sent to USCA re: [16-1] appeal by Wade A. Kizer, David M. Hicks (jpea) (Entered: 07/23/2003)	July 23, 2003	July 23, 2003 PACER
27	REPLY by David M. Hicks, Wade A. Kizer to response to [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal (kste) Modified on 07/24/2003 (Entered: 07/23/2003)	July 23, 2003	July 23, 2003 PACER
	Motion hearing for Richmond Medical, David M. Hicks, Wade A. Kizer, William G. Fitzhugh [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal set at 2:30 8/14/03, [20-1] motion by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction set at 2:30 8/14/03 before Judge Richard L. Williams (jpea)	July 24, 2003	July 24, 2003 PACER
28	REPLY by Richmond Medical, William G. Fitzhugh to response to [20-1] motion by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction (kste) (Entered: 07/29/2003)	July 28, 2003	July 28, 2003 PACER
29	MOTION by William G. Fitzhugh, Richmond Medical for Leave to File Sur-Rebuttal to Defts' Motion to Stay Proceedings (Plaintiffs' Sur-Rebuttal to Defts' Motion to Stay pending Appeal RECEIVED ONLY and placed on left) (w/sketch Order placed on left) (thom) (Entered: 08/13/2003)	Aug. 12, 2003	Aug. 12, 2003 PACER
	So Ordered: granting [29-1] motion by William G. Fitzhugh, Richmond Medical for Leave to File Sur-Rebuttal to Defts' Motion to Stay Proceedings ( signed by Judge Richard L. Williams ) Copies Mailed: yes (kste)	Aug. 14, 2003	Aug. 14, 2003 PACER
30	Minute entry: IN OPEN COURT: Williams, J., Gil Halasz, OCR. Parties by counsel. Matter came on for hearing on Pltf's motion for the Court to enter written Rule 52(b) Findings of Facts and Conclusions of Law. Arguments had. Matter taken under advisement by the Court. Order to enter.(45 mins.) (jpea) (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
31	RESPONSE (Sur-rebuttal) by Richmond Medical, William G. Fitzhugh to [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal (kste) Modified on 08/20/2003 (Entered: 08/14/2003)	Aug. 14, 2003	Aug. 14, 2003 PACER
32	RESPONSE by David M. Hicks, Wade A. Kizer to [29-1] motion by William G. Fitzhugh, Richmond Medical for Leave to File Sur-Rebuttal to Defts' Motion to Stay Proceedings, [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal by (kste) (Entered: 08/18/2003)	Aug. 18, 2003	Aug. 18, 2003 PACER
33	MOTION by Wade A. Kizer, David M. Hicksfor Leave to File a Reply to Pltfs Sur-rebuttal to Defendants' Motion to Stay Proceedings (Reply placed on left) (kste) (Entered: 08/18/2003)	Aug. 18, 2003	Aug. 18, 2003 PACER
59	REPLY by David M. Hicks, Wade A. Kizer to response to [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal (filed nunc pro tunc per 10-9-03 order) (kste) (Entered: 10/09/2003)	Aug. 18, 2003	Aug. 18, 2003 PACER
34	MEMORANDUM OPINION ( signed by Judge Richard L. Williams ) Copies Mailed: yes (kste) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003 PACER
35	ORDER denying [22-1] motion by Wade A. Kizer, David M. Hicks to Stay Proceedings Pending Appeal, granting [20-1] motion by William G. Fitzhugh, Richmond Medical to Amend [14-1] Order issuing Preliminary Injuction, granting the Oral motion made at the August 14, 2003 hearing by the Pltfs ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 8/22/03] (kste) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003 PACER
36	TRANSCRIPT for dates of August 14, 2003 before the Honorable Richard L. Williams (kste) (Entered: 09/08/2003)	Sept. 8, 2003	Sept. 8, 2003 PACER
