Case: Planned Parenthood Association of Utah v. Miner

2:19-cv-00238 | U.S. District Court for the District of Utah

Filed Date: April 10, 2019

Closed Date: June 27, 2022

Clearinghouse coding complete

Case Summary

On April 10th, 2019, Planned Parenthood of Utah sued the State of Utah in the United States District Court for the District of Utah, alleging that the state's 18-week abortion ban was unconstitutional. In the complaint, Planned Parenthood specifically alleged that Utah House Bill 136 violated the Fourteenth Amendment by banning virtually all abortions at 18 weeks of pregnancy, in contravention of the constitutional right to abortion established by the Supreme Court in Roe v. Wade. Planned Paren…

On April 10th, 2019, Planned Parenthood of Utah sued the State of Utah in the United States District Court for the District of Utah, alleging that the state's 18-week abortion ban was unconstitutional. In the complaint, Planned Parenthood specifically alleged that Utah House Bill 136 violated the Fourteenth Amendment by banning virtually all abortions at 18 weeks of pregnancy, in contravention of the constitutional right to abortion established by the Supreme Court in Roe v. Wade. Planned Parenthood argued that, since no fetus is viable at 18 weeks of gestation, the bill violated settled Supreme Court precedent because no court had upheld any ban on abortion prior to fetal viability. Represented by the Planned Parenthood Federation of America and the ACLU Foundation of Utah, Planned Parenthood sought declaratory and injunctive relief, as well as attorneys' fees. The same day they filed their complaint, Planned Parenthood moved for a preliminary injunction enjoining enforcement of the ban.

The case was originally assigned to Magistrate Judge Evelyn J. Furse, but was reassigned to District Judge Clark Waddoups on April 11, 2019, after Planned Parenthood moved for a preliminary injunction. On April 18, 2019, the state-level defendants—the Governor, Attorney General, Executive Director of the Utah Department of Health, and Director of the Utah Division of Occupational and Professional Licensing—filed a joint motion for a preliminary injunction as to the state defendants. While they did not concede that the House Bill violated the Constitution, they agreed that important questions were raised, and that a preliminary injunction was appropriate pending court proceedings.

The court granted the joint motion and enjoined enforcement of the ban on April 18, 2019, denying as moot Planned Parenthood's earlier motion for a preliminary injunction only as to the state-level defendants. The court instructed Planned Parenthood and the county-level defendants to submit their own related stipulation. On May 9, 2019, Planned Parenthood and the Salt Lake County District Attorney submitted a joint and stipulated motion for preliminary injunctive relief, enjoining the District Attorney's office from enforcing the 18-week abortion ban. The Salt Lake County District Attorney, having already engaged in non-enforcement of the House Bill provision, determined that a preliminary injunction enjoining enforcement would not hamper his office pending a court hearing. The court signed the order for injunctive relief on May 13, 2019.

The parties engaged in discovery throughout the rest of 2019.

On October 18, 2019, the defendants moved to stay the case pending the Supreme Court's decision in June Medical Services, L.L.C. v. Russo, anticipating that expert testimony might be affected by the pending ruling. Planned Parenthood opposed the motion on November 1, 2019, arguing that the case would be unnecessarily delayed. Finding that a stay would potentially delay court proceedings, but not otherwise affect implementation of the law since the plaintiffs had already secured injunctive relief, the court granted the stay on December 10, 2019. 

On June 29, 2020, the Supreme Court issued its decision in June Medical,140 S.Ct. 2103, which did not end up impacting this case. Judge Waddoups lifted the stay on July 14, 2020.

Planned Parenthood moved for summary judgement on October 19, 2020, arguing that the 18-week abortion ban was unconstitutional as a matter of law because it banned abortion access prior to fetal viability. Planned Parenthood argued that pursuant to the Supreme Court's decision in Roe v. Wade, 410 U.S. 113 (1973), all courts had invalidated any abortion statute which banned access to the procedure prior to the viability of the fetus.

