Case: Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. v. Cameron

3:22-cv-00198 | U.S. District Court for the Western District of Kentucky

Filed Date: April 14, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky (Planned Parenthood) filed this suit on April 14, 2022 in the Western District of Kentucky in response to the enactment of the Humanity in Healthcare Act of 2022 (the Act) on April 13. The Act imposed significant restrictions on abortion providers, including imposing vast reporting requirements and banning all abortions after fifteen weeks, with very narrow exceptions. Under the Act, providers risked significant fines and …

Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky (Planned Parenthood) filed this suit on April 14, 2022 in the Western District of Kentucky in response to the enactment of the Humanity in Healthcare Act of 2022 (the Act) on April 13. The Act imposed significant restrictions on abortion providers, including imposing vast reporting requirements and banning all abortions after fifteen weeks, with very narrow exceptions. Under the Act, providers risked significant fines and revocation of medical licenses for failure to comply, but the emergency enactment of the Act made compliance impossible, as the Kentucky Cabinet for Health and Family Services (the Cabinet) had not yet created various forms that the Act required providers to complete. Planned Parenthood, which operated one of the two remaining abortion clinics in Kentucky, sued the Attorney General of Kentucky, the Cabinet, the Kentucky Board of Medical Licensure (the Board), and the local county prosecutor with jurisdiction over the Planned Parenthood Clinic (collectively “the state officials”). Represented by private counsel and the Planned Parenthood Federation of America, Planned Parenthood sought declaratory and injunctive relief for violations of the Fourteenth Amendment, including Planned Parenthood's procedural due process rights and the substantive due process rights of both Planned Parenthood and its patients. It also sought attorneys' fees. 

The Kentucky state legislature enacted the Act, which included an emergency provision, by overriding the governor’s veto. The emergency provision enabled the Act to immediately go into effect following the override, instead of using the ninety-day delay that applied to non-emergency laws in Kentucky. Due to the rapid implementation of the law, the Cabinet did not have the opportunity to create and implement the reporting forms required under the Act. 

The Act required providers to complete reports each time they performed an abortion, including providing demographic information about the patient’s age, ethnicity, and zip code. These reports would become public records. Although the act prohibited listing patient names in the reports, Planned Parenthood argued that the demographic information, when taken together, could lead to patient identification, particularly for women of color in rural parts of Kentucky. Further requirements of the Act included parental notification for minors seeking abortions, written consent by patients seeking medication abortions with a twenty-four hour waiting period, and permitting only “qualified physicians” and “certified” abortion facilities to provide medication abortions. The Cabinet, however, did not have any certification program in place when the Act went into effect, making it impossible for providers to receive the certification required by law.

Judge Rebecca Grady Jennings, the presiding judge, granted a temporary restraining order on April 21, 2022, limiting the defendants' enforcement of the Act’s registration and reporting requirements for fourteen days. Judge Jennings noted that the unavailability of required forms rendered compliance impossible. The temporary restraining order prevented the state officials from enforcing the Act in its entirety, because the court could not determine which provisions were possible to abide by. The order did not consider the Act’s constitutionality, and specifically noted that the order still permitted the Cabinet to create the forms required under the Act. 599 F.Supp.3d 497.

The following week, on April 25, 2022, the only other abortion provider in Kentucky, EMW Women’s Surgical Center (the Surgical Center), moved to intervene as a plaintiff in the suit. Within a day of the motion, Judge Jennings approved the intervention. 2022 WL 1234847. 

Following the addition of the Surgical Center, the abortion providers jointly submitted a new complaint on April 26, 2022, listing both the Surgical Center and Planned Parenthood as plaintiffs. Now represented by lawyers from the ACLU national office, the ACLU of Kentucky, and private counsel, the abortion providers reiterated the initial procedural due process and substantive due process claims, again seeking declaratory and injunctive relief. Notably, the Surgical Center also sought an injunction of the fifteen-week abortion ban, because unlike Planned Parenthood, the Surgical Center did provide abortions after this time frame. 