37	MOTION by Richmond Medical for Nan E. Strauss to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 69912 (kste) (Entered: 09/11/2003)	Sept. 10, 2003	Sept. 10, 2003 PACER
	So Ordered: granting [37-1] motion by Richmond Medical for Nan E. Strauss to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 69912 ( signed by Judge Richard L. Williams ) Copies Mailed: yes (kste)	Sept. 11, 2003	Sept. 11, 2003 PACER
38	AMENDED NOTICE OF APPEAL OF by David M. Hicks, Wade A. Kizer . (kste) (Entered: 09/12/2003)	Sept. 12, 2003	Sept. 12, 2003 PACER
	Copy of Notice of Appeal, Memorandum Opinion and Order, and certified copy of docket sheet to USCA: [38-1] appeal by Wade A. Kizer, David M. Hicks on September 17, 2003. (jpea)	Sept. 17, 2003	Sept. 17, 2003 PACER
39	MOTION by William G. Fitzhugh, Richmond Medical for Page Extension for Memorandum Supporting Motion For Summary Judgment (kste) (Entered: 09/25/2003)	Sept. 23, 2003	Sept. 23, 2003 PACER
	USCA Case Number Re: [38-1] appeal by Wade A. Kizer, David M. Hicks CASE MANAGER: C.D. Ida USCA NUMBER: 03-1821 (kste)	Sept. 23, 2003	Sept. 23, 2003 PACER
40	ORDER granting [39-1] motion by William G. Fitzhugh, Richmond Medical for Page Extension up to 20 pages beyond the limit provided for in the Local Rule 7(E) for Memorandum Supporting Motion For Summary Judgment ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 9/25/03] (kste) (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003 PACER
41	MOTION by William G. Fitzhugh, Richmond Medical for Summary Judgment (sketch order placed on left) (kste) (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003 PACER
42	MEMORANDUM by Richmond Medical, William G. Fitzhugh in support of [41-1] motion by William G. Fitzhugh, Richmond Medical for Summary Judgment (attachments placed in brown expandable) (kste) (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003 PACER
43	MOTION by The American College to Quash Commonwealth's Subpoena (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
44	MEMORANDUM by The American College in support of [43-1] motion by The American College to Quash Commonwealth's Subpoena (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
45	MOTION by Wade A. Kizer, David M. Hicks to Extend Time for Completion of Discovery (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
46	Financial Interest Disclosure Statement (Local Rule 7.1) by The American College (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
47	MOTION by Wade A. Kizer, David M. Hicks to exclude Plaintiff's Rebuttal Expert (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
48	MEMORANDUM by David M. Hicks, Wade A. Kizer in support of [47-1] motion by Wade A. Kizer, David M. Hicks to exclude Plaintiff's Rebuttal Expert (kste) (Entered: 09/29/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
49	RESPONSE by David M. Hicks, Wade A. Kizer to [43-1] motion by The American College to Quash Commonwealth's Subpoena (exhibits filed per 10-9-03 order) (kste) Modified on 10/09/2003 (Entered: 10/01/2003)	Sept. 30, 2003	Sept. 30, 2003 PACER
50	UNOPPOSED MOTION by Wade A. Kizer, David M. Hicks to Extend Time to File Reply and Page Extension (kste) (Entered: 10/02/2003)	Oct. 1, 2003	Oct. 1, 2003 PACER
51	JOINT MOTION by William G. Fitzhugh, Wade A. Kizer, David M. Hicks, Richmond Medical to Schedule Oral Arguments, and to Vacate Pretrial and Trial Dates (kste) Modified on 10/09/2003 (Entered: 10/02/2003)	Oct. 1, 2003	Oct. 1, 2003 PACER
52	MOTION by The American College for Kyle Martin DeYoung to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 70201 (kste) (Entered: 10/06/2003)	Oct. 3, 2003	Oct. 3, 2003 PACER
