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Case: Comprehensive Health of Planned Parenthood Great Plains v. Lyskowski

2:16-cv-04313 | U.S. District Court for the Western District of Missouri

Filed Date: Nov. 30, 2016

Closed Date: Aug. 13, 2019

Clearinghouse coding complete

Case Summary

On November 30, 2016, Planned Parenthood brought this suit in the U.S. District Court for the Western District of Missouri Central Division against Missouri state officials to challenge several abortion restrictions. In particular, Plaintiffs asserted that Missouri’s Ambulatory Surgical Center Licensing Law and Hospital Relationship Restriction unconstitutionally burdened access to abortion in the state. These statutes would have required health centers that provide abortions to be licensed as …

On November 30, 2016, Planned Parenthood brought this suit in the U.S. District Court for the Western District of Missouri Central Division against Missouri state officials to challenge several abortion restrictions. In particular, Plaintiffs asserted that Missouri’s Ambulatory Surgical Center Licensing Law and Hospital Relationship Restriction unconstitutionally burdened access to abortion in the state. These statutes would have required health centers that provide abortions to be licensed as ambulatory surgical centers and physicians who provide abortions to have various forms of hospital admitting privileges and/or a written transfer agreement with a nearby hospital. Plaintiffs sought (1) a declaratory judgment stating that Missouri’s Ambulatory Surgical Center Licensing Law and Hospital Relationship Restriction are unconstitutional, (2) injunctive relief preventing the state from enforcing these statutes, and (3) attorneys fees and costs. This case was first assigned to District Judge Howard F. Sachs and then reassigned to District Judge Fernando J. Gaitan, Jr., and then District Judge Brian C. Wimes.

Defendants filed a motion to dismiss for lack of jurisdiction on January 10, 2017, and after hearing oral arguments, the court denied the motion to dismiss on March 10, 2017, affirming that the case was ripe for adjudication.

On April 19, 2017, the court granted Plaintiff’s motion for a preliminary injunction, preventing the state from enforcing either statute as litigation continued in order to protect the public interest and the status quo. 263 F.Supp.3d 729. Defendants then filed an appeal in the U.S. Court of Appeals for the Eight Circuit on May 4, 2017 (17-1996). Defendants also filed a motion to stay the preliminary injunction pending appeal on the same day, which was later denied by the circuit court on May 17, 2017, and affirmed by the Eighth Circuit on June 2, 2017. On September 12, 2017, a majority of the active judges on the Eighth Circuit voted to grant Defendants' petition for rehearing en banc, and after that rehearing, the court again denied the motion for stay on October 3, 2017. 

On September 10, 2018, the Eighth Circuit vacated the district court’s decision to grant a preliminary judgment and remanded the case back to the district court. The Eighth Circuit based its reasoning on its judgment that the district court had erred in considering a facial challenge on substantive due process grounds for the Ambulatory Surgical Center Licensing Law and did not weigh the state's "asserted benefits" of enforcing the Hospital Relationship Restriction. Plaintiffs then filed a second motion for a temporary restraining order and/or preliminary injunction on September 19, 2018. The district court denied this motion on October 3, 2018. Plaintiffs then filed a third motion for preliminary injunction on December 22, 2018, which was again denied on February 22, 2019. Plaintiffs once again appealed this decision on March 28, 2019 to the U.S. Court of Appeals for the Eight Circuit, but then dismissed the appeal on April 29, 2019 (19-1656).

On March 6, 2019, Plaintiffs filed a motion to stay this case until the Supreme Court of the United States issued a decision in June Medical Services, L.L.C. v. Gee, or in the alternative, to voluntarily dismiss the case without prejudice. On April 9, 2019, the court granted the motion to stay for a limited duration, until a status conference to be held on August 12, 2019. On August 13, 2019, the motion to stay was denied and the motion to dismiss without prejudice was granted. The trial court believed that regardless of whether the Supreme Court would grant the petition for writ of certiorari in June Medical Center in October 2019, it would necessitate a further extension of the stay and a current extension of the stay would only delay the resolution of Plaintiff’s claims in this Court.

Summary Authors

Kathleen Lok (11/15/2022)

Documents in the Clearinghouse

Document

17-01996

Docket 17-1996

Comprehensive Health of Planned Parenthood Great Plains v. Hawley et al.