The court then held a hearing on a preliminary injunction, but Judge Jennings found that the court lacked sufficient information to decide the issue. Instead, on May 4, 2022, the court opted to extend the temporary restraining order with slight alterations. First, the court limited the temporary restraining order to sections of the act that included the contested definitions causing compliance issues. Second, the court temporarily enjoined enforcement of the the fifteen-week abortion ban pending the Supreme Court’s decision in Dobbs. Finally, Judge Jennings permitted enforcement of particular sections of the Act: sections that did not impose obligations on the providers, and sections that did not actually change the law from its prior version, such as prohibitions on distributing medication abortion pills by mail. 2022 WL 1414485.

Following the extension and modification of the temporary restraining order, the court issued a May 19, 2022, order partially granting the preliminary injunction. The preliminary injunction order included the same terms as the May 4, 2022, modified temporary restraining order. The Kentucky officials swiftly appealed the injunction to the Sixth Circuit on the same day of its issuance. The officials requested that the district court stay the injunction pending appeal, but Judge Jennings denied the request. 603 F.Supp.3d 501.

On June 30, 2022, the Sixth Circuit remanded the appeal to the district court following the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Following the remand, Judge Jennings lifted the preliminary injunction on July 14, 2022, as it related to the fifteen-week abortion ban, but retained the injunction for the remaining sections while the Cabinet worked towards creating forms. 2022 WL 3646092.

On August 30, 2022, Judge Jennings re-evaluated the Cabinet's progress in its form creation. Upon re-evaluation, the court allowed the state to enforce provisions of the Act requiring parental consent, collection of patient demographics prior to abortions, and various form requirements. Although the court permitted some demographic information collection, it determined that the Act’s complete obligation that providers report the zip codes of abortion patients could enable third parties to identify patients, as other reporting requirement collected patient race, ethnicity, and age. Specifically, the court expressed concern about identifying minorities in rural areas. The court continued to enjoin specific sections for which compliance was impossible. This meant, for example, that the providers would need to supply patients with information required by the Act, such as potential adverse side effects, but that the providers would not need a “qualified physician” to provide that information. 

The Attorney General appealed the August, 30, 2022 order on September 19, 2022. Judge Jennings issued an October 5, 2022 order requiring both parties to report back to the court by the end of the month with updates describing any progress made towards compliance with the remaining enjoined provisions. 

As of October 30th, 2022, the case was ongoing, with the interlocutory appeal still pending before the Sixth Circuit.

 

Summary Authors

Betsy Sheppard (10/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63236852/parties/planned-parenthood-great-northwest-hawaii-alaska-indiana-and-kentucky/


Judge(s)
Attorney for Plaintiff

Abate, Michael P. (Kentucky)

Adams, William Richard (Kentucky)

Attorney for Defendant

Diakov, Leanne K. (Kentucky)

Expert/Monitor/Master/Other

Amiri, Brigitte A. (Kentucky)

Dalven, Jennifer E. (Kentucky)

show all people

Documents in the Clearinghouse

Document
1

3:22-cv-00198

Complaint

April 14, 2022

April 14, 2022

Complaint
13

3:22-cv-00198

Order

April 15, 2022

April 15, 2022

Order/Opinion
27

3:22-cv-00198

Memorandum Opinion & Temporary Restraining Order

April 21, 2022

April 21, 2022

Order/Opinion

599 F.Supp.3d 599

32

3:22-cv-00198

Memorandum Opinion & Order

April 26, 2022

April 26, 2022

Order/Opinion

2022 WL 2022

33

3:22-cv-00198

Verified Complaint

April 26, 2022

April 26, 2022

Complaint
49

3:22-cv-00198

Memorandum Opinion and Temporary Restraining Order

Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, and Kentucky, Inc. v. Cameron

May 4, 2022

May 4, 2022

Order/Opinion

2022 WL 2022

65

3:22-cv-00198

Memorandum Opinion & Preliminary Injunction

May 19, 2022

May 19, 2022

Order/Opinion

603 F.Supp.3d 603

78

3:22-cv-00198

22-05451

USCA Order

U.S. Court of Appeals for the Sixth Circuit

June 30, 2022

June 30, 2022

Order/Opinion

2022 WL 2022

87

3:22-cv-00198

Order

July 14, 2022

July 14, 2022

Order/Opinion

2022 WL 2022

97

3:22-cv-00198

Memorandum Opinion & Order

Aug. 30, 2022

Aug. 30, 2022

Order/Opinion

624 F.Supp.3d 624

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63236852/planned-parenthood-great-northwest-hawaii-alaska-indiana-and-kentucky/