On November 16, 2020, the state-level defendants filed a cross-motion for summary judgment. They agreed there were no material issues of fact to resolve, but argued that the state had a legitimate interest in protecting fetuses from unnecessary pain and suffering, and that an 18-week ban did not impose an undue burden on a woman's right to choose. They further alleged that Planned Parenthood lacked standing to bring the action. 

On June 22, 2022, the court issued an order requesting both parties' position on whether the case should be stayed again pending the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. On July 7, 2022, both parties complied with this order. Planned Parenthood urged the court not to stay proceedings and to settle the case under the law as it stood. The defendants requested a stay, arguing the Dobbs decision could moot any proceedings. 

The Dobbs decision was released on June 24, 2022, overturning Roe v. Wade and eliminating the constitutional right to abortion. The parties in this case filed a joint stipulation for dismissal on June 26, 2022, and on June 27, 2022, the case was dismissed. 

Summary Authors

Sandy Sulzer (10/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14915655/parties/planned-parenthood-association-of-utah-v-miner/


Attorney for Plaintiff

Bajramovic, Hana (Utah)

Farrell, Leah M. (Utah)

Fex, Valentina De (Utah)

Mejia, John M. (Utah)

Attorney for Defendant

Goddard, Darcy M. (Utah)

show all people

Documents in the Clearinghouse

Document
2

2:19-cv-00238

Complaint for Declaratory and Injunctive Relief

April 10, 2019

April 10, 2019

Complaint
34

2:19-cv-00238

Order Granting Stipulated Preliminary Injunction as to State Defendants

April 18, 2019

April 18, 2019

Order/Opinion
40

2:19-cv-00238

Order Granting: Salt Lake County District Attorney Sim Gill's and Planned Parenthood's Joint and Stipulated Motion for Entry of Preliminary Injunctive Relief

May 13, 2019

May 13, 2019

Order/Opinion
63

2:19-cv-00238

Order Granting Stay

Dec. 10, 2019

Dec. 10, 2019

Order/Opinion
76

2:19-cv-00238

Order Granting Stipulated Motion for Briefing Schedule on Cross Motions For Summary Judgment

Oct. 7, 2020

Oct. 7, 2020

Order/Opinion
78

2:19-cv-00238

Plaintiff's Motion for Summary Judgment and Memorandum in Support

Oct. 19, 2020

Oct. 19, 2020

Pleading / Motion / Brief
86

2:19-cv-00238

State Defendant's Cross Motion for Summary Judgment

Planned Parenthood Association of Utah v. Saunders

Nov. 16, 2020

Nov. 16, 2020

Pleading / Motion / Brief
111

2:19-cv-00238

Joint Stipulation of Dismissal

Planned Parenthood Association of Utah v. Checketts

June 26, 2022

June 26, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14915655/planned-parenthood-association-of-utah-v-miner/

Last updated Feb. 5, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Planned Parenthood Association of Utah is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
2

COMPLAINT against Sim Gill, Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel (Filing fee $ 400, receipt number1088-3247517) filed by Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit A - H.B. 136, # 2 Civil Cover Sheet Civil Cover) Assigned to Magistrate Judge Evelyn J. Furse (Farrell, Leah) Modified on 4/10/2019 to correct receipt number (nl). (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

Clearinghouse
3

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Joseph Miner. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
4

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Julie Murray, for Plaintiff Planned Parenthood Association of Utah. (nl) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
5

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
6

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jennifer Sandman, for Plaintiff Planned Parenthood Association of Utah. (nl) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
7

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Mark B. Steinagel. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
8

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Sean D. Reyes. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
9

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Sean D. Reyes. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
10

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Sim Gill. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
11

CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Planned Parenthood Association of Utah. (Farrell, Leah) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
12

MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit A)(Farrell, Leah) (Entered: 04/10/2019)