U. S. Court of Appeals for the Eighth Circuit

Oct. 1, 2018

Oct. 1, 2018

Docket
1

2:16-cv-04313

Complaint

Nov. 30, 2016

Nov. 30, 2016

Complaint
68

2:16-cv-04313

Amended Memorandum and Order

Comprehensive Health of Planned Parenthood Great Plains v. Williams

March 10, 2017

March 10, 2017

Order/Opinion
93

2:16-cv-04313

Memorandum and Order

Comprehensive Health of Planned Parenthood Great Plains v. Williams

April 19, 2017

April 19, 2017

Order/Opinion
108

2:16-cv-04313

Order Denying Stay of Preliminary Injunction

Comprehensive Health of Planned Parenthood Great Plains v. Williams

May 17, 2017

May 17, 2017

Order/Opinion

17-01996

Opinion

Comprehensive Health of Planned Parenthood Great Plains v. Hawley

U. S. Court of Appeals for the Eighth Circuit

Sept. 10, 2018

Sept. 10, 2018

Order/Opinion
147

2:16-cv-04313

Order

Oct. 3, 2018

Oct. 3, 2018

Order/Opinion
186

2:16-cv-04313

Opinion and Order

Comprehensive Health of Planned Parenthood Great Plains v. Williams

Feb. 22, 2019

Feb. 22, 2019

Order/Opinion

2:16-cv-04313

Order

April 9, 2019

April 9, 2019

Order/Opinion
206

2:16-cv-04313

Order

Comprehensive Health of Planned Parenthood Great Plains v. Williams

Aug. 13, 2019

Aug. 13, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4546786/comprehensive-health-of-planned-parenthood-great-plains-v-lyskowski/

Last updated Nov. 15, 2022, 10:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jean Peters Baker, Dean Dankelson, Daniel Knight, Chris Koster, Peter Lyskowski, Dan Patterson filed by Jamie Kathryn Lansford on behalf of Ronald N. Yeomans, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Comprehensive Health of Planned Parenthood Great Plains. Filing fee $400, receipt number 0866-5078936. Service due by 3/3/2017. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Lansford, Jamie) (Entered: 11/30/2016)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

Nov. 30, 2016

Nov. 30, 2016

Clearinghouse
2

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge William A. Knox. (Attachments: # 1 MAP General Order)(Lock, Tania) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
3

NOTICE of appearance by Arthur A. Benson on behalf of Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans (Attorney Arthur A. Benson added to party Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc.(pty:pla), Attorney Arthur A. Benson added to party Ronald N. Yeomans(pty:pla))(Benson, Arthur) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
4

ADMINISTRATIVE ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Howard F. Sachs for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case. The case number shall now read 2:16-cv-4313-HFS. Signed on 11/30/2016 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
5

DISCLOSURE OF CORPORATE INTERESTS filed by Jamie Kathryn Lansford on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc..(Lansford, Jamie) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
6

Motion to allow Jennifer R. Sandman to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5079986) filed by Arthur A. Benson on behalf of All Plaintiffs. (Benson, Arthur) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
7

Motion to allow Melissa A. Cohen to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5080000) filed by Arthur A. Benson on behalf of All Plaintiffs. (Benson, Arthur) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
8

ORDER granting 6 & 7 motions to appear pro hac vice entered by Clerk of Court. Attorney Jennifer Sandman and Melissa A. Cohen for Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. Signed on 12/01/2016 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached.(Lock, Tania) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
9

MOTION for leave to file excess pages filed by Melissa A. Cohen on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/21/2016 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Cohen, Melissa) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
10

NOTICE of appearance by Emily A. Dodge on behalf of Chris Koster, Peter Lyskowski (Attorney Emily A. Dodge added to party Chris Koster(pty:dft), Attorney Emily A. Dodge added to party Peter Lyskowski(pty:dft))(Dodge, Emily) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
11

RETURN OF WAIVER OF SERVICE filed by Ronald N. Yeomans, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Comprehensive Health of Planned Parenthood Great Plains. Waiver sent to Peter Lyskowski on 11/30/2016, answer due 1/30/2017. (Lansford, Jamie) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
12

RETURN OF WAIVER OF SERVICE filed by Ronald N. Yeomans, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Comprehensive Health of Planned Parenthood Great Plains. Waiver sent to Chris Koster on 11/30/2016, answer due 1/30/2017. (Lansford, Jamie) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
13

ORDER granting 9 motion for leave to file excess pages. Signed on December 8, 2016 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
14

MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/27/2016 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Cohen, Melissa) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
15

SUGGESTIONS in support re 14 MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Attachments: # 1 Exhibit Exhibit 1 Declaration of Laura McQuade, # 2 Exhibit Exhibit 2 Declaration of Mary M. Kogut, # 3 Exhibit Exhibit 3 Declaration of David L. Eisenberg, # 4 Exhibit Exhibit 4 Declaration of George Johannes, # 5 Exhibit Exhibit 5 Declaration of Sheila M. Katz, # 6 Exhibit Exhibit 6 Springfield Healthcare Ctr. v. Nixon)(Related document(s) 14 ) (Cohen, Melissa) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
16

Consent MOTION for extension of time Defendants Koster and Lyskowski's Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction filed by Emily A. Dodge on behalf of Chris Koster, Peter Lyskowski. Suggestions in opposition/response due by 1/4/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Dodge, Emily) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
17

NOTICE of appearance by Ronald N. Sweet on behalf of Daniel Knight (Attorney Ronald N. Sweet added to party Daniel Knight(pty:dft))(Sweet, Ronald) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
18

ANSWER to Complaint on behalf of Daniel Knight.(Sweet, Ronald) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
19

RULE 16 NOTICE. Proposed scheduling order due by January 31, 2017. Signed on December 22, 2016 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
20

ORDER granting 16 motion for extension of timeSuggestions in opposition/response due by 1/10/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. Signed on 12/27/2016 by District Judge Howard F. Sachs. (Travis, Kendra) (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
21

NOTICE of appearance by Timothy Myers on behalf of Dan Patterson (Attorney Timothy Myers added to party Dan Patterson(pty:dft))(Myers, Timothy) (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
22

RETURN OF WAIVER OF SERVICE filed by Ronald N. Yeomans, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Comprehensive Health of Planned Parenthood Great Plains. Waiver sent to Dan Patterson on 12/5/2016, answer due 2/3/2017. (Lansford, Jamie) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
23

NOTICE of appearance by Robert Travis Willingham on behalf of Jean Peters Baker (Attorney Robert Travis Willingham added to party Jean Peters Baker(pty:dft))(Willingham, Robert) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
24

RETURN OF WAIVER OF SERVICE filed by Ronald N. Yeomans, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Comprehensive Health of Planned Parenthood Great Plains. Waiver sent to Jean Peters Baker on 12/5/2016, answer due 2/3/2017. (Lansford, Jamie) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
25

RESPONSE to motion re 14 MOTION for preliminary injunction filed by Ronald N. Sweet on behalf of Defendant Daniel Knight. Reply suggestions due by 1/18/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Sweet, Ronald) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
26

MOTION to dismiss for lack of jurisdiction State Defendants' Motion to Dismiss for Lack of Jurisdiction filed by Emily A. Dodge on behalf of Chris Koster, Peter Lyskowski. Suggestions in opposition/response due by 1/24/2017 unless otherwise directed by the court. (Dodge, Emily) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
27

SUGGESTIONS in support re 26 MOTION to dismiss for lack of jurisdiction State Defendants' Motion to Dismiss for Lack of Jurisdiction Suggestions in Support of State Defendants' Motion to Dismiss for Lack of Jurisdiction filed by Emily A. Dodge on behalf of Defendants Chris Koster, Peter Lyskowski. (Attachments: # 1 Exhibit 1)(Related document(s) 26 ) (Dodge, Emily) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
28

SUGGESTIONS in opposition re 14 MOTION for preliminary injunction State Defendants' Suggestions in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Emily A. Dodge on behalf of Defendants Chris Koster, Peter Lyskowski. Reply suggestions due by 1/24/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 14 ) (Dodge, Emily) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
29

SUGGESTIONS in opposition re 14 MOTION for preliminary injunction filed by Timothy Myers on behalf of Defendant Dan Patterson. Reply suggestions due by 1/24/2017 unless otherwise directed by the court. (Related document(s) 14 ) (Myers, Timothy) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
30

MOTION for extension of time to file response/reply as to 14 MOTION for preliminary injunction, 26 MOTION to dismiss for lack of jurisdiction State Defendants' Motion to Dismiss for Lack of Jurisdiction filed by Melissa A. Cohen on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/27/2017 unless otherwise directed by the court. (Related document(s) 14, 26 ) (Cohen, Melissa) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
31