53	REPLY by The American College to response to [43-1] motion by The American College to Quash Commonwealth's Subpoena (kste) (Entered: 10/06/2003)	Oct. 3, 2003	Oct. 3, 2003 PACER
54	ORDER granting [50-1] motion by Wade A. Kizer, David M. Hicks to Extend Time to File Reply and Page Extension; Pltfs' Motion for Summary Judgment is extended to Oct. 14, 2003, and the page limitation on Dfts' response is extended by up to 20 pages ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 10/6/03] (kste) (Entered: 10/06/2003)	Oct. 6, 2003	Oct. 6, 2003 PACER
	So Ordered: granting [52-1] motion by The American College for Kyle Martin DeYoung to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 70201 ( signed by Judge Richard L. Williams ) Copies Mailed: yes (kste)	Oct. 7, 2003	Oct. 7, 2003 PACER
55	RESPONSE by Richmond Medical, William G. Fitzhugh to [47-1] motion by Wade A. Kizer, David M. Hicks to exclude Plaintiff's Rebuttal Expert with exhibits (kste) (Entered: 10/07/2003)	Oct. 7, 2003	Oct. 7, 2003 PACER
56	RESPONSE by Richmond Medical, William G. Fitzhugh to [45-1] motion by Wade A. Kizer, David M. Hicks to Extend Time for Completion of Discovery (kste) (Entered: 10/07/2003)	Oct. 7, 2003	Oct. 7, 2003 PACER
57	MOTION by Wade A. Kizer, David M. Hicks for Leave to File Supplemental Exhibits (exhibits placed on left) (kste) (Entered: 10/07/2003)	Oct. 7, 2003	Oct. 7, 2003 PACER
58	ORDER granting [57-1] motion by Wade A. Kizer, David M. Hicks for Leave to File Supplemental Exhibits, and the Clerk is DIRECTED to file the supplemental exhibits, granting [51-1] motion by William G. Fitzhugh, Wade A. Kizer, David M. Hicks, Richmond Medical to Schedule Oral Arguments, granting [51-2] motion to Vacate Pretrial and Trial Dates, the Court will hear Oral Arguments on the Plaintiff's Motion for Summary Judgment on Nov. 4, 2003 at 9:30am, the Court VACATES the deadlines set forth in the pretrial order, denying [45-1] motion by Wade A. Kizer, David M. Hicks to Extend Time for Completion of Discovery, granting [43-1] motion by The American College to Quash Commonwealth's Subpoena, granting [33-1] motion by Wade A. Kizer, David M. Hicks for Leave to File a Reply to Pltfs Sur-rebuttal to Defendants' Motion to Stay Proceedings and DIRECTS the Clerk to file the pleading nunc pro tunc Aug. 18, 2003 ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 10/28/03] (kste) (Entered: 10/28/2003)	Oct. 9, 2003	Oct. 9, 2003 PACER
60	REPLY by David M. Hicks, Wade A. Kizer to response to [47-1] motion by Wade A. Kizer, David M. Hicks to exclude Plaintiff's Rebuttal Expert (exhibits in brown expandable) (scoo) Modified on 10/14/2003 (Entered: 10/14/2003)	Oct. 10, 2003	Oct. 10, 2003 PACER
61	RESPONSE by David M. Hicks, Wade A. Kizer to [41-1] motion by William G. Fitzhugh, Richmond Medical for Summary Judgment (exhibits A-P placed in brown expandable) (kste) (Entered: 10/15/2003)	Oct. 14, 2003	Oct. 14, 2003 PACER
62	TRANSCRIPT for dates of October 8, 2003 at 3:00pm; Hearing via Telephonic Conference Call before the Honorable Richard L. Williams (kste) (Entered: 10/15/2003)	Oct. 15, 2003	Oct. 15, 2003 PACER
63	MOTION by Wade A. Kizer, David M. Hicks to Amend [58-1] order to Reflect Ruling Extending Discovery until Nov. 4 (kste) (Entered: 10/16/2003)	Oct. 15, 2003	Oct. 15, 2003 PACER
64	UNOPPOSED MOTION by William G. Fitzhugh, Richmond Medical to Extend Time to File Reply in Support of Motion for Summary Judgment (sketch order placed in left) (kste) (Entered: 10/16/2003)	Oct. 15, 2003	Oct. 15, 2003 PACER
