Case: Armstrong v. Mazurek

U. S. Court of Appeals for the Ninth Circuit

Supreme Court of the United States

COMPLAINT - Original and one copy(s) (Summons(es) issued) to: pltf cnsl (LAV) (Entered: 07/31/1995)

MOTION by plaintiff for attorney Janet Benshoof, Simon Heller to appear pro hac vice (LAV) (Entered: 07/31/1995)

DECLARATION by plaintiff re [2-1] "Application" of JANET BENSHOOF re admission pro hac vice (LAV) (Entered: 07/31/1995)

DECLARATION by plaintiff re [2-1] "Application" of SIMON HELLER for admission pro hac vice (LAV) (Entered: 07/31/1995)

PROOF/NOTICE OF SERVICE by plaintiff of mtn to admit phv, complaint, smns, applications for phv (LAV) (Entered: 07/31/1995)

PROPOSED prop order submitted by plaintiff for admission pro hac vice--TO PGH (LAV)

ORDER by Judge Paul G. Hatfield granting appl [4-1] for attorney Simon Heller & Janet Benshoof to appear pro hac vice, as co-cnsl for pltfs (cc: all counsel) (MJG) (Entered: 08/01/1995)

FINANCIAL ENTRY re [4-1]...Receipt #013588, Check in amt of $60.00 for admission of Simon Heller & Janet Benshoof (MJG)

ORIGINAL SUMMONS w/RETURN OF SERVICE EXECUTED upon defendant Joseph Mazurek on 8/1/95 and WAIVER of SERVICE OF SUMMONS attached. (LAV) (Entered: 08/07/1995)

AMENDED COMPLAINT [1-1] by plaintiff James H. Armstrong, M.D., plaintiff Mark Miles, M.D., plaintiff Susan Wicklund, M.D., plaintiff Susan Cahill, P.A., plaintiff Mary Stranahan, D.O., plaintiff Beth E. Thompson, M.D., plaintiff Edwin L. Stickney, M.D. (LAV) (Entered: 08/16/1995)

MOTION by defendant Joseph Mazurek for summary judgment (CAD) (Entered: 08/17/1995)

MEMORANDUM/BRIEF by defendant Joseph Mazurek in support of motion for summary judgment [9-1] (CAD) (Entered: 08/17/1995)

STATEMENT of uncontroverted facts by defendant Joseph Mazurek in support of [9-1] (CAD) (Entered: 08/17/1995)

PROOF/NOTICE OF SERVICE by defendant Joseph Mazurek of dct.'s #9-#11 (CAD) (Entered: 08/17/1995)

MOTION by plaintiff to extend time to resp to deft mtn for SJ until 9/11/95; no objection (LAV) (Entered: 09/05/1995)

PROPOSED lodged order submitted by plaintiff; re #13 to PGH (LAV)

ORDER by Judge Paul G. Hatfield granting motion to extend time to resp to defts' mtn for SJ until 9/11/95 [13-1] (cc: all counsel) (MJG) (Entered: 09/06/1995)

MOTION by plaintiff for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action, and for hearing on the preliminary injunction mtn and summary jdgmnt motion during week of 9/18/95 (LAV) (Entered: 09/11/1995)

RESPONSE in opposition by plaintiff to dft motion for summary judgment [9-1] (LAV) (Entered: 09/11/1995)

STATEMENT of facts by plaintiff in opposition to pltf mtn for SJ [9-1] (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff James H. Armstrong, M.D. re [15-1] (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff Susan Wicklund, M.D. re [15-1] (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff Susan Cahill, P.A. re [15-1] (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff re [15-1] of DEBORAH KOTTEL, as a Montana State Representative and Human Services and Aging Committee; submitted in opposition to deft mtn for SJ and in supt of pltf mtn for Preliminary Injunction. (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff re [15-1] of STANLEY K. HENSHAW, as Deputy Director of Rseearch for the Alan Guttmacher Institute, submitted in supt of pltf mtn for Preliminary Injunction and against enforcement of House Bill No. 442 (LAV) (Entered: 09/11/1995)