NOTICE of filing Notice of Change in Elected Official Defendants by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. (Lansford, Jamie) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
32

RETURN OF WAIVER OF SERVICE filed by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc.. Waiver sent to Dean Dankelson on 12/5/2016, answer due 2/3/2017. (Lansford, Jamie) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
33

ORDER granting 30 motion for extension of time to file response to Defendants' motion to dismiss and reply in support of motion for preliminary injunction. Signed on January 23, 2017 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
34

NOTICE of appearance by Dean John Sauer on behalf of Josh Hawley, Peter Lyskowski (Attorney Dean John Sauer added to party Josh Hawley(pty:dft), Attorney Dean John Sauer added to party Peter Lyskowski(pty:dft))(Sauer, Dean) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
35

ANSWER to 1 Complaint, on behalf of Dean Dankelson.(Attorney Norman Earl Rouse added to party Dean Dankelson(pty:dft))(Rouse, Norman) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
36

MOTION for leave to file excess pages filed by Melissa A. Cohen on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/13/2017 unless otherwise directed by the court. (Cohen, Melissa) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
37

ANSWER to 1 Complaint, on behalf of Jean Peters Baker.(Willingham, Robert) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
38

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Robert Travis Willingham on behalf of Defendant Jean Peters Baker.(Willingham, Robert) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
39

ORDER granting 36 motion for leave to file excess pages. Signed on January 30, 2017 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
40

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Ronald N. Sweet on behalf of Defendant Daniel Knight.(Sweet, Ronald) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
41

SUGGESTIONS in opposition re 26 MOTION to dismiss for lack of jurisdiction State Defendants' Motion to Dismiss for Lack of Jurisdiction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. Reply suggestions due by 2/14/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Supp. Decl. of Laura McQuade, # 2 Exhibit Am. Compl., Planned Parenthood v. Drummond)(Related document(s) 26 ) (Cohen, Melissa) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
42

REPLY SUGGESTIONS to motion re 14 MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Attachments: # 1 Exhibit Rebuttal Decl. of David Eisenberg, # 2 Exhibit Stipulation of Dismissal, Springfield Healthcare Ctr. v. Nixon, # 3 Exhibit Rebuttal Decl. of Stanley Henshaw)(Related document(s) 14 ) (Cohen, Melissa) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
43

Joint PROPOSED SCHEDULING ORDER by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Cohen, Melissa) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
44

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans.(Cohen, Melissa) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
45

MOTION to dismiss for lack of jurisdiction filed by Timothy Myers on behalf of Dan Patterson. Suggestions in opposition/response due by 2/17/2017 unless otherwise directed by the court. (Myers, Timothy) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
46

SUGGESTIONS in support re 45 MOTION to dismiss for lack of jurisdiction filed by Timothy Myers on behalf of Defendant Dan Patterson. (Related document(s) 45 ) (Myers, Timothy) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
47

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Timothy Myers on behalf of Defendant Dan Patterson.(Myers, Timothy) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
48

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Emily A. Dodge on behalf of Defendants Josh Hawley, Peter Lyskowski.(Dodge, Emily) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
49

CERTIFICATE OF SERVICE by Josh Hawley filed by Emily A. Dodge on behalf of Defendant Josh Hawley.(Dodge, Emily) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
50

NOTICE OF MAP Mediation - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for 4/18/2017 10:00 AM in Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. All persons with actual settlement authority are required to attend the mediation in person. Parties may submit a brief mediation statement of no more than 3 pages to Jackie_price@mow.uscourts.gov at least three days prior to the mediation.(Price, Jackie) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
51

SCHEDULING ORDER Preliminary Injunction Discovery. Signed on 2/14/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
52

Oral Argument set for 3/20/2017 02:30 PM in Kansas City at a courtroom to be designated before District Judge Howard F. Sachs. Signed on 2/14/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
53

REPLY SUGGESTIONS to motion re 26 MOTION to dismiss for lack of jurisdiction State Defendants' Motion to Dismiss for Lack of Jurisdiction Reply Suggestions in Support of the State Defendants' Motion to Dismiss for Lack for Jurisdiction filed by Emily A. Dodge on behalf of Defendants Josh Hawley, Peter Lyskowski. (Related document(s) 26 ) (Dodge, Emily) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
54