	So Ordered: granting [64-1] motion by William G. Fitzhugh, Richmond Medical to Extend Time until Friday, Oct. 24, 2003, to File Reply in Support of Motion for Summary Judgment ( signed by Judge Richard L. Williams ) Copies Mailed: yes (kste)	Oct. 17, 2003	Oct. 17, 2003 PACER
65	RESPONSE by Richmond Medical, William G. Fitzhugh to [63-1] motion by Wade A. Kizer, David M. Hicks to Amend [58-1] order to Reflect Ruling Extending Discovery until Nov. 4 (cgar) (Entered: 10/20/2003)	Oct. 17, 2003	Oct. 17, 2003 PACER
66	MOTION by William G. Fitzhugh, Richmond Medical to Strike Section III of Dfts' Reply to Pltfs' Opposition to their Motion to Exclude Plaintiffs' Expert Witness (cgar) (Entered: 10/20/2003)	Oct. 17, 2003	Oct. 17, 2003 PACER
67	MEMORANDUM by Richmond Medical, William G. Fitzhugh in support of [66-1] motion to Strike Section III of Dfts' Reply to Pltfs' Opposition to their Motion to Exclude Plaintiffs' Expert Witness (Proposed Order placed on left) (cgar) (Entered: 10/20/2003)	Oct. 17, 2003	Oct. 17, 2003 PACER
68	RESPONSE by David M. Hicks, Wade A. Kizer to [66-1] motion (in opposition) by William G. Fitzhugh, Richmond Medical to Strike Section III of Dfts' Reply to Pltfs' Opposition to their Motion to Exclude Plaintiffs' Expert Witness (kste) (Entered: 10/22/2003)	Oct. 21, 2003	Oct. 21, 2003 PACER
69	MOTION by Richmond Medical to Strike Selected Portions of Dr. Giles' Sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion for Summary Judgment (sketch order placed on left) (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
70	MEMORANDUM by Richmond Medical in support of [69-1] motion by Richmond Medical to Strike Selected Portions of Dr. Giles' Sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion for Summary Judgment (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
71	MOTION by Richmond Medical to Strike selected portions of Dr. Seeds' sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion For Summary Judgment (sketch order placed on left) (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
72	MEMORANDUM by Richmond Medical in support of [71-1] motion by Richmond Medical to Strike selected portions of Dr. Seeds' sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion For Summary Judgment (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
73	MOTION by Richmond Medical to Strike exhibits and other documents relied upon in Defendants' Opposition to Plaintiffs' Motion for Summary Judgment (sketch order placed on left) (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
74	MEMORANDUM by Richmond Medical in support of [73-1] motion by Richmond Medical to Strike exhibits and other documents relied upon in Defendants' Opposition to Plaintiffs' Motion for Summary Judgment (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
75	REPLY by Richmond Medical to response to [66-1] motion by William G. Fitzhugh, Richmond Medical to Strike Section III of Dfts' Reply to Pltfs' Opposition to their Motion to Exclude Plaintiffs' Expert Witness (kste) (Entered: 10/23/2003)	Oct. 23, 2003	Oct. 23, 2003 PACER
76	NOTICE of Hearing: Oct. 24, 2003 at 3:00pm; filed by Defendants (kste) (Entered: 10/24/2003)	Oct. 24, 2003	Oct. 24, 2003 PACER
77	REPLY by Richmond Medical to response to [41-1] motion by William G. Fitzhugh, Richmond Medical for Summary Judgment (kste) (Entered: 10/24/2003)	Oct. 24, 2003	Oct. 24, 2003 PACER