DECLARATION by plaintiff re [15-1] of VIVIAN BROOKE, as Montana State Senator, submitted in opposition to deft mtn for SJ and in supt of pltf mtn for preliminary injunction. (LAV) (Entered: 09/11/1995)

MOTION by proposed intervenor Richard D. Simpkins to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein; a copy of which is ATTACHED TO THIS MOTION (LAV) (Entered: 09/11/1995)

MEMORANDUM/BRIEF by intervenor Richard D. Simpkins in support of motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein [24-1] (LAV) (Entered: 09/11/1995)

AFFIDAVIT of Representative RICHARD D. SIMPKINS re [24-1] (LAV) (Entered: 09/11/1995)

AFFIDAVIT of DAVID RYE re [24-1] (LAV) (Entered: 09/11/1995)

FILE DELIVERED to COURT for ruling on hearing and for preliminary injunction. (LAV)

RESPONSE by defendant Joseph Mazurek to Richard Simpkins' motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein; a copy of which is ATTACHED THIS MOTION [24-1] (MJG) (Entered: 09/12/1995)

ORDER by Judge Paul G. Hatfield setting hearing on motion for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action [15-1] 9:30 9/29/95, cnsl advised crt will allow one hr per side for presentation of evidence and oral argument; granting motion for hearing on the preliminary injunction mtn [15-2] (cc: all counsel) (LAV) Modified on 09/22/1995 (Entered: 09/22/1995)

RESPONSE by defendant Joseph Mazurek to motion for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action [15-1] (LAV) (Entered: 09/22/1995)

PROOF/NOTICE OF SERVICE by defendant Joseph Mazurek of brf in support of mtn for SJ and oppos to pltf mtn for prelim injunct. (LAV) (Entered: 09/22/1995)

MINUTES: that the motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein; a copy of which is ATTACHED TO THIS MOTION [24-1] is submitted, that the motion for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action [15-1] is submitted, that the motion for summary judgment [9-1] is submitted before Judge Paul G. Hatfield (REW) (Entered: 09/22/1995)

REMARK; Order #29 re-docketed; unterminating mtn for preliminary injunction; granting mtn for hearing. (LAV)

RESPONSE by pltfs to motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein [24-1] (MJG) (Entered: 09/26/1995)

REPLY by plaintiff James H. Armstrong, M.D., plaintiff Mark Miles, M.D., plaintiff Susan Wicklund, M.D., plaintiff Susan Cahill, P.A., plaintiff Mary Stranahan, D.O., plaintiff Beth E. Thompson, M.D., plaintiff Edwin L. Stickney, M.D. to response to motion for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action [15-1] file delivered to: PGH (LAV) (Entered: 09/28/1995)

DECLARATION by plaintiffof GEORGE F. BROWN, M.D., M.P.H. re [34-1] (LAV) Modified on 09/28/1995 (Entered: 09/28/1995)

DECLARATION by plaintiff of DAVID GRIMES M.D. re [34-1] (LAV) (Entered: 09/28/1995)

REPLY by intervenor Richard D. Simpkins to response to motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein; a copy of which is ATTACHED TO THIS MOTION [24-1] file delivered to: PGH (LAV) (Entered: 09/29/1995)

MINUTES: at 10:05 w/crt, cnsl Turner Graybill, Janet Benshoof and Simon Heller present for pltf; cnsl Clay Smith and Elizabeth Baker present for deft; oral argt for pltf by Benshoof, and resp by Baker/Smith; crt recesses at 11:27; taking under advisement on 9/29/95 the motion for preliminary injunction prohibiting defts from enforcing House Bill No. 442 for pendency of action [15-1], taking under advisement on 9/29/95 the motion for summary judgment [9-1] before Judge Paul G. Hatfield C/R: Anne Perron (LAV) (Entered: 09/29/1995)