1 Exhibit A

View on PACER

April 10, 2019

April 10, 2019

PACER
13

DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED: Based upon the Plaintiff's filing of a 12 Motion for Preliminary Injunction, or in the Alternative, a Temporary Restraining Order, IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 4/11/2019. (nas) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER

Order

April 11, 2019

April 11, 2019

PACER
14

Case Reassigned to District Judge per 13 Docket Text Order for Case to be Reassigned. Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (jwt) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
15

NOTICE OF CONVENTIONAL FILING of Video of House of Rep. Debate filed by Plaintiff Planned Parenthood Association of Utah re 12 MOTION for Preliminary Injunction and Memorandum in Support (Farrell, Leah) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
16

MOTION for Admission Pro Hac Vice of Jennifer R. Sandman, Registration fee $ 250, receipt number 1088-3248790, filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit A -- Application, # 2 Exhibit B -- ECF Registration, # 3 Text of Proposed Order)(Farrell, Leah) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
17

MOTION for Admission Pro Hac Vice of Julie Murray, Registration fee $ 250, receipt number 1088-3248812, filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit A -- Application, # 2 Exhibit B -- ECF Registration, # 3 Text of Proposed Order)(Farrell, Leah) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
18

ORDER granting 16 Motion for Admission Pro Hac Vice of Jennifer R. Sandman for Planned Parenthood Association of Utah. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 4/11/19. (jmr) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
19

ORDER granting 17 Motion for Admission Pro Hac Vice of Julie Murray for Planned Parenthood Association of Utah. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 4/11/19. (jmr) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
20

NOTICE OF CONVENTIONAL FILING of Video of Statement filed by Plaintiff Planned Parenthood Association of Utah re 15 Notice of Conventional Filing. The video was not entered on the docket due to (size, file type, CD, DVD, etc) and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (jmr) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
21

NOTICE OF HEARING: Status Conference set for 4/18/2019 at 02:30 PM in Rm 8.100 before Judge Clark Waddoups. Plaintiff is directed to provide notice to each of the defendants no later than April 16, 2019 about the date and time of the Status Conference. (tdp) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
22

WAIVER OF SERVICE Returned Executed filed by Sim Gill as to Sim Gill Waiver sent on 4/15/2019, answer due 6/14/2019. (Goddard, Darcy) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
23

NOTICE of Appearance by Darcy M. Goddard on behalf of Sim Gill (Goddard, Darcy) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
24

NOTICE of Appearance by Lance F. Sorenson on behalf of Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel (Sorenson, Lance) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
25

NOTICE of Appearance by David N. Wolf on behalf of Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel (Wolf, David) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
26

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Sean D. Reyes served on 4/11/2019, answer due 5/2/2019. (Attachments: # 1 Exhibit A-Court Issued Summons)(Farrell, Leah) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
27

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Gary R. Herbert served on 4/11/2019, answer due 5/2/2019. (Attachments: # 1 Exhibit A-Court Issued Summons)(Farrell, Leah) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
28

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Joseph Miner served on 4/12/2019, answer due 5/3/2019. (Attachments: # 1 Exhibit A-Court Issued Summons)(Farrell, Leah) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
29

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Mark B. Steinagel served on 4/15/2019, answer due 5/6/2019. (Attachments: # 1 Exhibit A-Court Issued Summons)(Farrell, Leah) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
30

CERTIFICATE OF SERVICE by Planned Parenthood Association of Utah re 12 MOTION for Preliminary Injunction and Memorandum in Support and Expedited Briefing Schedule or, in the Alternative, a TRO (Farrell, Leah) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
31

Joint MOTION for Preliminary Injunction As to State Defendants filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Stipulated Preliminary Injunction)(Sorenson, Lance) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

RECAP
32

Salt Lake County District Attorney Sim Gill's ANSWER to Complaint for Declaratory and Injunctive Relief filed by Sim Gill.(Goddard, Darcy) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