Last updated March 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. against Daniel Cameron, Eric Friedlander, Michael S. Rodman, and Thomas B. Wine. Filing fee $402, receipt number AKYWDC-3561900. (Attachments: # 1 Exhibit HB 3, # 2 Cover Sheet, # 3 Summons tendered) (SRH) (Entered: 04/14/2022)

1 Exhibit HB 3

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2 Cover Sheet

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3 Summons tendered

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April 14, 2022

April 14, 2022

Clearinghouse
2

Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (SRH) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
3

MOTION for a Temporary Restraining Order/Preliminary Injunction by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (SRH) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
4

Summons Issued as to Daniel Cameron, Eric Friedlander, Michael S. Rodman, and Thomas B. Wine. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (SRH) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
5

NOTICE of Intent to Respond by Daniel Cameron re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Thacker, Christopher) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
6

MOTION to Reassign Case by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Attachments: # 1 Proposed Order) (Abate, Michael) (Entered: 04/14/2022)

1 Proposed Order

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April 14, 2022

April 14, 2022

RECAP
7

MOTION for Miranda Turner to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3562760. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Abate, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
8

MOTION for Gloria Trattles to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3562762. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Abate, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
9

MOTION for Jennifer S. Romano to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3562763. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing) (Abate, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
10

MOTION for Marlee Santos to Appear Pro Hac Vice Filing fee $ 125, receipt number BKYWDC-3562765. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing) (Abate, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
11

RESPONSE to Motion re 6 MOTION to Reassign Case filed by Daniel Cameron. (Thacker, Christopher) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

RECAP
12

ORDER Signed by Judge Rebecca Grady Jennings on 4/15/2022; for the reasons set forth, the Motion to Reassign Case [DE 6] is DENIED without prejudice. cc: Counsel(ARM) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
13

ORDER by Judge Rebecca Grady Jennings on 4/15/2022; re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc., Schedules re: 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Any Responses due by Noon on 4/19/2022.cc:counsel (ARM) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

Clearinghouse
14

NOTICE of Appearance by Wesley W. Duke on behalf of Eric Friedlander (Duke, Wesley) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
15

NOTICE of Appearance by Leanne K. Diakov on behalf of Michael S. Rodman (Diakov, Leanne) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
16

ORDER signed by Judge Rebecca Grady Jennings on 4/18/2022 granting 7 Motion for Miranda Turner to Appear Pro Hac Vice. cc: Counsel (MNM) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
17

ORDER signed by Judge Rebecca Grady Jennings on 4/18/2022 granting 8 Motion for Gloria Trattles to Appear Pro Hac Vice. cc: Counsel (ECF packet mailed to attorney Trattles) (MNM) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
18

ORDER signed by Judge Rebecca Grady Jennings on 4/18/2022 granting 9 Motion for Jennifer S. Romano to Appear Pro Hac Vice. cc: Counsel (ECF packet mailed to attorney Romano) (MNM) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
19

ORDER signed by Judge Rebecca Grady Jennings on 4/18/2022 granting 10 Motion for Marlee Santos to Appear Pro Hac Vice. cc: Counsel (ECF packet mailed to attorney Santos) (MNM) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
20

NOTICE of Appearance by William Richard Adams, II on behalf of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Adams, William) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
21

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Daniel Cameron. (Thacker, Christopher) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

RECAP
22

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Attachments: # 1 Affidavit of Michael Abate) (Hinkle, Casey) (Entered: 04/19/2022)

1 Affidavit of Michael Abate

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April 19, 2022

April 19, 2022

RECAP
23

MOTION for Carrie Y. Flaxman to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3566288. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Hinkle, Casey) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
24

MOTION for Julie A. Murray to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3566292. by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Hinkle, Casey) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
25