MEMORANDUM AND ORDER: by Judge Paul G. Hatfield GRANTING motion for preliminary injunction to the extent the State of Montana, its agents and employees, are enjoined from enforcing Mont. Code Ann. ion 50-20-109(1)(b) and Mont. Code Ann. Section 50-20-109(4) as amended by Chapter 321, Section 2 of the Montana Session Laws (1995). The plaintiffs' motion for preliminary injunctive relief is, however, DENIED to the extent it seeks to preclude the State of Montana from enforcing Mont. Code Ann. Section 37-20-103 and MMont. Code Ann. Section 50--20-109(1)(a) as amended by Chapter 321, Sections 1 and 2 of the MMontana Session Laws (1995). (REW) (Entered: 10/02/1995)

NOTICE OF APPEAL by plaintiff James H. Armstrong, M.D., plaintiff Mark Miles, M.D., plaintiff Susan Wicklund, M.D., plaintiff Susan Cahill, P.A., plaintiff Mary Stranahan, D.O., plaintiff Beth E. Thompson, M.D., plaintiff Edwin L. Stickney, M.D., from Dist Court decision [39-1] denying pltfs' mtn for preliminary injunctive relief against enforcement of Mont Code Ann 37-20-103, Mont Code Ann 50-20-109 1 1a] & Mont Code Ann 50-20-109 5 as amended by Chapter 321, Sec 1&2 of Mont Session Laws. Fee Amount $105.00; Receipt # 013657 (MJG) (Entered: 10/03/1995)

MAILED FOLLOWING: TO USCA: Notice of Appeal, Order #39, Docket Fee Pmt Form, Case Info & Docket. TO MEASURE, GRAYBILL, BENSHOOF, HELLER, MAZUREK, SMITH, BAKER & WHALEN: Notice of Appeal, Docket Fee Pmt Form, Case Info, Notice to Parties in CV Appeal & Docket [CAD & Transcript Designation form to Measure, Benshoof & Graybill]. TO SHERRY: Notice of Appeal, Order #39, Docket & 5x8 Card. TO CRT REPORTER: Notice of Appeal & Docket. (MJG)

ORDER from USCA; appeal filed 10/02/95 is a preliminary injuntion appeal & 9th Circuite Rule 3-3 shall apply. WI/7 days parties shall obtain an official transcript of proceedings. Submit orig. + 6 copies of briefs to Clerk of Crt. Briefing schedule; open brief due 10/30/95; answer brief due 11/27/95; optional reply brief due wi/14 days of service of answer brief. (cc: all counsel) (CAD) (Entered: 10/13/1995)

COPY of Appellate Court Order: appellants emergency mtn for injunctive relief pending appeal from DC order denying a preliminary injunction si granted temporarily pending further order of this crt. ST of MT is precluded from enforcing the provisions of Mont. Code Ann. 37-20-103 and 50-20-109 which ban the performance of first trimester abortions by a physician assistant pending further order of this court. (LAV) (Entered: 10/16/1995)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 09/29/95 regarding [40-1] (CAD) (Entered: 10/24/1995)

Rec'd request from USCA for Record on Appeal...Called USCA to advise them that the transcript designated has not been filed...Contacted Anne Perron re transcript from hrg on 9/29/95 (MJG)

TRANSCRIPT of Oral Argument proceedings on 09/29/95 (in expando) (MJG) (Entered: 02/13/1996)

CERTIFICATE OF RECORD Transmitted to USCA (transcript of 9/29/95 hrg filed on 2/13/96) (MJG) (Entered: 02/13/1996)

ORDER from USCA: Appellant's mtn for oral argmt is granted...set for 02/28/96 at 9am (cc: all counsel) (MJG) (Entered: 02/14/1996)

RECORD ON APPEAL sent to Circuit Court re [40-1] including Rptr's Transcript, Volume I (hrg on 09/29/95) (cc: all counsel) (MJG)

MINUTES: finding the motion to intervene as deft to assert defenses set forth in proposed answer to the complaint on file herein; a copy of which is ATTACHED TO THIS MOTION [24-1] moot pending appeal., finding the motion for summary judgment [9-1] moot pending appeal. before Judge Paul G. Hatfield (REW) (Entered: 04/11/1996)

ORDER from USCA: mtn to file brief amici curiae by Nat'l Right to Life is granted. (MJG) (Entered: 08/26/1996)