78	ORDER denying [66-1] motion by William G. Fitzhugh, Richmond Medical to Strike Section III of Dfts' Reply to Pltfs' Opposition to their Motion to Exclude Plaintiffs' Expert Witness, [63-1] motion by Wade A. Kizer, David M. Hicks to Amend [58-1] order to Reflect Ruling Extending Discovery until Nov. 4, denying [47-1] motion by Wade A. Kizer, David M. Hicks to exclude Plaintiff's Rebuttal Expert ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 10/28/03] (kste) (Entered: 10/28/2003)	Oct. 27, 2003	Oct. 27, 2003 PACER
79	JOINT MOTION by William G. Fitzhugh, Wade A. Kizer, David M. Hicks, Richmond Medical to Extend Time to file Responses and Rebuttals to Plaintiffs' Motion to Strike sketch order placed on left (kste) (Entered: 10/29/2003)	Oct. 29, 2003	Oct. 29, 2003 PACER
80	ORDER granting [79-1] motion by William G. Fitzhugh, Wade A. Kizer, David M. Hicks, Richmond Medical to Extend Time to file Responses and Rebuttals to Plaintiffs' Motion to Strike; Defts. must file responses by November 10, 2003 and Plts. must file rebuttals by November 21, 2003 (see Order for details) ( signed by Judge Richard L. Williams ) Copies Mailed: yes [EOD Date: 10/31/03] (cmcc) (Entered: 10/31/2003)	Oct. 31, 2003	Oct. 31, 2003 PACER
	Motion hearing for Richmond Medical, David M. Hicks, Wade A. Kizer, William G. Fitzhugh, The American College [41-1] motion by William G. Fitzhugh, Richmond Medical for Summary Judgment set at 2:30 11/24/03 before Judge Richard L. Williams (jpea)	Nov. 3, 2003	Nov. 3, 2003 PACER
81	TRANSCRIPT for dates of Oct. 24, 2003 (Telephonic Conference Call) (kste) (Entered: 11/04/2003)	Nov. 3, 2003	Nov. 3, 2003 PACER
	RESPONSE (objections) by David M. Hicks, Wade A. Kizer to [73-1] motion by Richmond Medical to Strike exhibits and other documents relied upon in Defendants' Opposition to Plaintiffs' Motion for Summary Judgment, [71-1] motion by Richmond Medical to Strike selected portions of Dr. Seeds' sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion For Summary Judgment, [69-1] motion by Richmond Medical to Strike Selected Portions of Dr. Giles' Sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion for Summary Judgment (kste)	Nov. 10, 2003	Nov. 10, 2003 PACER
82	RESPONSE (objections) by David M. Hicks, Wade A. Kizer to [73-1] motion by Richmond Medical to Strike exhibits and other documents relied upon in Defendants' Opposition to Plaintiffs' Motion for Summary Judgment (kste) (Entered: 11/10/2003)	Nov. 10, 2003	Nov. 10, 2003 PACER
83	RESPONSE by David M. Hicks, Wade A. Kizer to [69-1] motion by Richmond Medical to Strike Selected Portions of Dr. Giles' Sworn Testimony Relied upon by Defendants in their Opposition to Plaintiffs' Motion for Summary Judgment (exhibits A-I placed in a brown expandable) (kste) (Entered: 11/10/2003)	Nov. 10, 2003	Nov. 10, 2003 PACER

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Case Details

State / Territory: Virginia

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 18, 2003

Closing Date: Dec. 11, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Richmond Medical Center for Women, which provided a variety of reproductive health services and gynecological and obstetrical medical services including evacuating the products of conception for women who have had miscarriages and are in need of such assistance. Two individual doctors who performed abortions were also listed as plaintiffs.

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

Commonwealth Attorney for the City of Richmond; Commonwealth Attorney for the County of Henrico (Richmond, VA, Henrico), City

Defendant Type(s):

Jurisdiction-wide