ORDER Signed by Judge Rebecca Grady Jennings on 4/21/2022 granting 24 Motion for Julie A. Murray to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
26

ORDER Signed by Judge Rebecca Grady Jennings on 4/21/2022 granting 23 Motion for Carrie Y. Flaxman to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
27

MEMORANDUM OPINION & TEMPORARY RESTRAINING ORDER Signed by Judge Rebecca Grady Jennings on 4/21/2022. Plaintiff's Motion for a Temporary Restraining Order (DE 3 ) is GRANTED, and HB 3 shall be unenforceable. Defendants are TEMPORARILY ENJOINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with HB 3. This TRO is effective as of 4/21/2022, at 3:00 p.m. and shall remain in effect until such further dates as set by the Court or stipulated by the parties, but, absent a request for an extension, shall not exceed fourteen (14) days from the date of entry of this order under Federal Rule of Civil Procedure 65(b)(2). The requirement of security under Federal Rule of Civil Procedure 65(c) is waived due to the strong public interest involved. The parties will be contacted by the Court's deputy to schedule a preliminary injunction hearing. cc: Counsel (SMJ) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

Clearinghouse
28

MOTION to Intervene (Expedited) by Intervenor Parties EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Exhibit A - Tendered Complaint, # 2 Exhibit B - Motion for Clarification or TRO, # 3 Exhibit C - Proposed Order Clarifying TRO, # 4 Exhibit D - Proposed Order Granting Intervention) (Gatnarek, Heather) (Entered: 04/25/2022)

1 Exhibit A - Tendered Complaint

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2 Exhibit B - Motion for Clarification or TRO

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3 Exhibit C - Proposed Order Clarifying TRO

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4 Exhibit D - Proposed Order Granting Intervention

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April 25, 2022

April 25, 2022

RECAP
29

Return of Service Executed/Unexecuted as to AG Daniel Cameron, CHFS Secretary Eric Friedlander, KYBML Exec. Dir. Michael Rodman. (Attachments: # 1 Exhibit Confirmation of Service) (Abate, Michael) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
30

TEXT ORDER by Judge Rebecca Grady Jennings on 4/26/2022; re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. - A Preliminary Injunction Hearing is set for Monday, 5/2/2022 at 10:00 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. For the preliminary injunction hearing, the Court expects both sides to explain in detail and designate by section and line the provisions of House Bill 3 they believe can and cannot be complied with before the rules are promulgated and the forms are created by the Cabinet. The parties will also be required to submit proposed findings of fact and conclusions of law after the hearing. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (ARM) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
31

Corporate Disclosure Statement by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Abate, Michael) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
32

MEMORANDUM OPINION & ORDER Signed by Judge Rebecca Grady Jennings on 4/26/2022. EMW's Motion to Intervene for Declaratory and Injunctive Relief (DE 28 ) is GRANTED. EMW's Motion for a Temporary Restraining Order (DE 28 -2) is DENIED as moot. cc: Counsel (SMJ) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

Clearinghouse
33

Intervenor COMPLAINT, filed by Ernest Marshall, M.D., EMW Women's Surgical Center, P.S.C. (Attachments: # 1 Exhibit A - HB 3) (SMJ) (Entered: 04/27/2022)

April 26, 2022

April 26, 2022

Clearinghouse

Order - TEXT ONLY

April 26, 2022

April 26, 2022

PACER
34

Corporate Disclosure Statement by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Gatnarek, Heather) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
35

MOTION for Brigitte Amiri to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3572150. by Intervenor Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Gatnarek, Heather) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
36

MOTION for Jennifer Dalven to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3572151. by Intervenor Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Gatnarek, Heather) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
37

MOTION for Rachel Reeves to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3572152. by Intervenor Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Gatnarek, Heather) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
38

MOTION for Preliminary Injunction by Intervenor Plaintiffs EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD (Attachments: # 1 Proposed Order) (Gatnarek, Heather) (Entered: 04/29/2022)

1 Proposed Order

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April 29, 2022

April 29, 2022

RECAP
39

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Daniel Cameron. (Attachments: # 1 Exhibit Chart of HB3 Provisions) (Thacker, Christopher) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
40