MOTION by pltrfs for preliminary injunction, for temporary restraining order, for expedited hearing (MJG) Modified on 08/29/1996 (Entered: 08/29/1996)

MEMORANDUM/BRIEF by pltfs in support of motion for preliminary injunction [49-1], of motion for temporary restraining order [49-2], of motion for expedited hearing [49-3] (MJG) (Entered: 08/29/1996)

PROPOSED order to show cause...TO PGH (MJG)

RESPONSE by defendant Joseph Mazurek to motion for preliminary injunction [49-1], to motion for temporary restraining order [49-2], to motion for expedited hearing [49-3] (MJG) (Entered: 08/30/1996)

ORDER by Judge Paul G. Hatfield setting SHOW CAUSE HEARING on motion for preliminary injunction [49-1] 10:00 9/11/96, setting hearing on motion for temporary restraining order [49-2] 10:00 9/11/96, setting hearing on motion for expedited hearing [49-3] 10:00 9/11/96; Oral argt will be 30 min per side; COPIES FAXED TO ALL CNSL ON 08/30/96 AND MAILED (cc: all counsel) (REW) (Entered: 08/30/1996)

REPLY by plaintiffs James H. Armstrong, et al, to response to motion for preliminary injunction [49-1], motion for temporary restraining order [49-2], motion for expedited hearing [49-3] file delivered to: PGH (MJG) Modified on 09/03/1996 (Entered: 09/03/1996)

ORDER TO SHOW CAUSE by Judge Paul G. Hatfield vacating hrg on 9/11/96 & resetting hearing on motion for preliminary injunction [49-1] for 10:30am on 9/10/96, setting hearing on motion for temporary restraining order [49-2] for 10:30am on 9/10/96, setting hearing on motion for expedited hearing [49-3] for 10:30am on 9/10/96. Oral argument will be 30 min per side; COPIES FAXED TO ALL CNSL & MAILED (cc: all counsel) (MJG) Modified on 09/04/1996 (Entered: 09/04/1996)

SUPPLEMENTAL BRIEF in support; by plaintiff re motion for preliminary injunction [49-1], re motion for temporary restraining order [49-2] (LAV) (Entered: 09/09/1996)

MINUTES: in re mtn for prelim inj [49-1] ; hrg held 9/10/96 re pltf mtn for temp restraining ord [49-2] ; hrg held 9/10/96, granting mtn for expedited hrg [49-3] before Judge Paul G. Hatfield C/R: LISA LEWIS. Crt allows 30 min each side. 10:40 w/crt, cnsl Janet Benshoof, Graybill, Beth Baker present. Cnsl Benshoof begins w/oral argt to crt. 11:04 cnsl Baker w/resp. Crt states no order will be issd until USCA ord is made. Cy of petition for rehearing/USCA presented by Baker; cy provided to crt. 11:09 rebuttal & resp by cnsl Benshoof re pltf Susan Cahill, P.A. Crt asks if cnsl are ready for trial on merits; crt will allow filing of depos, mtns for SJ, complete dscvy; crt may bifurcate if needed. Crt takes matters under advisement. Hrgs will be scheduled as crt deems appropriate. 11:25 crt adjourns. (LAV) (Entered: 09/10/1996)

STIPULATION/MOTION for preliminary injunction pending appeal (signed by Graybill & Smith) (MJG) (Entered: 11/04/1996)

PROPOSED order re stip #57...TO PGH (MJG)

JUDGMENT FROM USCA, FILED & ENTERED IN GF JUDGMENT BOOK, VOLUME 28, PAGE 51: Dist Crt judgment vacated & remanded re [Appeal [40-1]; Mandate issued 11/1/96 (cc: all counsel) (MJG) Modified on 06/02/1998 (Entered: 11/04/1996)