RECAP
33

Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 4/18/2019. The parties agreed that it is appropriate for the court to enter the proposed order granting the preliminary injunction based on the stipulation between the plaintiff and the State of Utah defendants. Plaintiff and the county defendants will submit their own related stipulation. Discussion and argument was heard regarding how the case will proceed. The court determined that the State of Utah defendants' answer will be due May 2. Their motion to be allowed to take proportional discovery should be filed on or before May 3. Plaintiff's response memorandum is due by May 17. Defendants' reply, if any, is due by May 24. The court will then rule on the discovery motion at which time a schedule for dispositive motions will be addressed. Court was adjourned. Attorney for Plaintiff: Leah Farrell, John Mejia, Julie A. Murray (telephonically), Attorney for Defendant: David Wolf, Lance Sorenson, Darcy Goddard. Court Reporter: Patti Walker.(tcs) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
34

PRELIMINARY INJUNCTION- Denied as to State Defendants only: 12 MOTION for Preliminary Injunction and Memorandum in Support filed by Planned Parenthood Association of Utah,granting 31 Joint MOTION for Preliminary Injunction As to State Defendants filed by Sean D. Reyes, Mark B. Steinagel, Joseph Miner, Gary R. Herbert. See Order for details. Signed by Judge Clark Waddoups on 4/18/19. (jmr) Modified on 4/18/2019 fixed typo (jmr). (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

Clearinghouse
35

State Defendants' ANSWER to Complaint filed by Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel.(Sorenson, Lance) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

RECAP
36

Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Exhibit [Proposed] Scheduling Order)(Sorenson, Lance) (Entered: 05/03/2019)

1 Exhibit [Proposed] Scheduling Order

View on PACER

May 3, 2019

May 3, 2019

RECAP
37

MOTION for Leave to File as Amicus Curiae and Memorandum in Support filed by Movant Jonathan L. Peterson. (jmr) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
38

Plaintiff's MEMORANDUM in Opposition re 37 MOTION for Leave to File as Amicus Curiae and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Murray, Julie) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

RECAP
39

Stipulated MOTION for Preliminary Injunction and Memorandum in Support Filed Jointly by Salt Lake County District Attorney Sim Gill and Planned Parenthood Association of Utah filed by Defendant Sim Gill. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint and Stipulated Motion for Preliminary Injunctive Relief)(Goddard, Darcy) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

RECAP
40

ORDER granting 39 Motion for Preliminary Injunction. See order for details. Signed by Judge Clark Waddoups on 5/13/2019. (las) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

Clearinghouse
41

RESPONSE to Motion re 37 MOTION for Leave to File as Amicus Curiae and Memorandum in Support filed by Defendant Sim Gill. (Goddard, Darcy) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

RECAP
42

Plaintiff's RESPONSE to Motion re 36 Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Affidavit of Julio Castillo)(Murray, Julie) (Entered: 05/17/2019)

1 Affidavit of Julio Castillo

View on PACER

May 17, 2019

May 17, 2019

PACER
43

RESPONSE to Motion re 36 Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof filed by Defendant Sim Gill. (Goddard, Darcy) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
44

Defendant's MEMORANDUM in Support re 36 Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Sorenson, Lance) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
45

NOTICE OF HEARING ON MOTION re: 36 Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof. Motion Hearing set for 6/20/2019 at 03:30 PM in Rm 8.100 before Judge Clark Waddoups. (tdp) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
46

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 6/20/2019 re 36 Defendant's MOTION for Discovery (Limited, Proportional) and Memorandum in Support thereof filed by Sean D. Reyes, Mark B. Steinagel, Joseph Miner, Gary R. Herbert. Discussion and argument heard on the motion. For the reasons stated on the record, the court will grant in part and deny in part the motion for discovery. Counsel should confer on a revised scheduling order for the court's review and resubmit a proposed scheduling order. A written order will follow. Attorney for Plaintiff: Julie A. Murray, Leah M. Farrell, John M. Mejia, Attorney for Defendant: Lance F. Sorenson, David N. Wolf, Darcy M. Goddard. Court Reporter: Laura Robinson.(tcs) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
47