MOTION for leave to file Surreply Suggestions in Opposition to Plaintiffs' Motion for Preliminary Injunction and Suggestions in Support filed by Emily A. Dodge on behalf of Josh Hawley, Peter Lyskowski. Suggestions in opposition/response due by 2/28/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit The State Defendants' Surreply Suggestions in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit 1- Coleman Declaration, # 3 Exhibit 2- Supplemental Declaration of Dr. Solanky)(Dodge, Emily) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
55

ORDER granting 54 motion for leave to file surreply. The State Defendants may file surreply suggestions in opposition to plaintiffs' motion for preliminary injunction within FIVE days of this Order. Signed on February 15, 2017 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
56

SUR-REPLY re 14 MOTION for preliminary injunction The State Defendants' Surreply Suggestions in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Emily A. Dodge on behalf of Defendants Josh Hawley, Peter Lyskowski. (Attachments: # 1 Exhibit 1- Coleman Declaration, # 2 Exhibit 2- Supplemental Declaration of Dr. Solanky)(Related document(s) 14 ) (Dodge, Emily) Modified on 2/17/2017 to correct event type (Lock, Tania). (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
57

SUGGESTIONS in opposition re 45 MOTION to dismiss for lack of jurisdiction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. Reply suggestions due by 3/3/2017 unless otherwise directed by the court. (Related document(s) 45 ) (Cohen, Melissa) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
58

Joint MOTION for protective order filed by Melissa A. Cohen on behalf of Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. Suggestions in opposition/response due by 3/7/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Ex. A - Stipulated Protective Order)(Cohen, Melissa) Modified on 2/24/2017 to delete proposed order. Proposed order emailed in Word format by attorney. (Geiser, Angel). (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
59

MOTION to continue Oral Argument to March 21 filed by Melissa A. Cohen on behalf of Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. Suggestions in opposition/response due by 3/8/2017 unless otherwise directed by the court. (Cohen, Melissa) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
60

ORDER granting 59 motion to reschedule oral argument from March 20 to March 21. Oral argument will be held on Tuesday, March 21, 2017, at 2:30 p.m., in Courtroom 6B at the Charles Evans Whittaker Courthouse. Signed on February 22, 2017 by District Judge Howard F. Sachs. (Jones, Robin) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
61

CERTIFICATE OF SERVICE by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc..(Cohen, Melissa) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
62

MOTION for leave to file Sur-Surreply Suggestions filed by Melissa A. Cohen on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/17/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Sur-Surreply Suggestions, # 2 Exhibit Supplemental Rebuttal Declaration of Dr. David L. Eisenberg, # 3 Exhibit Supplemental Rebuttal Declaration of Dr. Stanley K. Henshaw)(Cohen, Melissa) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
63

NOTICE of filing of Corrected Declaration of Dr. David L. Eisenberg by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans re 15 Suggestions in Support of Motion,, (Attachments: # 1 Exhibit A - Corrected Declaration of Dr. David L. Eisenberg)(Cohen, Melissa) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
64

MOTION to seal document State Defendants' Motion for Leave to File Exhibits 1 and 2 to Their Supplemental Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction Provisionally Under Seal filed by Emily A. Dodge on behalf of Josh Hawley, Peter Lyskowski. Suggestions in opposition/response due by 3/17/2017 unless otherwise directed by the court. (Dodge, Emily) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
65

SUGGESTIONS in opposition re 14 MOTION for preliminary injunction The State Defendants' Supplemental Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Emily A. Dodge on behalf of Defendants Josh Hawley, Peter Lyskowski. Reply suggestions due by 3/17/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit 3)(Related document(s) 14 ) (Dodge, Emily) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
66

ORDER denying 26 motion to dismiss. Signed on 3/9/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
67

NOTICE of filing Substitution of Parties by Josh Hawley, Peter Lyskowski (Dodge, Emily) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
68

AMENDED ORDER re 66 ORDER denying 26 motion to dismiss. Signed on 3/10/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

Clearinghouse
69

ORDERED THAT motion to dismiss (ECF doc. 45), which has been filed by only one of the prosecutors, should be and is DENIED. Signed on 3/10/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
70

SUGGESTIONS in support re 14 MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Attachments: # 1 Exhibit A - Comprehensive Health Discovery Responses, # 2 Exhibit B - Third Rebuttal Declaration of David L. Eisenberg)(Related document(s) 14 ) (Cohen, Melissa) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
71