Return of Service Executed/Unexecuted as to Tom Wine, Commonwealth's Attorney for the 30th Judicial Circuit of Kentucky. (Abate, Michael) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
41

RESPONSE to Motion re 38 MOTION for Preliminary Injunction filed by Daniel Cameron. (Attachments: # 1 Exhibit Declaration of Robin Pierucci) (Thacker, Christopher) (Entered: 05/01/2022)

May 1, 2022

May 1, 2022

PACER
42

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction jointly filed on behalf of Planned Parentood and Intervenor Plaintiffs filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Attachments: # 1 Exhibit HB3 Chart, # 2 Exhibit Existing Abortion Reporting Form, # 3 Exhibit Existing Abortion Prescription Reporting Form, # 4 Exhibit Existing Cremation Authorization Form) (Hinkle, Casey) (Entered: 05/01/2022)

May 1, 2022

May 1, 2022

PACER
43

REPLY to Response to Motion re 38 MOTION for Preliminary Injunction filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD. (Gatnarek, Heather) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
44

ORDER Signed by Judge Rebecca Grady Jennings on 5/2/2022 granting 35 Motion for Brigitte Amiri to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
45

ORDER Signed by Judge Rebecca Grady Jennings on 5/2/2022 granting 36 Motion for Jennifer Dalven to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
46

ORDER Signed by Judge Rebecca Grady Jennings on 5/2/2022 granting 37 Motion for Rachel Reeves to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
47

NOTICE of Appearance by Jason B. Moore on behalf of Thomas B. Wine (Moore, Jason) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
48

MEMORANDUM OF HEARING AND ORDER for proceedings held before Judge Rebecca Grady Jennings: Evidentiary Hearing on Motion for Preliminary Injunction held on 5/2/2022. The Court Reporter shall file the official transcript of the hearing by Noon on 5/4/2022. Plaintiffs/Intervening Plaintiffs must submit their briefs by Friday, 5/6/2022. Defendants may respond by Thursday, 5/12/2022, and Plaintiffs/Intervening Plaintiffs may reply by Monday, 5/16/2022. (Court Reporter: April Dowell) cc: Counsel (SMJ) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
49

MEMORANDUM OPINION & TEMPORARY RESTRAINING ORDER signed by Judge Rebecca Grady Jennings on 5/4/2022. Defendants are TEMPORARILY RESTRAINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with the following provisions of HB 3 (*see order). This TRO is effective as of 5/5/2022, at 3:00 p.m. and shall remain in effect fourteen (14) days from the effective date and time unless the adverse party consents to a longer extension under Federal Rule of Civil Procedure 65(b)(2). The requirement of security under Federal Rule of Civil Procedure 65(c) is waived due to the strong public interest involved. cc: Counsel (SMJ) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

Clearinghouse
50

Proposed Agreed Order Extending Time for Responsive Pleadings by Daniel Cameron. (Thacker, Christopher) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
51

FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 5/2/22, before Judge Rebecca Grady Jennings. Court Reporter April R. Dowell, Email: april_dowell@kywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/25/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/2/2022. (Dowell, April) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
52

Notice of Filing Official Transcript re 51 Transcript - Court Official,,. Please review the complete Notice for instructions. (Dowell, April) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
53

STATUS REPORT by Eric Friedlander. (Duke, Wesley) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
54

Proposed Findings of Fact and Conclusions of Law by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1 - Hearing Transcript) (Romano, Jennifer) Modified on 5/10/2022, text corrected (SMJ). (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
55

NOTICE Declaration of Laura Miller by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 54 Notice (Other), (Attachments: # 1 Exhibit A - Report of Abortion Form, # 2 Exhibit B - Abortion Prescription Reporting Form, # 3 Exhibit C - Abortion Pill Reversal Statement) (Romano, Jennifer) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
56

NOTICE Declaration of Marshall by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 54 Notice (Other), (Romano, Jennifer) (Entered: 05/07/2022)

May 6, 2022

May 6, 2022

PACER
57

NOTICE Declaration of Lemasters by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 54 Notice (Other), (Attachments: # 1 Exhibit A - Cirriculum Vitae) (Romano, Jennifer) (Entered: 05/07/2022)