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Defendant's Motion for Discovery held on June 20, 2019 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/19/2019. (jmr) Modified by removing restricted text on 9/19/2019 (rks). (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
49

ORDER granting in part and denying in part 36 Motion for Discovery. THE COURT FURTHER ORDERS the parties to meet and confer about an appropriate discovery schedule. The court directs the parties to submit a proposed scheduling order to the court on or before July 8, 2019. See Order for details. Signed by Judge Clark Waddoups on 6/20/19. (jmr) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

RECAP
50

MOTION for Scheduling Order and Memorandum in Support as Stipulated by Parties filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
51

SCHEDULING ORDER granting 50 Motion for Scheduling Order Amended Pleadings due by 8/26/2019. Joinder of Parties due by 8/26/2019. Expert Discovery due by 1/30/2020. Motions due by 2/13/2020. See Order for additional deadlines. Signed by Judge Clark Waddoups on 7/15/19. (jmr) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
52

NOTICE OF HEARING: Status Report and Scheduling Conference set for 2/27/2020 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. The hearing is to receive a report about the status of the case and to set a time for trial. If a dispositive motion is filed before the hearing, the hearing will be cancelled until after the dispositive motion is addressed. (tdp) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
53

CERTIFICATE OF SERVICE by Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel State Defendants' Initial Disclosures (Sorenson, Lance) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
54

CERTIFICATE OF SERVICE by Planned Parenthood Association of Utah of Plaintiff's Initial Disclosures (Murray, Julie) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
55

CERTIFICATE OF SERVICE by Planned Parenthood Association of Utah of Plaintiff's First Set of Discovery Requests to State Defendants (Murray, Julie) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
56

CLERK'S NOTICE OF POSSIBLE ERROR re 54 Certificate of Service, 53 Certificate of Service, 55 Certificate of Service. Description of possible error: Pursuant to Rule 26-1 discovery is not to be filed with the Court. This includes certificates of service. (jmr) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
57

ORDER denying 37 Motion for Leave to File as Amicus Curaie. Signed by Judge Clark Waddoups on 07/25/2019. (kpf) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
58

Joint MOTION for Protective Order and Memorandum in Support of an Amended and Stipulated Protective Order filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Proposed stipulated protective order, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 08/12/2019)

1 Exhibit Proposed stipulated protective order

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 12, 2019

Aug. 12, 2019

RECAP
59

PROTECTIVE ORDER- Motions terminated: 58 Joint MOTION for Protective Order and Memorandum in Support of an Amended and Stipulated Protective Order filed by Planned Parenthood Association of Utah. Signed by Judge Clark Waddoups on 8/12/19. (jmr) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
60

MOTION to Stay and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Exhibit Louisiana Cross Petition for Cert, # 2 Exhibit States' Amicus Brief, # 3 Exhibit Opposition to Cross Petition, # 4 Exhibit Supreme Court Order)(Sorenson, Lance) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
61

MEMORANDUM in Opposition re 60 MOTION to Stay and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit State Defs.' Expert Disclosures, # 2 Exhibit Pl.'s Corrected Expert Disclosures, # 3 Exhibit Pl.'s Rebuttal Expert Disclosures, # 4 Exhibit State Defs.' Responses to First Set of Discovery Requests)(Murray, Julie) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
62

Defendant's REPLY to Response to Motion re 60 MOTION to Stay and Memorandum in Support of Motion to Stay filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Exhibit Ex. A - Dr. Coleman's Expert Report, # 2 Exhibit Ex. B - Dr. Calhoun's Expert Report)(Sorenson, Lance) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
63

ORDER granting 60 Motion to Stay for until Supreme Court issues its decision in Gee v. June Medical. To the extent rebuttal expert reports have not been exchanged, the parties are directed to complete those reports on or before December 20, 2019. Thus, if the case proceeds, all of the reports will be complete and ready for depositions. The court directs Plaintiff to notify the court within 14 days once the Supreme Court issues its decision in Gee v. June Medical. The court will then set a Status Conference to determine how the case shall proceed. Signed by Judge Clark Waddoups on 12/10/19. (jmr) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