PROTECTIVE ORDER. Signed on March 15, 2017 by District Judge Howard F. Sachs. (Wheeler, LaTandra) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

Clearinghouse
72

ORDER: (THIS ORDER IS VACATED SEE DOCUMENT 75) The motion (ECF doc. 62) is now DENIED as moot. Signed on 3/15/2017 by District Judge Howard F. Sachs. (Travis, Kendra) Modified on 3/20/2017 (Diefenbach, Tracy). (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
73

ORDER: The motion for leave to file exhibits under seal (ECF doc. 64) is GRANTED. Signed on 3/15/2017 by District Judge Howard F. Sachs. (Travis, Kendra) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
74

NOTICE (SEALED) by Josh Hawley, Randall Williams re 65 Suggestions in Opposition to Motion, Exhibits 1 & 2 SEALED (Attachments: # 1 Exhibit 2)(Dodge, Emily) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
75

ORDERED that plaintiffs' motion for leave to file sur sur-reply suggestions (ECF doc. 62 ) is GRANTED, and the exhibits attached to the motion will be deemed admitted. It is further ORDERED that the order (ECF doc. 72) is VACATED. Signed on 3/20/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
76

SUGGESTIONS in support re 14 MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Attachments: # 1 Exhibit A - Supplemental Rebuttal Declaration of David L. Eisenberg, # 2 Exhibit B - Supplemental Rebuttal Declaration of Stanley Henshaw)(Related document(s) 14 ) (Cohen, Melissa) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
77

Minute Entry. Proceedings held before District Judge Howard F. Sachs: PRELIMINARY INJUNCTION HEARING held on 3/21/2017. Time in court: 2:30 pm to 4:15 pm. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Diefenbach, Tracy) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
78

ELECTRONIC TRANSCRIPT of Oral Argument held 3/21/2017 before Judge Howard F. Sachs. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. Number of pages: 65. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 3/30/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 6/19/2017.(Wirt, Katie) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
79

ANSWER to 1 Complaint, with Jury Demand on behalf of Josh Hawley, Randall Williams.(Dodge, Emily) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
80

ANSWER to 1 Complaint, on behalf of Dan Patterson.(Myers, Timothy) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
81

CERTIFICATE OF SERVICE by Josh Hawley, Randall Williams filed by Dean John Sauer on behalf of Defendants Josh Hawley, Randall Williams.(Sauer, Dean) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
82

MOTION to seal document PLAINTIFFS MOTION FOR LEAVE TO FILE EXHIBITS 1, 2, AND 3 TO THEIR SUPPLEMENTAL SUGGESTIONS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION UNDER SEAL filed by Melissa A. Cohen on behalf of Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. Suggestions in opposition/response due by 4/14/2017 unless otherwise directed by the court. (Cohen, Melissa) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
83

SUGGESTIONS in support re 14 MOTION for preliminary injunction filed by Melissa A. Cohen on behalf of Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans. (Attachments: # 1 Exhibit Supplemental Declaration of Mary Kogut, # 2 Exhibit Second Supplemental Declaration of Laura McQuade)(Related document(s) 14 ) (Cohen, Melissa) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
84

SUGGESTIONS in opposition re 14 MOTION for preliminary injunction filed by Dean John Sauer on behalf of Defendants Josh Hawley, Randall Williams. Reply suggestions due by 4/14/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Chicago Tribune Article - State Abortion Records Full of Gaps, # 2 Exhibit Demonstrative of Scope of Plaintiffs Proposed Injunction, # 3 Exhibit 19 CSR 30-30, # 4 Exhibit Declaration of Harold Kirbey, # 5 Exhibit Abbott Ambulance Records, # 6 Exhibit St. Louis City Fire Department Records, # 7 Exhibit RHS Emergency Protocols, # 8 Exhibit Declaration of Andrew Steele, # 9 Exhibit DHSS List of Ambulatory Surgical Centers)(Related document(s) 14 ) (Sauer, Dean) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
85

MOTION to seal document 84 Suggestions in Opposition to Motion,,, Exhibits 5, 6, and 7 thereto, filed by Dean John Sauer on behalf of Josh Hawley, Randall Williams. Suggestions in opposition/response due by 4/14/2017 unless otherwise directed by the court. (Related document(s) 84 ) (Sauer, Dean) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
86