May 7, 2022

May 7, 2022

PACER
58

NOTICE of Filing by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD re 33 Intervenor Complaint (Attachments: # 1 Summons Daniel Cameron, # 2 Summons Eric Friedlander, # 3 Summons Michael Rodman, # 4 Summons Thomas Wine) (Gatnarek, Heather) (Entered: 05/10/2022)

1 Summons Daniel Cameron

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2 Summons Eric Friedlander

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3 Summons Michael Rodman

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4 Summons Thomas Wine

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May 10, 2022

May 10, 2022

RECAP
59

AGREED ORDER Signed by Judge Rebecca Grady Jennings on 5/9/2022 granting 50 Proposed Agreed Order. Defendants shall each have until 6/2/2022 to file an answer or other responsive pleading to both the Compliant and Intervening Complaint in this matter. Plaintiffs and Intervening Plaintiffs time to amend pursuant to Fed. R. Civ. P. 15(a)(1)(B) is also extended to 6/23/2022. cc: Counsel (SMJ) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
60

Summonses Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons - Friedlander, # 2 Summons - Rodman, # 3 Summons - Wine) (SMJ) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
61

Return of Service Executed/Unexecuted as to Daniel Cameron, Eric Friedlander, Michael Rodman, Thomas Wine. (Attachments: # 1 Exhibit 1 - Email from ServetheCommonwealth, # 2 Exhibit 2 - Email from J. Moore) (Gatnarek, Heather) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
62

NOTICE Declaration of Poul Lemasters in support of Plaintiffs' Motion for Preliminary Injunction by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 57 Notice (Other) (Romano, Jennifer) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
63

BRIEF Post-hearing Brief and Proposed Findings and Conculsions re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc., 38 MOTION for Preliminary Injunction filed by EMW Women's Surgical Center, P.S.C., Ernest Marshall, M.D. (Attachments: # 1 Proposed Order Proposed Findings of Fact and Conclusions of Law, # 2 Exhibit Exhibit 1 - Hospital Miscarriage Ceremonies, # 3 Exhibit Exhibit 2 - Hospital Deceased Infants, # 4 Exhibit Exhibit 3 - Archdiocese of Louisville Cemeteries, # 5 Exhibit Exhibit 4 - Calvary Cemetery, Lexington, # 6 Exhibit Exhibit 5 - Paducah cemetery for unborn children set to expand) by Daniel Cameron. (Thacker, Christopher) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
64

REPLY in support of Proposed Findings of Fact and Conclusions of Law by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 54 Proposed Findings of Fact, (Abate, Michael) Modified on 5/17/2022, text corrected (SMJ). (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
65

MEMORANDUM OPINION & PRELIMINARY INJUNCTION Signed by Judge Rebecca Grady Jennings on 5/19/2022. Plaintiffs' Motions for a Preliminary Injunction (DE 3 ; 38 ) are GRANTED IN PART. Defendants are PRELIMINARILY ENJOINED from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with the following provisions of HB 3 until the Cabinet creates a means for compliance (*see opinion). Sections 27, 33(2), (4), and (6), and 34 are PRELIMINARILY ENJOINED and any related litigation is STAYED pending the Supreme Court's decision in Dobbs. The requirement of security under Federal Rule of Civil Procedure 65(c) is waived due to the strong public interest involved. cc: Counsel (SMJ) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

Clearinghouse
66

NOTICE OF APPEAL (Interlocutory) as to 65 Order on Motion for Preliminary Injunction,,,,, by Daniel Cameron. Filing fee $ 505, receipt number AKYWDC-3586370. (Thacker, Christopher) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
67

Emergency MOTION to Stay re 65 Order on Motion for Preliminary Injunction,,,,, by Defendant Daniel Cameron (Attachments: # 1 Proposed Order) (Thacker, Christopher) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
68

USCA Case Number 22-5451 for 66 Notice of Interlocutory Appeal filed by Daniel Cameron. (case manager: Antoinette Macon.) (KF) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

RECAP
69

MEMORANDUM OPINION & ORDER Signed by Judge Rebecca Grady Jennings on 5/26/2022 denying 67 Motion to Stay Pending Appeal. cc: Counsel (SMJ) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