ORDER by Judge Paul G. Hatfield granting mtn for prelim injunction pending appeal [57-1]; 1. injunction shall apply only to pltf SUSAN CAHILL and will allow her to practice under those terms in effect prior to 10/1/95. Pltf Cahill must be supervised by a licensed physician and shall operate under physician assistance-certified utilz plan prevly approv by MT ST Board of Med Exam that incl performance of abortions pursuant to the provision of Mont. Code Ann. Title 37, Ch 20. No other physician assistants-certified will be allowed to perform abortions in MT under the terms of this stip or the crt's order. 2. this inj pending appeal will cont throughout the disposition of the pltf rqst for prelim injunction, and no hrg on mtn for prelim inj will take place until after disposition of the deft petition for writ of certiorari. (cc: all counsel) (LAV) (Entered: 11/05/1996)

MEMORANDUM/BRIEF by defendant Joseph Mazurek in support of motion Dissolve Injunction pending Appeal [60-1] (REW) (Entered: 08/21/1997)

MINUTES: that the deft's motion Dissolve Injunction pending Appeal [60-1] is submitted before Judge Paul G. Hatfield (REW) (Entered: 09/12/1997)

NOTICE by defendant Joseph Mazurek of Pltfs' Failure to oppose Mtn to Dissolve Injunction Pending Appeal (REW) (Entered: 09/15/1997)

PROPOSED lodged Order granting deft's Mtn to Dissolve Injunction pending Appeal-TO PGH (REW)

ORDER by Judge Paul G. Hatfield granting motion Dissolve Injunction entered on Nov 5, 95 pending Appeal is DISSOLVED [60-1] (cc: all counsel) (REW) (Entered: 09/19/1997)

MOTION by defendant Joseph Mazurek for leave to file sppl stmt of uncontroverted facts & sppl memo brief in sppt of deft's mtn for SJ (MJG) (Entered: 12/05/1997)

PROPOSED sppl memo brief in sppt of deft's mtn for SJ & sppl stmt of uncontroverted facts, submitted by defendant Joseph Mazurek...TO PGH (MJG)

PROPOSED order re mtn #64 submitted by defendant Joseph Mazurek...TO PGH (MJG)

ORDER by Judge Paul G. Hatfield granting motion for leave to file sppl stmt of uncontroverted facts & sppl memo brief in sppt of deft's mtn for SJ [64-1]; pltfs may file sppl stmt of genuine issues and/or appl brief in oppos to deft's mtn for SJ in accordance w/Local Rules 220-1 & 220-3; deft may file sppl reply brief in accordance w/Local Rule 220-1. (cc: all counsel) (MJG) (Entered: 12/09/1997)

SUPPLEMENTAL MEMORANDUM/BRIEF by defendant Joseph Mazurek in support of motion for summary judgment [9-1] (filed per order #65) (MJG) (Entered: 12/09/1997)

SUPPLEMENTAL STATEMENT OF UNCONTROVERTED FACTS, by defendant Joseph Mazurek re motion for summary judgment [9-1] (filed per order #65) (MJG) (Entered: 12/09/1997)

MINUTES: that the deft's motion for summary judgment [9-1] is submitted before Judge Paul G. Hatfield (REW) (Entered: 12/18/1997)

MOTION by plaintiffs, James H. Armstrong, et al, to extend time to file oppos to deft's sppl memo brief in sppt of mtn for SJ, to 1/6/98 (MJG) (Entered: 12/23/1997)

PROPOSED order re mtn #69...TO PGH (MJG)

ORDER by Judge Paul G. Hatfield granting motion to extend time to file oppos to deft's sppl memo brief in sppt of mtn for SJ, to 1/6/98 [69-1] (cc: all counsel) (MJG) (Entered: 12/29/1997)

STIPULATION BY ALL for Dismissal with Prejudice (REW) (Entered: 01/14/1998)

PROPOSED lodged Order of dismissal-TO PGH (REW)

ORDER by Judge Paul G. Hatfield regarding [71-1] dismissing case with each party to bear their or his own costs. (cc: all counsel) (JWG) (Entered: 01/15/1998)

RECORD ON APPEAL returned from U.S. Court of Appeals (Volume I, Transcript of 9/29/95 hearing, document #44) (MJG)

ARCHIVE CASE SENT TO RECORD CENTER FRC/Location # 199112-199160 Box # 45 of 49 Accession # 021 04 0016 FRC-Denver, CO, VOL 1-4 and 1 trnscrpt (LJM)