Clearinghouse
64

NOTICE VACATING HEARING set for 02/27/2020 at 2:45 p.m. before Judge Waddoups. Status Report and Scheduling Conference are cancelled due to the present stay. (tdp) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
65

NOTICE of Decision in June Medical Services by Planned Parenthood Association of Utah re 63 Order on Motion to Stay,, (Attachments: # 1 June Medical Services Decision) (Murray, Julie) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
66

ORDER LIFTING STAY - The parties shall submit a proposed scheduling order on or before July 21, 2020. Signed by Judge Clark Waddoups on 7/14/2020. (lnp) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
67

NOTICE of Joint Proposed Schedule by Planned Parenthood Association of Utah re 66 Order Lifting Stay (Attachments: # 1 Text of Proposed Order Resetting Schedule) (Murray, Julie) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
68

Joint MOTION to Enter a Stipulated Order Concerning Protocol for Conducting Remote Depositions filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Text of Proposed Order Concerning Protocol for Conducting Remote Depositions)(Murray, Julie) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
69

ORDER RESETTING SCHEDULE: Discovery due by 9/30/2020. Motions due by 10/19/2020. Final Pretrial Conference set for 2/16/2021 at 01:30 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 8/5/2020. (lnp) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
70

STIPULATION and ORDER Concerning Protocol for Conducting Remote Depositions. Signed by Judge Clark Waddoups on 8/5/2020. (lnp) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
71

First MOTION for Admission Pro Hac Vice of Hana Bajramovic, Registration fee $ 250, receipt number AUTDC-3694060,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Application PHV Bajramovic, # 2 Text of Proposed Order Text of Proposed Order)(Farrell, Leah) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
72

MOTION for Admission Pro Hac Vice of Hannah Swanson, Registration fee $ 250, receipt number AUTDC-3694492,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Application PHV Swanson, # 2 Text of Proposed Order)(Farrell, Leah) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
73

ORDER granting 71 Motion for Admission Pro Hac Vice of Attorney Hana Bajramovic for Planned Parenthood Association of Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Judge Clark Waddoups on 8/25/2020. (lnp) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
74

ORDER granting 72 Motion for Admission Pro Hac Vice of Attorney Hannah Swanson for Planned Parenthood Association of Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Judge Clark Waddoups on 8/25/2020. (lnp) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
75

Stipulated MOTION for Scheduling Order filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Text of Proposed Order)(Sorenson, Lance) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
76

ORDER granting 75 Stipulated Motion for Briefing Schedule on Cross Motions for Summary Judgment. Signed by Judge Clark Waddoups on 10/7/2020. (lnp) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

Clearinghouse
76

ORDER granting 75 Stipulated Motion for Briefing Schedule on Cross Motions for Summary Judgment. Signed by Judge Clark Waddoups on 10/7/2020. (lnp) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

Clearinghouse
77

NOTICE OF WITHDRAWAL OF COUNSEL of Leah Farrell filed by Leah M. Farrell on behalf of Planned Parenthood Association of Utah (Farrell, Leah) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
78

Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Appendix of Evidence, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

Clearinghouse
78

Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Appendix of Evidence, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

Clearinghouse
79

MOTION for Leave to File Excess Pages and Memorandum in Support (Unopposed) filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Proposed Motion to Exclude State Defendants' Expert Testimony, # 2 Exhibit Proposed Appendix of Evidence (Volume I) in Support of Motion to Exclude State Defendants' Expert Testimony, # 3 Exhibit Proposed Appendix of Evidence (Volume II) in Support of Motion to Exclude State Defendants' Expert Testimony, # 4 Exhibit Proposed Order Granting Motion to Exclude State Defendants' Expert Testimony, # 5 Text of Proposed Order)(Murray, Julie) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
80

ORDER granting 79 Plaintiff's Unopposed Motion for Leave to File Overlength Motion to Exclude State Defendants' Expert Testimony. Plaintiff may file a Motion to Exclude State Defendants' Expert Testimony not to exceed 38 pages, excluding those portions of the motion not counted by Local Rule DUCiv R 7-1(a)(3)(C). Signed by Judge Clark Waddoups on 10/20/2020. (lnp) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
81

Plaintiff's MOTION to Exclude State Defendants' Expert Testimony and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Appendix of Evidence (Vol. I), # 2 Appendix of Evidence (Vol. II), # 3 Text of Proposed Order)(Murray, Julie) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
82

Defendant's MOTION for Leave to File Excess Pages filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Text of Proposed Order)(Sorenson, Lance) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
83

Defendant's MOTION for Leave to File Excess Pages filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Text of Proposed Order)(Sorenson, Lance) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
84

ORDER granting 82 Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's Motion for Summary Judgment. Signed by Judge Clark Waddoups on 11/12/2020. (lnp) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
85

ORDER granting 83 Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's Motion to Exclude State Defendants' Expert Testimony. Signed by Judge Clark Waddoups on 11/12/2020. (lnp) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
86

Cross MOTION for Summary Judgment filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Text of Proposed Order)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

Clearinghouse
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
87

MEMORANDUM in Opposition re 78 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Appendix of Evidence)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
88

Defendant's MEMORANDUM in Opposition re 81 Plaintiff's MOTION to Exclude State Defendants' Expert Testimony and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph Miner, Sean D. Reyes, Mark B. Steinagel. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2, # 3 Exhibit #3, # 4 Exhibit #4, # 5 Exhibit #5, # 6 Exhibit #6, # 7 Exhibit #7)(Sorenson, Lance) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
89

Plaintiff's MOTION for Extension of Time to File Response/Reply and Memorandum in Support of Plaintiffs Motion to Exclude Expert Testimony filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Text of Proposed Order)(Murray, Julie) Modified on 11/30/2020 by linking motion to 81 (lnp). (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
90

ORDER granting 89 Motion for Extension of Time to File Response/Reply re 81 Plaintiff's MOTION to Exclude State Defendants' Expert Testimony and Memorandum in Support. Plaintiff shall file its Reply on or before December 17, 2020. Signed by Judge Clark Waddoups on 11/30/2020. (lnp) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
91

MOTION for Leave to File Excess Pages and Memorandum in Support (Unopposed) filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Plaintiff's Opposition to Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit Opposition Evidence Appendix (Volume I), # 3 Exhibit Opposition Evidence Appendix (Volume II), # 4 Exhibit Opposition Evidence Appendix (Volume III), # 5 Exhibit Proposed Order on Cross-Motion for Summary Judgment, # 6 Text of Proposed Order Granting Motion to File an Overlength Brief)(Murray, Julie) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
92

ORDER granting 91 Motion for Leave to File Overlength Memorandum in Opposition to State Defendants' Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment. Signed by Judge Clark Waddoups on 12/15/2020. (lnp) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
93

Plaintiff's MEMORANDUM in Opposition re 86 Cross MOTION for Summary Judgment & Reply in Support of Plaintiff's Motion for Summary Judgment (Corrected) filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Appendix Volume I, # 2 Appendix Volume II, # 3 Appendix Volume III, # 4 Text of Proposed Order (Granting Plaintiff's Mot. for Summary Judgment & Denying Defendants' Cross-Motion for Summary Judgment))(Murray, Julie) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER

Case Details

State / Territory: Utah

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: April 10, 2019

Closing Date: June 27, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the Planned Parenthood Association of Utah.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Utah (Salt lake City, Utah), State

Salt Lake County (Salt Lake City, Utah), County

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Criminalization

Time-based abortion prohibition

Abortion

Type of Facility:

Non-government non-profit