RECAP
70

Proposed Agreed Order Extending Time for Responsive Pleadings (Second) by Daniel Cameron. (Thacker, Christopher) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP
71

AGREED ORDER Signed by Judge Rebecca Grady Jennings on 5/31/2022 granting 70 Proposed Agreed Order. Defendants shall each have until 8/1/2022 to file an answer or other responsive pleading to both the Compliant and Intervening Complaint in this matter. Plaintiffs and Intervening Plaintiffs time to amend pursuant to Fed. R. Civ. P. 15(a)(1)(B) is also extended to 8/22/2022. cc: Counsel (SMJ) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
72

NOTICE by Eric Friedlander (Attachments: # 1 letter) (Duke, Wesley) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
73

NOTICE of Appearance by Jessica D. Williamson on behalf of Eric Friedlander (Williamson, Jessica) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
74

MOTION for Status Conference by Defendant Eric Friedlander (Duke, Wesley) Modified on 6/24/2022, text added (SMJ). (Additional attachment(s) added on 6/24/2022: # 1 Proposed Order) (SMJ). (Entered: 06/24/2022)

1 Proposed Order

View on PACER

June 24, 2022

June 24, 2022

RECAP
75

Proposed Order (Attachments: # 1 Exhibit) by Eric Friedlander. (Duke, Wesley) (Entered: 06/24/2022)

1 Exhibit

View on PACER

June 24, 2022

June 24, 2022

PACER
76

ANSWER to 1 Complaint, by Daniel Cameron. (Thacker, Christopher) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
77

ANSWER to 33 Intervenor Complaint by Daniel Cameron. (Thacker, Christopher) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
78

ORDER of USCA as to 66 Notice of Interlocutory Appeal. ORDER filed: The appeal is REMANDED to the district court for further proceedings consistent with the Supreme Court's decision in Dobbs. (JM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

Clearinghouse
79

JUDGMENT of USCA as to 66 Notice of Interlocutory Appeal filed by Daniel Cameron (JM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
80

Emergency MOTION re 65 Order on Motion for Preliminary Injunction,,,,, Dissolving by Defendant Daniel Cameron (Attachments: # 1 Proposed Order Dissolving Injunction) (Thacker, Christopher) (Entered: 06/30/2022)

1 Proposed Order Dissolving Injunction

View on PACER

June 30, 2022

June 30, 2022

RECAP
81

NOTICE of Intent to Respond to Emergency Motion to Lift Preliminary Injunction by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 80 Emergency MOTION re 65 Order on Motion for Preliminary Injunction,,,,, Dissolving (Romano, Jennifer) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
82

RESPONSE to Motion re 80 Emergency MOTION re 65 Order on Motion for Preliminary Injunction,,,,, Dissolving Injunction filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Attachments: # 1 Declaration of Miranda Turner in Support of Plaintiffs' Opposition to Emergency Motion to Lift Preliminary Injunction, # 2 Exhibit 1 in Support of Declaration of Miranda Turner) (Turner, Miranda) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
83

REPLY to Response to Motion re 80 Emergency MOTION re 65 Order on Motion for Preliminary Injunction,,,,, Dissolving filed by Daniel Cameron. (Attachments: # 1 Exhibit Ex 1 - Abortion Report Form, # 2 Exhibit Ex 2 - Abortion Prescription Form) (Thacker, Christopher) (Entered: 07/10/2022)

July 10, 2022

July 10, 2022

PACER
84

ORDER signed by Judge Rebecca Grady Jennings on 7/11/2022 re 83 Reply to Response to Motion. Because the Attorney General raised new arguments in his reply, Plaintiffs may file a sur-reply responding to these new arguments by 7/12/2022, at 11:59 p.m. The Cabinet shall file a status report by 7/12/2022, at 11:59 p.m. regarding the steps it has taken to comply with HB 3's requirements since the entry of this Court's Preliminary Injunction (DE 65 ). The Cabinet, and any other effected party, is required to notify the Court within 24 hours of any changes regarding the ability to comply with HB 3. cc: Counsel (SMJ) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