NOTICE of filing by Josh Hawley, Randall Williams (Attachments: # 1 Exhibit Weitz Article, # 2 Exhibit Bartlett Article, # 3 Exhibit Niinimaki Article, # 4 Exhibit Cleland Article, # 5 Exhibit Grossman Article (2014), # 6 Exhibit Grossman Article (2017), # 7 Exhibit Jones & Jerman Article (2014), # 8 Exhibit Jones & Jerman Article (2017), # 9 Exhibit Lederle Article, # 10 Exhibit Calhoun Article, # 11 Exhibit Reardon Article, # 12 Exhibit Shelton Article, # 13 Exhibit Henderson Article)(Sauer, Dean) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
87

MEMORANDUM TO COUNSEL. Signed on 4/3/17 by District Judge Howard F. Sachs. (Diefenbach, Tracy) (Main Document 87 replaced on 4/4/2017) (Diefenbach, Tracy). (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
88

NOTICE of filing OF ADDITIONAL STUDIES AND MEDICAL JOURNAL ARTICLES by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex, B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D)(Cohen, Melissa) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
89

ORDER granting 82 motion to seal document. Plaintiff is granted leave to file Exhibits 1, 2 and 3 under seal, in support of supplemental briefing to their motion for preliminary injunction. Signed on 4/10/17 by District Judge Howard F. Sachs. (Anderson, Christy) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
90

ORDER granting 85 motion to seal document. Defendant's Hawley and Williams are granted leave to file Exhibits 5 and 6 to supplemental briefing under seal. Signed on 4/10/17 by District Judge Howard F. Sachs. (Anderson, Christy) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
91

NOTICE (SEALED) by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans re 83 Suggestions in Support of Motion, Sealed Exhibits 1, 2, and 3 (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Cohen, Melissa) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
92

AMENDED** NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. At the request of counsel, and approval of Magistrate Knox, the mediation scheduled for April 18 is cancelled. Early mediation reset for 5/23/2017 10:00 AM in Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. (Price, Jackie) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
93

MEMORANDUM AND ORDER granting 14 Motion for preliminary injunction. Signed on 4/19/17 by District Judge Howard F. Sachs. (Anderson, Christy) (Main Document 93 replaced on 4/24/2017 due to typographical error that did not warrant an amended order) (Anderson, Christy). (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

Clearinghouse

Proposed Preliminary Injunction Order order due by 5/1/2017. (Anderson, Christy)

April 19, 2017

April 19, 2017

PACER

Set/Reset Deadlines

April 19, 2017

April 19, 2017

PACER
94

NOTICE of filing of PLAINTIFFS MEMORANDUM REGARDING THE APPROPRIATE SCOPE OF PRELIMINARY INJUNCTIVE RELIEF by Comprehensive Health of Planned Parenthood Great Plains, Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., Ronald N. Yeomans (Attachments: # 1 Exhibit Ex. A - Proposed Order)(Cohen, Melissa) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
95

NOTICE of filing State Defendants Response to the Court Regarding the Scope of Preliminary Injunctive Relief by Josh Hawley, Randall Williams re 14 MOTION for preliminary injunction (Attachments: # 1 Exhibit Exhibit 1 - Email Communications with Counsel, # 2 Exhibit Exhibit 2 - Proposed Order)(Sauer, Dean) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
96

NOTICE of filing Response to Court Regarding the Scope of Preliminary Injunctive Relief by Dan Patterson (Myers, Timothy) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
97

ORDER effectuating ruling re 93 Order on Motion for Preliminary Injunction. Signed on 5/2/17 by District Judge Howard F. Sachs. (Anderson, Christy) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

Clearinghouse
98

NOTICE OF APPEAL as to 93 Order on Motion for Preliminary Injunction, 97 Order by Josh Hawley, Randall Williams. Filing fee $ 505, receipt number 0866-5278726. (Dodge, Emily) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: Nov. 30, 2016

Closing Date: Aug. 13, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Comprehensive Health of Planned Parenthood Great Plains and Reproductive Health Services of Planned Parenthood of the St. Louis Region (not-for-profit corporations providing abortion care in Missouri), and a physician employed by Comprehensive Health.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Missouri Department of Health and Senior Services, State

Attorney General, State

Prosecutor (Boone), County

Prosecutor (Jackson), County

Prosecutor (Jasper), County

Prosecutor (Greene), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

Reproductive rights:

Admitting privileges

Licensing restriction

General:

Abortion

Type of Facility:

Non-government non-profit