RECAP
85

STATUS REPORT by Eric Friedlander. (Duke, Wesley) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
86

REPLY re 83 Reply to Response to Motion, to Lift Preliminary Injunction (Sur-Reply in Opposition) filed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Romano, Jennifer) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
87

ORDER Signed by Judge Rebecca Grady Jennings on 7/14/2022. The Attorney General's Motion to Lift Preliminary Injunction (DE 80 ) is GRANTED IN PART as it applies to HB 3 §§ 27, 33(2), (4), and (6), and 34 and REMAINS SUBMITTED TO THE COURT FOR CONSIDERATION as it applies to all other enjoined sections of HB 3. The Preliminary Injunction (DE 65 ) is PARTIALLY DISSOLVED as it applies to HB 3 §§ 27, 33(2), (4), and (6), and 34 as of 11:59 p.m. EDT Friday, 7/15/2022. The Cabinet and Planned Parenthood shall file status reports and/or additional briefing seven days from the entry of this Order describing any progress made towards compliance with HB 3. Because the Cabinet did not articulate a reason for its request for a status conference, the Cabinet's Motion for a Status Conference (DE 74 ) is DENIED at this time. cc: Counsel (SMJ) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

Clearinghouse
88

STATUS REPORT by Eric Friedlander. (Duke, Wesley) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
89

STATUS REPORT by EMW Women's Surgical Center, P.S.C., Ernest Marshall, MD, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc.. (Gatnarek, Heather) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
90

ANSWER to 1 Complaint, by Michael S. Rodman. (Diakov, Leanne) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
91

ANSWER to 33 Intervenor Complaint by Michael S. Rodman. (Diakov, Leanne) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
92

STATUS REPORT by Eric Friedlander. (Duke, Wesley) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
93

ANSWER to 1 Complaint, by Thomas B. Wine. (Moore, Jason) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER
94

ANSWER to 33 Intervenor Complaint by Thomas B. Wine. (Moore, Jason) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER
95

MOTION for Extension of Time to Amend Motion for Extension of Time to File Amended Complaint as of Right by Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. (Romano, Jennifer) (Additional attachment(s) added on 8/22/2022: # 1 Proposed Order) (SMJ). (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
96

NOTICE of Filing of [Proposed] Order Regarding Motion for Extension of Time to File Amended Complaint as of Right by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, Inc. re 95 MOTION for Extension of Time to Amend Motion for Extension of Time to File Amended Complaint as of Right (Attachments: # 1 Exhibit A - Proposed Order) (Romano, Jennifer) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
97

MEMORANDUM OPINION & ORDER signed by Judge Rebecca Grady Jennings on 8/30/2022. The Attorney General's Motion to Lift Preliminary Injunction (DE 80 ) is GRANTED IN PART as it applies to HB 3 §§ 1(2) and (9)(10), § 4(2)(a), (c)(m), (o)(s), and (3)(5), and 29(1)(4). The Attorney General's Emergency Motion to Lift Preliminary Injunction (DE 80 ) is GRANTED IN PART as it applies to HB 3 §§ 9(3), 25, and 26(2)(3) and (4)(a)(b) and (d) only to the extent Plaintiffs can comply with § 4. The Preliminary Injunction (DE 65 ) is PARTIALLY DISSOLVED as it applies to the sections of HB 3 listed above, effective 5:00 P.M. EST on August 31, 2022. The Attorney General's Motion to Lift Preliminary Injunction (DE 80 ) REMAINS SUBMITTED TO THE COURT FOR CONSIDERATION as it applies to all enjoined sections of HB 3. The Cabinet and Plaintiffs shall file status reports and/or additional briefing by close of business on 9/16/2022. cc: Counsel (SMJ) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

Clearinghouse
98

RESPONSE to Motion re 95 MOTION for Extension of Time to Amend Motion for Extension of Time to File Amended Complaint as of Right filed by Daniel Cameron. (Thacker, Christopher) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
99

STATUS REPORT (Attachments: # 1 Exhibit minor consent form, # 2 Exhibit amended regulation, # 3 Exhibit patient consent form) by Eric Friedlander. (Duke, Wesley) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER